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

Vol. 141 WASHINGTON, WEDNESDAY, JANUARY 4, 1995 No. 1 House of Representatives

This being the day fixed by the 20th The CLERK. Representatives-elect, their presence by electronic device and amendment to the Constitution for the this is the day fixed by the 20th amend- also to vote on the election of the annual meeting of the Congress of the ment to the Constitution and Public speaker. United States, the Members-elect of Law 103–395 for the meeting of the 104th There was no objection. the 104th Congress met in their Hall, Congress and, as the law directs, the The CLERK. Without objection, the and at 12 noon, were called to order by Clerk of the House has prepared the of- Representatives-elect will record their the Clerk of the House of Representa- ficial roll of the Representatives-elect. presence by electronic device and their tives, the Honorable Donnald K. Ander- Certificates of election covering 428 names will be reported in alphabetical son. seats in the 104th Congress have been order by States, beginning with the The Chaplain, Rev. James David received by the Clerk of the House, and State of Alabama, to determine wheth- Ford, D.D., offered the following pray- the names of those persons whose cre- er a quorum is present. er: dentials show that they were regularly There was no objection. With gratefulness and praise and elected as Representatives in accord- The CLERK. Representatives-elect with a sense of duty and honor, we ex- ance with the laws of their respective who have not obtained their voting ID press our thanksgivings, O gracious States or of the United States will be cards may do so now in the Speaker’s God, that we have the opportunity to called. lobby. serve at this time and place. When we The Clerk lays before the House the The call was taken by electronic de- contemplate the demands of justice following communication from the vice, and the following Representa- and the high calling to public service, Secretary of the State of the State of tives-elect responded to their names: we pray that Your spirit will illumine Alabama. [Roll No. 1] our minds, strengthen our resolve and STATE OF ALABAMA, ANSWERED ‘‘PRESENT’’—432 give us hearts of wisdom, tolerance, OFFICE OF THE SECRETARY OF STATE, ALABAMA Montgomery, AL, December 19, 1994. and compassion. May each person be Bevill Hilliard Everett faithful to the vocation of Government Hon. DONNALD K. ANDERSON, Browder Bachus service, that we will be good stewards Clerk, Cramer Callahan U.S. House of Representatives, of the resources of the land, hold to the Washington, DC. ALASKA standards of integrity and loyalty and DEAR MR. ANDERSON: According to the un- Young do all those good things that honor official results of the election held on No- ARIZONA You and serve people everywhere. May vember 8, 1994, in the state of Alabama, the Your benediction, O God, that is new following individuals received a majority of Pastor Kolbe Shadegg Hayworth Salmon Stump every morning and is with us in all the the votes for a term of two years beginning moments of life, continue to bless us on January 3, 1995, to the United States ARKANSAS and keep us in Your grace, now and ev- House of Representatives: Dickey Lambert-Lincoln ermore. As the prophet Micah has said, Sonny Gallahan—1st District. Hutchinson Thornton Terry Everett—2nd District. ‘‘And what does the Lord require of Glen Browder—3rd District. CALIFORNIA you, but to do justice, to love mercy, Tom Bevill—4th District. Baker Farr Packard and to walk humbly with your God.’’ Robert E. (Bud) Cramer, Jr—5th District. Becerra Fazio Pelosi Amen. Spencer Bachus—6th District. Beilenson Filner Pombo Berman Gallegly Radanovich Earl F. Hilliard—7th District. PLEDGE OF ALLEGIANCE Bilbray Harman Riggs The official results and certificates of elec- Bono Herger Rohrabacher The CLERK. Will the Members-elect tion will be transmitted to you as soon as I Brown Horn Roybal-Allard and their guests please remain stand- am authorized to do so. Should the official Calvert Hunter Royce ing and join with us in the Pledge of results differ from this in any way, I will no- Condit Kim Seastrand Allegiance to the Flag. tify you immediately. Cox Lantos Stark Sincerely, Cunningham Lewis Thomas The Clerk led the Pledge of Alle- Dellums Lofgren Torres giance as follows: JIM BENNETT, Dixon Martinez Tucker Secretary of State. Dooley Matsui Waters I pledge allegiance to the Flag of the The CLERK. Without objection, the Doolittle McKeon Waxman United States of America, and to the Repub- Dornan Miller Woolsey lic for which it stands, one nation under God, Representatives-elect from the State of Dreier Mineta indivisible, with liberty and justice for all. Alabama will be allowed to record Eshoo Moorhead

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 1 H 2 CONGRESSIONAL RECORD — HOUSE January 4, 1995

COLORADO MISSOURI Johnson, Sam Smith Tejeda Laughlin Stenholm Thornberry Allard McInnis Schroeder Clay Gephardt Skelton Ortiz Stockman Wilson Hefley Schaefer Skaggs Danner Hancock Talent Emerson McCarthy Volkmer UTAH CONNECTICUT MONTANA Hansen Orton Waldholtz DeLauro Gejdenson Kennelly Franks Johnson Shays Williams VERMONT

DELAWARE NEBRASKA Sanders Castle Barrett Bereuter Christensen VIRGINIA NEVADA FLORIDA Bateman Goodlatte Scott Ensign Vucanovich Bliley Moran Sisisky Bilirakis Goss Ros-Lehtinen Boucher Payne Wolf Brown Hastings Scarborough NEW HAMPSHIRE Davis Pickett Canady Johnston Shaw Deutsch McCollum Stearns Bass Zeliff WASHINGTON Diaz-Balart Meek Thurman NEW JERSEY Dicks McDermott Smith Foley Mica Weldon Dunn Metcalf Tate Andrews Menendez Smith Fowler Miller Young Hastings Nethercutt White Gibbons Peterson Franks Pallone Torricelli Frelinghuysen Payne Zimmer WEST VIRGINIA GEORGIA LoBiondo Roukema Martini Saxton Mollohan Rahall Wise Barr Deal Linder Bishop Gingrich McKinney NEW MEXICO WISCONSIN Chambliss Kingston Norwood Barrett Klug Petri Collins Lewis Richardson Schiff Skeen Gunderson Neumann Roth NEW YORK HAWAII Kleczka Obey Sensenbrenner Ackerman LaFalce Paxon Abercrombie Mink WYOMING Boehlert Lazio Quinn Cubin IDAHO Engel Lowey Rangel Flake Maloney Schumer Chenoweth Crapo Forbes Manton Serrano b 1230 Frisa McHugh Slaughter ILLINOIS Hinchey McNulty Solomon The CLERK. The quorum call dis- Collins Flanagan Porter Houghton Molinari Towns closes that 432 Representatives-elect Costello Gutierrez Poshard Kelly Nadler Velazquez have responded to their names. A Crane Hastert Reynolds King Owens Walsh quorum is present. Durbin Hyde Rush Evans LaHood Weller NORTH CAROLINA f Ewing Lipinski Yates Ballenger Funderburk Myrick Fawell Manzullo Burr Hefner Rose ANNOUNCEMENT BY THE CLERK Clayton Heineman Taylor INDIANA Coble Jones Watt The CLERK. The Clerk will state that Burton Jacobs Souder NORTH DAKOTA credentials, regular in form, have been Buyer McIntosh Visclosky received showing the election of the Hamilton Myers Pomeroy ´ Hostettler Roemer Honorable CARLOS ROMERO-BARCELO as OHIO Resident Commissioner from the Com- IOWA Boehner Hoke Pryce monwealth of Puerto Rico for a term of Ganske Leach Nussle Brown Kaptur Regula 4 years beginning January 3, 1993; the Latham Lightfoot Chabot Kasich Sawyer Cremeans LaTourette Stokes election of the Honorable ELEANOR KANSAS Gillmor Ney Traficant HOLMES NORTON as Delegate from the Hall Oxley District of Columbia; the election of Brownback Roberts Hobson Portman Meyers Tiahrt the Honorable VICTOR O. FRAZER as OKLAHOMA Delegate from the Virgin Islands; the KENTUCKY Brewster Istook Lucas election of the Honorable ENI F.H. Baesler Lewis Ward Coburn Largent FALEOMAVAEGA as Delegate from Amer- Bunning Rogers Whitfield OREGON ican Samoa; and the election of the LOUISIANA Bunn DeFazio Wyden Honorable ROBERT A. UNDERWOOD as Baker Jefferson Tauzin Cooley Furse Delegate from Guam. Fields Livingston Hayes McCrery PENNSYLVANIA f Borski Fox Mascara MAINE Clinger Gekas McDade FAREWELL REMARKS OF THE Baldacci Longley Coyne Goodling McHale HONORABLE DONNALD K. AN- Doyle Greenwood Murtha DERSON MARYLAND English Holden Shuster Fattah Kanjorski Walker LERK Bartlett Gilchrest Morella The C . Ladies and gentlemen of Foglietta Klink Weldon Cardin Hoyer Wynn the House, if you will indulge me for Ehrlich Mfume RHODE ISLAND just one moment, I will shortly take leave of this Chamber after 35 years in MASSACHUSETTS Kennedy Reed your service, the last 8 in the high Blute Meehan Studds SOUTH CAROLINA Frank Moakley Torkildsen stewardship as your Clerk. Clyburn Inglis Spence Kennedy Neal My heart is filled with the happy re- Graham Sanford Spratt Markey Olver flections of those years, a deep sense of SOUTH DAKOTA MICHIGAN fulfillment, and profound gratitude for Johnson your unfailing confidence and friend- Barcia Dingell Levin Bonior Ehlers Rivers TENNESSEE ship. Indeed, I am grateful above all to Camp Hoekstra Stupak Bryant Ford Quillen the one Nation which affords oppor- Chrysler Kildee Smith Clement Gordon Tanner tunity for an ordinary citizen to Conyers Knollenberg Upton Duncan Hilleary Wamp achieve extraordinary responsibility. MINNESOTA TEXAS You will remain constantly in my Gutknecht Oberstar Sabo Archer Coleman Frost thoughts and in my prayers that God Luther Peterson Vento Armey Combest Geren will bless each of you in the work Minge Ramstad Barton de la Garza Gonzalez which you are about and may He for- Bentsen DeLay Green ever prosper this House and the United MISSISSIPPI Bonilla Doggett Hall Montgomery Taylor Wicker Bryant Edwards Jackson-Lee States of America. Parker Thompson Chapman Fields Johnson, E. B. I bid you an affectionate farewell. January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 3

(Applause, the Members rising.) sion for the future of the House, and he ROUKEMA], and the gentlewoman from f fought hard to keep us current with the Colorado [Mrs. SCHROEDER]. times. Just as Donn could explain the The tellers will come forward and TRIBUTE TO THE HONORABLE artistic nuances of paintings in the Ro- take their seats at the desk in the DONNALD K. ANDERSON tunda, he could just as easily give you front of the Speaker’s rostrum. (Mr. BOEHNER asked and was given the technical lowdown of cameras in The roll will now be called, and those permission to address the House for 1 this Chamber and on this floor. As the responding to their names will indicate minute.) House moves forward today with the by surname the nominee of their Mr. BOEHNER. Mr. Clerk, before we institutional reforms and the reorga- choice. proceed with the nominations for nization, we do so with the solid foun- The reading clerk will now call the dation left behind by Donn Anderson. Speaker of the House, on behalf of Re- roll. publican Members of the House, we Perhaps in parting we can borrow a The tellers having taken their places, want to thank you for your 35 years of phrase from our late and great Speaker the House proceeded to vote for the service to this institution, and your 35 Tip O’Neill. He simply said on so many Speaker. years of service to the American peo- occasions, ‘‘So long, old pal.’’ ple. You have done your job ably on be- Thank you, Donn Anderson. The following is the result of the vote: half of all Members on both sides of the f aisle. [Roll No. 2] And to the other officers of the ELECTION OF SPEAKER GINGRICH—228 House, who have served the House so The CLERK. The next order of busi- ably and the American people so ably, ness is the election of the Speaker of Allard Franks (CT) Mica Archer Franks (NJ) Miller (FL) we want to thank them as well for the House of Representatives for the Armey Frelinghuysen Molinari their service in this House. 104th Congress. Bachus Frisa Moorhead Farewell, and best wishes from all of Nominations are now in order. Baker (CA) Funderburk Morella us. The Clerk recognizes the gentleman Baker (LA) Gallegly Myers Ballenger Ganske Myrick Mr. FAZIO. Will the gentleman from Ohio [Mr. BOEHNER]. Barr Gekas Nethercutt yield? Mr. BOEHNER. Mr. Clerk, as chair- Barrett (NE) Gilchrest Neumann Mr. BOEHNER. I yield to my friend, man of the Republican Conference, I Bartlett Gillmor Ney the gentleman from California [Mr. am honored and privileged to welcome Barton Gilman Norwood Bass Goodlatte Nussle FAZIO]. my colleagues and the American people Bateman Goodling Oxley Mr. FAZIO. I appreciate my friend to this historic day. We have been sent Bereuter Goss Packard yielding. here—to the People’s House—to write, Bilbray Graham Paxon Bilirakis Greenwood Petri I, too, would like to add a few words together, a new chapter in our blessed Bliley Gunderson Pombo of tribute to our friend. Nation’s history. There is great antici- Blute Gutknecht Porter When the 103d Congress came to an pation, excitement, and expectation in Boehlert Hancock Portman official close on noon Tuesday, the America about what this new chapter Boehner Hansen Pryce Bonilla Hastert Quillen House literally lived on for the next 24 will say. To America I say, we shall Bono Hastings (WA) Quinn hours in the person of the gentleman write the chapter as you dictate it to Brownback Hayworth Radanovich from Sacramento, CA, the Clerk of the us. This is your House and your will Bryant (TN) Hefley Ramstad House, Donnald K. Anderson. In serving will be reflected in our actions. Bunn Heineman Regula Bunning Herger Riggs as the first presiding officer for the As the first sentence of this new Burr Hilleary Roberts purpose of organizing the 104th Con- chapter, I am directed by the unani- Burton Hobson Rogers gress, he fulfilled his last ministerial mous vote of the Republican Con- Buyer Hoekstra Rohrabacher Callahan Hoke Ros-Lehtinen duty to this institution. After four suc- ference to present the name of the Hon- Calvert Horn Roth cessive terms as Clerk and a career orable NEWT GINGRICH, a Representa- Camp Hostettler Roukema with the House that began as a Page tive-elect from the State of Georgia, Canady Houghton Royce when Dwight Eisenhower was Presi- for election to the Office of the Speak- Castle Hunter Salmon Chabot Hutchinson Sanford dent and Sam Rayburn sat in the er of the House of Representatives for Chambliss Hyde Saxton Speaker’s chair, Donn Anderson now the 104th Congress. Chenoweth Inglis Scarborough leaves a distinguished career of public The CLERK. The Clerk now recognizes Christensen Istook Schaefer service. the gentleman from California [Mr. Chrysler Johnson (CT) Schiff Clinger Johnson, Sam Seastrand On a personal level for many of us in FAZIO]. Coble Jones Sensenbrenner this Chamber, it was only natural for Mr. FAZIO. Mr. Clerk, as chairman of Coburn Kasich Shadegg Donn Anderson to have been the thread the Democratic Caucus, I am directed Collins (GA) Kelly Shaw of continuity from one Congress to the Combest Kim Shays by the unanimous vote of that caucus Cooley King Shuster next. For over 30 years, Donn has em- to present for election to the Office of Cox Kingston Skeen bodied every good virtue of this House. the Speaker of the House of Represent- Crane Klug Smith (MI) He has been its memory, its defender, atives for the 104th Congress the name Crapo Knollenberg Smith (NJ) Cremeans Kolbe Smith (TX) its champion and often its conscience. of the Honorable RICHARD A. GEP- Cubin LaHood Smith (WA) He understood perhaps better than HARDT, a Representative-elect from the Cunningham Largent Solomon anyone here the meaning of the word State of Missouri. I am proud to so Davis Latham Souder ‘‘bipartisanship’’ and he lived it daily DeLay LaTourette Spence make that nomination. Diaz-Balart Lazio Stearns in his work with the Members. In his 8 b 1240 Dickey Leach Stockman years as the second highest ranking of- Doolittle Lewis (CA) Stump ficer of the House, he worked tirelessly The CLERK. The Honorable NEWT Dornan Lewis (KY) Talent Dreier Lightfoot Tate to move the House into the informa- GINGRICH, a Representative-elect from Duncan Linder Taylor (NC) tion age and so greatly benefited our the State of Georgia, and the Honor- Dunn Livingston Thomas constituents, the American people. able RICHARD A. GEPHARDT, a Rep- Ehlers LoBiondo Thornberry As chairman of the Subcommittee on resentative-elect from the State of Ehrlich Longley Tiahrt Emerson Lucas Torkildsen Legislative Appropriations, I looked Missouri, have been placed in nomina- English Manzullo Upton forward to our annual ritual of hear- tion. Ensign Martini Vucanovich ings knowing that I could always count Are there any further nominations? Everett McCollum Waldholtz on the Clerk for the most splendid tes- There being no further nominations, Ewing McCrery Walker Fawell McDade Walsh timony. Although Donn himself admit- the Clerk will appoint tellers. Fields (TX) McHugh Wamp ted to his preference for Victorian The Chair appoints the gentleman Flanagan McInnis Weldon (FL) manners, there was nothing old-fash- from California [Mr. THOMAS], the gen- Foley McIntosh Weldon (PA) Forbes McKeon Weller ioned about the direction of his office. tleman from California [Mr. FAZIO], the Fowler Metcalf White He was thoroughly modern in his vi- gentlewoman from New Jersey [Mrs. Fox Meyers Whitfield H 4 CONGRESSIONAL RECORD — HOUSE January 4, 1995 Wicker Young (AK) Zeliff The Clerk would request visitors on that endeavor, Mr. Speaker, there can Wolf Young (FL) Zimmer the floor, most respectfully, including be no losers, and there can be no de- GEPHARDT—202 former members, to relinquish seats on feat. Abercrombie Gonzalez Ortiz the floor to Members-elect, prior to the Of course, in the 104th Congress there Ackerman Gordon Orton presentation of the Speaker-elect. Andrews Green Owens will be conflict and compromise. Baesler Gutierrez Pallone b 1320 Agreements will not always be easy; Baldacci Hall (OH) Pastor agreements sometimes not even pos- Barcia Hall (TX) Payne (NJ) The Clerk appoints the following Barrett (WI) Hamilton Payne (VA) committee to escort the Speaker-elect sible. However, while we may not agree Becerra Harman Pelosi to the chair: The gentleman from Mis- on matters of party and principle, we Beilenson Hastings (FL) Peterson (FL) all abide with the will of the people. Bentsen Hayes Peterson (MN) souri [Mr. GEPHARDT], the gentleman Berman Hefner Pickett from Texas [Mr. ARMEY], the gen- That is reason enough to place our Bevill Hilliard Pomeroy tleman from Texas [Mr. DELAY], the good faith and our best hopes in your Bishop Hinchey Poshard able hands. Bonior Holden Rahall gentleman from Michigan [Mr. Borski Hoyer Rangel BONIOR], the gentleman from Ohio [Mr. I speak from the bottom of my heart Boucher Jackson-Lee Reed BOEHNER], the gentleman from Califor- when I say that I wish you the best in Brewster Jacobs Reynolds nia [Mr. FAZIO], the gentleman from these coming 2 years, for when this Browder Jefferson Richardson Brown (CA) Johnson (SD) Rivers Georgia [Mr. COLLINS], the gentleman gavel passes into your hands, so do the Brown (FL) Johnson, E. B. Roemer from Georgia [Mr. LEWIS], the gen- futures and fortunes of millions of Brown (OH) Johnston Rose tleman from Georgia [Mr. BISHOP], the Americans. To make real progress, to Bryant (TX) Kanjorski Roybal-Allard gentleman from Georgia [Mr. DEAL], Cardin Kaptur Rush improve real people’s lives, we both Chapman Kennedy (MA) Sabo the gentleman from Georgia [Mr. have to rise above partisanship. We Clay Kennedy (RI) Sanders KINGSTON], the gentleman from Geor- have to work together were we can and Clayton Kennelly Sawyer gia [Mr. LINDER], the gentlewoman Clement Kildee Schroeder where we must. from Georgia [Ms. MCKINNEY], the gen- Clyburn Kleczka Schumer It is a profound responsibility, one tleman from Georgia [Mr. BARR], the Coleman Klink Scott which knows no bounds in party or pol- Collins (IL) LaFalce Serrano gentleman from Georgia [Mr. itics. It is the responsibility not mere- Collins (MI) Lambert-Lincoln Sisisky CHAMBLISS], and the gentleman from Condit Lantos Skaggs Georgia [Mr. NORWOOD]. ly for those who voted for you, not Conyers Laughlin Skelton merely for those who cast their fate on Costello Levin Slaughter The committee will retire from the Coyne Lewis (GA) Spratt Chamber to escort the Speaker-elect to your side of the aisle, but also for those Cramer Lipinski Stark the chair. who did not. Danner Lofgren Stenholm de la Garza Lowey Stokes The Doorkeeper announced the These are the responsibilities I pass, Deal Luther Studds Speaker-elect of the House of Rep- along with the gavel I hold, will hold in DeFazio Maloney Stupak resentatives of the 104th Congress, who my hand, but there are some burdens DeLauro Manton Tanner Dellums Markey Tauzin was escorted to the chair by the com- that the Democratic Party will never Deutsch Martinez Tejeda mittee of escort. cease to bear. As Democrats, we came Dicks Mascara Thompson Mr. GEPHARDT. Mr. Speaker, let me to Congress to fight for America’s Dingell Matsui Thornton say to the ladies and gentleman of the Dixon McCarthy Thurman hard-working middle-income families, Doggett McDermott Torres House that I first want to thank my the families who are working, often for Dooley McHale Torricelli Democratic colleagues for their sup- longer hours, for less pay, for fewer Doyle McKinney Towns port and their confidence. I noted we benefits in jobs they are not sure they Durbin McNulty Traficant were a little short, but I appreciate Edwards Meehan Tucker can keep. your friendship and your support. Engel Meek Velazquez We, together, must redeem their Eshoo Menendez Vento As you might imagine, this is not a faith that if they work hard and they Evans Mfume Visclosky moment that I had been waiting for. Farr Miller (CA) Volkmer When you carry the mantle of progress, play by the rules they can build a bet- Fattah Mineta Ward ter life for their children. Mr. Speaker, Fazio Minge Waters there is precious little glory in defeat. Fields (LA) Mink Watt (NC) But sometimes we spend so much time I want this entire House to speak for Filner Moakley Waxman lionizing the winners and labeling the those families. The Democratic Party Flake Mollohan Williams will. That mantle we will never lay to Foglietta Montgomery Wilson losers, we lose sight of the victory we Ford Moran Wise all share in this crown jewel of democ- rest. Frank (MA) Murtha Woolsey racy. So with partnership but with pur- Frost Nadler Wyden You see, Mr. Speaker, this is a day to pose, I pass this great gavel of our Gov- Furse Neal Wynn Gejdenson Oberstar Yates celebrate a power that belongs not to ernment. With resignation, but with Geren Obey any political party, but to the people, resolve, I hereby end 40 years of Demo- Gibbons Olver no matter the margin, no matter the cratic rule of this House; with faith ANSWERED ‘‘PRESENT’’—4 majority. All across the world, from and with friendship and the deepest re- Gephardt Parker Bosnia to Chechnya to South Africa, spect. You are now my Speaker, and let Gingrich Taylor (MS) people lay down their lives for the kind the great debate begin. of voice we take for granted. Too often b 1310 I now have the high honor and dis- the transfer of power is an act of pain tinct privilege to present to the House The CLERK. If there are any Rep- and carnage, not one as we see today of of Representatives our new Speaker, resentatives-elect who did not answer peace and decency. the rollcall, they may come to the well the gentleman from Georgia, NEWT and vote at this time. b 1330 GINGRICH. The tellers agree in their tallies that But here in the House of Representa- Mr. GINGRICH. Let me say first of the total number of votes cast is 434, of tives, for 219 years, longer than any de- all that I am deeply grateful to my which the Honorable NEWT GINGRICH of mocracy in the world, we heed the peo- good friend, DICK GEPHARDT. When my the State of Georgia has received 228 ple’s voice with peace and civility and side maybe overreacted to your state- and the honorable RICHARD A. GEP- respect. Each and every day, on this ment about ending 40 years of Demo- HARDT of the State of Missouri has re- very floor, we echo the hopes and cratic rule, I could not help but look ceived 202, with 4 voting ‘‘present.’’ dreams of our people, their fears and over at Bob Michel, who has often been Therefore, the Honorable NEWT GING- their failures, their abiding belief in a up here and who knows that everything RICH of the State of Georgia is duly better America. DICK said was true. This is difficult and elected Speaker of the House of Rep- We may not all agree with today’s painful to lose, and on my side of the resentatives for the 104th Congress, changing of the guard. We may not all aisle, we have for 20 elections been on having received a majority of the votes like it, but we enact the people’s will the losing side. Yet there is something cast. with dignity and honor and pride. In January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 5 so wonderful about the process by So this is a genuine Georgia gavel, first came on the floor earlier, I saw a which a free people decides things. and I am the first Georgia Speaker in number of the young people who are In my own case, I lost two elections, over 100 years. The last one, by the here. I met a number of the children and with the good help of my friend VIC way, had a weird accent, too. Speaker who are on the floor and the young FAZIO came close to losing two others. Crisp was born in Britain. His parents adults, who are close to 12 years of age. I am sorry, guys, it just did not quite were actors and they came to the Unit- I could not help but think that sitting work out. Yet I can tell you that every ed States—a good word, by the way, for in the back rail near the center of the time when the polls closed and I waited the value we get from immigration. House is one of my nephews, Kevin for the votes to come in, I felt good, be- Second, this is the gavel that Speak- McPherson, who is 5. My nieces Susan cause win or lose, we have been part of er Martin used. I am not sure what it Brown, who is 6, and Emily Brown, who this process. says about the inflation of Govern- is 8, and Laura McPherson, who is 9, In a little while, I am going to ask ment, to put them side by side, but this are all back there, too. That is prob- the dean of the House, JOHN DINGELL, was the gavel used by the last Repub- ably more than I was allowed to bring to swear me in, to insist on the biparti- lican Speaker. on, but they are my nieces and my san nature of the way in which we to- I want to comment for a minute on nephews. I have two other nephews a two men who served as my leaders, gether work in this House. JOHN’s fa- little older who are sitting in the gal- from whom I learned so much and who ther was one of the great stalwarts of lery. are here today. When I arrived as a the New Deal, a man who, as an FDR I could not help but think as a way I freshman, the Republican Party, deep- Democrat, created modern America. I wanted to start the Speakership and to ly dispirited by Watergate and by the think that JOHN and his father rep- talk to every Member, that in a sense resent a tradition that we all have to loss of the Presidency, banded together and worked with a leader who helped these young people around us are what recognize and respect, and recognize this institution is really all about. that the America we are now going to pave the way for our great party vic- tory of 1980, a man who just did a mar- Much more than the negative advertis- try to lead grew from that tradition ing and the interest groups and all the and is part of that great heritage. velous job. I cannot speak too highly of what I learned about integrity and different things that make politics all I also want to take just a moment to too often cynical, nasty, and some- thank Speaker Foley, who was extraor- leadership and courage from serving times frankly just plan miserable, dinarily generous, both in his public with him in my freshman term. He is what makes politics worthwhile is the utterances and in everything that he here with us again today. I hope all of choice, as DICK GEPHARDT said, be- and Mrs. Foley did to help Marianne you will recognize Congressman John tween what we see so tragically on the and me, and to help our staff make the Rhodes of Arizona. evening news and the way we try to transition. I think that he worked very b 1340 work very hard to make this system of hard to reestablish the dignity of the I want to say also that at our re- free, representative self-government House. We can all be proud of the rep- quest, the second person was not sure work. The ultimate reason for doing utation that he takes and of the spirit he should be here at all, then he that is these children, the country they with which he led the speakership. Our thought he was going to hide in the will inherit, and the world they will best wishes go to Speaker and Mrs. back of the room. I insisted that he live in. Foley. come on down front, someone whom I We are starting the 104th Congress. I I also want to thank the various regard as a mentor. I think virtually house officers, who have been just ex- do not know if you have every thought every Democrat in the House would say about this, but for 208 years, we bring traordinary. I want to say for the pub- he is a man who genuinely cares about, lic record that faced with a result none together the most diverse country in loves the House, and represents the the history of the world. We send all of them wanted, in a situation I sus- best spirit of the House. He is a man pect none of them expected, that with- sorts of people here. Each of us could who I studied under and, on whom I find at least one Member we thought in 48 hours every officer of this House hope as Speaker I can always rely for reacted as a patriot, worked overtime, was weird. I will tell you, if you went advice. I hope frankly I can emulate around the room the person chosen to bent over backwards, and in every way his commitment to this institution and helped us. I am very grateful, and this be weird would be different for vir- his willingness to try to reach beyond tually every one of us. Because we do House I think owes a debt of gratitude his personal interest and partisanship. to every officer that the Democrats allow and insist upon the right of a free I hope all of you will join me in thank- people to send an extraordinary diver- elected 2 years ago. ing for his years of service, Congress- This is a historic moment. I was sity of people here. man Bob Michel of Illinois. Brian Lamb of C–SPAN read to me asked over and over, how did it feel, I am very fortunate today. My mom Friday a phrase from de Tocqueville and the only word that comes close to and my dad are here, they are right up that was so central to the House. I adequate is overwhelming. I feel over- there in the gallery. Bob and Kit Ging- have been reading Remini’s biography whelmed in every way, overwhelmed by rich. I am so delighted that they were of Henry Clay and Clay, as the first all the Georgians who came up, over- both able to be here. Sometimes when strong Speaker, always preferred the whelmed by my extended family that is you get to my age, you cannot have ev- here, overwhelmed by the historic mo- eryone near you that you would like to House. He preferred the House to the ment. I walked out and stood on the have. I cannot say how much I learned Senate although he served in both. He balcony just outside of the Speaker’s from my Dad and his years of serving said the House is more vital, more ac- office, looking down the Mall this in the U.S. Army and how much I tive, more dynamic, and more com- morning, very early. I was just over- learned from my Mother, who is clearly mon. whelmed by the view, with two men I my most enthusiastic cheerleader. This is what de Tocqueville wrote: will introduce and know very, very My daughters are here up in the gal- ‘‘Often there is not a distinguished well. Just the sense of being part of lery, too. They are Kathy Lovewith and man in the whole number. Its members America, being part of this great tradi- her husband Paul, and Jackie and her are almost all obscure individuals tion, is truly overwhelming. husban Mark Zyler. Of course, the per- whose names bring no associations to I have two gavels. Actually, DICK son who clearly is my closest friend mind. They are mostly village lawyers, happened to use one. Maybe this was and my best adviser and whom if I lis- men in trade, or even persons belong- appropriate. This was a Georgia gavel I tened to about 20 percent more, I would ing to the lower classes of society.’’ just got this morning, done by Dorsey get in less trouble, my wife Marianne, If we include women, I do not know Newman of Tallapoosa. He decided that is in the gallery as well. that we would change much. But the the gavels he saw on TV weren’t big I have a very large extended family word ‘‘vulgar’’ in de Tocqueville’s time enough or strong enough, so he cut between Marianne and me. They are had a very particular meaning. It is a down a walnut tree in his backyard, virtually all in town, and we have done meaning the world would do well to make a gavel, put a commemorative our part for the Washington tourist study in this room. You see, de item on it, and sent it up here. season. But I could not help, when I Tocqueville was an aristocrat. He lived H 6 CONGRESSIONAL RECORD — HOUSE January 4, 1995 in a world of kings and princes. The It was one of the most overwhelming, ended up in the majority stood on folks who come here do so by the one compelling moments of my life. It these steps and signed a contract, and single act that their citizens freely struck me that something I could not here is part of what it says: chose them. I do not care what your help but think of when we were here On the first day of the 104th Congress the ethnic background is, or your ideology. with President Mandela. I went over new Republican majority will immediately I do not care if you are younger or and saw RON DELLUMS and thought of pass the following reforms aimed at restor- older. I do not care if you are born in the great work RON had done to extend ing the faith and trust of the American peo- America of if you are a naturalized cit- freedom across the planet. You get ple in their government: First, require all izen. Everyone of the 435 people have that sense of emotion when you see laws that apply to the rest of the country also to apply equally to the Congress. Sec- equal standing because their citizens something so totally different than you had expected. Here was a man who re- ond, select a major, independent auditing freely sent them. Their voice should be firm to conduct a comprehensive audit of the heard and they should have a right to minded me first of all that while presi- Congress for waste, fraud or abuse. Third, participate. It is the most marvelous dents are important, they are in effect cut the number of House committees and cut act of a complex giant country trying an elected kingship, that this and the committee staffs by a third. Fourth, limit to argue and talk. And, as DICK GEP- other body across the way are where the terms of all committee chairs. Fifth, ban HARDT said, to have a great debate, to freedom has to be fought out. That is the casting of proxy votes in committees. reach great decisions, not through a the tradition I hope that we will take Sixth, require committee meetings to be civil war, not by bombing one of our re- with us as we go to work. open to the public. Seven, require a three- fifths majority vote to pass a tax increase. gional capitals, not by killing a half Today we had a bipartisan prayer Eight, guarantee an honest accounting of million people, and not by having snip- service. FRANK WOLF made some very important points. He said, ‘‘We have to our federal budget by implementing zero ers. Let me say unequivocally, I con- baseline budgeting. demn all acts of violence against the recognize that many of our most pain- Now, I told DICK GEPHARDT last night law by all people for all reasons. This is ful problems as a country are moral that if I had to do it over again we a society of law and a society of civil problems, problems of dealing with would have pledged within 3 days that behavior. ourselves and with life.’’ we will do these things, but that is not Here we are as commoners together, b 1350 what we said. So we have ourselves in to some extent Democrats and Repub- He said character is the key to lead- a little bit of a box here. licans, to some extent liberals and con- ership and we have to deal with that. Then we go a step further. I carry the servatives, but Americans all. STEVE He preached a little bit. I do not think T.V. Guide version of the contract with GUNDERSON today gave me a copy of he thought he was preaching, but he me at all times. the ‘‘Portable Abraham Lincoln.’’ He was. It was about a spirit of reconcili- We then say that within the first 100 suggested there is much for me to learn ation. He talked about caring about days of the 104th Congress we shall about our party, but I would also say our spouses and our children and our that it does not hurt to have a copy of bring to the House floor the following families. If we are not prepared to bills, each to be given full and open de- the portable F.D.R. model our own family life beyond just This is a great country of great peo- bate, each to be given a full and clear having them here for 1 day, if we are vote, and each to be immediately avail- ple. If there is any one factor or acts of not prepared to care about our children my life that trikes me as I stand up able for inspection. We made it avail- and we are not prepared to care about able that day. We listed 10 items. A here as the first Republican in 40 years our families, then by what arrogance to do so. When I first became whip in balanced budget amendment and line- do we think we will transcend our be- item veto, a bill to stop violent crimi- 1989, Russia was beginning to change, havior to care about others? That is the Soviet Union as it was then. Into nals, emphasizing among other things why with Congressman GEPHARDT’s an effective and enforceable death pen- my whip’s office one day came eight help we have established a bipartisan Russians and a Lithuanian, members of alty. Third was welfare reform. Fourth, task force on the family. We have es- legislation protecting our kids. Fifth the Communist Party, newspaper edi- tablished the principle that we are tors. They asked me, ‘‘What does a was to provide tax cuts for families. going to set schedules we stick to so Sixth was a bill to strengthen our na- whip do?’’ families can count on time to be to- tional defense. Seventh was a bill to They said, ‘‘In Russia we have never gether, built around school schedules raise the senior citizens’ earning limit. had a free parliament since 1917 and so that families can get to know each Eighth was legislation rolling back that was only for a few months, so other, and not just by seeing us on C– Government regulations. Ninth was a what do you do?’’ SPAN. I tried to explain, as DAVE BONIOR or I will also say that means one of the commonsense legal reform bill, and TOM DELAY might now. It is a little strongest recommendations of the bi- tenth was congressional term limits strange if you are from a dictatorship partisan committee, is that we have 17 legislation. to explain you are called the whip but minutes to vote. This is the bipartisan Our commitment on our side, and you do not really have a whip, you are committee’s recommendations, not this is an absolute obligation, is first of elected by the people you are supposed just mine. They pointed out that if we all to work today until we are done. I to pressure—other members. If you take the time we spent in the last Con- know that is going to inconvenience pressure them too much they will not gress where we waited for one more people who have families and support- reelect you. On the other hand If you Member, and one more, and one more, ers. But we were hired to do a job, and do not pressure them enough they will that we literally can shorten the busi- we have to start today to prove we will not reelect you. Democracy is hard. It ness and get people home if we will be do it. Second, I would say to our if frustrating. strict and firm. At one point this year friends in the Democratic Party that So our group came into the Chamber. we had a 45-minute vote. I hope all of we are going to work with you, and we The Lithuanian was a man in his late my colleagues are paying attention be- are really laying out a schedule work- sixties, and I allowed him to come up cause we are in fact going to work very ing with the minority leader to make here and sit and be Speaker, something hard to have 17 minute votes and it is sure that we can set dates certain to go many of us have done with constitu- over. So, leave on the first bell, not the home. That does mean that if 2 or 3 ents. Remember, this is the very begin- second bell. OK? This may seem par- weeks out we are running short we ning of perestroika and glasnost. When ticularly inappropriate to say on the will, frankly, have longer sessions on he came out of the chair, he was phys- first day because this will be the busi- Tuesday, Wednesday, and Thursday. ically trembling. He was almost in est day on opening day in congres- We will try to work this out on a bipar- tears. He said, ‘‘Ever since World War sional history. tisan basis to, in a workmanlike way, II, I have remembered what the Ameri- I want to read just a part of the Con- get it done. It is going to mean the cans did and I have never believed the tract With America. I don’t mean this busiest early months since 1933. propaganda. But I have to tell you, I as a partisan act, but rather to remind Beyond the Contract I think there did not think in my life that I would be all of us what we are about to go are two giant challenges. I know I am able to sit at the center of freedom.’’ through and why. Those of us who a partisan figure. But I really hope January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 7 today that I can speak for a minute to You could have a Republican who visit a first-grade class and realize that my friends in the Democratic Party as frankly may not know a thing about every fourth or fifth young boy in that well as my own colleagues, and speak your district agree to come for a long class may be dead or in jail within 15 to the country about these two chal- weekend with you, and you will agree years? And they are your constituents lenges so that I hope we can have a real to go for a long weekend with them. We and you are helpless to change it?’’ For dialog. One challenge is to achieve a begin a dialog and an openness that is some reason, I do not know why, balanced budget by 2002. I think both totally different than people are used maybe because I visit a lot of schools, Democratic and Republican Governors to seeing in politics in America. I be- that got through. I mean, that person- will say we can do that but it is hard. lieve if we do that we can then create alized it. That made it real, not just I do not think we can do it in a year or a dialog that can lead to a balanced statistics, but real people. two. I do not think we ought to lie to budget. Then I tried to explain part of my the American people. This is a huge, But I think we have a greater chal- thoughts by talking about the need for complicated job. lenge. I do want to pick up directly on alternatives to the bureaucracy, and The second challenge is to find a way what DICK GEPHARDT said, because he we got into what I think frankly has to truly replace the current welfare said it right. No Republican here been a pretty distorted and cheap de- should kid themselves about it. The state with an opportunity society. bate over orphanages. greatest leaders in fighting for an inte- Let me talk very briefly about both Let me say, first of all, my father, grated America in the 20th century challenges. First, on the balanced who is here today, was a foster child. were in the Democratic Party. The fact budget I think we can get it done. I He was adopted as a teenager. I am is, it was the liberal wing of the Demo- think the baby boomers are now old adopted. We have relatives who were enough that we can have an honest dia- cratic Party that ended segregation. The fact is that it was Franklin Delano adopted. We are not talking out of log about priorities, about resources, some vague impersonal Dickens ‘‘Bleak about what works, and what does not Roosevelt who gave hope to a Nation that was in distress and could have slid House’’ middle-class intellectual work. Let me say I have already told model. We have lived the alternatives. Vice President GORE that we are going into dictatorship. Every Republican has much to learn from studying what I believe when we are told that chil- to invite him to address a Republican dren are so lost in the city bureauc- conference. We would have invited him the Democrats did right. racies that there are children who end in December but he had to go to Mos- But I would say to my friends in the up in dumpsters, when we are told that cow, I believe there are grounds for us Democratic Party that there is much there are children doomed to go to to talk together and to work together, to what Ronald Reagan was trying to schools where 70 or 80 percent of them to have hearings together, and to have get done. There is much to what is will not graduate, when we are told of task forces together. If we set prior- being done today by Republicans like public housing projects that are so dan- ities, if we apply the principles of Ed- Bill Weld, and John Engler, and gerous that if any private sector ran wards Deming and of Peter Drucker we Tommy Thompson, and George Allen, them they would be put in jail, and the can build on the Vice President’s and Christy Whitman, and Pete Wilson. only solution we are given is, ‘‘Well, we reinventing government effort and we There is much we can share with each will study it, we will get around to it,’’ can focus on transforming, not just other. cutting. The choice becomes not just We must replace the welfare state my only point is that this is unaccept- do you want more or do you want less, with an opportunity society. The bal- able. We can find ways immediately to but are there ways to do it better? Can anced budget is the right thing to do. do things better, to reach out, break we learn from the private sector, can But it does not in my mind have the through the bureaucracy and give we learn from Ford, IBM, from moral urgency of coming to grips with every young American child a better Microsoft, from what General Motors what is happening to the poorest Amer- chance. has had to go through? I think on a bi- icans. Let me suggest to you Morris I commend to all Marvin Olasky’s partisan basis we owe it to our children Schectman’s new book. I do not agree ‘‘The Tragedy of American Compas- and grandchildren to get this Govern- with all of it, but it is fascinating. It is sion.’’ Olasky goes back for 300 years ment in order and to be able to actu- entitled ‘‘Working Without a Net.’’ It and looked at what has worked in ally pay our way. I think 2002 is a rea- is an effort to argue that in the 21st America, how we have helped people sonable timeframe. I would hope that century we have to create our own rise beyond poverty, and how we have together we could open a dialog with safety nets. He draws a distinction be- reached out to save people. He may not the American people. tween caring and caretaking. It is have the answers, but he has the right I have said that I think Social Secu- worth every American reading. sense of where we have to go as Ameri- rity ought to be off limits, at least for He said caretaking is when you both- cans. the first 4 to 6 years of the process, be- er me a little bit, and I do enough, I cause I think it will just destroy us if b 1400 feel better because I think I took care of you. That is not any good to you at we try to bring it into the game. But I do not believe that there is a single all. You may be in fact an alcoholic let me say about everything else, American who can see a news report of whether it is Medicare, or it is agricul- a 4-year-old thrown off of a public and I just gave you the money to buy tural subsidies, or it is defense or any- housing project in Chicago by other the bottle that kills you, but I feel bet- thing that I think the greatest Demo- children and killed and not feel that a ter and go home. He said caring is ac- cratic President of the 20th century, part of your heart went, too. I think of tually stopping and dealing with the and in my judgment the greatest Presi- my nephew in the back, Kevin, and how human being, trying to understand dent of the 20th century, said it right. all of us feel about our children. How enough about them to genuinely make On March 4, 1933, he stood in braces as can any American read about an 11- sure you improve their life, even if you a man who had polio at a time when year-old buried with his Teddy bear be- have to start with a conversation like, nobody who had that kind of disability cause he killed a 14-year-old, and then ‘‘If you will quit drinking, I will help could be anything in public life. He was another 14-year-old killed him, and not you get a job.’’ This is a lot harder con- President of the United States, and he have some sense of ‘‘My God, where has versation than, ‘‘I feel better. I gave stood in front of this Capitol on a rainy this country gone?’’ How can we not him a buck or 5 bucks.’’ March day and he said, ‘‘We have noth- decide that this is a moral crisis equal I want to commend every Member on ing to fear but fear itself.’’ I want to segregation, equal to slavery? How both sides to look carefully. I say to every one of us to reach out in that can we not insist that every day we those Republicans who believe in total spirit and pledge to live up to that spir- take steps to do something? privatization, you cannot believe in the it, and I think frankly on a bipartisan I have seldom been more shaken than Good Samaritan and explain that as basis. I would say to Members of the I was after the election when I had long as business is making money we Black and Hispanic Caucuses that I breakfast with two members of the can walk by a fellow American who is would hope we could arrange by late Black Caucus. One of them said to me, hurt and not do something. I would say spring to genuinely share districts. ‘‘Can you imagine what it is like to to my friends on the left who believe H 8 CONGRESSIONAL RECORD — HOUSE January 4, 1995 there has never been a government pro- to make men holy, let us live to make (Applause, the Members rising.) gram that was not worth keeping, you men free.’’ b 1410 cannot look at some of the results we It is not just political freedom, al- now have and not want to reach out to though I agree with everything Con- I am now ready to take the oath of the humans and forget the bureauc- gressman GEPHARDT said earlier. If you office. I ask the dean of the House of racies. cannot afford to leave the public hous- Representatives, the Honorable JOHN If we could build that attitude on ing project, you are not free. If you do D. DINGELL of Michigan, to administer both sides of this aisle, we would be an not know how to find a job and do not the oath of office. amazingly different place, and the know how to create a job, you are not Mr. DINGELL then administered the country would begin to be a different free. If you cannot find a place that oath of office to Mr. GINGRICH of Geor- place. will educate you, you are not free. If gia, as follows: We have to create a partnership. We you are afraid to walk to the store be- Do you solemnly swear that you will have to reach out to the American peo- cause you could get killed, you are not support and defend the Constitution of ple. We are going to do a lot of impor- free. the United States against all enemies, tant things. Thanks to the House Infor- So as all of us over the coming foreign and domestic; that you will mation System and Congressman VERN months sing that song, ‘‘As he died to bear true faith and allegiance to the EHLERS, as of today we are going to be make men holy, let us live to make same; that you take this obligation on line for the whole country, every men free,’’ I want us to dedicate our- freely, without any mental reservation amendment, every conference report. selves to reach out in a genuinely non- or purpose of evasion, and that you will We are working with C–SPAN and oth- partisan way to be honest with each well and faithfully discharge the duties other. I promise each of you that with- ers, and Congressman GEPHARDT has of the office on which you are about to out regard to party my door is going to agreed to help on a bipartisan basis to enter. So help you God. be open. I will listen to each of you. I make the building more open to tele- (Applause, the Members rising.) will try to work with each of you. I vision, more accessible to the Amer- f will put in long hours, and I will guar- ican people. We have talk radio hosts antee that I will listen to you first. I SWEARING IN OF MEMBERS here today for the first time. I hope to will let you get it all out before I give have a bipartisan effort to make the The SPEAKER. According to the you my version, because you have been place accessible for all talk radio hosts precedent, the Chair will swear in all patient with me today, and you have of all backgrounds, no matter their ide- Members of the House at this time and, given me a chance to set the stage. ology. The House Historian’s office is without objection, the Members from But I want to close by reminding all going to be more aggressively run on a the State of Alabama will also be of us of how much bigger this is than sworn in at this time, there being no bipartisan basis to reach out to Close us. Because beyond talking with the Up, and to other groups to teach what contest as to their elections. American people, beyond working to- There was no objection. the legislative struggle is about. I gether, I think we can only be success- think over time we can and will this The SPEAKER. If the Members will ful if we start with our limits. I was rise, the Chair will now administer the Spring rethink campaign reform and very struck this morning with some- lobbying reform and review all ethics, oath of office. thing Bill Emerson used, a very famous The Members-elect and Delegates- including the gift rule. quote of Benjamin Franklin, at the But that isn’t enough. Our challenge elect and the Resident Commissioner- point where the Constitutional Conven- elect rose, and the Speaker adminis- shouldn’t be just to balance the budget tion was deadlocked. People were tired, or to pass the Contract. Our challenge tered the oath of office to them, as fol- and there was a real possibility that lows: should not be anything that is just leg- the Convention was going to break up. islative. We are supposed to, each one Do you solemnly swear that you will Franklin, who was quite old and had support and defend the Constitution of of us, be leaders. I think our challenge been relatively quiet for the entire has to be to set as our goal, and maybe the United States against all enemies, Convention, suddenly stood up and was foreign and domestic; that you will we are not going to get there in 2 angry, and he said : years. This ought to be the goal that bear true faith and allegiance to the I have lived, sir, a long time, and the same; that you take this obligation we go home and we tell people we be- longer I live the more convincing proofs I see lieve in: that there will be a Monday freely, without any mental reservation of this truth, that God governs in the affairs or purpose of evasion, and that you will morning when for the entire weekend of men, and if a sparrow cannot fall to the not a single child was killed anywhere ground without His notice, is it possible that well and faithfully discharge the duties in America; that there will be a Mon- an empire can rise without His aid? of the office on which you are about to day morning when every child in the At that point the Constitutional Con- enter. So help you God. country went to a school that they and vention stopped. They took a day off Congratulations, the gentlemen and their parents thought prepared them as for fasting and prayer. gentlewomen are now Members of the citizens and prepared them to compete Then, having stopped and come to- 104th Congress. in the world market; that there will be gether, they went back, and they f a Monday morning where it was easy solved the great question of large and MAJORITY LEADER to find a job or create a job, and your small States. They wrote the Constitu- own Government did not punish you if tion, and the United States was cre- Mr. BOEHNER. Mr. Speaker, as you tried. ated. All I can do is pledge to you that, chairman of the Republican con- We should not be happy just with the if each of us will reach out prayerfully ference, I am directed by that con- language of politicians and the lan- and try to genuinely understand each ference to officially notify the House guage of legislation. We should insist other, if we will recognize that in this that the gentleman from Texas, the that our success for America is felt in building we symbolize America, and Honorable RICHARD K. ARMEY, has been the neighborhoods, in the commu- that we have an obligation to talk with selected as the majority leader of the nities, is felt by real people living real each other, then I think a year from House. lives who can say, ‘‘Yes, we are safer, now we can look on the 104th Congress f we are healthier, we are better edu- as a truly amazing institution without cated, America succeeds.’’ regard to party, without regard to ide- MINORITY LEADER This morning’s closing hymn at the ology. We can say, ‘‘Here, America Mr. FAZIO. Mr. Speaker, as chair- prayer service was the Battle Hymn of comes to work, and here we are prepar- man of the Democratic caucus, I have the Republic. It is hard to be in this ing for those children a better future.’’ been directed to report to the House building, look down past Grant to the Thank you. Good luck and God bless that the Democratic Members have se- Lincoln Memorial and not realize how you. lected as minority leader the gen- painful and how difficult that battle Let me now call on the gentleman tleman from Missouri, the Honorable hymn is. The key phrase is, ‘‘As he died from Michigan [Mr. DINGELL]. RICHARD A. GEPHARDT. January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 9 MAJORITY WHIP The SPEAKER. The question is on AUTHORIZING THE CLERK TO IN- Mr. BOEHNER. Mr. Speaker, as the amendment offered by the gen- FORM THE PRESIDENT OF THE chairman of the Republican con- tleman from California [Mr. FAZIO]. UNITED STATES OF THE ELEC- ference, I am directed by that con- The amendment was rejected. TION OF THE SPEAKER AND THE ference to notify the House officially The SPEAKER. The question is on CLERK OF THE HOUSE OF REP- that the Republican Members have se- the remainder of the resolution offered RESENTATIVES lected as our majority whip the gen- by the gentleman from Ohio [Mr. Mr. ARMEY. Mr. Speaker, I offer a tleman from Texas, the Honorable TOM BOEHNER]. privileged resolution (H. Res. 4) and DELAY. The remainder of the resolution was ask for its immediate consideration. agreed to. f The Clerk read the resolution, as fol- A motion to reconsider was laid on lows: MINORITY WHIP the table. H. RES. 4 The SPEAKER. The Chair will now Mr. BOEHNER. Mr. Speaker, as Resolved, That the Clerk be instructed to swear in the officers of the House. The chairman of the Democratic caucus, I inform the President of the United States officers will come forward, please. have been directed to report to the that the House of Representatives has elect- The officers-elect presented them- ed NEWT GINGRICH, a Representative from House that the Democratic members the State of Georgia, Speaker; and Robin H. have selected as minority whip the selves at the bar of the House and took the oath of office. Carle, a citizen of the Commonwealth of Vir- gentleman from Michigan, the Honor- ginia, Clerk of the House of Representatives able David E. Bonior. The SPEAKER. The gentlemen and of the One Hundred Fourth Congress. gentlewomen are now Members of the f 104th Congress. Congratulations. The resolution was agreed to. A motion to reconsider was laid on ELECTION OF CLERK OF THE NOTIFICATION TO SENATE OF the table. HOUSE, SERGEANT AT ARMS, ORGANIZATION OF THE HOUSE f CHIEF ADMINISTRATIVE OFFI- CER, AND CHAPLAIN Mr. ARMEY. Mr. Speaker, I offer a MAKING IN ORDER IMMEDIATE privileged resolution (H. Res. 2) and Mr. BOEHNER. Mr. Speaker, I offer a CONSIDERATION OF HOUSE RES- privileged resolution (H. Res. 1) and ask for its immediate consideration. OLUTION ADOPTING THE RULES ask for its immediate consideration. The Clerk read the resolution, as fol- OF THE HOUSE OF REPRESENTA- The Clerk read the resolution, as fol- lows: TIVES FOR THE 104TH CONGRESS lows: H. RES. 2 Mr. ARMEY. Mr. Speaker, I ask H. RES. 1 Resolved, That the Senate be informed that unanimous consent that it be in order Resolved, That Robin H. Carle, of the Com- a quorum of the House of Representatives immediately to consider in the House a monwealth of Virginia, be, and she is hereby, has assembled; that NEWT GINGRICH, a Rep- resolution adopting the rules of the chosen Clerk of the House of Representa- resentative from the State of Georgia, has House of Representatives for the 104th tives; been elected Speaker; and Robin H. Carle, a Congress; that the resolution be con- That Wilson S. Livingood, of the Common- citizen of the Commonwealth of Virginia, sidered as read; that the resolution be wealth of Virginia, be, and he is hereby, cho- has been elected Clerk of the House of Rep- debatable initially for 30 minutes, to be resentatives of the One Hundred Fourth Con- sen Sergeant at Arms of the House of Rep- equally divided and controlled by the resentatives; gress. That Scott M. Faulkner, of the State of majority leader and the minority lead- The resolution was agreed to. er, or their designees; that the previous West Virginia, be, and he is hereby, chosen A motion to reconsider was laid on Chief Administrative Officer of the House of question be considered as ordered on Representatives; and the table. the resolution to final adoption with- That Reverend James David Ford, of the f out intervening motion or demand for Commonwealth of Virginia, be, and he is division of the question, except that hereby, chosen Chaplain of the House of Rep- the question of adopting the resolution resentatives. COMMITTEE TO NOTIFY THE PRESIDENT OF THE UNITED shall be divided among nine parts, to Mr. FAZIO. Mr. Speaker, I have an wit: Each of the eight sections of title amendment to the resolution, but I re- STATES OF THE ASSEMBLY OF THE CONGRESS I, and then title II; each portion of the quest there be a division of the ques- divided question shall be debatable sep- tion on the resolution so that we may Mr. ARMEY. Mr. Speaker, I offer a arately for 20 minutes, to be equally di- have a separate vote on the Chaplain. privileged resolution (H. Res. 3) and vided and controlled by the majority ask for its immediate consideration. leader and the minority leader, or their b 1420 The Clerk read the resolution, as fol- designees, and shall be disposed of in The SPEAKER. The question will be lows: the order stated, but if the yeas and divided. H. RES. 3 nays are ordered on the question of The question is on agreeing to that adopting any portion of the divided portion of the resolution providing for Resolved, That a committee of two Mem- bers be appointed by the Speaker on the part question, the Speaker may postpone the election of the Chaplain. of the House of Representatives to join with further proceedings on that question That portion of the resolution was a committee on the part of the Senate to no- until a later time during the consider- agreed to. tify the President of the United States that ation of the resolution; and, pending AMENDMENT OFFERED BY MR. FAZIO a quorum of each House has assembled and the question of adopting the ninth por- Mr. FAZIO. Mr. Speaker, I offer an Congress is ready to receive any communica- tion of the divided question, it shall be tion that he may be pleased to make. amendment to the remainder of the in order to move the previous question resolution offered by the gentleman The resolution was agreed to. thereon, and if the previous question is from Ohio [Mr. BOEHNER]. A motion to reconsider was laid on ordered, to move that the House com- The Clerk read as follows: the table. mit the resolution to a select commit- Amendment offered by Mr. FAZIO: That The SPEAKER. The Chair appoints tee, with or without instructions, and Thomas O’Donnell, of the State of Maryland, as members of the committee on the that the previous question be consid- be, and he is hereby, chosen Clerk of the part of the House to join a committee ered as ordered on the motion to com- House of Representatives; on the part of the Senate to notify the mit to final adoption without interven- That George Kundanis, of the District of President of the United States that a ing motion. Columbia, be, and he is hereby, chosen Ser- quorum of each House has been assem- The SPEAKER. Is there objection to geant at Arms of the House of Representa- bled, and that Congress is ready to re- the request of the gentleman from tives; and That Marti Thomas, of the District of Co- ceive any communication that he may Texas? lumbia, be, and she is hereby, chosen Chief be pleased to make, the gentleman Mr. BONIOR. Reserving the right to Administrative Officer of the House of Rep- from Texas [Mr. ARMEY], and the gen- object, Mr. Speaker, under my reserva- resentatives. tleman from Missouri [Mr. GEPHARDT]. tion I would like to ask the gentleman H 10 CONGRESSIONAL RECORD — HOUSE January 4, 1995 from Texas [Mr. ARMEY] several ques- In fact, I would ask another question whip, or his designee, pending which I tions about his unanimous-consent re- of my friend. Does this request envi- yield myself such time as I may quest. sion a division of the open-amendment consume. First of all, does the gentleman’s re- process for the Congressional Account- (Mr. SOLOMON asked and was given quest allow us to offer an amendment ability Act to be considered at the end permission to revise and extend his re- to ban gifts by lobbyists? of the day? marks and to include extraneous mate- Mr. ARMEY. Mr. Speaker, will the Mr. ARMEY. Mr. Speaker, will the rial.) gentleman yield? gentleman yield? Mr. SOLOMON. Mr. Speaker, the res- Mr. BONIOR. I yield to the gen- Mr. BONIOR. I yield to the gen- olution before us is a special rule au- tleman from Texas. tleman from Texas. thorized by the Republican Conference Mr. ARMEY. Mr. Speaker, I say to Mr. ARMEY. Perhaps at this point I providing for the consideration of a the gentleman, You are entitled under might address the Speaker and express resolution adopting the rules of the the rules to offer a germane amend- my wonderment as to whether or not House for the 104th Congress. ment in your motion to commit if it is the gentleman is going to make an ob- While such a special rule is not un- ruled by the Parliamentarian that such jection. precedented, I think the last time it an amendment is germane. Mr. BONIOR. Mr. Speaker, reserving was done was back in 1893. So this is an Mr. BONIOR. Further reserving the my right to object, let me just say that unusual situation. We have never be- right to object, Mr. Speaker, I would given that the gentleman has informed propound to my distinguished friend the House that he is requesting two fore had an objection to the rules being from Texas another question: completely closed rules, two gag rules, brought up by unanimous consent. Is your request an open amendment I might add, on the first day of the As returning Members are aware, or- process which allows Members the op- Congress, I object. dinarily the resolution adopting House portunity to offer germane amend- The SPEAKER. An objection has rules at the beginning of a Congress is ments? We have the opportunity to been heard. considered as privileged in the House offer germane amendments? The Chair now recognizes the distin- and subject to just 1 hour of debate, Mr. ARMEY. If the gentleman would guished gentleman from New York [Mr. with no amendments, and on up-or- yield, I am advised by the gentleman SOLOMON]. down vote following the vote on the from New York [Mr. SOLOMON], the Mr. SOLOMON. Mr. Speaker, by di- previous question and any motion to chairman of the Committee on Rules, rection of the House Republican Con- commit the resolution. that the rule is more open than any we ference, since there is no Committee on This special rule allows for a dif- have ever had in the past. Rules yet, and the Committee on Rules ferent and more expansive consider- Mr. BONIOR. Is the gentleman say- has not met yet to organize and will ation of the House rules resolution. ing that no amendments are in order not until tomorrow, by direction of the First, instead of just 1 hour of de- under the request and this is a closed Republican Conference, I call up a priv- bate, which is customary in this House rule? ileged resolution and ask for its imme- and traditional over the years, cer- Mr. ARMEY. If the gentleman would diate consideration. tainly all of the years I have been here, yield, there are plenty of amendments The SPEAKER. The Clerk will report it provides for a total of 31⁄2 hours of in order. the resolution. debate, equally divided and controlled Mr. BONIOR. Does this afford the mi- The Clerk read the resolution, as fol- by the majority and the minority nority a right to offer an amendment, lows: I would ask the gentleman from Texas? party. Mr. ARMEY. Mr. Speaker, if the gen- H. RES. 5 Second, instead of just one vote on tleman would yield, I am again advised Resolved, That upon the adoption of this adopting the resolution, the special by the gentleman from New York [Mr. resolution it shall be in order to consider in rule allows for nine separate votes, not the House the resolution (H. Res. 6) adopting SOLOMON], the chairman of the Com- counting a vote on committing the res- the Rules of the House of Representatives for olution. I would again call this to the mittee on Rules, that my colleague can the One Hundred Fourth Congress. The reso- include any amendment he wants in lution shall be considered as read. The reso- attention of the Members on that side the motion to commit so long as it lution shall be debatable initially for 30 min- of the aisle. It allows for nine separate meets the test of germaneness. utes to be equally divided and controlled by votes, not counting a vote on commit- Mr. BONIOR. Will we have time to the Majority Leader and the Minority Lead- ting the resolution, which I assume the debate the motion to commit? er or their designees. The previous question minority would be offering. Mr. ARMEY. I believe under the rules shall be considered as ordered on the resolu- This time will be divided as follows: of the House it is a nondebatable mo- tion to final adoption without intervening First, there will be 30 minutes of gen- motion or demand for division of the ques- tion. tion except as specified in sections 2 and 3 of eral debate on the resolution, equally Mr. BONIOR. So we can offer the mo- this resolution. divided between the majority and the tion and we cannot debate it? SEC. 2. The question of adopting the resolu- minority. Mr. ARMEY. If the gentleman would tion shall be divided among nine parts, to Second, there will follow 20 minutes yield, there will be about 31⁄2 hours of wit: each of the eight sections of title I; and of debate each on the eight sections debate, and it is the judgment of this title II. Each portion of the divided question contained in title I of the resolution, Member that there will be plenty of op- shall be debatable separately for 20 minutes, to be equally divided and controlled by the and that is the Contract with America: portunity within that time since time The Bill of Accountability Act. will be allocated to the minority for Majority Leader and the Minority Leader or their designees, and shall be disposed of in Mr. Speaker, each of these sections debate purposes to make the points the order stated. will be subject to a separate vote under that the gentleman might want to SEC. 3. Pending the question of adopting an automatic division of the question. make related to their motion to com- the ninth portion of the divided question, it Third, there will be additional 20 mit. shall be in order to move that the House minutes of debate on title II of the res- b commit the resolution to a select commit- 1430 tee, with or without instructions. The pre- olution, containing an additional 23 It is a common practice that we used vious question shall be considered as ordered sections, followed by a separate vote on many times when we were in the mi- on the motion to commit to final adoption title II. That is nine votes altogether. nority exercising our prerogative to without intervening motion. It would be in order for the minority, make a motion to commit. The SPEAKER. The resolution is a prior to the final vote on adopting title Mr. BONIOR. Mr. Speaker, it is my matter of privilege. The gentleman II of this bill, to offer a motion to com- understanding we will not be able to from New York [Mr. SOLOMON] is recog- mit the resolution. offer amendments on the motion the nized for 1 hour. However, I want to point out that gentleman has put forward, and that Mr. SOLOMON. Mr. Speaker, for the this special rule does not allow for a we will not be able, for instance, to purposes of debate only, I yield 30 min- separate previous question vote on offer the amendment that we wish to utes to the distinguished minority title II. So if the minority wishes to offer on the gift ban. leader, or in this case the minority have a previous question vote to alter January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 11 the terms of this procedure and make families who benefit, not the wealthi- us? A closed rule. Not just one closed in order additional amendments, it est few. rule, but a closed rule within a closed must defeat the previous question on In our efforts to balance the budget, rule. this special rule. They have that pre- we intend to make sure that our sen- Where is democracy, where is open rogative. iors are not robbed of their right to So- debate, where is the free flow of ideas? We are allowing the minority its tra- cial Security or Medicare, that our Not one amendment will be able to be ditional previous question vote children are not deprived of their right offered to anything the Republicans do through this rule, but we are not being to education and practical training for today. Not one amendment. so generous as to allow the minority good jobs. This would not matter so much, if two previous question votes. We are And we intend to make sure that the Republicans had offered us real re- going to be here until 10:30, 11:30, pos- when we talk about reforming this form. But their package leaves out the sibly even 2 o’clock in the morning, House, those reforms are real, con- single most important effort that could and we want to expedite this as quickly crete, and that they make a difference. help stop the influence of special inter- as possible. We have seen the symbols of change ests, a ban on gifts from lobbyists. I would also point out in that same today. In what is the greatest tribute Last year, the Republicans ran from regard that the previous question is to, this, the world’s greatest demo- reform, and blocked passage of the gift automatically ordered on the adoption cratic institution, the gavel has ban bill in the Senate. This year, they of each of the eight sections in title I. changed hands. Power has shifted. are going even further. With this closed That means that there will be no sep- The Republican Party has promised rule, with this gag rule, they have pre- arate previous question votes on those an agenda of reform. We, Democrats in- vented a gift ban from being offered as sections, nor will there be an oppor- tend to make sure they keep their a separate amendment. tunity to commit any of those sec- promises. Today, we deal with the rules We need to defeat the previous ques- tions, with or without instructions. of this House. These issues may seem tion on this gag rule, to provide an That does not mean, Mr. Speaker, arcane, removed from the lives of aver- open rule that will allow us to get to that the minority will be precluded in age Americans. But what we do today the real issues of reform, including a its final motion to commit on title II sends a powerful signal. For today, we ban on gifts from special interests. from revisiting any matter that has define the rules and standards that we, This is essentially the same gift ban as Members of Congress, are deter- provision that was passed overwhelm- been adopted in title I. They can still mined to live by. ingly last year, Republicans claimed to take that opportunity, if they wish. On Most Democrats will support most of be for it then, now that they are in the contrary, all of the rules of the the reforms that are being offered. control, it is time to get real about re- House that have been adopted to that Some of them were our own reforms, form, and pass this ban on gifts. point are still subject to further reforms that were blocked last year, in In recent weeks, it has become clear amendment in any motion to commit, a cynical move for partisan advantage that there is a serious loophole in even and any additional amendments to by the Republican Party. Some of them this major reform. We have discovered House rules will be in order as well. are of little consequence. Whether they that there are backdoors to getting In conclusion, Mr. Speaker, we have pass or not makes little difference. gifts. And one of these back doors is designed in this procedure the fairest But, none of these reforms go far through book deals, with lucrative ad- and most open process on a House rules enough. They stop short. They are just vances and multimillion dollar royalty resolution in over a century in this window dressing, hiding the real shift contracts. House. We have allowed over three in power the Republicans intend to I will be urging my colleagues to de- times as much debate as is usual on bring about. feat the previous question so that we opening day, and nine times as many The American people voted for can offer an open rule which will allow votes. change last November. They did not an amendment to directly address this We will be giving Members on both vote to create a Congress that is for issue of whether a Member of Congress sides of the aisle an opportunity to sep- sale to the highest bidder. They voted should be allowed to earn millions of arately vote on each of the nine items for change. But they did not vote for a dollars in book royalties while em- contained in our Contract with Amer- Congress where leaders take care of ployed at the taxpayers expense. ica as embodied in title I. And the mi- their own private profits before they We intend to try to offer an amend- nority will retain its usual right to take care of the public business. ment that would cap royalties from alter this procedure further if it de- They voted for change. But they did any individual book to one-third of a feats the previous question on this not vote for a Congress that is be- Member’s annual salary. rule, and it will retain its usual right holden to multimillionaires. And they Let me make this very clear: by to commit the resolution with a final did not vote to allow Members of Con- making this proposal today, we are not amendment at the conclusion of debate gress to trade on the public trust, and trying to discourage Members from on title II. become millionaires themselves. They writing books. Public officials all the I therefore, Mr. Speaker, urge adop- did not vote for a Congress that is en- way back to ancient Greece have writ- tion of this special rule. tangled with special interests or tied to ten books, including many esteemed Mr. Speaker, I reserve the balance of the powerful concerns of foreign cor- Members of this body. my time, perhaps for a colloquy with porations. But at the same time, no Member the minority whip. The American people did not vote to should be able to use the prestige of Mr. BONIOR. Mr. Speaker, I yield open the doors of Congress to the this office to cut a special deal. myself such time as I may consume. Power Rangers or the powers that be, No Member of Congress should be al- Mr. Speaker, last November, the but to the power of the average Amer- lowed to use this office—this public American people voted for change. ican. With this paltry package of re- trust—for personal gain. No Member of They sent a message to this House, a forms, the Republican Party has shown Congress should make a book deal in message of anger and frustration. that they just don’t get the message. one day that equals far more than the We, in our party, have heard that We are about to witness the biggest average American family earns in their message, the message of working fami- takeover by special interests in the entire lifetime. lies whose incomes are squeezed, work- history of the U.S. Congress, and this A one-third cap on royalties is rea- ing families who are tired of business so-called reform package does nothing sonable. It is more than generous. The as usual, who feel that no one speaks to stop it. This rules package is noth- public expects us to do no less. for them. ing more than a string of broken prom- We were not elected to this body to In the days and weeks and months ises. get rich; we’re here to do the people’s ahead, we, in the Democratic Party in- After the years of whining and com- business and that is a full time job. tend to be their voice. plaining on the Republican side about It is important today that we send When tax cuts are proposed, we in- the damages to democracy of closed the word out across America that we tend to make sure that it is working rules, what is the first thing they offer are serious about reform, that this H 12 CONGRESSIONAL RECORD — HOUSE January 4, 1995 Congress is not for sale, our offices are today, 8 of them in the contract for been promised for consideration by the not open to the highest bidder. America, 23 in title II, all of which are leadership in the past. A vote for the previous question and additional reforms to the existing 1993 I believe very strongly that this rule for this gag rule is a vote to shut out Democrat rules package that is here. is going to allow us to have free, fair, real reform. It is a vote to fling open Mr. Speaker, I yield such time as he and open debate on this extraordinarily the doors to special interests. It is a may consume to a very distinguished important issue, on this extraor- vote to continue the old order. member of the committee, the gen- dinarily important day. I say we have I urge my colleagues, especially tleman from California [Mr. DREIER]. got to get the job of congressional re- those of you for whom this is your very (Mr. DREIER asked and was given form completed and completed today, first vote, those of you who ran on the permission to revise and extend his re- so that we can do what the American promise of reform, do not side with the marks.) people are anticipating from us in the special interest. Let us open the door b 1450 next 100 days. to real reform. Vote no on the previous Mr. BONIOR. Mr. Speaker, I yield 21⁄2 question and let’s come back with a Mr. DREIER. I thank my friend, the rule that will allow us to ban gifts gentleman from Glens Falls, the soon minutes to the distinguished gen- from lobbyists and to limit the royal- to be chairman of the Committee on tleman from Texas [Mr. BRYANT]. ties of Members of Congress. Rules, for yielding me this time, Mr. (Mr. BRYANT of Texas asked and This House of Representatives is not Speaker. was given permission to revise and ex- for sale. Say no to gifts. Say no to ex- Let me just say that as I have lis- tend his remarks.) cessive book deals. Support an open tened to the words from my very dear Mr. BRYANT of Texas. Mr. Speaker, rule. friend, the gentleman from Mount I would say to the gentleman from Clemens, MI [Mr. BONIOR], who has de- California, [Mr. DREIER], he also stood b 1440 scribed this as a closed rule, I have to at that desk over there every single Mr. Speaker, I reserve the balance of say that it is absolutely preposterous day and he condemned closed rules as my time. to claim that what is clearly the most being a violation of the democratic Mr. SOLOMON. Mr. Speaker, let me open rule on an opening day in recent process, and he promised that if he yield myself such time as I might congressional history is closed. Now, in were in charge we would never again consume just briefly. the past we have regularly seen basi- see closed rules. Mr. Speaker, I would just like to cally a single up-or-down vote, but as And where are we today? The first point out to my good friend, the gen- Speaker GINGRICH said in his remarks day of the first session of Congress, tleman from Michigan [Mr. BONIOR], earlier, we are going to be today cast- when you are finally in charge, and the and he is a good friend and I have deep ing votes on eight different provisions, very first rule you bring to the House respect for him, but I believe, DAVID, providing Members with the oppor- that you were a member of the task tunity to look at virtually every aspect is a closed rule. Now I would just have force on the ethics bipartisan task of the preamble of our contract with to say to the gentlemen from Califor- force that allowed Members to take America. nia and New York, Mr. DREIER and Mr. book royalties from legitimate book As I listen to the arguments about a SOLOMON, it is a curious thing to see on firms back, what year was that, back closed rule here, I cannot help but the first day of the House these two in 1981 or 1982, I believe. 1989, it was think about the fact that nearly every gentlemen, who took up so much of our even more recent. single week during the second session time talking about closed rules, to be But let me just address this rule of the 103d Congress I stood right there the authors of a closed rule on the first business, because when Speaker GING- at that desk and asked the majority day of this Congress. RICH called me before him when we leader, the gentleman from Missouri It is indeed also curious that, after so were going to talk about the formation [Mr. GEPHARDT], or his representative, much talk about reform, that they of the new Committee on Rules, he in- the gentleman from Michigan [Mr. would bring to the House floor today a structed me, along with the other eight BONIOR], or the gentleman from Mary- set of rules that excludes any reference Republicans that will make up that land [Mr. HOYER], or another Member to reform of the process we have today committee to be as open and fair and when we could expect the congressional under which lobbyists are permitted to accountable as we possibly can. As the reform package to get to the House buy gifts, meals, and thinly disguised gentleman knows, in recent years floor. vacation trips for Members of Con- under the past two Speakers, we have Mr. Speaker, the response was regu- gress. gone to almost a totally structured larly ‘‘Well, we are hoping that we will I must say it is especially curious in- rule process, where Members on both be able to get it up first in early spring asmuch as in October the Speaker of sides of the aisle have literally been of 1994.’’ Then it was late spring, then the House, Mr. GINGRICH, was on ‘‘Meet gagged. The House was not allowed to early summer, then midsummer then the Press’’ saying, and I quote, ‘‘I am work its will. before we adjourned for August, and prepared to pass a bill that bans lobby- The gentleman knows that conserv- then after August it was before we ad- ists from dealing with Members of Con- ative Democrats on your side of the journed. As we all know very well, at gress in terms of gifts.’’ aisle complained bitterly about it, peo- the end of the 103d Congress, we got a Yet here we are on the first day, the ple like the gentleman from Min- little speck and nothing more than first opportunity to do it, and not only nesota, Tim Penny, and the gentleman that when we passed this rule calling is it not a part of the Republican pack- from Louisiana, BILL TAUZIN, and oth- for congressional compliance. age, we are prohibited from even offer- ers, because they were not allowed to It seems to me that as we look at offer amendments on this floor. this issue, this issue is a very impor- ing an amendment to the Republican package to prohibit lobbyists from Speaker GINGRICH has asked me to be tant one which we have struggled to as open and fair as we possible can, and get our friends who were formerly in buying gifts, free meals, and thinly dis- to reverse the fact that 70 percent of the majority to bring to the House guised vacations for Members of Con- all of the rules that came to this floor floor, and because of their recal- gress. last year were closed or structured or citrance on the issue of congressional They will not allow us to offer that restricted rules. He has asked us to try reform over the past 2 years, we are on amendment for a very simple reason, to make an open rule process the norm, the opening day bringing these reforms because they know that it would pass and not the exception. We are going to as expeditiously as we possibly can. overwhelmingly. do that. I am going to follow his in- Why? Because we have debated these The Speaker and his leadership allies structions. Now, at this point, let me throughout virtually every campaign. fought tooth and nail last year to kill yield to a Member who served on the On every measure that dealt with the the ban on gifts from lobbyists. They Speaker’s task force to reform this issue of congressional reform, I at- tried to keep the bill from being con- House. I had the privilege of serving tempted to defeat the previous ques- sidered in the House, and when that with him. We developed these kinds of tion, to make in order our congres- failed, they encouraged a Senate fili- reforms that we are offering here sional reform package, which again had buster which succeeded in killing it, January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 13 even though twice it passed the House margins and huge spending packages free meals and free trips and special of Representatives overwhelmingly and could slide through on a voice vote. privileges are over. They are angry and with a bipartisan majority. They said The excesses of Congresses past are we did hear their voices. We the Demo- they were against it because somehow well documented. On November 8, cratic Members heard their voices in or another it interfered with the grass- Americans sent a message. Well, Mr. November, and today we want to start roots lobbying. Speaker, message received. Limiting fresh and anew talking about reform. I have an amendment which we will the terms of committee chairmen, ban- But we need to go a lot further. If we bring up when this previous question is ning proxy voting, establishing truth want to send a real signal that we are defeated, which says that gifts will no in budgeting, reducing staff, opening really changing Washington, we need longer be permitted to be given to up and streamlining the committee to ban gifts from lobbyists and special Members of Congress in the forms of process, mandating recorded votes on interests. As Members of Congress, we meals, free trips, free costly golf vaca- spending bills, these changes today will should not be using public office for tions or anything else from members of make this a more responsive and re- private gain. We are here to make the lobby, from the lobbyists. sponsible House. By laying this ground- change, not to protect the old order. I urge the new Republican Members, work for a new beginning, we take the Let us begin by having an open debate. today you will decide whether you are first concrete steps toward earning What is wrong with amendments allow- in lock-step with this new Republican back the trust of the people that we ing us to raise the voice of the Amer- majority and the Speaker, or you are are here to serve. ican people? No more closed rules, no committed to the public. If you are I am pleased that this rules package more status quo. Let the American committed to the public, vote against includes a simple but important re- people realize that we are not for sale. quirement that Members wishing ac- the previous question. Let us do the Mr. SOLOMON. Mr. Speaker, I yield cess to classified material sign an oath public’s business today and prohibit myself such time as I may consume. of secrecy, a powerful change that lobbyists from giving gifts, free meals, I would just point out to the gentle- should increase Members’ awareness free vacations, free golf trips, and all woman, I know she is a freshman Mem- and accountability where national se- other manner of freebies to Members of ber, but in the last Congress, the 103d curity is at stake. the House of Representatives. At the same time, we are taking Congress, 70 percent of every rule that Mr. SOLOMON. Mr. Speaker, I yield major steps to bring sunshine into the came to this floor under Speaker Foley myself such time as I may consume. daily workings of this House’s business was a restricted, closed, or modified The gentleman from Texas men- and to ensure individual Members’ ac- rule. We are reversing that through tioned lockstep. Yes, we Republicans countability for all of their actions. All your order, sir, and we will have open are in lockstep. We are in lockstep around, this is a balanced of package of rules in this House. We will have open- with the message that was sent by the substantive change. ness, fairness, and accountability. American people on November 8, and It is not exclusive. There will be Mr. Speaker, I yield 2 minutes to the we are going to accomplish the things more, and I invite the distinguished gentleman from Georgia [Mr. LINDER], they asked us to do. gentleman from Texas [Mr. BRYANT] to the very distinguished new member of That means shrinking the size of this join me in sponsoring my bill that bans the Committee on Rules. Congress by one-third, eliminating 600 lobbyist-paid travel, if he wants fur- Mr. LINDER. Mr. Speaker, I thank jobs, and setting the example for what ther reform. This is the beginning step. the gentleman for yielding. we will do when we take up the 100 I urge all of my colleagues to join me I would like to point out that it is days Contract With America in which in support of these new rules today. It clear what the theme of the day is from we will shrink Government and we will is not the final thing, but it is the most your side and, that is, gifts from lobby- grow the private sector. That is what important thing we are going to do, be- ists and that is going to appeal not to we are laying the groundwork here cause it is going to show America we the people in this body but to the peo- today for. are serious about making the changes. ple watching this on C–SPAN. Mr. Speaker, I yield 21⁄2 minutes to Of course, there will be more oncom- It is worth noting that after 40 years the very distinguished member from ing. Today it is a good agenda. It is an of rule, including the last 2 when the Sanibel, FL [Mr. GOSS], a member of American agenda, and it is today’s Democrats had control of both the the Committee on Rules. agenda, so let us pass it. House and the Senate and also the (Mr. GOSS asked and was given per- Mr. BONIOR. Mr. Speaker, for pur- White House, that this should have mission to revise and extend his re- poses of debate only, I yield 1 minute been able to have been passed. But this marks.) to the gentlewoman from Texas [Ms. rule is not about gifts from lobbyists. Mr. GOSS. Mr. Speaker, I thank the SHEILA JACKSON-LEE]. That is a bill to come. This rule does very distinguished chairman of the Ms. JACKSON-LEE. Mr. Speaker, I not include amendments for campaign Committee on Rules, the gentleman am a proud new Member of the 104th finance reform or parking at Washing- from New York [Mr. SOLOMON], for Congress, and I want to speak just for ton National or indeed paid travel from yielding me this time. a moment to my fellow new Members, lobbyists. This rule has to do with It is the 4th of January, but it seems because we all campaigned for reform. process, process of how Congress acts, like the 4th of July, to me. It is Inde- I urge you, do not get cold feet. the committees, the staffs, the way we pendence Day. It is Independence Day I come armed with the Constitution budget. We will deal with those issues in this House, as we begin to set our- of the United States of America that at a later date in separate bills. We selves free from the shackles of what says ‘‘We, the people of the United have done that in the past. We have co- America knows is the status quo, busi- States, in order to form a more perfect operated in trying to get campaign fi- ness as usual. Union,’’ among other things, ‘‘secure nance reform to the floor, in trying to I hardly need to remind my col- the blessings of liberty to ourselves get lobbying reform to this House, all leagues about the Dark Ages, when and our posterity,’’ not to Congress, in stand-alone, individual bills. Let us committee chairmen zealously perpet- not to individual congressional Mem- be honest about it. uated their turfs; when Members bers, but the people want for them- We understand your point of view in missed committee meetings because selves the right to live and the right to the minority, trying to distract Ameri- votes were taken by proxy; when com- know that their Congress is not owned cans’ attention from the issue of the mittee meetings could be held in the and bought. day, which is passing a rule by which dead of the night behind closed doors, we live for the next 2 years. This rule b sometimes locked closed doors, locked 1500 deals with process, how Congress con- to the minority; when Members could The American people want reform, ducts itself. Let us contain our com- come to this floor and apparently not phony reform but real reform. ments to that point. wilfully disclose classified information They want to know that the ties of spe- Mr. BONIOR. Mr. Speaker, I yield 11⁄2 without admonition; when large tax cial interests are now really broken. minutes to the gentleman from Texas bills could pass on the slimmest of They want to know that the days of [Mr. DOGGETT]. H 14 CONGRESSIONAL RECORD — HOUSE January 4, 1995 (Mr. DOGGETT asked and was given on eight separate reforms including a Support real change. Open the rule permission to revise and extend his re- reduction of committee staff by one- and support a gift ban. marks.) third, requiring that committee meet- Mr. DREIER. Mr. Speaker, I reserve Mr. DOGGETT. Mr. Speaker, like our ings be open to the public and requir- the balance of my time. Republican colleagues as a new Mem- ing that members of committees be Mr. BONIOR. Mr. Speaker, for pur- ber of this Congress, I came seeking present for votes in their committees. poses of debate only, I yield 1 minute constructive change, and of that This new openness in the committee to the gentleman from Illinois [Mr. change I was most eager to join with process is important because it is the DURBIN]. our Republican colleagues the concept first step in establishing the account- Mr. DURBIN. Mr. Speaker, there is a of opening this House. ability that the American people are reason why the Republicans oppose the Yet at this first opportunity for demanding of the Congress. The most Democratic rules change in this closed change, this Republican rules package important decisions on legislation are rule. Our rules change makes every fails. I do not know what they call a often made during committee delibera- rules change proposed by the Repub- rule in California or New York where tions. Members of committees become licans today pale in comparison. Theirs you get no amendment and no alter- experts in the areas of the committee’s are plastic and papier mache. Ours native, but in Texas we call that closed jurisdiction and other Members rely on have the hard steel of real change be- government. their judgment. cause they address the key issue of the You propose two completely closed One of the most important reforms integrity of Congress. rules, two rules that do not allow one we are voting on today is the ban of Today as we speak on this floor with new Member, one old Member, one Re- proxy voting in committees. Proxy vot- a few Members, so many others are en- publican, one Democrat to offer any ing allows another Member to cast a joying this wonderful first day of serv- amendment to this package. More than vote on legislation for a Member who is ice in Congress. They came here prom- that, you have done what is unprece- absent. Of the 22 standing committees ising to represent their districts, not dented perhaps in the history of this in the last Congress, only 4 banned ab- the special interests. Our rules change country, and that is to provide a closed sentee voting. I am a member of the addresses that straightforwardly. It rule within a bill that is brought up Appropriations Committee which has prohibits and limits any gifts from lob- under a closed rule. never allowed the use of proxy voting. byists and special interest groups so This is not open government. This is All Members should be present to vote that new Members and old Members not reform. It is more closed govern- on issues before the committee. alike will not be ensnared in these spe- ment as usual. This is barring the door, Accountability to the American pub- cial interest tangles. And equally im- slamming the door shut and actually lic begins in the committee system by portant, Mr. Speaker, it closes or at then barring that door for people to Members being present for meetings least restricts a dangerous loophole. participate in the process of democ- and votes, and those meetings being By the rules of the House I cannot go racy. open to the public. We must assure all out and give a speech and earn one dol- It was only a few months ago that of our constituents of the seriousness lar. But I can go out, and in the name the distinguished gentleman from Cali- with which we approach our work of of writing a book, supposedly earn le- fornia [Mr. DREIER] suggested that deliberating the issues of importance gally millions of dollars. That kind of when a closed rule is foisted on this to our country. Only then can the in- ridiculous loophole puts this House in House, the Members are denied the op- tegrity of the Congress be reestab- jeopardy and every Member of it. portunity to represent their constitu- lished. I would suggest that we stick with ents. That is no less true today. Today’s action can be defined in five the Democratic changes and defeat the You have said that this is a new words: ‘‘Accountability in the People’s previous question. chapter in the history of this House, House.’’ Mr. DREIER. Mr. Speaker, I am but you have made it an edited, indeed Mr. BONIOR. Mr. Speaker, for pur- happy to yield 1 minute to a very dis- a censored chapter. You have said you poses of debate only, I yield 1 minute tinguished new Member, the gentleman have changed the course of business in to the distinguished gentlewoman from from South Carolina [Mr. GRAHAM]. this House, but I would submit, to use Connecticut [Ms. DELAURO]. (Mr. GRAHAM asked and was given the words of the distinguished gen- Ms. DELAURO. Mr. Speaker, I rise to permission to revise and extend his re- tleman from New York, that it is mere- voice my opposition to the closed rule marks.) ly shortchange. on the Republican rules package. This Mr. GRAHAM. Mr. Speaker, I came Mr. SOLOMON. Mr. Speaker, I yield package contains many important re- from South Carolina, a State that a myself such time as I may consume, forms that I support, but it does not few years ago sent about 18 people to just to say to Members on that side of contain the most crucial reform, a ban jail because they took shirts, they took the aisle how refreshing it is now to see on gifts from lobbyists. The gift ban is shoes, they took golf trips, and they Members from the Democratic Party central to our ability to break the bond sold their vote. If Members want to re- standing up and fighting for those mi- between the special interests and the form me, I challenge them to do so. nority rights that we fought for for 40 Congress. That is what the public But everything in its time. For 40 years on this floor. We welcome you clamored for, separate special interests years Democrats have had control of into this debate and we are going to from the institution of the Congress. this body to do that. open up this House today. The Democratic proposal would ban What the American people need to Mr. Speaker, I yield 2 minutes to the all gifts to Members of Congress. It know, and what I want constituents to distinguished gentleman from Ohio bans meals, entertainment, and travel. know at home is what we are talking [Mr. REGULA], one of the senior Mem- It says no more business as usual. about doing the first day is to change bers of this House. On this first day of the 104th Con- the way this institution operates. (Mr. REGULA asked and was given gress when so many hopes are pinned NEWT GINGRICH, the new Speaker of the permission to revise and extend his re- on people reclaiming their Govern- House, has done something that no marks.) ment, it is tie to end the special inter- Speaker of the House has ever done in Mr. REGULA. Mr. Speaker, today is ests’ influence over Congress. It is time this body, Republican or Democrat. He truly a momentous occasion. After to say no. No to dinners, no to golf jun- has instituted a measure to limit his serving in the minority for 11 terms, kets, no to the old style perks and own term as Speaker. I congratulate new and historic horizons are being privileges. The only privilege we need him for doing that. Leadership and re- opened as Republicans become the ma- is the privilege to serve in this body. form begins at the top, and that is jority party in the House of Represent- The new Republican majority claims what he has demonstrated, and on be- atives for the first time in 40 years. that they are leading a revolution to half of the freshman class we thank We are beginning the first day of the reform this institution. That is what him for doing something other than 104th Congress with a full schedule of they told the American public. But talk. much-needed internal reforms in the keeping closed rules, protecting perks Also in this rule is a provision that House of Representatives. We will vote and privileges is just more hypocrisy. would limit committee chairmen to January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 15 serve 6 years. If we want to change the gift rule ban last Congress and it up as part of the loyal opposition when America, that is a great place to start, was killed in the other body by the Re- I believe pomposity, audacity and du- and that is what we are talking about publican Party. plicity confront us. today, changing this institution to I also would like to refresh my No party or person has an exclusive breathe new life into it. friend’s memory and suggest to him on such things as family values and Mr. Speaker, ideas do matter, and that we did pass campaign finance re- personal responsibility. Those are they are going to have a new day. form and it was killed also by Repub- standards I absolutely hold dear. And Mr. BONIOR. Mr. Speaker, for pur- licans. no party or person should be able to poses of debate only, I yield 1 minute Mr. HOKE. Mr. Speaker, will the gen- take the right to speak and participate to the gentleman from New York [Mr. tleman yield? from any of us. Too many have sac- LAFALCE]. Mr. BONIOR. I will not yield at this rificed for that precious liberty. We all, Mr. LAFALCE. Mr. Speaker, approxi- point. I would yield in a second to my 435 Representatives, have a contract mately 1 hour ago you addressed every friend using his time. with America. Let no one forget. Member of this body and the House, So we have complied with the wishes Mr. DREIER. Mr. Speaker, as we con- you addressed the entire United States of the American people on two basic, tinue with this freest and most open of America and you said this is the fundamental reforms which is banning debate in congressional history, I yield 104th Congress. Think of it, 208 years. gifts and reducing the influence of out- 2 minutes to my friend, the gentleman For 208 years, Mr. Speaker, we have ex- side interests in campaign reform. We from Greensboro, NC [Mr. COBLE]. isted under the rule of the majority. passed them in this House not very b Two hundred eight years ago, Mr. long ago, a few months ago, sent them 1520 Speaker, as a student of history you over to the Senate and they were killed Mr. COBLE. I thank the gentleman know that the Constitutional Conven- by Republicans. from Claremont, CA, for having yielded tion adopted the Constitution rejecting Mr. Speaker, I yield 11⁄2 minutes to me this time. the Articles of Confederation that have the gentlewoman from North Carolina Reform the House? We Republicans a super majority requirement. By a [Mrs. CLAYTON]. have previously engaged in this exer- rules change, with no committee hear- Mr. DREIER. Mr. Speaker, I yield 5 cise of attempting to reduce the num- ings, with only 20 minutes of debate, seconds to the gentlewoman from ber of staff positions and the number of you want to strike a blow at the most North Carolina [Mrs. CLAYTON]. committees. So this is not a case of fundamental tenet of constitutional Mrs. CLAYTON. Mr. Speaker, I rise first impression. principle: rule of the majority, and re- in support of congressional reform and But each time we proposed these re- vert to the Articles of Confederation. in support of several parts of the pro- ductions, they fell upon deaf ears, and Mr. Speaker, how can you do this on posed rules package. No Member in this the Democrat leadership rejected our the first day of your tenure in office? Chamber has a premium on what’s best attempts to streamline the Congress, Mr. DREIER. Mr. Speaker, I yield 2 for this Nation. We all have a contract and in so doing serve as better stew- minutes to my friend, the gentleman with America. ards for taxpayers. from Cleveland, OH [Mr. HOKE]. The contract to which each Member During this session, pending passage Mr. HOKE. Mr. Speaker, I thank the is bound, is to work in the best inter- of this proposal today, there will be 25 gentleman for yielding me the time. ests of the American people. fewer subcommittees, 3 fewer standing Mr. Speaker, it is hard not to be On election day, we offered our serv- committees. This will save taxpayers somewhat amused by the shenanigans ices to this great country, and voters hundreds of thousands of dollars. that are going on on the floor right from Rocky Mount, NC, to the Silicone I am advised that we have eliminated now when we are being told that we are Valley of California, accepted our offer. 80 positions on one committee alone. I completely shackling the rights of the We all have a contract with America. am not uncaring nor insensitive about minority by not allowing them to have That contract involves being open to this result, but these positions should the central reform that should be in the challenge of change. I will vote for never have been created in the first this rules package; that is, the gift and several of the reforms offered in this place. In applying retroactive psychol- lobby reform. rules package. However, I will vote ogy, Mr. Speaker, if our Democrat It has to be pointed out that for 40 against those proposals that are con- leadership friends had accepted our years Democrats have had the oppor- sidered dangerous to the stability of previous proposals which would have tunity to pass this fundamental gift the American people or undermine the saved taxpayers millions of dollars, we and lobby reform, and yet they have Constitution of this country. Republicans may not be in the major- not been able to do it in a timely way We must get beyond partisan politics ity today. that got through both the House and and move to the high ground of prin- But in this town, pride of authorship the Senate and was signed into law. ciple—serving all Americans. is jealously guarded, and many people For them now to claim that somehow, But, real reform must include an end are reluctant to permit any good somehow this is preventing them from to gag rules. There are important change unless they can claim the cred- doing this when they know sub- amendments that would be offered, it therefor. stantively we will get to this later, the amendments designed to improve and Today we Republicans again are of- question I have is why did they choose perfect this rules package, but Mem- fering proposals of change which we the gift and lobby reform as opposed to bers are muzzled because the majority have previously attempted to no avail. fundamental campaign finance reform, has insisted on a closed rule for this de- On this day, Mr. Speaker, we will, in- that is the elimination of special inter- bate. deed, prevail. est contributions, They know and I No Member can offer an amendment Mr. BONIOR. Mr. Speaker, I yield 1 know that about $250,000 plus goes into such as the gift ban. That is an issue minute to the distinguished gentleman every single incumbent’s campaign on that we debated and supported last from New Mexico [Mr. RICHARDSON]. a cyclical basis. That is real influence Congress. As I am informed, the gift Mr. RICHARDSON. Mr. Speaker, the that is being purchased by special in- ban we passed would have included roy- American people sent us a message in terest groups, and yet there is only one alties from books. If we are to be lead- November. They want less government, group, one group in the entire Con- ers, we must also lead in following the less bureaucracy, more ethics, and gress, not the House Republicans, not rules under which we are governed. In more accountability. They did not vote the Senate Democrats, not the Senate this House, we have resolved that no for arrogant government, and they did Republicans that do not want to limit Member should be enriched beyond not vote for coronations of any one that genuine purchasing of influence, what the people pay. That resolve party or individual. and that group is the House Democrats. should not end with the Speaker, it This rule is a gag rule, no amend- Mr. BONIOR. Mr. Speaker, I yield should begin with him. ments to the Republican rules package. myself such time as I may consume. I will support those thoughtful re- While the Speaker’s first statement Mr. Speaker, let me refresh my friend forms that have been offered by the was gracious, the first act of this new from Cleveland’s memory. We did pass majority. But, I will continue to stand Republican majority is not about re- H 16 CONGRESSIONAL RECORD — HOUSE January 4, 1995 form. It is about congressional retreat. can do so by banning gifts and by re- level of reform to this body than it has For all of their talk about reforming stricting the benefits from lobbyists experienced in generations. the old guard, Republicans today are and by restricting the benefits one can I am amused by some of the rhetoric doing something that probably no receive from our writings as we do now here and chagrined really at what I other Congress in history has ever from our speeches. consider to be the nitpicking. It ill done. They have proposed a closed rule The American people sent us a mes- serves you, I think, to be so petty in within a bill brought up under a closed sage in November. They said they your quibbling when we are bringing rule. wanted personal accountability. They about major reform to this body. Mr. Speaker, let us have openness certainly do not wish for us to enrich Mr. BONIOR. Well, with all due re- and accountability. ourselves as we serve them. spect to my friend—and he is my Mr. DREIER. Mr. Speaker, as we con- Let us seize this opportunity to clean friend—the gentleman from Missouri, tinue with the most open and free de- up this huge ethical loophole and truly breaking the ban and the link between bate in the history of congressional reform congressional activities on this lobbyists and lawyers and the power in history on any opening day, I yield 2 first open day of the debate of the 104th this town in this institution we do not minutes to my very good friend, the Congress. consider as petty. gentleman from Glenwood Springs, CO Mr. BONIOR. Mr. Speaker, I yield 1 Mr. Speaker, I yield 1 minute to the [Mr. MCINNIS], a new member of the minute to the distinguished gentleman gentleman from West Virginia [Mr. Committee on Rules. from California [Mr. MILLER]. WISE]. Mr. MCINNIS. Mr. Speaker, I thank Mr. MILLER of California. Mr. Mr. WISE. Mr. Speaker, if the debate the gentleman from California for Speaker, Members of the House, as a is free, and truly free, then why cannot yielding me this time. Member of this House on the Demo- we offer significant amendments for re- Mr. Speaker, you know, we are talk- cratic side of the aisle who for 20 years form? ing about today new management ver- never brought a bill to the floor under Here is a list of what we can vote for; sus old management, and it is often a closed rule, I am sure that I speak there is not a list of what we cannot tough for old management to get used with credibility that this change is vote for, because you will not permit to the new management ideas. So what supposed to be about opening up this us to offer certain amendments, and I you have to do on the old management debate, and in fact that has not hap- offer this observation. side of the aisle, you have to take a pened. But today there is no longer an op- look and say, ‘‘How are we going to de- The test is not whether this is more portunity for Members to fully partici- bate these rascals over there that want open than what we did on opening day. pate in offering amendments to reform new management, that want account- The test is whether or not this rule is the House as it should be reformed. ability to the American people? How open or closed, and this rule is, in fact, Students of history should note BOB can we explain the fact we have al- closed. WISE did not say this, the distinguished lowed ghost voting, that we have had What is your fear of having an open chairman of the Committee on Rules, poor management for 40 years, allowed rule on congressional reform? That we the gentleman from New York [Mr. misleading budget information, al- would overreform the House of Rep- SOLOMON] said that on opening day of lowed mostly closed rules, 70 percent resentatives? Hard to conceived of 1991. last year? How can we explain to the that. What is your fear of having an Why is it that those who say they American people there is no sunshine open rule when you in fact have the want change—and we all want change— law in Congress? How can we explain votes to beat down any amendment will not permit us to bring to this floor these things so those rascals under the that you do not like? What is your fear, a ban on gifts from lobbyists, a ban on new management do not disclose the that we would overreform? I do not dinners from lobbyists? Is this some- problems the American people recog- think so. thing radical? It has passed the House nized this last November?’’ The way Your fear is we would offer what is twice before. Why can we not bring to you do it is you bring in distraction. not in here. The point is this: It is what the floor the amendment to limit roy- You do not talk about the positive ele- you do not put in these rules that dis- alties and address another area of con- ments of this rule, which are manyfold, turbs us and disturbs the American cern to the House? If you want change, elimination of committee staff, no public, and that is breaking the link then you have to vote for it. If you more ghost voting, no more false budg- between lawyers, lobbyists, money, and want change, then you have to work et numbers. You have got to bring in legislators, ending the gifts that can be for it. If you want change, then you distraction. given to legislators and recognizing have to let true change flourish, and So let us talk about gifts. I guess if it when the freshman Members took the you have to let us offer these amend- was your rule change maybe we ought oath here today, they were given a vot- ments. to talk about inherited money and see ing card, not a right to receive gifts to This is not true change, this is not if we have the same kind of merits. NFL games, to lunches and to dinners. reform that you are doing. You said Do not distract us. Work for improve- Mr. DREIER. Mr. Speaker, as we con- you wanted open rules; make them ment. Work for progress. Join the new tinue with debate on the most open, open. management. open reform package that has come to Mr. DREIER. Mr. Speaker, as we con- ANNOUNCEMENT BY THE SPEAKER this floor on an opening day, I yield 30 tinue debate under the most open proc- The SPEAKER. There are to be no seconds to a very hard-working mem- ess in congressional history, I yield 11⁄2 demonstrations in the gallery. Those in ber of the Joint Committee on the Or- minutes to my friend, the gentleman the gallery are here as guests of the ganization of Congress, my friend and from Roanoke, VA [Mr. GOODLATTE]. House. classmate, the gentleman from Cape Mr. GOODLATTE. I thank the gen- Mr. BONIOR. Mr. Speaker, I yield 1 Girardeau, MO [Mr. EMERSON]. tleman for yielding. minute to the gentleman from Florida (Mr. EMERSON asked and was given Mr. Speaker, this is a new day in the [Mr. PETERSON]. permission to revise and extend his re- people’s House, and a new day calls for Mr. PETERSON of Florida. Mr. marks.) new rules, and we are going to deliver Speaker, I thank the gentleman for Mr. EMERSON. Mr. Speaker, I thank those today. yielding me this time. the gentleman for yielding me this Let me say to our friends on the Mr. Speaker, I rise in opposition to time. other side of the aisle who are claiming this closed rule. You know, I have been somewhat our reforms today do not go far I agree with many of the reforms, but amused sitting here listening to our enough, for 40 years you ran this place there are many, many opportunities colleagues on the minority side talking behind closed doors, keeping every for us to perfect this package. We are about open rules. I hope members of perk, privilege, and partisan advan- passing up an opportunity to close for- the American public know that we are tage. Now, suddenly, you are trying to ever the huge ethical loophole in con- in the process of reforming the Rules of tell the American people you have now gressional activities, the potential for the House of Representatives here become reformers. Well, I realize ev- compromise by special interests. We today, that are going to bring a higher eryone should have ambitious New January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 17 Year’s resolutions, but this one is just My colleague from Florida on the Mr. DREIER. Mr. Speaker, as we con- too hard to swallow. Today, despite the other side of the aisle talked about tinue with the most open debate in resistance from the minority party, we seizing the opportunity. He agrees with congressional history on opening day, I are going to bring more reform to the a lot of the reforms that we are going yield 11⁄2 minutes to the chairman House in 12 hours than the other party to present here shortly, but he is com- emeritus of the Committee on Rules, brought in 40 years of iron-fisted rule. plaining about the parliamentary pro- my friend the gentleman from Kings- We are wiping out three full standing cedure. So I say to him why did he not, port, TN [Mr. QUILLEN]. committees and over 20 subcommit- he and his party, bring all of these for- (Mr. QUILLEN asked and was given tees; we are slashing bloated commit- ward during the last 40 years? Let us permission to revise and extend his re- tee staffs, imposing term limits on the take this opportunity to look at one of marks.) Speaker and committee chairmen and these, the Congressional Accountabil- Mr. QUILLEN. Mr. Speaker, I thank eliminating proxy voting. ity Act, that we are going to pass here the gentleman for yielding me this Finally, we are going to start making on opening day. time. I have been a member of the Congress live by the laws that Amer- What we are saying is that it will not House for 32 years and a member of the ican businesses and families live by. I be business as usual around here, and Rules Committee for 30 of those years, think I can speak for many Americans we intend to make Congress operate in always in the minority until now. I when I say it is about time. a more fair and open manner. have probably spoken out on the House Thomas Jefferson said, ‘‘When a man ANNOUNCEMENT BY THE SPEAKER floor against closed rules more times assumes public trust, he should con- than any other Member of this body. The SPEAKER. The gallery will not sider himself as public property.’’ By participate in the proceedings of the But even as a member of the minor- enacting this new set of rules for the ity, I have always believed that there House. The gallery may watch as House, we are stating unequivocally we guests of the House. were certain issues such as this that believe in practicing what we preach. should be decided under a restricted or Mr. BONIOR. Mr. Speaker, I yield We must continue providing the bold myself such time as I may consume. closed rule. To the best of my recollec- and decisive leadership that brought us tion, the resolutions establishing the Mr. Speaker, I am sorry that the gen- to this moment here in history. tleman who just spoke could not join rules of the House have been considered I urge my colleague from Florida who under a completely closed rule—with a us today, as he was one who in fact did talked about seizing the opportunity: vote on the gift ban in the last Con- straight up or down vote. This rule will Let us move forward. allow Members the opportunity to vote gress when the issue was before us. I Mr. BONIOR. Mr. Speaker, I yield on nine separate portions of the rules am sorry he did not join us today, when myself such time as I may consume, package. This is certainly a much more this party in fact has real power but I just to answer my friend the gentleman open process than any that I have seen guess that is not in the cards. from Florida [Mr. STEARNS]. He raised in my 32 years. Mr. Speaker, for purposes of debate the issue why did we not do this be- I think the minority should appre- only, I yield 1 minute to the distin- fore? In fact, we did the very reform ciate that the Republican majority guished gentleman from Pennsylvania that the gentleman from Florida spoke chose to open up consideration of this [Mr. MASCARA]. about, and that was congressional ac- rules package instead of following the Mr. MASCARA. I thank the gen- countability. traditional closed process that the tleman from Michigan for yielding to We authored the legislation, we me. passed it in this body. It was killed by Democrats embraced and promoted Mr. Speaker, I too am proud to be a the Republicans in the other body. We when they controlled the House. Member of the 104th Congress. Like cane back, incorporated it in a rule Mr. BONIOR. Mr. Speaker, I have one many of my new colleagues, I cam- which was governable for the rest of speaker remaining. paigned on the issue of reform. I want the session. b 1540 to urge other Members to not get cold So, to suggest to this Chamber and to feet now. the folks who are listening that we did Mr. DREIER. Mr. Speaker, I yield 30 Our task today is very simple: It is to not do that is just not the case. seconds to the gentleman from Omaha, prove to the American people that we Mr. Speaker, for purposes of debate NE [Mr. CHRISTENSEN], a new Member care more about the public interest only, I yield 1 minute to the gentleman who has joined us. than we do about the special interests; from California [Mr. BECERRA]. (Mr. CHRISTENSEN asked and was it is to provide that Congress is not for (Mr. BECERRA asked and was given given permission to revise and extend sale. permission to revise and extend his re- his remarks.) Mr. Speaker, we are not royalty and, marks.) Mr. CHRISTENSEN. Mr. Speaker, as therefore, we do not need gifts. We do Mr. BECERRA. Mr. Speaker and a new Member of the Republican ma- not need free trips or free meals or spe- Members, I do not think this is a de- jority, I look forward to working with cial privileges. We are stewards of the bate about whether this is the most my colleagues in the Democrat Party public trust. Our constituents elected open of open rules or closed rules in the to make sure that these reforms come us to work hard, to make tough deci- history of this Congress, because it is a to place, but we have to remember that sions, and to stand up for what is right. completely closed rule. the American people sent us to do As Members of Congress, we rep- If I had in my hand today an amend- change. They sent us here to send a resent the public interest, not private ment to try to preserve for us the right message and to make sure that the profits. to ban the gifts from lobbyists, I would opening day activities included in the We are here to make change, not to not be able to do that right now. So let Contract With America were enacted, protect the old order. Let us begin by me quote to you some words that I and that is making Congress live under having a open debate about the real think are most eloquently stated, back the same laws that the rest of the needs of our constituents. No more in May 25, 1993, ‘‘With closed rules, American people have to live under. closed rules, no more status quo. voices all across America are silenced. That is cutting one out of every three Mr. DREIER. Mr. Speaker, as we pro- Republicans want the people to have congressional staffers, and that is look- ceed with the most open debate in con- choices, and that can only be done by ing at an audit and getting that start- gressional history, I would like to yield having open rules.’’ Those very elo- ed. 1 minute to my friend, the gentleman quent words were uttered by our new What I ask is: ‘‘Let’s get to the busi- from Ocala, FL [Mr. STEARNS]. Speaker, Mr. NEWT GINGRICH. ness the American people sent us here Mr. STEARNS. I thank the gen- I would urge all of my colleagues in to do, and that’s the Contract With tleman. this House to recognize the words ut- America.’’ Good afternoon, Mr. Speaker—it is a tered by our new Speaker, that we Mr. DREIER. Mr. Speaker, I yield 1 wonderful afternoon. should have open rules. This is a closed minute to the gentleman from Miami, I thank my colleague from Califor- rule, it is not a good way to start this FL [Mr. DIAZ-BALART], a new member nia. first year of this new Congress. of the Committee on Rules. H 18 CONGRESSIONAL RECORD — HOUSE January 4, 1995

Mr. DIAZ-BALART. Mr. Speaker, I the House. And that is why Democrats Speaker GINGRICH has called for, and it admit that there are great parliamen- fought for even tougher reforms, such is exactly what we are creating. tary debaters on the other side of the as a bill to curb the influence of lobby- Now, over the past 2 years I had the aisle. Accordingly, I submit that they ists, which the Republicans defeated. privilege, mostly during calendar year must do much better than this, to di- The Republican reforms are all well 1993, to work with my friends, the gen- vert the attention of the American peo- and good—but they simply do not go tleman from New York [Mr. SOLOMON], ple from what we are doing today. far enough. They are a handful of pro- the gentleman from Pennsylvania [Mr. What we are doing today is requiring cedural and administrative changes WALKER], the gentleman from Missouri all laws that apply to the rest of the here in the House. Many of them are [Mr. EMERSON], the gentleman from country to apply to Congress. We are positive. Many of them deserve wide, Colorado [Mr. ALLARD], the gentle- cutting the number of committee staff bipartisan support—and they will have woman from Washington [Ms. DUNN] as by a third. We are limiting the terms of it. Republican members of the Joint Com- committee chairs and subcommittee But they do not touch the real prob- mittee on the Organization of Con- chairmanships to 6 years. We are ban- lem: the rampant hand of special inter- gress. We were charged with dealing ning the scandalous practice, scandal- ests here on Capitol Hill. with major reform in this institution. ous practice, called proxy voting where If the Republicans were serious about Reform in this institution is going to Members did not have to go to a com- attacking special interests, why would help working Americans because we mittee, and then the chairman, even if they fight the Democratic proposal to they did not have anybody there, did ban gifts from lobbyists? are, by nearly 25 percent, reducing the not have any of the Democrats there, Do we want to go along and get number of committees in this place so they would ultimately win because he along, by rubber-stamping this closed we do not have 109 committees and sub- had the proxies of all the Members rule? Or do we want to rein in the spe- committees with jurisdiction over the here, truly scandalous, profoundly un- cial interests by defeating the rule, and Pentagon, 52 subcommittees and full democratic, conduct. That is what we having a real debate about reform? committees with jurisdiction over pro- are banning today. That is what we are I urge the latter course. But at the grams dealing with children and fami- doing in these rules. same time, we must all recognize a lies, and 92 subcommittees and com- And what the Democrats now are broader point. mittees dealing with the Environ- saying is, ‘‘Ah.’’ They are using the All of this Republican talk of re- mental Protection Agency. We are cre- parliamentary tactic of there is the form—as necessary as it may be, and as ating an institution that is more ac- Christmas gift for all children in the productive as it may be—is ultimately countable. world is missing from this rules pack- a distraction from the real job at hand. Unfortunately, Mr. Speaker, the ma- age. It is not going to work. That is not Improving the lives of the hard-work- jority in years past has prevented us going to divert the attention of the ing, middle-class families who have from having the opportunity to even American people from what we are seen their incomes erode, and their consider those things. On this opening doing today, and they are going to standard of living slide, for 15 painful day we are doing it. We are doing it know what we are doing, they deserve years. under the most open process in the his- what we are doing, and we are going to No one should pretend that these tory of this institution, and I thank my do it today. narrow procedural changes will do any- friends for joining with us. Mr. BONIOR. Mr. Speaker, I yield the thing to raise incomes, to restore eco- Mr. Speaker, I yield back the balance balance of my time to the distin- nomic security, to revive hope and of my time, and I move the previous guished minority leader, the gen- faith in America’s future. question on the resolution. tleman from Missouri [Mr. GEPHARDT]. And for that matter, no one should The SPEAKER. The question is on The SPEAKER. The gentleman from pretend that the Contract With Amer- ordering the previous question. Missouri [Mr. GEPHARDT] is recognized ica, with its huge tax cuts for the The question was taken; and the for 41⁄4 minutes. wealthy, and inevitable explosion of Speaker announced that the ayes ap- (Mr. GEPHARDT asked and was the Federal deficit—will improve peo- peared to have it. given permission to revise and extend ple’s lives, either. Mr. BONIOR. Mr. Speaker, on that I his remarks.) Come back to my district in St. demand the yeas and nays. Mr. GEPHARDT. Mr. Speaker, I rise Louis. Meet some of the families where to urge every Member of the House to the husband works during the day, the The yeas and nays were ordered. vote ‘‘no’’ on the previous question and wife works at night, and they barely ANNOUNCEMENT BY THE SPEAKER ‘‘yes’’ on the motion to commit. ever see each other. Meet some of the The SPEAKER. The Chair wishes to The Republican leadership would families that have given up every enunciate a clear policy with respect to have us believe that they can pass minute of family time working two, the conduct of electronic votes. eight or nine bills in a flurry of legisla- three, even four jobs—and still cannot As Members are aware, clause 5 of tive accomplishment and debate. make ends meet. rule XV provides that Members shall In fact, there can be no debate; there Then ask yourself whether some new have not less than 15 minutes in which can be no discussion; there can be no procedural change can make a dif- to answer an ordinary rollcall vote or effort to amend, or strengthen, or truly ference in their lives. quorum call. The rule obviously estab- consider any of their proposals. My colleagues, I urge you to vote lishes 15 minutes as a minimum. Still, This is what we call a closed rule. ‘‘no’’ on the previous question, and with the cooperation of the Members, a That means that unless you support vote ‘‘yes’’ on the motion to commit, vote can easily be completed in that every dot and comma in the Repub- so we can have serious congressional lican agenda, it is a closed discussion. reform. And then let us get down to the time. On occasion, the Chair has an- And as far as serious public policy is real business of the people. nounced, and then strictly enforced, a concerned, it is a closed door. Mr. DREIER. Mr. Speaker, I yield policy of closing electronic votes as That is a tragedy, because the Amer- myself the balance of my time. soon as possible after the guaranteed ican people deserve more than rubber- The SPEAKER. The gentleman from period of 15 minutes. Members appre- stamp Republicanism. California [Mr. DREIER] is recognized ciated and cooperated with the Chair’s That is why we must reject this rule, for 1 minute. enforcement of the policy on that occa- and open the crucial issue of congres- Mr. DREIER. Mr. Speaker, let me say sion. sional reform to discussion and im- with all due respect to my colleagues The Chair desires that those exam- provement. that I have never heard such prepos- ples be made the regular practice of The fact is, Democrats do not want terous arguments in my entire 14 years the House. To that end, the Chair en- to defeat this rules package. We want as a Member of this House, and let me lists the assistance of all Members in real reform. That is why many of the say that this clearly is the most open avoiding the unnecessary loss of time proposals being made today—such as debate that we have ever experienced in conducting the business of the making Congress abide by the laws it on opening day in the history of the House. The Chair encourages all Mem- writes—have already been passed by U.S. Congress. It is exactly what bers to depart for the Chamber prompt- January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 19 ly upon the appropriate bell and light Shuster Tate Weldon (FL) The SPEAKER. The Clerk will report Skeen Tauzin Weldon (PA) signal. As in recent Congresses, the Smith (MI) Taylor (NC) Weller the motion to commit. cloakrooms should not forward to the Smith (NJ) Thomas White The Clerk read as follows: Chair requests to hold a vote by elec- Smith (TX) Thornberry Whitfield H. RES. — tronic device, but should simply ap- Smith (WA) Tiahrt Wicker Solomon Torkildsen Wolf Mr. BONIOR moves to commit the resolu- prise inquiring Members of the time re- Souder Upton Young (AK) tion H.Res. to a select committee composed maining on the voting clock. Spence Vucanovich Young (FL) of the Majority Leader and the Minority Although no occupant of the chair Stearns Waldholtz Zeliff Leader with instructions to report back the would prevent a Member who is in the Stockman Walker Zimmer same to the House forthwith with only the Stump Walsh following amendment: well of the Chamber before the an- Talent Wamp nouncement of the result from casting Strike all after the resolving clause and in- NAYS—199 sert: his or her vote, each occupant of the That upon the adoption of this resolution chair will have the full support of the Abercrombie Gordon Owens Ackerman Green Pallone it shall be in order to consider in the House Speaker in striving to close each elec- Andrews Gutierrez Parker the resolution (H.Res. ) adopting the Rules tronic vote at the earliest opportunity. Baesler Hall (OH) Pastor of the House of Representatives for the One Members should not rely on signals re- Baldacci Hamilton Payne (NJ) Hundred Fourth Congress, [captioned Com- layed from outside the Chamber to as- Barcia Harman Payne (VA) mittee Print on H.Res. , bearing the date of Barrett (WI) Hastings (FL) Pelosi January 4, 1995], as modified by the amend- sume that votes will be held open until Becerra Hayes Peterson (FL) they arrive in the Chamber. Beilenson Hefner Peterson (MN) ment printed in section 4 of this resolution. Bentsen Hilliard Pickett The resolution, as modified, shall be debat- b 1550 Berman Hinchey Pomeroy able initially for 30 minutes to be equally di- Bevill Holden Poshard vided and controlled by the Majority Leader The vote was taken by electronic de- Bonior Hoyer Rahall and the Minority Leader or their designees. vice, and there were—yeas 232, nays Borski Jacobs Rangel The previous question shall be considered as Boucher Jefferson Reed ordered on the resolution, as modified, to 199, not voting 3, as follows: Browder Johnson (SD) Reynolds final adoption without intervening motion or [Roll No. 3] Brown (CA) Johnson, E. B. Richardson Brown (FL) Johnston Rivers demand for division of the question except as YEAS—232 Brown (OH) Kanjorski Roemer specified in sections 2 and 3 of this resolu- Bryant (TX) Kaptur Rose tion. Allard English Lazio Cardin Kennedy (MA) Roybal-Allard Sec. 2. The question of adopting the resolu- Archer Ensign Leach Chapman Kennedy (RI) Rush Armey Everett Lewis (CA) tion, as modified, shall be divided among ten Clay Kennelly Sabo parts, to wit: each of the nine sections of Bachus Ewing Lewis (KY) Clayton Kildee Sanders Baker (CA) Fawell Lightfoot Clement Kleczka Sawyer title I; and then title II. Each portion of the Baker (LA) Fields (TX) Linder Clyburn Klink Schroeder divided question shall be debatable sepa- Ballenger Flanagan Livingston Coleman LaFalce Schumer rately for 20 minutes, to be equally divided Barr Foley LoBiondo Collins (IL) Lambert-Lincoln Scott and controlled by the Majority Leader and Barrett (NE) Forbes Longley Collins (MI) Lantos Serrano the Minority Leader or their designees, and Bartlett Fowler Lucas Condit Laughlin Sisisky Barton Fox Manzullo shall be disposed of in the order stated. Conyers Levin Skaggs Sec. 3. Pending the question of adopting Bass Franks (CT) Martini Costello Lewis (GA) Skelton Bateman Franks (NJ) McCollum Coyne Lipinski Slaughter the tenth portion of the divided question, it Bereuter Frelinghuysen McCrery Cramer Lofgren Spratt shall be in order to move that the House Bilbray Frisa McDade Danner Lowey Stark commit the resolution, as modified, to a se- Bilirakis Funderburk McHugh de la Garza Luther Stenholm lect committee, with or without instruc- Bliley Gallegly McInnis DeFazio Maloney Stokes tions. The previous question shall be consid- Blute Ganske McIntosh DeLauro Manton Studds Boehlert Gekas McKeon ered as ordered on the motion to commit to Dellums Markey Stupak final adoption without intervening motion. Boehner Gilchrest Metcalf Deutsch Martinez Tanner Bonilla Gillmor Meyers Dicks Mascara Taylor (MS) Sec. 4. At the end of Title I add the follow- Bono Gilman Mica Dingell Matsui Tejeda ing new section: Brewster Goodlatte Miller (FL) Dixon McCarthy Thompson Sec. (109). The Rules of the House of Rep- Brownback Goodling Molinari Doggett McDermott Thornton resentatives of the One Hundred Third Con- Bryant (TN) Goss Moorhead Dooley McHale Thurman gress, including applicable provisions of law Bunn Graham Morella Doyle McKinney Torres Bunning Greenwood Myers or concurrent resolution that constituted Durbin McNulty Torricelli rules of the House at the end of the One Hun- Burr Gunderson Myrick Edwards Meehan Towns Burton Gutknecht Nethercutt Engel Meek Traficant dred Third Congress, together with such Buyer Hall (TX) Neumann Eshoo Menendez Tucker amendments thereto as may otherwise have Callahan Hancock Ney Evans Mfume Velazquez been adopted, are adopted as the Rules of the Calvert Hansen Norwood Farr Miller (CA) Vento One Hundred Fourth Congress, with the fol- Camp Hastert Nussle Fattah Mineta Visclosky lowing amendment: Canady Hastings (WA) Oxley Fazio Minge Volkmer Castle Hayworth Packard Fields (LA) Mink Ward BAN ON GIFTS FROM LOBBYISTS Chabot Hefley Paxon Filner Moakley Waters (a) Clause 4 of rule XLIII of the Rules of Chambliss Heineman Petri Flake Mollohan Watt (NC) Chenoweth Herger Pombo the House of Representatives is amended to Foglietta Montgomery Waxman read as follows: Christensen Hilleary Porter Ford Moran Williams Chrysler Hobson Portman Frank (MA) Murtha Wilson ‘‘4. (a)(1) No Member, officer, or employee Clinger Hoekstra Pryce Frost Nadler Wise of the House of Representatives shall accept Coble Hoke Quillen Furse Neal Woolsey a gift, knowing that such gift is provided di- Coburn Horn Quinn Gejdenson Oberstar Wyden rectly or indirectly by a paid lobbyist, a lob- Collins (GA) Hostettler Radanovich Gephardt Obey Wynn bying firm (a person or entity that has 1 or Combest Houghton Ramstad Geren Olver Yates Cooley Hunter Regula more employees who are lobbyists on behalf Gibbons Ortiz of a client other than that person or entity), Cox Hutchinson Riggs Gonzalez Orton Crane Hyde Roberts or an agent of a Foreign principal (as defined Crapo Inglis Rogers NOT VOTING—3 in the foreign Agents Registration Act of Cremeans Istook Rohrabacher Bishop Gingrich Jackson-Lee 1938). Cubin Johnson (CT) Ros-Lehtinen ‘‘(2) The prohibition in subparagraph (1) in- Cunningham Johnson, Sam Roth b cludes the following: Davis Jones Roukema 1605 ‘‘(A) Anything provided by a lobbyist or a Deal Kasich Royce Mr. STUMP and Mr. DICKEY DeLay Kelly Salmon foreign agent which the Member, officer, or Diaz-Balart Kim Sanford changed their vote from ‘‘nay’’ to employee has reason to believe is paid for, Dickey King Saxton ‘‘yea.’’ charged to, or reimbursed by a client or firm Doolittle Kingston Scarborough So the previous question was ordered. of such lobbyist or foreign agent. Dornan Klug Schaefer The result of the vote was announced ‘‘(B) Anything provided by a lobbyist, a Dreier Knollenberg Schiff lobbying firm, or a foreign agent to an entity Duncan Kolbe Seastrand as above recorded. that is maintained or controlled by a Mem- Dunn LaHood Sensenbrenner MOTION TO COMMIT OFFERED BY MR. BONIOR Ehlers Largent Shadegg ber, officer, or employee. Ehrlich Latham Shaw Mr. BONIOR. Mr. Speaker, I offer a ‘‘(C) A charitable contribution (as defined Emerson LaTourette Shays motion to commit. in section 170(c) of the Internal Revenue H 20 CONGRESSIONAL RECORD — HOUSE January 4, 1995 Code of 1986) made by a lobbyist, a lobbying the same or similar gifts to other Members, fundraising or campaign event sponsored by firm, or a foreign agent on the basis of a des- officers, or employees. such an organization. ignation, recommendation, or other speci- ‘‘(b) In addition to the restriction on re- ‘‘(8) Pension and other benefits resulting fication of a Member, officer, or employee ceiving gifts from paid lobbyists, lobbying from continued participation in an employee (not including a mass mailing or other solic- firms, and agents of foreign principals pro- welfare and benefits plan maintained by a itation directed to a broad category of per- vided by paragraph (a) and except as pro- former employer. sons or entities). vided in this Rule, no Member, officer, or ‘‘(9) Informational materials that are sent ‘‘(D) A contribution or other payment by a employee of the House of Representatives to the office of the Member, officer, or em- lobbyist, a lobbying firm, or a foreign agent shall knowingly accept a gift from any other ployee in the form of books, articles, periodi- to a legal expense fund established for the person. cals, other written materials, audio tapes, benefit of a Member, officer, or employee. ‘‘(c)(1) For the purpose of this clause, the videotapes, or other forms of communica- ‘‘(E) A charitable contribution (as defined term ‘gift’ means any gratuity, favor, dis- tion. in section 170(c) of the Internal Revenue count, entertainment, hospitality, loan, for- ‘‘(10) Awards or prizes which are given to Code of 1986) made by a lobbyist, a lobbying bearance, or other item having monetary competitors in contests or events open to the firm, or a foreign agent in lieu of an hono- value. The term includes gifts of services, public, including random drawings. rarium to a Member, officer, or employee. training, transportation, lodging, and meals, ‘‘(11) Honorary degrees (and associated ‘‘(F) A financial contribution or expendi- whether provided in kind, by purchase of a travel, food, refreshments, and entertain- ture made by a lobbyist, a lobbying firm, or ticket, payment in advance, or reimburse- ment) and other bona fide, nonmonetary ment after the expense has been incurred. a foreign agent relating to a conference, re- awards presented in recognition of public ‘‘(2) A gift to the spouse or dependent of a treat, or similar event, sponsored by or af- service (and associated food, refreshments, Member, officer, or employee (or a gift to filiated with an official congressional organi- and entertainment provided in the presen- any other individual based on that individ- zation, for or on behalf of Members, officers, tation of such degrees and awards). ual’s relationship with the Member, officer, or employees. or employee) shall be considered a gift to the ‘‘(12) Donations of products from the State ‘‘(3) The following are not gifts subject to Member, officer, or employee if it is given that the Member represents that are in- the prohibition in subparagraph (1): with the knowledge and acquiescence of the tended primarily for promotional purposes, ‘‘(A) Anything for which the recipient pays Member, officer, or employee and the Mem- such as display or free distribution, and are the market value, or does not use and ber, officer, or employee has reason to be- of minimal value to any individual recipient. promptly returns to the donor. lieve the gift was given because of the offi- ‘‘(13) Food, refreshments, and entertain- ‘‘(B) A contribution, as defined in the Fed- cial position of the Member, officer, or em- ment provided to a Member or an employee eral Election Campaign Act of 1971 (2 U.S.C. ployee. of a Member in the Member’s home State, 431 et seq.) that is lawfully made under that ‘‘(d) The restrictions in paragraph (b) shall subject to reasonable limitations, to be es- Act, or attendance at a fundraising event not apply to the following: tablished by the Committee on Standards of sponsored by a political organization de- ‘‘(1) Anything for which the Member, offi- Official Conduct. scribed in section 527(e) of the Internal Reve- cer, or employee pays the market value, or ‘‘(14) An item of little intrinsic value such nue Code of 1986. does not use and promptly returns to the as a greeting card, baseball cap, or a T shirt. ‘‘(C) Food or refreshments of nominal donor. ‘‘(15) Training (including food and refresh- value offered other than as part of a meal. ‘‘(2) A contribution, as defined in the Fed- ments furnished to all attendees as an inte- ‘‘(D) Benefits resulting from the business, eral Election Campaign Act of 1971 (2 U.S.C. gral part of the training) provided to a Mem- employment, or other outside activities of 431 et seq.) that is lawfully made under that ber, officer, or employee, if such training is the spouse of a Member, officer, or employee, Act, or attendance at a fundraising event in the interest of the House of Representa- if such benefits are customarily provided to sponsored by a political organization de- tives. others in similar circumstances. scribed in section 527(e) of the Internal Reve- ‘‘(16) Bequests, inheritances, and other ‘‘(E) Pension and other benefits resulting nue Code of 1986. transfers at death. from continued participation in an employee ‘‘(3) Anything provided by an individual on ‘‘(17) Any item, the receipt of which is au- welfare and benefits plan maintained by a the basis of a personal or family relationship thorized by the Foreign Gifts and Decora- former employer. unless the Member, officer, or employee has tions Act, the Mutual Educational and Cul- ‘‘(F) Informational materials that are sent reason to believe that, under the cir- tural Exchange Act, or any other statute. to the office of a Member, officer, or em- cumstances, the gift was provided because of ‘‘(18) Anything which is paid for by the ployee in the form of books, articles, periodi- the official position of the Member, officer, Federal Government, by a State or local gov- cals, other written materials, audio tapes, or employee and not because of the personal ernment, or secured by the Government videotapes, or other forms of communica- or family relationship. The Committee on under a Government contract. tion. Standards of Official Conduct shall provide ‘‘(19) A gift of personal hospitality of an in- ‘‘(4)(A) A gift given by an individual under guidance on the applicability of this clause dividual, as defined in section 109(14) of the circumstances which make it clear that the and examples of circumstances under which Ethics in Government Act. gift is given for a nonbusiness purpose and is a gift may be accepted under this exception. ‘‘(20) Free attendance at a widely attended motivated by a family relationship or close ‘‘(4) A contribution or other payment to a event permitted pursuant to paragraph (e). personal friendship and not by the position legal expense fund established for the benefit ‘‘(21) Opportunities and benefits which of the Member, officer, or employee shall not of a Member, officer, or employee, that is are— be subject to the prohibition in subparagraph otherwise lawfully made, if the person mak- ‘‘(A) available to the public or to a class (1). ing the contribution or payment is identified consisting of all Federal employees, whether ‘‘(B) A gift shall not be considered to be for the Committee on Standards of Official or not restricted on the basis of geographic given for a nonbusiness purpose if the Mem- Conduct. consideration; ber, officer, or employee has reason to be- ‘‘(5) Any food or refreshments which the ‘‘(B) offered to members of a group or class lieve the individual giving the gift will recipient reasonably believes to have a value in which membership is unrelated to con- seek— of less than $20. gressional employment; ‘‘(i) to deduct the value of such gift as a ‘‘(6) Any gift from another Member, officer, ‘‘(C) offered to members of an organization, business expense on the individual’s Federal or employee of the Senate or the House of such as an employees’ association or con- income tax return, or Representatives. gressional credit union, in which member- ‘‘(ii) direct or indirect reimbursement or ‘‘(7) Food, refreshments, lodging, and other ship is related to congressional employment any other compensation for the value of the benefits— and similar opportunities are available to gift from a client or employer of such lobby- ‘‘(A) resulting from the outside business or large segments of the public through organi- ist or foreign agent. employment activities (or other outside ac- zations of similar size; ‘‘(C) In determining if the giving of a gift tivities that are not connected to the duties ‘‘(D) offered to any group or class that is is motivated by a family relationship or of the Member, officer, or employee as an of- not defined in a manner that specifically dis- close personal friendship, at least the follow- ficeholder) of the Member, officer, or em- criminates among Government employees on ing factors shall be considered: ployee, or the spouse of the Member, officer, the basis of branch of Government or type of ‘‘(i) The history of the relationship be- or employee, if such benefits have not been responsibility, or on a basis that favors those tween the individual giving the gift and the offered or enhanced because of the official of higher rank or rate of pay; recipient of the gift, including whether or position of the Member, officer, or employee ‘‘(E) in the form of loans from banks and not gifts have previously been exchanged by and are customarily provided to others in other financial institutions on terms gen- such individuals. similar circumstances; erally available to the public; or ‘‘(ii) Whether the Member, officer, or em- ‘‘(B) customarily provided by a prospective ‘‘(F) in the form of reduced membership or ployee has reason to believe the gift was pur- employer in connection with bona fide em- other fees for participation in organization chased by the individual who gave the item. ployment discussions; or activities offered to all Government employ- ‘‘(iii) Whether the Member, officer, or em- ‘‘(C) provided by a political organization ees by professional organizations if the only ployee has reason to believe the individual described in section 527(e) of the Internal restrictions on membership relate to profes- who gave the gift also at the same time gave Revenue Code of 1986 in connection with a sional qualifications. January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 21 ‘‘(22) A plaque, trophy, or other memento ‘‘(i) in the case of an employee, receives a determination signed by the Member or of- of modest value. advance authorization, from the Member or ficer (or in the case of an employee, the ‘‘(23) Anything for which, in exceptional officer under whose direct supervision the Member or officer under whose direct super- circumstances, a waiver is granted by the employee works, to accept reimbursement, vision the officer or employee works) that Committee on Standards of Official Conduct. and the attendance of the spouse or child is ap- ‘‘(e)(1) Except as prohibited by paragraph ‘‘(ii) discloses the expenses reimbursed or propriate to assist in the representation of (a), a Member, officer, or employee may ac- to be reimbursed and the authorization to the House of Representatives. cept an offer of free attendance at a widely the Clerk of the House of Representatives ‘‘(5) The Clerk of the House of Representa- attended convention, conference, sympo- within 30 days after the travel is completed. tives shall make available to the public all sium, forum, panel discussion, dinner, view- ‘‘(B) For purposes of clause (A), events, the advance authorizations and disclosures of re- ing, reception, or similar event, provided by activities of which are substantially rec- imbursement filed pursuant to subparagraph the sponsor of the event, if— reational in nature, shall not be considered (1) as soon as possible after they are re- ‘‘(A) the Member, officer, or employee par- to be in connection with the duties of a ceived.’’. ticipates in the event as a speaker or a panel Member, officer, or employee as an office- participant, by presenting information relat- holder. SEC. . LIMITATION ON ROYALTY INCOME. ed to Congress or matters before Congress, or ‘‘(2) Each advance authorization to accept (a) LIMITATION.—Clause 3 of rule XLVII of by performing a ceremonial function appro- reimbursement shall be signed by the Mem- the Rules of the House of Representatives is priate to the Member’s, officer’s, or employ- ber or officer under whose direct supervision amended by adding at the end the following ee’s official position; or the employee works and shall include— new paragraph: ‘‘(B) attendance at the event is appropriate ‘‘(A) the name of the employee; ‘‘(g) In calendar year 1995 or thereafter, a to the performance of the official duties or ‘‘(B) the name of the person who will make Member, officer, or employee of the House representative function of the Member, offi- the reimbursement; may not— cer, or employee. ‘‘(C) the time, place, and purpose of the ‘‘(1) receive any copyright royalties for any ‘‘(2) A Member, officer, or employee who travel; and work— attends an event described in subparagraph ‘‘(D) a determination that the travel is in ‘‘(A) unless the royalty is received from an (1) may accept a sponsor’s unsolicited offer connection with the duties of the employee established publisher pursuant to usual and of free attendance at the event for an accom- as an officeholder and would not create the customary contractual terms; panying individual if others in attendance appearance that the employee is using public ‘‘(B) unless the total amount of such royal- will generally be similarly accompanied or if office for private gain. ties for that work does not exceed one-third such attendance is appropriate to assist in ‘‘(3) Each disclosure made under subpara- of that individual’s annual pay as a Member, the representation of the House of Rep- graph (1)(A) of expenses reimbursed or to be officer, or employee for the year in which the resentatives. reimbursed shall be signed by the Member or contract is entered into; and ‘‘(3) Except as prohibited by paragraph (a), officer (in the case of travel by that Member ‘‘(C) without the prior notification and ap- a Member, officer, or employee, or the or officer) or by the Member or officer under proval of the contract for that work by the spouse or dependent thereof, may accept a whose direct supervision the employee works Committee on Standards of Official Conduct; sponsor’s unsolicited offer of free attendance (in the case of travel by an employee) and or at a charity event, except that reimburse- shall include— ‘‘(2) receive any advance payment for any ment for transportation and lodging may not ‘‘(A) a good faith estimate of total trans- such work.’’. be accepted in connection with the event. portation expenses reimbursed or to be reim- (b) CONFORMING AMENDMENT.—Clause ‘‘(4) For purposes of this paragraph, the bursed; 3(e)(5) of rule XLVII of the Rules of the term ‘free attendance’ may include waiver of ‘‘(B) a good faith estimate of total lodging House of Representatives is amended to read all or part of a conference or other fee, the expenses reimbursed or to be reimbursed; as follows: provision of local transportation, or the pro- ‘‘(C) a good faith estimate of total meal ex- ‘‘(5) copyright royalties.’’. vision of food, refreshments, entertainment, penses reimbursed or to be reimbursed; (c) EFFECTIVE DATE.—The amendments and instructional materials furnished to all ‘‘(D) a good faith estimate of the total of made by this resolution shall apply only to attendees as an integral part of the event. other expenses reimbursed or to be reim- copyright royalties received by any Member, The term does not include entertainment bursed; officer, or employee of the House after adop- collateral to the event, or food or refresh- ‘‘(E) a determination that all such ex- tion of this resolution pursuant to any con- ments taken other than in a group setting penses are necessary transportation, lodging, tract entered into while that individual is with all or substantially all other attendees. and related expenses as defined in this para- such a Member, officer, or employee. ‘‘(f) No Member, officer, or employee may graph; and accept a gift the value of which exceeds $250 b on the basis of the personal relationship ex- ‘‘(F) in the case of a reimbursement to a 1610 ception in paragraph (d)(3) or the close per- Member or officer, a determination that the Mr. SPRATT (during the reading). sonal friendship exception in section 106(d) of travel was in connection with the duties of the Member or officer as an officeholder and Mr. Speaker, I ask unanimous consent the Lobbying Disclosure Act of 1995 unless that the motion to commit be consid- the Committee on Standards of Official Con- would not create the appearance that the ered as read and printed in the RECORD. duct issues a written deterministion that Member or officer is using public office for one of such exceptions applies. private gain. The SPEAKER. Is there objection to ‘‘(g)(1) The Committee on Standards of Of- ‘‘(4) For the purposes of this paragraph, the the request of the gentleman from ficial Conduct is authorized to adjust the term ‘necessary transportation, lodging, and South Carolina? dollar amount referred to in paragraph (d)(5) related expenses’— Mr. BONIOR. Mr. Speaker, reserving on a periodic basis, to the extent necessary ‘‘(A) includes reasonable expenses that are the right to object, and I will not ob- to adjust for inflation. necessary for travel— ‘‘(i) for a period not exceeding 4 days in- ject, the point I want to make is that ‘‘(2) The Committee on Standards of Offi- this is a question on the gift ban and cial Conduct shall provide guidance setting cluding travel time within the unanimous forth reasonable steps that may be taken by consent or 7 days in addition to travel out- on the book royalty at this point. Members, officers, and employees, with a side the United States; and Mr. Speaker, I withdraw my reserva- minimum of paperwork and time, to prevent ‘‘(ii) within 24 hours before or after partici- tion of objection. the acceptance of prohibited gifts from lob- pation in an event in the United States or Mr. SOLOMON. Mr. Speaker, reserv- byists. within 48 hours before or after participation ing the right to object, I would just say ‘‘(3) When it is not practicable to return a in an event outside the United States, to the gentleman, we have just been tangible item because it is perishable, the unless approved in advance by the Commit- handed a 20-page document here. This item may, at the discretion of the recipient, tee on Standards of Official Conduct; is the motion to recommit? be given to an appropriate charity or de- ‘‘(B) is limited to reasonable expenditures stroyed. for transportation, lodging, conference fees Mr. BONIOR. Mr. Speaker, will the ‘‘(h)(1)(A) Except as prohibited by para- and materials, and food and refreshments, gentleman yield? graph (a), a reimbursement (including pay- including reimbursement for necessary Mr. SOLOMON. I yield to the gen- ment in kind) to a Member, officer, or em- transportation, whether or not such trans- tleman from Michigan. ployee for necessary transportation, lodging portation occurs within the periods described Mr. BONIOR. Mr. Speaker, this is the and related expenses for travel to a meeting, in clause (A); motion to commit. speaking engagement, factfinding trip or ‘‘(C) does not include expenditures for rec- Mr. SOLOMON. To commit? similar event in connection with the duties reational activities or entertainment other Mr. BONIOR. If the gentleman will of the Member, officer, or employee as an of- than that provided to all attendees as an in- ficeholder shall be deemed to be a reimburse- tegral part of the event; and yield further, yes. This is what we were ment to the House of Representatives and ‘‘(D) may include travel expenses incurred talking about for the last hour, the ban not a gift prohibited by this paragraph, if the on behalf of either the spouse or a child of on gifts from lobbyists and book royal- Member, officer, or employee— the Member, officer, or employee, subject to ties. H 22 CONGRESSIONAL RECORD — HOUSE January 4, 1995 Mr. SOLOMON. I do not know how [Roll No. 4] Gekas Lewis (CA) Salmon Gilchrest Lewis (KY) Sanford that, with no debate, Mr. Speaker, we YEAS—196 Gillmor Lightfoot Saxton are going to have time to even know Abercrombie Gordon Owens Gilman Linder Scarborough the details of this. Ackerman Green Pallone Goodlatte Livingston Schaefer I would urge a no vote. Andrews Gutierrez Parker Goodling LoBiondo Schiff Baldacci Hall (OH) Pastor Goss Longley Seastrand Mr. FRANK of Massachusetts. Mr. Barcia Hamilton Payne (NJ) Graham Lucas Sensenbrenner Speaker, if the gentleman will yield, Barrett (WI) Harman Payne (VA) Greenwood Manzullo Shadegg the gentleman makes a good point Becerra Hastings (FL) Pelosi Gunderson Martini Shaw Beilenson Hefner Peterson (FL) Gutknecht McCollum Shays about debate. Would the gentleman Bentsen Hilliard Peterson (MN) Hall (TX) McCrery Shuster agree to unanimous consent for about Berman Hinchey Pickett Hancock McDade Skeen 20 minutes to debate this? Then we can Bevill Holden Pomeroy Hansen McHugh Smith (MI) Bishop Hoyer Poshard Hastert McInnis Smith (NJ) discuss it. Bonior Jackson-Lee Rahall Hastings (WA) McIntosh Smith (TX) Mr. Speaker, I ask unanimous con- Borski Jacobs Rangel Hayes McKeon Smith (WA) sent for an additional 20 minutes. Boucher Jefferson Reed Hayworth Metcalf Solomon Browder Johnson (SD) Reynolds Hefley Meyers Souder Mr. SOLOMON. Mr. Speaker, I would Brown (CA) Johnson, E. B. Richardson Heineman Mica Spence move regular order. Brown (FL) Johnston Rivers Herger Miller (FL) Stearns Mr. FRANK of Massachusetts. Mr. Brown (OH) Kanjorski Roemer Hilleary Molinari Stockman Bryant (TX) Kaptur Rose Hobson Moorhead Stump Speaker, I have a unanimous-consent Cardin Kennedy (MA) Roybal-Allard Hoekstra Morella Talent request. What happened to my unani- Chapman Kennedy (RI) Rush Hoke Myers Tanner mous-consent request? Clay Kennelly Sabo Horn Myrick Tate Mr. THOMAS of California. Mr. Clayton Kildee Sanders Hostettler Nethercutt Tauzin Clement Kleczka Sawyer Houghton Neumann Taylor (NC) Speaker, reserving the right to ob- Clyburn Klink Schroeder Hunter Ney Thomas ject—— Coleman LaFalce Schumer Hutchinson Nussle Thornberry Mr. SPRATT. Mr. Speaker, there is a Collins (IL) Lambert-Lincoln Scott Hyde Oxley Tiahrt Collins (MI) Lantos Serrano Inglis Packard Torkildsen unanimous-consent request to dispense Condit Levin Sisisky Istook Paxon Upton with the reading of the 20-page motion. Conyers Lewis (GA) Skaggs Johnson (CT) Petri Vucanovich The SPEAKER. That is the pending Costello Lipinski Skelton Johnson, Sam Pombo Waldholtz Coyne Lofgren Slaughter Jones Porter Walker request. There can only be one request Cramer Lowey Spratt Kasich Portman Walsh pending at a time. Danner Luther Stark Kelly Pryce Wamp Mr. VOLKMER. Mr. Speaker, reserv- de la Garza Maloney Stenholm Kim Quillen Weldon (FL) DeFazio Manton Stokes King Quinn Weldon (PA) ing the right to object, it is apparent DeLauro Markey Studds Kingston Radanovich Weller to me that, as one who has been here Dellums Martinez Stupak Klug Ramstad White for several years and has seen what has Deutsch Mascara Taylor (MS) Knollenberg Regula Whitfield Dicks Matsui Tejeda Kolbe Riggs Wicker gone on in past first days of the Con- Dingell McCarthy Thompson LaHood Roberts Wolf gress, I attempted and my staff at- Dixon McDermott Thornton Largent Rogers Young (AK) tempted, beginning back in December, Doggett McHale Thurman Latham Rohrabacher Young (FL) to get a copy of the proposed new Doyle McKinney Torres LaTourette Ros-Lehtinen Zeliff Durbin McNulty Torricelli Laughlin Roth Zimmer House rules for this Congress. We have Edwards Meehan Towns Lazio Roukema not been able to. Engel Meek Traficant Leach Royce Mr. THOMAS of California. Regular Eshoo Menendez Tucker Evans Mfume Velazquez NOT VOTING—3 order, Mr. Speaker. Farr Miller (CA) Vento Chrysler Gingrich Norwood Mr. VOLKMER. I am reserving the Fattah Mineta Visclosky right to object. Fazio Minge Volkmer b 1626 Fields (LA) Mink Ward The SPEAKER. The gentleman may Filner Moakley Waters So the motion to commit was re- not reserve the right to object if regu- Flake Mollohan Watt (NC) jected. lar order is requested. Foglietta Montgomery Waxman The result of the vote was announced Is there objection to the request to Ford Moran Williams Frank (MA) Murtha Wilson as above recorded. dispense with the reading? Frost Nadler Wise The SPEAKER pro tempore (Mr. Does the gentleman still tender his Furse Neal Woolsey WALKER). The question is on the reso- request? Gejdenson Oberstar Wyden Gephardt Obey Wynn lution. Mr. SPRATT. What I seek, Mr. Geren Olver Yates The question was taken; and the Speaker, is that we dispense with the Gibbons Ortiz Speaker pro tempore announced that reading of the motion. Gonzalez Orton the noes appeared to have it. The SPEAKER. Is there objection to NAYS—235 RECORDED VOTE the request of the gentleman from Allard Burr Dickey Mr. SOLOMON. Mr. Speaker, I de- South Carolina? Archer Burton Dooley mand a recorded vote. There was no objection. Armey Buyer Doolittle Bachus Callahan Dornan A recorded vote was ordered. Mr. ACKERMAN. Mr. Speaker, I ob- Baesler Calvert Dreier The vote was taken by electronic de- ject. Baker (CA) Camp Duncan vice, and there were—yeas 251, nays The SPEAKER. The Member was not Baker (LA) Canady Dunn 181, not voting 2, as follows: on his feet, and it was not timely. Ballenger Castle Ehlers Barr Chabot Ehrlich [Roll No. 5] The question is on the motion to Barrett (NE) Chambliss Emerson YEAS—251 commit. Bartlett Chenoweth English The question was taken; and the Barton Christensen Ensign Allard Bilirakis Callahan Bass Clinger Everett Archer Bliley Calvert Speaker announced that the noes ap- Bateman Coble Ewing Armey Blute Camp peared to have it. Bereuter Coburn Fawell Bachus Boehlert Canady Mr. BONIOR. Mr. Speaker, on that I Bilbray Collins (GA) Fields (TX) Baesler Boehner Castle Bilirakis Combest Flanagan Baker (CA) Bonilla Chabot demand the yeas and nays. Bliley Cooley Foley Baker (LA) Bono Chambliss The yeas and nays were ordered. Blute Cox Forbes Ballenger Boucher Chenoweth The SPEAKER. The Members are re- Boehlert Crane Fowler Barr Brewster Christensen minded that this is a 15-minute vote, Boehner Crapo Fox Barrett (NE) Browder Chrysler Bonilla Cremeans Franks (CT) Bartlett Brownback Clinger with a maximum of 2 additional min- Bono Cubin Franks (NJ) Barton Bryant (TN) Coble utes. Brewster Cunningham Frelinghuysen Bass Bunn Coburn The vote was taken by electronic de- Brownback Davis Frisa Bateman Bunning Collins (GA) Bryant (TN) Deal Funderburk Bereuter Burr Combest vice, and there were—yeas 196, nays Bunn DeLay Gallegly Bevill Burton Condit 235, not voting 3, as follows: Bunning Diaz-Balart Ganske Bilbray Buyer Cooley January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 23

Cox Hunter Quillen Lofgren Ortiz Spratt H. RES. 6 Cramer Hutchinson Quinn Lowey Owens Stark Crane Hyde Radanovich Luther Pallone Stokes Resolved, Crapo Inglis Ramstad Maloney Pastor Studds TITLE I. CONTRACT WITH AMERICA: A Cremeans Istook Regula Manton Payne (NJ) Stupak Cubin Johnson (CT) Riggs Markey Payne (VA) Tejeda BILL OF ACCOUNTABILITY Cunningham Johnson, Sam Roberts Martinez Pelosi Thompson SEC. 101. The Rules of the House of Rep- Danner Jones Rogers Mascara Peterson (FL) Thornton resentatives of the One Hundred Third Con- Davis Kasich Rohrabacher Matsui Pomeroy Thurman gress, including applicable provisions of law Deal Kelly Ros-Lehtinen McCarthy Poshard Torres DeLay Kim Roth McDermott Rahall Torricelli or concurrent resolution that constituted Diaz-Balart King Roukema McHale Rangel Towns rules of the House at the end of the One Hun- Dickey Kingston Royce McKinney Reed Tucker dred Third Congress, together with such Doolittle Klug Salmon McNulty Reynolds Velazquez amendments thereto in this resolution as Dornan Knollenberg Sanford Meehan Richardson Vento may otherwise have been adopted, are adopt- Dreier Kolbe Saxton Meek Rivers Visclosky ed as the Rules of the House of Representa- Duncan LaHood Scarborough Menendez Roemer Volkmer Dunn Largent Schaefer Mfume Rose Ward tives of the One Hundred Fourth Congress, Ehlers Latham Schiff Miller (CA) Roybal-Allard Waters with the following amendments: Ehrlich LaTourette Seastrand Mineta Rush Watt (NC) Emerson Lazio Sensenbrenner Minge Sabo Waxman Committee, Subcommittee, and Staff Reforms English Leach Shadegg Mink Sanders Williams (a) COMMITTEE STAFF REDUCTIONS.—In the Ensign Lewis (CA) Shaw Moakley Sawyer Wilson One Hundred Fourth Congress, the total Everett Lewis (KY) Shays Mollohan Schroeder Wise number of staff of House committees shall be Ewing Lightfoot Shuster Moran Schumer Woolsey Fawell Linder Sisisky Nadler Scott Wyden at least one-third less than the correspond- Fields (TX) Livingston Skeen Neal Serrano Wynn ing total in the One Hundred Third Congress. Flanagan LoBiondo Smith (MI) Oberstar Skaggs Yates (b) SUBCOMMITTEE REDUCTIONS.—In clause 6 Foley Longley Smith (NJ) Obey Skelton of rule X, amend paragraph (d) to read as fol- Forbes Lucas Smith (TX) Olver Slaughter lows: Fowler Manzullo Smith (WA) ‘‘(d) No committee of the House shall have Fox Martini Solomon NOT VOTING—2 Franks (CT) McCollum Souder Gingrich Gonzalez more than five subcommittees (except the Franks (NJ) McCrery Spence Committee on Appropriations, which shall Frelinghuysen McDade Stearns b 1643 have no more than thirteen; the Committee Frisa McHugh Stenholm Messrs. ORTIZ, FATTAH, and SKEL- on Government Reform and Oversight, which Funderburk McInnis Stockman shall have no more than seven; and the Com- Gallegly McIntosh Stump TON changed their vote from ‘‘yea’’ to mittee on Transportation and Infrastruc- Ganske McKeon Talent ‘‘nay.’’ ture, which shall have no more than six).’’. Gekas Metcalf Tanner So the resolution was agreed to. Geren Meyers Tate (c) CONSOLIDATED COMMITTEE STAFF AND Gilchrest Mica Tauzin A motion to reconsider was laid on BIENNIAL FUNDING.—— Gillmor Miller (FL) Taylor (MS) the table. (1) In clause 5(a) of rule XI, amend the first Gilman Molinari Taylor (NC) f sentence to read as follows: ‘‘Whenever any Goodlatte Montgomery Thomas committee, commission, or other entity (ex- Goodling Moorhead Thornberry MESSAGE FROM THE SENATE Goss Morella Tiahrt cept the Committee on Appropriations) is to Graham Murtha Torkildsen A message from the Senate by Mr. be granted authorization for the payment of Greenwood Myers Traficant Hallen, one of its clerks, announced its expenses (including all staff salaries) for Gunderson Myrick Upton that the Senate has passed Resolutions a Congress, such authorization initially shall Gutknecht Nethercutt Vucanovich be procured by one primary expense resolu- Hall (TX) Neumann Waldholtz of the following titles, in which the Hancock Ney Walker concurrence of the House is requested: tion reported by the Committee on House Hansen Norwood Walsh Oversight.’’. S. RES. 1 Hastert Nussle Wamp (2)(A) In clause 5(b) of rule XI, amend the Hastings (WA) Orton Weldon (FL) Resolved, That a committee consisting of first sentence to read as follows: ‘‘After the Hayworth Oxley Weldon (PA) two Senators be appointed to join such com- date of adoption by the House of any such Hefley Packard Weller mittee as may be appointed by the House of primary expense resolution for any such Heineman Parker White Representatives to wait upon the President committee, commission, or other entity for Herger Paxon Whitfield of the United States and inform him that a Hilleary Peterson (MN) Wicker any Congress, authorization for the payment Hobson Petri Wolf quorum of each House is assembled and that of additional expenses (including staff sala- Hoekstra Pickett Young (AK) the Congress is ready to receive any commu- ries) in that Congress may be procured by Hoke Pombo Young (FL) nication he may be pleased to make. one or more supplemental expense resolu- Horn Porter Zeliff tions reported by the Committee on House Hostettler Portman Zimmer S. RES. 2 Houghton Pryce Oversight, as necessary.’’. Resolved, That the Secretary inform the (B) In clause 5(c)(1) of rule XI— NAYS—181 House of Representatives that a quorum of (i) strike ‘‘the contingent fund’’ and insert Abercrombie DeLauro Hall (OH) the Senate is assembled and that the Senate ‘‘committee salary and expense accounts’’; Ackerman Dellums Hamilton is ready to proceed to business. (ii) strike ‘‘any year’’ and insert ‘‘any odd- Andrews Deutsch Harman numbered year’’; and S. RES. 11 Baldacci Dicks Hastings (FL) (iii) strike ‘‘for that year’’ and insert ‘‘for Barcia Dingell Hayes Resolved, That the House of Representa- that Congress’’. Barrett (WI) Dixon Hefner tives be notified of the election of the Honor- (C) In clause 5(c)(2) of rule XI, strike ‘‘the Becerra Doggett Hilliard able Strom Thurmond, a Senator from the Beilenson Dooley Hinchey contingent fund’’ and insert ‘‘committee sal- Bentsen Doyle Holden State of South Carolina, as President pro ary and expense accounts’’. Berman Durbin Hoyer tempore of the Senate. (D) In clause 5(f)(1) of rule XI— Bishop Edwards Jackson-Lee (i) strike ‘‘the contingent fund’’ and insert S. RES. 12 Bonior Engel Jacobs ‘‘committee salary and expense accounts’’; Borski Eshoo Jefferson Resolved, That the House of Representa- and Brown (CA) Evans Johnson (SD) tives be notified of the election of the Honor- Brown (FL) Farr Johnson, E. B. (ii) strike ‘‘of each year’’ and insert ‘‘in Brown (OH) Fattah Johnston able Sheila P. Burke, of California, as Sec- each odd-numbered year’’. Bryant (TX) Fazio Kanjorski retary of the Senate. (3)(A) INTERIM FUNDING RULE.—For the pur- Cardin Fields (LA) Kaptur f poses of implementing this section, and not- Chapman Filner Kennedy (MA) withstanding the provisions of clause 5(f) of Clay Flake Kennedy (RI) RULES OF THE HOUSE Clayton Foglietta Kennelly rule XI, at the beginning of the One Hundred Clement Ford Kildee Mr. ARMEY. Mr. Speaker, pursuant Fourth Congress, the committees established Clyburn Frank (MA) Kleczka to the resolution just agreed to, I call by this resolution are authorized, pending Coleman Frost Klink up House Resolution 6 and ask for its the adoption of the primary expense resolu- Collins (IL) Furse LaFalce tion for the One Hundred Fourth Congress, Collins (MI) Gejdenson Lambert-Lincoln immediate consideration. to expend such sums as are necessary to pay Conyers Gephardt Lantos The Clerk read the title of the resolu- compensation for staff services performed Costello Gibbons Laughlin tion. Coyne Gordon Levin for, or to pay other expenses of, the commit- de la Garza Green Lewis (GA) The text of House Resolution 6 is as tee consistent with its planned reductions in DeFazio Gutierrez Lipinski follows: committee staff. H 24 CONGRESSIONAL RECORD — HOUSE January 4, 1995 (B) Notwithstanding any provision of by the minority party members of that com- Proxy Voting Ban clause 5(f) of rule XI, payments thereunder mittee if ten or more professional staff mem- (a) In clause 2 of rule XI, amend paragraph during the One Hundred Fourth Congress bers provided for in paragraph (a)(1) who are (f) to read as follows: may be made only on vouchers signed by a satisfactory to a majority of the minority ‘‘Prohibition against proxy voting Member elected as chairman of the commit- party members, are otherwise assigned to as- tee concerned in the One Hundred Fourth sist the minority party members.’’. ‘‘(f) No vote by any member of any com- Congress and approved by the Committee on (J) In clause 6(i) of rule XI, strike ‘‘para- mittee or subcommittee with respect to any House Oversight, or, in the case of late ex- graphs (a)(2) and (b)(2)’’ and insert ‘‘para- measure or matter may be cast by proxy.’’. penses of any committee from the One Hun- graph (a)(2)’’. (b) In clause 2(e)(1) of rule XI, strike ‘‘and dred Third Congress not reestablished by the SEC. 102. The Rules of the House of Rep- whether by proxy or in person,’’ in the third Rules of the One Hundred Fourth Congress, resentatives of the One Hundred Third Con- sentence. on vouchers signed by the chairman of the gress, including applicable provisions of law SEC. 105. The Rules of the House of Rep- Committee on House Oversight. or concurrent resolution that constituted resentatives of the One Hundred Third Con- (4) In clause 5 of rule XI, amend paragraph rules of the House at the end of the One Hun- gress, including applicable provisions of law (d) to read as follows: dred Third Congress, together with such or concurrent resolution that constituted ‘‘(d) From the funds made available for the amendments thereto in this resolution as rules of the House at the end of the One Hun- appointment of committee staff pursuant to may otherwise have been adopted, are adopt- dred Third Congress, together with such any primary or additional expense resolu- ed as the Rules of the House of Representa- amendments thereto in this resolution as may otherwise have been adopted, are adopt- tion, the chairman of each committee shall tives of the One Hundred Fourth Congress, ed as the Rules of the House of Representa- ensure that sufficient staff is made available with the following amendments: to each subcommittee to carry out its re- tives of the One Hundred Fourth Congress, sponsibilities under the rules of the commit- Truth-in-Budgeting Baseline Reform with the following amendments: tee, and that the minority party is fairly (a) In clause 2(l)(3)(B) of rule XI (relating Committee Sunshine Rules treated in the appointment of such staff.’’. to cost estimates in committee reports) in- (a) In rule clause 2(g)(1) of rule XI— (5)(A) In clause 6(a)(1) of rule XI, amend sert before the semicolon the following: ‘‘, (1) insert ‘‘, including to radio, television, the first sentence to read as follows: ‘‘Sub- except that the estimates with respect to and still photography coverage, except as ject to subparagraph (2) and paragraph (f), new budget authority shall include, when provided by clause 3(f)(2),’’ after ‘‘public’’ the each standing committee may appoint, by practicable, a comparison of the total esti- first place it appears; majority vote of the committee, not more mated funding level for the relevant program (2) insert ‘‘because disclosure of matters to than thirty professional staff members from (or programs) to the appropriate levels under be considered would endanger national secu- the funds provided for the appointment of current law’’. rity, would compromise sensitive law en- committee staff pursuant to primary and ad- (b) In clause 7(a) of rule XIII (relating to forcement information, would tend to de- ditional expense resolutions.’’. required cost estimates in committee re- fame, degrade or incriminate any person, or (B) In clause 6(a)(2) of rule XI, amend the ports)— otherwise would violate any law or rule of first sentence by striking ‘‘six persons’’ and (1) strike ‘‘and’’ at the end of the subpara- the House’’ after ‘‘public’’ the second place it inserting ‘‘ten persons (or one-third of the graph (1); appears; and total professional committee staff appointed (2) strike the period at the end of the para- (3) strike ‘‘, or to any meeting that relates under this clause, whichever is less)’’. graph and insert ‘‘; and’’; and solely to internal budget or personnel mat- (C) In clause 6(a) of rule XI, strike subpara- (3) add the following new subparagraph at ters’’. graphs (3) through (5); the end: (b) In clause 2(g)(2) of rule XI— (D) In clause 6 of rule XI, amend paragraph ‘‘(3) when practicable, a comparison of the (1) insert ‘‘, including to radio, television, (b) to read as follows: total estimated funding level for the rel- and still photography coverage,’’ after ‘‘pub- ‘‘(b)(1) The professional staff members of lic’’ the first place it appears; and each standing committee— evant program (or programs) with the appro- (2) insert ‘‘, would compromise sensitive ‘‘(A) may not engage in any work other priate levels under current law.’’. law enforcement information,’’ after ‘‘would than committee business during congres- SEC. 103. The Rules of the House of Rep- endanger national security’’ in both places it sional working hours; and resentatives of the One Hundred Third Con- appears. ‘‘(B) may not be assigned any duties other gress, including applicable provisions of law (c) In clause 3(d) of rule XI strike ‘‘is a than those pertaining to committee busi- or concurrent resolution that constituted privilege made available by the House and’’. ness. rules of the House at the end of the One Hun- (d) In clause 3 of rule XI, amend paragraph ‘‘(2) This paragraph does not apply to any dred Third Congress, together with such (e) to read as follows: staff designated by a committee as ‘associ- amendments thereto in this resolution as ‘‘(e) Whenever a hearing or meeting con- ate’ or ‘shared’ staff who are not paid exclu- may otherwise have been adopted, are adopt- ducted by any committee or subcommittee sively by the committee, provided that the ed as the Rules of the House of Representa- of the House is open to the public, those pro- chairman certifies that the compensation tives of the One Hundred Fourth Congress, ceedings shall be open to coverage by tele- paid by the committee for any such em- with the following amendments: vision, radio, and still photography, except ployee is commensurate with the work per- Term Limits for Speaker, Committee and as provided in paragraph (f)(2). A committee formed for the committee, in accordance Subcommittee Chairmen or subcommittee chairman may not limit with the provisions of clause 8 of rule XLIII. the number of television or still cameras to ‘‘(3) The use of any ‘associate’ or ‘shared’ (a) In clause 7 of rule I, insert ‘‘(a)’’ after fewer than two representatives from each staff by any committee shall be subject to ‘‘7.’’ and add the following new paragraph at medium (except for legitimate space or safe- the review of, and to any terms, conditions, the end: ty considerations, in which case pool cov- or limitations established by, the Committee ‘‘(b) No person may serve as Speaker for erage shall be authorized).’’. on House Oversight in connection with the more than four consecutive Congresses, be- SEC. 106. The Rules of the House of Rep- reporting of any primary or additional ex- ginning with the One Hundred Fourth Con- resentatives of the One Hundred Third Con- pense resolution. gress (disregarding for this purpose any serv- gress, including applicable provisions of law ‘‘(4) The foregoing provisions of this clause ice for less than a full session in any Con- or concurrent resolution that constituted do not apply to the Committee on Appropria- gress).’’. rules of the House at the end of the One Hun- tions.’’. (b) In clause 6(c) of rule X, insert after the dred Third Congress, together with such (E) In clause 6(c) of rule XI strike ‘‘, cleri- first sentence the following: ‘‘No Member amendments thereto in this resolution as cal and investigating’’ and insert ‘‘and inves- may serve as the chairman of the same may otherwise have been adopted, are adopt- tigative’’. standing committee, or as the chairman of ed as the Rules of the House of Representa- (F) In clause 6(d) of rule XI, strike ‘‘and the same subcommittee thereof, for more tives of the One Hundred Fourth Congress, the Committee on Budget’’. than three consecutive Congresses, begin- with the following amendments: (G)(i) In clause 6(f) of rule XI, strike ‘‘, or ning with the One Hundred Fourth Congress a minority clerical staff member under para- (disregarding for this purpose any service for Limitations on Tax Increases graph (b),’’ and strike ‘‘or paragraph (b), as less than a full session in any Congress).’’. (a) THREE-FIFTHS VOTE REQUIRED FOR TAX applicable’’. SEC. 104. The Rules of the House of Rep- INCREASE MEASURES AND AMENDMENTS.—In (ii) In clause 6(f) of rule XI, strike ‘‘or the resentatives of the One Hundred Third Con- clause 5 of rule XXI, add the following new clerical staff, as the case may be,’’. gress, including applicable provisions of law paragraph at the end: (H) In clause 6(g) of rule XI, strike ‘‘or (b)’’ or concurrent resolution that constituted ‘‘(c) No bill or joint resolution, amend- in both places it appears. rules of the House at the end of the One Hun- ment, or conference report carrying a Fed- (I) In clause 6 of rule XI, amend paragraph dred Third Congress, together with such eral income tax rate increase shall be consid- (h) to read as follows: amendments thereto in this resolution as ered as passed or agreed to unless so deter- ‘‘(h) Paragraph (a) shall not be construed may otherwise have been adopted, are adopt- mined by a vote of not less than three-fifths to authorize the appointment of additional ed as the Rules of the House of Representa- of the Members voting.’’. professional staff members of a committee tives of the One Hundred Fourth Congress, (b) PROHIBITION ON RETROACTIVE TAX IN- pursuant to a request under such paragraph with the following amendments: CREASES.—In clause 5 of rule XXI (as amend- January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 25 ed by (a) above), add the following new para- ational status of each function under the ju- ‘‘2. The Inspector General shall be ap- graph at the end: risdiction of the Clerk. Each report shall in- pointed for a Congress by the Speaker, the ‘‘(d) It shall not be in order to consider any clude financial statements, a description or majority leader, and the minority leader, bill, joint resolution, amendment, or con- explanation of current operations, the imple- acting jointly. ference report carrying a retroactive Federal mentation of new policies and procedures, ‘‘3. Subject to the policy direction and income tax rate increase. For purposes of and future plans for each function. oversight of the Committee on House Over- this paragraph a Federal income tax rate in- ‘‘8. The Clerk shall fully cooperate with sight, the Inspector General shall be respon- crease is retroactive if it applies to a period the appropriate offices and persons in the sible only for— beginning prior to the enactment of the pro- performance of reviews and audits of finan- ‘‘(a) conducting periodic audits of the fi- vision.’’. cial records and administrative operations.’’. nancial and administrative functions of the SEC. 107. The Rules of the House of Rep- (c) Amend rules IV, V, and VI to read as House and joint entities; resentatives of the One Hundred Third Con- follows: ‘‘(b) informing the Officers or other offi- gress, including applicable provisions of law ‘‘RULE IV. cials who are the subject of an audit of the or concurrent resolution that constituted ‘‘DUTIES OF THE SERGEANT-AT-ARMS. results of that audit and suggesting appro- rules of the House at the end of the One Hun- priate curative actions; dred Third Congress, together with such ‘‘1. It shall be the duty of the Sergeant-at- ‘‘(c) simultaneously notifying the Speaker, amendments thereto in this resolution as Arms to attend the House during its sittings, the majority leader, the minority leader, and may otherwise have been adopted, are adopt- to maintain order under the direction of the the chairman and ranking minority party ed as the Rules of the House of Representa- Speaker or Chairman, and, pending the elec- member of the Committee on House Over- tives of the One Hundred Fourth Congress, tion of a Speaker or Speaker pro tempore, sight in the case of any financial irregularity with the following amendment: under the direction of the Clerk, execute the discovered in the course of carrying out re- commands of the House, and all processes is- Comprehensive House Audit sponsibilities under this rule; sued by authority thereof, directed to him by ‘‘(d) simultaneously submitting to the During the One Hundred Fourth Congress, the Speaker. Speaker, the majority leader, and the chair- the Inspector General, in consultation with ‘‘2. The symbol of his office shall be the man and ranking minority party member of the Speaker and the Committee on House mace, which shall be borne by him while en- the Committee on House Oversight a report Oversight, shall coordinate, and as needed forcing order on the floor. of each audit conducted under this rule; and contract with independent auditing firms to ‘‘3. He shall enforce strictly the rules relat- ‘‘(e) reporting to the Committee on Stand- complete, a comprehensive audit of House fi- ing to the privileges of the Hall and be re- ards of Official Conduct information involv- nancial records and administrative oper- sponsible to the House for the official con- ing possible violations by any Member, offi- ations, and report the results in accordance duct of his employees. cer, or employee of the House of any rule of with rule VI. ‘‘4. He shall allow no person to enter the the House or of any law applicable to the SEC. 108. The Rules of the House of Rep- room over the Hall of the House during its performance of official duties or the dis- resentatives of the One Hundred Third Con- sittings; and fifteen minutes before the hour charge of official responsibilities which may gress, including applicable provisions of law of the meeting of the House each day he require referral to the appropriate Federal or or concurrent resolution that constituted shall see that the floor is cleared of all per- State authorities pursuant to clause rules of the House at the end of the One Hun- sons except those privileged to remain, and 4(e)(1)(C) of rule X.’’. dred Third Congress, together with such kept so until ten minutes after adjournment. (d) In clause 3 of rule X, strike paragraph amendments thereto in this resolution as ‘‘5. In addition to any other reports re- (j). may otherwise have been adopted, are adopt- quired by the Speaker or the Committee on (e) In clause 4(d) of rule X— ed as the Rules of the House of Representa- House Oversight, the Sergeant-at-Arms shall (1) strike ‘‘Committee on House Adminis- tives of the One Hundred Fourth Congress, report to the Committee on House Oversight tration’’ and insert ‘‘Committee on House with the following amendment: not later than forty-five days following the Oversight’’; Consideration of the ‘‘Congressional close of each semiannual period ending June (2) strike subparagraphs (2) and (3), insert Accountability Act’’ 30 or on December 31 on the financial and ‘‘and’’ after ‘‘House;’’ in subparagraph (1), re- It shall be in order at any time after the operational status of each function under the designate paragraph (4) as paragraph (2), and adoption of this resolution to consider in the jurisdiction of the Sergeant-at-Arms. Each amend paragraph (2), as so redesignated, to House, any rule of the House to the contrary report shall include financial statements, a read as follows: notwithstanding, the bill (H.R. 1) to make description or explanation of current oper- ‘‘(2) providing policy direction for, and certain laws applicable to the legislative ations, the implementation of new policies oversight of, the Clerk, Sergeant-at-Arms, branch of the Federal Government, if offered and procedures, and future plans for each Chief Administrative Officer, and Inspector by the majority leader or a designee. The bill function. General.’’. shall be debatable for not to exceed one hour, ‘‘6. The Sergeant-at-Arms shall fully co- (f) In clause 7 of rule XIV, strike ‘‘Ser- to be equally divided and controlled by the operate with the appropriate offices and per- geant-at-Arms and Doorkeeper are’’ and in- majority leader and the minority leader or sons in the performance of reviews and au- sert ‘‘Sergeant-at-Arms is’’. their designees. The previous question shall dits of financial records and administrative be considered as ordered on the bill to final operations.’’. Changes in Committee System passage without intervening motion except ‘‘RULE V. SEC. 202. (a) THE COMMITTEES AND THEIR one motion to recommit. ‘‘CHIEF ADMINISTRATIVE OFFICER. JURISDICTION.—Clause 1 of rule X of the TITLE II. GENERAL ‘‘1. The Chief Administrative Officer of the Rules of the House of Representatives is amended to read as follows: Resolved, That the Rules of the House of House shall have operational and financial ‘‘1. There shall be in the House the follow- Representatives of the One Hundred Third responsibility for functions as assigned by ing standing committees, each of which shall Congress, including applicable provisions of the Speaker and the Committee on House have the jurisdiction and related functions law or concurrent resolution that con- Oversight, and shall be subject to the policy assigned to it by this clause and clauses 2, 3, stituted rules of the House at the end of the direction and oversight of the Speaker and and 4; and all bills, resolutions, and other One Hundred Third Congress, together with the Committee on House Oversight. matters relating to subjects within the juris- such amendments thereto in this resolution ‘‘2. In addition to any other reports re- diction of any standing committee as listed as may otherwise have been adopted, are quired by the Speaker or the Committee on in this clause shall (in accordance with and adopted as the Rules of the House of Rep- House Oversight, the Chief shall report to subject to clause 5) be referred to such com- resentatives of the One Hundred Fourth Con- the Committee on House Oversight not later mittees, as follows: gress, with the following amendments: than forty-five days following the close of each semiannual period ending on June 30 or ‘‘(a) Committee on Agriculture. Administrative Reforms December 31 on the financial and operational ‘‘(1) Adulteration of seeds, insect pests, and SEC. 201. (a) ABOLITION OF THE OFFICE OF status of each function under the jurisdic- protection of birds and animals in forest re- DOORKEEPER; ELECTION OF CHIEF ADMINISTRA- tion of the Chief. Each report shall include serves. TIVE OFFICER.—In rule II, strike ‘‘Door- financial statements, a description or expla- ‘‘(2) Agriculture generally. keeper’’ each place it appears and insert nation of current operations, the implemen- ‘‘(3) Agricultural and industrial chemistry. ‘‘Chief Administrative Officer’’ . tation of new policies and procedures, and fu- ‘‘(4) Agricultural colleges and experiment (b) ADDITIONAL DUTIES OF CLERK.—In rule ture plans for each function. stations. III (‘‘Duties of Clerk’’), add the following ‘‘3. The Chief shall fully cooperate with the ‘‘(5) Agricultural economics and research. new clauses at the end: appropriate offices and persons in the per- ‘‘(6) Agricultural education extension serv- ‘‘7. In addition to any other reports re- formance of reviews and audits of financial ices. quired by the Speaker or the Committee on records and administrative operations. ‘‘(7) Agricultural production and market- House Oversight, the Clerk shall report to ing and stabilization of prices of agricultural ‘‘RULE VI. the Committee on House Oversight not later products, and commodities (not including than forty-five days following the close of ‘‘OFFICE OF INSPECTOR GENERAL. distribution outside of the United States). each semiannual period ending on June 30 or ‘‘1. There is established an Office of Inspec- ‘‘(8) Animal industry and diseases of ani- on December 31 on the financial and oper- tor General. mals. H 26 CONGRESSIONAL RECORD — HOUSE January 4, 1995 ‘‘(9) Commodities exchanges. member of the Committee on the Budget ‘‘(14) Regulation of interstate and foreign ‘‘(10) Crop insurance and soil conservation. during more than four Congresses in any pe- communications. ‘‘(11) Dairy industry. riod of six successive Congresses (disregard- ‘‘(15) Securities and exchanges. ‘‘(12) Entomology and plant quarantine. ing for this purpose any service performed as ‘‘(16) Travel and tourism. ‘‘(13) Extension of farm credit and farm se- a member of such committee for less than a The committee shall have the same jurisdic- curity. full session in any Congress), except that an tion with respect to regulation of nuclear fa- ‘‘(14) Inspection of livestock, and poultry, incumbent chairman or ranking minority cilities and of use of nuclear energy as it has and meat products, and seafood and seafood member having served on the committee for with respect to regulation of nonnuclear fa- products. four Congresses and having served as chair- cilities and of use of nonnuclear energy. In ‘‘(15) Forestry in general, and forest re- man or ranking minority member of the addition to its legislative jurisdiction under serves other than those created from the committee for not more than one Congress the preceding provisions of this paragraph public domain. shall be eligible for reelection to the com- (and its general oversight functions under ‘‘(16) Human nutrition and home econom- mittee as chairman or ranking minority clause 2(b)(1)), such committee shall have ics. member for one additional Congress. the special oversight functions provided for ‘‘(17) Plant industry, soils, and agricultural ‘‘(2) All concurrent resolutions on the in clause (3)(h) with respect to all laws, pro- engineering. budget (as defined in section 3 of the Con- grams, and Government activities affecting ‘‘(18) Rural electrification. gressional Budget Act of 1974), other matters nuclear and other energy, and nonmilitary ‘‘(19) Rural development. required to be referred to the committee nuclear energy and research and develop- ‘‘(20) Water conservation related to activi- under titles III and IV of that Act, and other ment including the disposal of nuclear waste. ties of the Department of Agriculture. measures setting forth appropriate levels of ‘‘(f) Committee on Economic and Edu- ‘‘(b) Committee on Appropriations. budget totals for the United States Govern- cational Opportunities. ‘‘(1) Appropriation of the revenue for the ment. ‘‘(1) Child labor. support of the Government. ‘‘(3) Measures relating to the congressional ‘‘(2) Columbia Institution for the Deaf, ‘‘(2) Rescissions of appropriations con- budget process, generally. Dumb, and Blind; Howard University; Freed- tained in appropriation Acts. ‘‘(4) Measures relating to the establish- men’s Hospital. ‘‘(3) Transfers of unexpended balances. ment, extension, and enforcement of special ‘‘(3) Convict labor and the entry of goods ‘‘(4) The amount of new spending authority controls over the Federal budget, including made by convicts into interstate commerce. (as described in the Congressional Budget the budgetary treatment of off-budget Fed- ‘‘(4) Food programs for children in schools. Act of 1974) which is to be effective for a fis- eral agencies and measures providing exemp- ‘‘(5) Labor standards and statistics. cal year, including bills and resolutions (re- tion from reduction under any order issued ‘‘(6) Measures relating to education or ported by other committees) which provide under part C of the Balanced Budget and labor generally. new spending authority and are referred to Emergency Deficit Control Act of 1985. ‘‘(7) Mediation and arbitration of labor dis- the committee under clause 4(a). ‘‘(5) The committee shall have the duty— putes. The committee shall include separate head- ‘‘(A) to report the matters required to be ‘‘(8) Regulation or prevention of importa- ings for ‘Rescissions’ and ‘Transfers of Unex- reported by it under titles III and IV of the tion of foreign laborers under contract. pended Balances’ in any bill or resolution as Congressional Budget Act of 1974; ‘‘(9) United States Employees’ Compensa- reported from the committee under its juris- ‘‘(B) to make continuing studies of the ef- tion Commission. diction specified in subparagraph (2) or (3), fect on budget outlays of relevant existing ‘‘(10) Vocational rehabilitation. with all proposed rescissions and proposed and proposed legislation and to report the re- ‘‘(11) Wages and hours of labor. transfers listed therein; and shall include a sults of such studies to the House on a recur- ‘‘(12) Welfare of miners. separate section with respect to such rescis- ring basis; ‘‘(13) Work incentive programs. sions or transfers in the accompanying com- ‘‘(C) to request and evaluate continuing In addition to its legislative jurisdiction mittee report. In addition to its jurisdiction studies of tax expenditures; to devise meth- under the preceding provisions of this para- under the preceding provisions of this para- ods of coordinating tax expenditures, poli- graph (and its general oversight function graph, the committee shall have the fiscal cies, and programs with direct budget out- under clause 2(b)(1)), the committee shall oversight function provided for in clause lays, and to report the results of such studies have the special oversight function provided 2(b)(3) and the budget hearing function pro- to the House on a recurring basis; and for in clause 3(c) with respect to domestic vided for in clause 4(a). ‘‘(D) to review, on a continuing basis, the educational programs and institutions, and ‘‘(c) Committee on Banking and Financial conduct by the Congressional Budget Office programs of student assistance, which are Services. of its functions and duties. within the jurisdiction of other committees. ‘‘(1) Banks and banking, including deposit ‘‘(e) Committee on Commerce. ‘‘(g) Committee on Government Reform insurance and Federal monetary policy. ‘‘(1) Biomedical research and development. and Oversight. ‘‘(2) Bank capital markets activities gen- ‘‘(2) Consumer affairs and consumer protec- ‘‘(1) The Federal Civil Service, including erally. tion. intergovernmental personnel; the status of ‘‘(3) Depository institution securities ac- ‘‘(3) Health and health facilities, except officers and employees of the United States, tivities generally, including the activities of health care supported by payroll deductions. including their compensation, classification, any affiliates, except for functional regula- ‘‘(4) Interstate energy compacts. and retirement. tion under applicable securities laws, not in- ‘‘(5) Interstate and foreign commerce gen- ‘‘(2) Measures relating to the municipal af- volving safety and soundness. erally. fairs of the District of Columbia in general, ‘‘(4) Economic stabilization, defense pro- ‘‘(6) Measures relating to the exploration, other than appropriations. duction, renegotiation, and control of the production, storage, supply, marketing, pric- ‘‘(3) Federal paperwork reduction. price of commodities, rents, and services. ing, and regulation of energy resources, in- ‘‘(4) Budget and accounting measures, gen- ‘‘(5) Financial aid to commerce and indus- cluding all fossil fuels, solar energy, and erally. try (other than transportation). other unconventional or renewable energy ‘‘(5) Holidays and celebrations. ‘‘(6) International finance. resources. ‘‘(6) The overall economy, efficiency and ‘‘(7) International financial and monetary ‘‘(7) Measures relating to the conservation management of government operations and organizations. of energy resources. activities, including Federal procurement. ‘‘(8) Money and credit, including currency ‘‘(8) Measures relating to energy informa- ‘‘(7) National archives. and the issuance of notes and redemption tion generally. ‘‘(8) Population and demography generally, thereof; gold and silver, including the coin- ‘‘(9) Measures relating to (A) the genera- including the Census. age thereof; valuation and revaluation of the tion and marketing of power (except by fed- ‘‘(9) Postal service generally, including the dollar. erally chartered or Federal regional power transportation of the mails. ‘‘(9) Public and private housing. marketing authorities), (B) the reliability ‘‘(10) Public information and records. ‘‘(10) Urban development. and interstate transmission of, and rate- ‘‘(11) Relationship of the Federal Govern- ‘‘(d)(1) Committee on the Budget, consist- making for, all power, and (C) the siting of ment to the States and municipalities gen- ing of the following Members: generation facilities; except the installation erally. ‘‘(A) Members who are members of other of interconnections between Government wa- ‘‘(12) Reorganizations in the executive standing committees, including five Mem- terpower projects. branch of the Government. bers who are members of the Committee on ‘‘(10) Measures relating to general manage- In addition to its legislative jurisdiction Appropriations, and five Members who are ment of the Department of Energy, and the under the preceding provisions of this para- members of the Committee on Ways and management and all functions of the Federal graph (and its oversight functions under Means; Energy Regulatory Commission. clause 2(b) (1) and (2)), the committee shall ‘‘(B) one Member from the leadership of ‘‘(11) National energy policy generally. have the function of performing the duties the majority party; and ‘‘(12) Public health and quarantine. and conducting the studies which are pro- ‘‘(C) one Member from the leadership of ‘‘(13) Regulation of the domestic nuclear vided for in clause 4(c). the minority party. energy industry, including regulation of re- ‘‘(h) Committee on House Oversight. No Member other than a representative from search and development reactors and nuclear ‘‘(1) Appropriations from accounts for com- the leadership of a party may serve as a regulatory research. mittee salaries and expenses (except for the January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 27 Committee on Appropriations), House Infor- ‘‘(15) The American National Red Cross. for in clause 3(a) with respect to inter- mation Systems, and allowances and ex- ‘‘(16) Trading with the enemy. national arms control and disarmament, and penses of Members, House officers and ad- ‘‘(17) United Nations organizations. military dependents education. ministrative offices of the House. In addition to its legislative jurisdiction ‘‘(l) Committee on Resources. ‘‘(2) Auditing and settling of all accounts under the preceding provisions of this para- ‘‘(1) Fisheries and wildlife, including re- described in subparagraph (1). graph (and its general oversight function search, restoration, refuges, and conserva- ‘‘(3) Employment of persons by the House, under clause 2(b)(1)), the committee shall tion. including clerks for Members and commit- have the special oversight functions provided ‘‘(2) Forest reserves and national parks tees, and reporters of debates. for in clause 3(d) with respect to customs ad- created from the public domain. ‘‘(4) Except as provided in clause 1(q)(11), ministration, intelligence activities relating ‘‘(3) Forfeiture of land grants and alien matters relating to the Library of Congress to foreign policy, international financial and ownership, including alien ownership of min- and the House Library; statuary and pic- monetary organizations, and international eral lands. tures; acceptance or purchase of works of art fishing agreements. ‘‘(4) Geological Survey. for the Capitol; the Botanic Gardens; man- ‘‘(j) Committee on the Judiciary. ‘‘(5) International fishing agreements. agement of the Library of Congress; pur- ‘‘(1) The judiciary and judicial proceedings, ‘‘(6) Interstate compacts relating to appor- chase of books and manuscripts. civil and criminal. tionment of waters for irrigation purposes. ‘‘(5) Except as provided in clause 1(q)(11), ‘‘(2) Administrative practice and proce- ‘‘(7) Irrigation and reclamation, including matters relating to the Smithsonian Institu- dure. water supply for reclamation projects, and tion and the incorporation of similar institu- ‘‘(3) Apportionment of Representatives. easements of public lands for irrigation tions. ‘‘(4) Bankruptcy, mutiny, espionage, and ‘‘(6) Expenditure of accounts described in counterfeiting. projects, and acquisition of private lands subparagraph (1). ‘‘(5) Civil liberties. when necessary to complete irrigation ‘‘(7) Franking Commission. ‘‘(6) Constitutional amendments. projects. ‘‘(8) Matters relating to printing and cor- ‘‘(7) Federal courts and judges, and local ‘‘(8) Measures relating to the care and rection of the Congressional Record. courts in the Territories and possessions. management of Indians, including the care ‘‘(9) Measures relating to accounts of the ‘‘(8) Immigration and naturalization. and allotment of Indian lands and general House generally. ‘‘(9) Interstate compacts, generally. and special measures relating to claims ‘‘(10) Measures relating to assignment of ‘‘(10) Measures relating to claims against which are paid out of Indian funds. office space for Members and committees. the United States. ‘‘(9) Measures relating generally to the in- ‘‘(11) Measures relating to the disposition ‘‘(11) Meetings of Congress, attendance of sular possessions of the United States, ex- of useless executive papers. Members and their acceptance of incompat- cept those affecting the revenue and appro- ‘‘(12) Measures relating to the election of ible offices. priations. the President, Vice President, or Members of ‘‘(12) National penitentiaries. ‘‘(10) Military parks and battlefields, na- Congress; corrupt practices; contested elec- ‘‘(13) Patents, the Patent Office, copy- tional cemeteries administered by the Sec- tions; credentials and qualifications; and rights, and trademarks. retary of the Interior, parks within the Dis- Federal elections generally. ‘‘(14) Presidential succession. trict of Columbia, and the erection of monu- ‘‘(13) Measures relating to services to the ‘‘(15) Protection of trade and commerce ments to the memory of individuals. House, including the House Restaurant, against unlawful restraints and monopolies. ‘‘(11) Mineral land laws and claims and en- parking facilities and administration of the ‘‘(16) Revision and codification of the Stat- tries thereunder. House office buildings and of the House wing utes of the United States. ‘‘(12) Mineral resources of the public lands. of the Capitol. ‘‘(17) State and territorial boundaries. ‘‘(13) Mining interests generally. ‘‘(14) Measures relating to the travel of ‘‘(18) Subversive activities affecting the in- ‘‘(14) Mining schools and experimental sta- Members of the House. ternal security of the United States. ‘‘(15) Measures relating to the raising, re- tions. ‘‘(k) Committee on National Security. porting and use of campaign contributions ‘‘(15) Marine affairs (including coastal zone ‘‘(1) Ammunition depots; forts; arsenals; for candidates for office of Representative in management), except for measures relating Army, Navy, and Air Force reservations and the House of Representatives, of Delegate, to oil and other pollution of navigable wa- establishments. and of Resident Commissioner to the United ters. ‘‘(2) Common defense generally. States from Puerto Rico. ‘‘(16) Oceanography. ‘‘(3) Conservation, development, and use of ‘‘(16) Measures relating to the compensa- ‘‘(17) Petroleum conservation on the public naval petroleum and oil shale reserves. tion, retirement and other benefits of the lands and conservation of the radium supply ‘‘(4) The Department of Defense generally, Members, officers, and employees of the Con- in the United States. gress. including the Departments of the Army, ‘‘(18) Preservation of prehistoric ruins and In addition to its legislative jurisdiction Navy, and Air Force generally. objects of interest on the public domain. under the preceding provisions of this para- ‘‘(5) Interoceanic canals generally, includ- ‘‘(19) Public lands generally, including graph (and its general oversight function ing measures relating to the maintenance, entry, easements, and grazing thereon. under clause 2(b)(1)), the committee shall operation, and administration of inter- ‘‘(20) Relations of the United States with oceanic canals. have the function of performing the duties the Indians and the Indian tribes. ‘‘(6) Merchant Marine Academy, and State which are provided for in clause 4(d). ‘‘(21) Trans-Alaska Oil Pipeline. Maritime Academies. ‘‘(i) Committee on International Relations. In addition to its legislative jurisdiction ‘‘(7) Military applications of nuclear en- ‘‘(1) Relations of the United States with under the preceding provisions of this para- ergy. foreign nations generally. graph (and its general oversight function ‘‘(2) Acquisition of land and buildings for ‘‘(8) Tactical intelligence and intelligence related activities of the Department of the under clause 2(b)(1)), the committee shall embassies and legations in foreign countries. have the special oversight functions provided ‘‘(3) Establishment of boundary lines be- Defense. ‘‘(9) National security aspects of merchant for in clause 3(e) with respect to all pro- tween the United States and foreign nations. grams affecting Indians. ‘‘(4) Export controls, including non- marine, including financial assistance for ‘‘(m) Committee on Rules. proliferation of nuclear technology and nu- the construction and operation of vessels, ‘‘(1) The rules and joint rules (other than clear hardware. the maintenance of the U.S. shipbuilding and rules or joint rules relating to the Code of ‘‘(5) Foreign loans. ship repair industrial base, cabotage, cargo Official Conduct), and order of business of ‘‘(6) International commodity agreements preference and merchant marine officers and (other than those involving sugar), including seamen as these matters relate to the na- the House. all agreements for cooperation in the export tional security. ‘‘(2) Recesses and final adjournments of of nuclear technology and nuclear hardware. ‘‘(10) Pay, promotion, retirement, and Congress. ‘‘(7) International conferences and con- other benefits and privileges of members of The Committee on Rules is authorized to sit gresses. the armed forces. and act whether or not the House is in ses- ‘‘(8) International education. ‘‘(11) Scientific research and development sion. ‘‘(9) Intervention abroad and declarations in support of the armed services. ‘‘(n) Committee on Science. of war. ‘‘(12) Selective service. ‘‘(1) All energy research, development, and ‘‘(10) Measures relating to the diplomatic ‘‘(13) Size and composition of the Army, demonstration, and projects therefor, and all service. Navy, Marine Corps, and Air Force. federally owned or operated nonmilitary en- ‘‘(11) Measures to foster commercial inter- ‘‘(14) Soldiers’ and sailors’ homes. ergy laboratories. course with foreign nations and to safeguard ‘‘(15) Strategic and critical materials nec- ‘‘(2) Astronautical research and develop- American business interests abroad. essary for the common defense. ment, including resources, personnel, equip- ‘‘(12) Measures relating to international In addition to its legislative jurisdiction ment, and facilities. economic policy. under the preceding provisions of this para- ‘‘(3) Civil aviation research and develop- ‘‘(13) Neutrality. graph (and its general oversight function ment. ‘‘(14) Protection of American citizens under clause 2(b)(1)), the committee shall ‘‘(4) Environmental research and develop- abroad and expatriation. have the special oversight function provided ment. H 28 CONGRESSIONAL RECORD — HOUSE January 4, 1995 ‘‘(5) Marine research. ‘‘(12) Measures relating to merchant ma- tee on International Relations; the Commit- ‘‘(6) Measures relating to the commercial rine, except for national security aspects of tee on Government Reform and Oversight; application of energy technology. merchant marine. the Committee on House Oversight; the Com- ‘‘(7) National Institute of Standards and ‘‘(13) Measures relating to the purchase of mittee on Resources; and the Committee on Technology, standardization of weights and sites and construction of post offices, cus- Science. measures and the metric system. tomhouses, Federal courthouses, and Gov- (c) The chairman of the Committee on the ‘‘(8) National Aeronautics and Space Ad- ernment buildings within the District of Co- Budget, when elected, may revise (within the ministration. lumbia. appropriate levels established in House Con- ‘‘(9) National Space Council. ‘‘(14) Oil and other pollution of navigable current Resolution 218 of the One Hundred ‘‘(10) National Science Foundation. waters, including inland, coastal, and ocean Third Congress) allocations of budget out- ‘‘(11) National Weather Service. waters. lays, new budget authority, and entitlement ‘‘(12) Outer space, including exploration ‘‘(15) Marine affairs (including coastal zone authority among committees of the House in and control thereof. management) as they relate to oil and other the One Hundred Fourth Congress to reflect ‘‘(13) Science Scholarships. pollution of navigable waters. changes in jurisdiction under clause 1 of rule ‘‘(14) Scientific research, development, and ‘‘(16) Public buildings and occupied or im- X. He shall publish the revised allocations in demonstration, and projects therefor. proved grounds of the United States gen- the Congressional Record. Once published, In addition to its legislative jurisdiction erally. the revised allocations shall be effective in under the preceding provisions of this para- ‘‘(17) Public works for the benefit of navi- the House as though made pursuant to sec- graph (and its general oversight function gation, including bridges and dams (other tions 302(a) and 602(a) of the Congressional under clause 2(b)(1)), the committee shall than international bridges and dams). Budget Act of 1974. have the special oversight function provided ‘‘(18) Related transportation regulatory (d) In clause 8 of rule XXIV, strike ‘‘the for in clause 3(f) with respect to all non- agencies. Committee on the District of Columbia’’ military research and development. ‘‘(19) Roads and the safety thereof. through the end of the sentence and insert: ‘‘(o) Committee on Small Business. ‘‘(20) Transportation, including civil avia- ‘‘(1) Assistance to and protection of small tion, railroads, water transportation, trans- ‘‘the Committee on Government Reform and business, including financial aid, regulatory portation safety (except automobile safety), Oversight, be set apart for the consideration flexibility and paperwork reduction. transportation infrastructure, transpor- of such business relating to the District of ‘‘(2) Participation of small-business enter- tation labor, and railroad retirement and un- Columbia as may be presented by said com- prises in Federal procurement and Govern- employment (except revenue measures relat- mittee.’’. ment contracts. ed thereto). Oversight Reform In addition to its legislative jurisdiction ‘‘(21) Water power. under the preceding provisions of this para- ‘‘(r) Committee on Veterans’ Affairs. SEC. 203. (a) In clause 2 of rule X, add the graph and (its general oversight function ‘‘(1) Veterans’ measures generally. following new paragraphs at the end: under clause 2(b)(1)), the committee shall ‘‘(2) Cemeteries of the United States in ‘‘(d)(1) Not later than February 15 of the have the special oversight function provided which veterans of any war or conflict are or first session of a Congress, each standing for in clause 3(g) with respect to the prob- may be buried, whether in the United States committee of the House shall, in a meeting lems of small business. or abroad, except cemeteries administered that is open to the public and with a quorum ‘‘(p) Committee on Standards of Official by the Secretary of the Interior. present, adopt its oversight plans for that Conduct. ‘‘(3) Compensation, vocational rehabilita- Congress. Such plans shall be submitted si- ‘‘(1) Measures relating to the Code of Offi- tion, and education of veterans. multaneously to the Committee on Govern- cial Conduct. ‘‘(4) Life insurance issued by the Govern- ment Reform and Oversight and to the Com- In addition to its legislative jurisdiction ment on account of service in the Armed mittee on House Oversight. In developing under the preceding provision of this para- Forces. such plans each committee shall, to the max- graph (and its general oversight function ‘‘(5) Pensions of all the wars of the United imum extent feasible— under clause 2(b)(1)), the committee shall States, general and special. ‘‘(A) consult with other committees of the have the functions with respect to rec- ‘‘(6) Readjustment of servicemen to civil House that have jurisdiction over the same ommendations, studies, investigations, and life. or related laws, programs, or agencies within reports which are provided for in clause 4(e), ‘‘(7) Soldiers’ and sailors’ civil relief. its jurisdiction, with the objective of ensur- and the functions designated in titles I and V ‘‘(8) Veterans’ hospitals, medical care, and ing that such laws, programs, or agencies are of the Ethics in Government Act of 1978 and treatment of veterans. reviewed in the same Congress and that sections 7342, 7351, and 7353 of title 5, United ‘‘(s) Committee on Ways and Means. there is a maximum of coordination between States Code. ‘‘(1) Customs, collection districts, and such committees in the conduct of such re- ‘‘(q) Committee on Transportation and In- ports of entry and delivery. views; and such plans shall include an expla- frastructure. ‘‘(2) Reciprocal trade agreements. nation of what steps have been and will be ‘‘(1) Coast Guard, including lifesaving serv- ‘‘(3) Revenue measures generally. taken to ensure such coordination and co- ice, lighthouses, lightships, ocean derelicts, ‘‘(4) Revenue measures relating to the in- operation; and the Coast Guard Academy. sular possessions. ‘‘(B) give priority consideration to includ- ‘‘(2) Federal management of emergencies ‘‘(5) The bonded debt of the United States ing in its plans the review of those laws, pro- and natural disasters. (subject to the last sentence of clause 4(g) of grams, or agencies operating under perma- ‘‘(3) Flood control and improvement of riv- this rule). nent budget authority or permanent statu- ers and harbors. ‘‘(6) The deposit of public moneys. tory authority; and ‘‘(4) Inland waterways. ‘‘(7) Transportation of dutiable goods. ‘‘(C) have a view toward ensuring that all ‘‘(5) Inspection of merchant marine vessels, ‘‘(8) Tax exempt foundations and chari- significant laws, programs, or agencies with- lights and signals, lifesaving equipment, and table trusts. in its jurisdictions are subject to review at fire protection on such vessels. ‘‘(9) National social security, except (A) least once every ten years. ‘‘(6) Navigation and the laws relating health care and facilities programs that are ‘‘(2) It shall not be in order to consider any thereto, including pilotage. supported from general revenues as opposed committee expense resolution (within the ‘‘(7) Registering and licensing of vessels to payroll deductions and (B) work incentive meaning of clause 5 of rule XI), or any and small boats. programs.’’. amendment thereto, for any committee that ‘‘(8) Rules and international arrangements (b) Any reference in the rules of the House has not submitted its oversight plans as re- to prevent collisions at sea. at the end of the One Hundred Third Con- quired by this paragraph. ‘‘(9) Measures relating to the Capitol gress to the following standing committees ‘‘(3) Not later than March 31 in the first Building and the Senate and House office of the House: the Committee on Armed Serv- session of a Congress, after consultation buildings. ices; the Committee on the District of Co- with the Speaker, the majority leader, and ‘‘(10) Measures relating to the construction lumbia; the Committee on Education and the minority leader, the Committee on Gov- or maintenance of roads and post roads, Labor; the Committee on Energy and Com- ernment Reform and Oversight shall report other than appropriations therefor; but it merce; the Committee on Foreign Affairs; to the House the oversight plans submitted shall not be in order for any bill providing the Committee on Government Operations; by each committee together with any rec- general legislation in relation to roads to the Committee on House Administration; the ommendations that it, or the House leader- contain any provision for any specific road, Committee on Natural Resources; and the ship group referred to above, may make to nor for any bill in relation to a specific road Committee on Science, Space and Tech- ensure the most effective coordination of to embrace a provision in relation to any nology; shall be amended to be a reference to such plans and otherwise achieve the objec- other specific road. the following standing committees of the tives of this clause. ‘‘(11) Measures relating to the construction House, respectively: the Committee on Na- ‘‘(e) The Speaker, with the approval of the or reconstruction, maintenance, and care of tional Security; the Committee on Govern- House, may appoint special ad hoc oversight the buildings and grounds of the Botanic ment Reform and Oversight; the Committee committees for the purpose of reviewing spe- Gardens, the Library of Congress, and the on Economic and Educational Opportunities; cific matters within the jurisdiction of two Smithsonian Institution. the Committee on Commerce; the Commit- or more standing committees.’’. January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 29 (b) In clause 1 of rule XI, amend paragraph Elimination of ‘‘Rolling Quorums’’ Automatic Rollcall Votes (d) to read as follows: SEC. 207. In clause 2(l)(2)(A) of rule XI, SEC. 214. In rule XV, add the following new ‘‘(d)(1) Each committee shall submit to the strike ‘‘was actually present’’ and all that clause at the end: House not later than January 2 of each odd- follows through the end of the subdivision ‘‘7. The yeas and nays shall be considered numbered year, a report on the activities of and insert ‘‘was actually present.’’. as ordered when the Speaker puts the ques- that committee under this rule and rule X tion on final passage or adoption of any bill, Limitation on Committees’ Sittings during the Congress ending on January 3 of joint resolution, or conference report mak- such year. SEC. 208. In clause 2 of rule XI, amend para- ing general appropriations or increasing Fed- ‘‘(2) Such report shall include separate sec- graph (i) to read as follows: eral income tax rates, or on final adoption of tions summarizing the legislative and over- ‘‘Limitation on committees’ sittings any concurrent resolution on the budget or sight activities of that committee during conference report thereon.’’. that Congress. ‘‘(i)(1) No committee of the House (except Appropriations Reforms ‘‘(3) The oversight section of such report the Committee on Appropriations, the Com- shall include a summary of the oversight mittee on the Budget, the Committee on SEC. 215. (a) CONSIDERATION OF LIMITATION plans submitted by the committee pursuant Rules, the Committee on Standards of Offi- AMENDMENTS.—In clause 2(d) of rule XXI, to clause 2(d) of rule X, a summary of the ac- cial Conduct, and the Committee on Ways strike ‘‘shall have precedence’’ and insert tions taken and recommendations made with and Means) may sit, without special leave, ‘‘shall, if offered by the majority leader or a respect to each such plan, and a summary of while the House is reading a measure for designee, have precedence’’. any additional oversight activities under- amendment under the five-minute rule. For (b) PROHIBITION AGAINST NON-EMERGENCY taken by that committee, and any rec- purposes of this paragraph, special leave will ITEMS IN EMERGENCY SPENDING BILLS.—In ommendations made or actions taken there- be granted unless ten or more Members ob- clause 2 of rule XXI, add the following new on.’’. ject; and shall be granted upon the adoption paragraph at the end: of a motion, which shall be highly privileged ‘‘(e) No provision shall be reported in any Member Assignment Limits if offered by the majority leader, granting appropriation bill or joint resolution con- SEC. 204. In clause 6(b) of rule X, insert such leave to one or more committees. taining an emergency designation for pur- ‘‘(1)’’ after ‘‘(b)’’ and add the following new ‘‘(2) No committee of the House may sit poses of section 251(b)(2)(D) or section 252(e) subparagraph at the end: during a joint session of the House and Sen- of the Balanced Budget and Emergency Defi- ‘‘(2)(A) No Member, Delegate, or Resident ate or during a recess when a joint meeting cit Control Act, or shall be in order as an Commissioner may serve simultaneously as of the House and Senate is in progress.’’. amendment thereto, if the provision or a member of more than two standing com- amendment is not designated as an emer- Accountability for Committee Votes mittees or four subcommittees of the stand- gency, unless the provision or amendment ing committees of the House, except that ex SEC. 209. In clause 2(l)(2) of rule XI amend rescinds budget authority or reduces direct officio service by a chairman and ranking subdivision (B) to read as follows: spending, or reduces an amount for a des- minority member of a committee on each of ‘‘(B) With respect to each rollcall vote on ignated emergency.’’. its subcommittees by committee rule shall a motion to report any measure or matter of (c) PERMITTING OFFSETTING AMENDMENTS.— not be counted against the limitation on a public character, and on any amendment In clause 2 of rule XXI (as amended by (b) subcommittee service. Any other exception offered to the measure or matter, the total above), add the following new paragraph at to these limitations must be approved by the number of votes cast for and against, and the the end: House upon the recommendation of the re- names of those members voting for and ‘‘(f) During the reading of any appropria- spective party caucus or conference. against, shall be included in the committee tion bill for amendment in the Committee of ‘‘(B) For the purposes of this subparagraph, report on the measure or matter.’’. the Whole, it shall be in order to consider en the term ‘subcommittee’ includes any panel Affirming Minority’s Right on Motions to bloc amendments proposing only to transfer (other than a special oversight panel of the Recommit appropriations among objects in the bill Committee on National Security), task SEC. 210. In clause 4(b) of rule XI, insert be- without increasing the levels of budget au- force, special subcommittee, or any subunit fore the period at the end the following: ‘‘, thority or outlays in the bill. When consid- of a standing committee that is established including a motion to recommit with in- ered en bloc pursuant to this paragraph, such for a cumulative period longer than six structions to report back an amendment oth- amendments may amend portions of the bill months in any Congress.’’. erwise in order (if offered by the minority not yet read for amendment (following the disposition of any points of order against Multiple Referral Reform leader or a designee), except with respect to a Senate bill or resolution for which the text such portions) and shall not be subject to a SEC. 205. In clause 5 of rule X, amend para- demand for division of the question in the graph (c) to read as follows: of a House-passed measure has been sub- stituted’’. House or in the Committee of the Whole.’’. ‘‘(c) In carrying out paragraphs (a) and (b) (d) LISTING OF UNAUTHORIZED APPROPRIA- with respect to any matter, the Speaker Waiver Policy for Special Rules TIONS IN REPORTS.—In clause 3 of rule XXI, shall designate a committee of primary ju- SEC. 211. In clause 4 of rule XI, add the fol- insert before the period the following: ‘‘, and risdiction; but also may refer the matter to lowing new paragraph at the end: shall contain a list of all appropriations con- one or more additional committees, for con- ‘‘(e) Whenever the Committee on Rules re- tained in the bill for any expenditure not sideration in sequence (subject to appro- ports a resolution providing for the consider- previously authorized by law (except for priate time limitations), either on its initial ation of any measure, it shall, to the maxi- classified intelligence or national security referral or after the matter has been re- mum extent possible, specify in the resolu- programs, projects, or activities)’’. ported by the committee of primary jurisdic- tion the object of any waiver of a point of (e) AUTOMATIC RESERVATION OF POINTS OF tion; or may refer portions of the matter to order against the measure or against its con- ORDER.—In rule XXI, add the following new one or more additional committees (reflect- sideration.’’. clause at the end: ing different subjects and jurisdictions) for ‘‘8. At the time any appropriation bill is the consideration only of designated por- Prohibition on Delegate Voting in Committee reported, all points of order shall be consid- tions; or may refer the matter to a special ad of the Whole ered as reserved.’’. hoc committee appointed by the Speaker SEC. 212. (a) In rule XII, strike clause 2 and Ban on Commemoratives with the approval of the House (with mem- the designation of the remaining clause. bers from the committees having jurisdic- (b) In clause 1 of rule XXIII, strike ‘‘, Resi- SEC. 216. (a) In rule XXII— tion) for the specific purpose of considering dent Commissioner, or Delegate’’. (1) amend clause 2 by inserting ‘‘(a)’’ after that matter and reporting to the House (c) In clause 2 of rule XXIII, strike para- ‘‘2.’’ and by adding the following new para- thereon; or may make such other provisions graph (d). graph at the end: as may be considered appropriate.’’. ‘‘(b)(1) No bill or resolution, and no amend- Accuracy of the Congressional Record ment to any bill or resolution, establishing Accuracy of Committee Transcripts SEC. 213. In rule XIV, add the following new or expressing any commemoration may be SEC. 206. In clause 2(e)(1) of rule XI, amend clause at the end: introduced or considered in the House. the first sentence to read as follows: ‘‘Each ‘‘9. (a) The Congressional Record shall be a ‘‘(2) For purposes of this paragraph, the committee shall keep a complete record of substantially verbatim account of remarks term ‘commemoration’ means any remem- all committee action which shall include— made during the proceedings of the House, brance, celebration, or recognition for any ‘‘(A) in the case of any meeting or hearing subject only to technical, grammatical, and purpose through the designation of a speci- transcript, a substantially verbatim account typographical corrections authorized by the fied period of time.’’. of remarks actually made during the pro- Member making the remarks involved. (2) amend clause 3 by striking ‘‘or private ceedings, subject only to technical, gram- ‘‘(b) Unparliamentary remarks may be de- bill’’ and inserting ‘‘or bill or resolution’’. matical, and typographical corrections au- leted only by permission or order of the (b) The Committee on Government Reform thorized by the person making the remarks House. and Oversight shall consider alternative involved; and ‘‘(c) This clause establishes a standard of means for establishing commemorations, in- ‘‘(B) a record of the votes on any question conduct within the meaning of clause cluding the creation of an independent or Ex- on which a rollcall vote is demanded.’’. 4(e)(1)(B) of rule X.’’. ecutive branch commission for such purpose, H 30 CONGRESSIONAL RECORD — HOUSE January 4, 1995 and to report to the House any recommenda- ing served on the select committee for four (d) PROHIBITION AGAINST MEMBERS’ USE OF tions thereon. Congresses and having served as chairman or PERSONAL, ELECTRONIC OFFICE EQUIPMENT ON Numerical Designation of Amendments ranking minority member for not more than HOUSE FLOOR.—In clause 7 of rule XIV, insert one Congress shall be eligible for reappoint- SEC. 217. In clause 6 of rule XXIII, add the ‘‘or to use any personal, electronic office following new sentence at the end: ‘‘All ment to the select committee as chairman or equipment (including cellular phones and amendments to a specified measure submit- ranking minority member for one additional computers)’’ after ‘‘to smoke’’. ted for printing in that portion of the Record Congress.’’. (e) SPEAKER’S AUTHORITY TO REDUCE TO shall be given numerical designations in the (d) In clause 2(a) of rule XLVIII— FIVE-MINUTES A VOTE FOLLOWING A PREVIOUS order printed.’’. (1) insert the following before the period in QUESTION VOTE.—In clause 5(b) of rule XV, subparagraph (1): ‘‘, and the National For- Pledge of Allegiance amend subparagraph (1) to read as follows: eign Intelligence Program as defined in sec- ‘‘(1) after a rollcall vote has been ordered SEC. 218. In clause 1 of rule XXIV— tion 3(6) of the National Security Act of on a motion for the previous question, on (a) insert after the second order of business 1947’’; any underlying question that follows with- the following new order of business: ‘‘Third. (2) strike all after ‘‘but not limited to,’’ in out intervening business;’’. The Pledge of Allegiance to the Flag.’’; and subparagraph (2) and insert the following: (f) CLERICAL CORRECTIONS.— (b) redesignate succeeding orders accord- ‘‘the tactical intelligence and intelligence- (1) In clause 3 of rule III, insert ‘‘; and’’ be- ingly. related activities of the Department of De- fore ‘‘certify’’. Discharge Petitions fense.’’. (2) In clause 2(l)(1)(B) of rule XI, strike SEC. 219. In clause 3 of rule XXVII, insert (3) amend subparagraph (4) to read as fol- ‘‘does not apply to the reporting’’ and all the following three new sentences after the lows: that follows through ‘‘subdivision (C) and’’. fifth sentence: ‘‘The Clerk shall cause the ‘‘(4) Authorizations for appropriations, (g) SPECIAL RULE FOR BILL SPONSORSHIP ON names of the Members who have signed a dis- both direct and indirect, for the following: OPENING DAY.—In the One Hundred Fourth charge motion during any week to be pub- ‘‘(A) The Central Intelligence Agency, Di- Congress, each of the first 20 bills introduced lished in a portion of the Congressional rector of Central Intelligence, and the Na- in the House (H.R. 1 through H.R. 20), and Record designated for that purpose on the tional Foreign Intelligence Program as de- each of the first two joint resolutions intro- last legislative day of that week. The Clerk fined in section 3(6) of the National Security duced in the House (H.J. Res. 1 and H.J. Res. shall make available each day for public in- Act of 1947. 2), may have more than one Member re- spection in an appropriate office of the ‘‘(B) Intelligence and intelligence-related flected as a first sponsor. House cumulative lists of such names. The activities of all other departments and agen- The SPEAKER pro tempore (Mr. cies of the Government, including, but not Clerk shall devise a means by which to make WALKER). Pursuant to House Resolu- such lists available to offices of the House limited to, the tactical intelligence and in- telligence-related activities of the Depart- tion 5, the resolution is initially debat- and to the public in electronic form.’’. able for 30 minutes. Protection of Classified Materials ment of Defense. ‘‘(C) Any department, agency, or subdivi- The gentleman from Texas [Mr. SEC. 220. In rule XLIII (‘‘Code of Official sion, or program that is a successor to any ARMEY] will be recognized for 15 min- Conduct’’) insert the following new clause agency or program named or referred to in utes, and the gentleman from Michigan before the two undesignated paragraphs at subdivision (A) or (B).’’. the end: [Mr. BONIOR] will be recognized for 15 ‘‘13. Before any Member, officer, or em- Abolition of Legislative Service minutes. ployee of the House of Representatives may Organizations The Chair recognizes the gentleman have access to classified information, the SEC. 222. The establishment or continu- from Texas [Mr. ARMEY]. following oath (or affirmation) shall be exe- ation of any legislative service organization Mr. ARMEY. Mr. Speaker, I yield cuted: (as defined and authorized in the One Hun- myself 4 minutes. ‘I do solemnly swear (or affirm) that I will dred Third Congress) shall be prohibited in (Mr. ARMEY asked and was given the One Hundred Fourth Congress. The Com- not disclose any classified information re- permission to revise and extend his re- ceived in the course of my service with the mittee on House Oversight shall take such House of Representatives, except as author- steps as are necessary to ensure an orderly marks.) ized by House of Representatives or in ac- termination and accounting for funds of any Mr. ARMEY. Mr. Speaker, this is a cordance with its Rules.’ legislative service organization in existence gratifying day for America, a day of Copies of the executed oath shall be retained on January 3, 1995. hope and promise for our country. And by the Clerk of the House as part of the Miscellaneous Provisions and Clerical so it is with a profound sense of honor records of the House.’’. Corrections that I offer, on behalf of the Repub- Select Committee on Intelligence SEC. 223. (a) SPEAKER’S AUTHORITY TO lican Members of the House, this pro- SEC. 221. (a) In clause 1(a) of rule XLVIII POSTPONE VOTES.—In clause 5(b)(1) of rule I, posed set of rules for the 104th Con- (relating to the Permanent Select Commit- amend the matter after ‘‘questions listed gress. tee on Intelligence) strike ‘‘nineteen Mem- herein:’’ to read as follows: I am very proud of this rules pack- bers with representation to’’ and insert ‘‘six- ‘‘(A) the question of adopting a resolution; age. I believe it will dramatically teen Members, of whom not more than nine ‘‘(B) the question of passing a bill; may be from the same party. The select com- ‘‘(C) the question of agreeing to a motion alter—and I predict improve—the way mittee shall’’. to instruct conferees as provided in clause in which the House conducts the Amer- (b)(1) In clause 1(b) of rule XLVIII, insert 1(c) of rule XXVIII: Provided, however, That ican people’s business. ‘‘(1)’’ after ‘‘(b)’’, strike ‘‘majority leader’’, proceedings shall not resume on said ques- The distinguished chairman of the and insert ‘‘Speaker’’. tion if the conferees have filed a report in Rules Committee, Mr. SOLOMON, and (2) In clause 1(b) of rule XLVIII, add the the House; others will offer more detailed expla- following new subparagraph at the end: ‘‘(D) the question of agreeing to a con- nations of the provisions. Allow me at ‘‘(2) The Speaker and minority leader each ference report; this point simply to sketch for you our may designate a member of their leadership ‘‘(E) the question of ordering the previous staff to assist them in their capacity as ex question on a question described in subdivi- three principal goals—responsibility, officio members, with the same access to sion (A), (B), (C), or (D); and reform, and renewal. committee meetings, hearings, briefings, and ‘‘(F) the question of agreeing to a motion Our first goal is greater responsibil- materials as if employees of the select com- to suspend the rules.’’. ity with the people’s money. We will mittee, and subject to the same security (b) OFFICE OF FLOOR ASSISTANTS.—There is reduce the size and cost of a Congress clearance and confidentiality requirements established in the House of Representatives that has grown unchecked for too as employees of the select committee under an office to be known as the Speaker’s Office many years. We will slash the number this rule.’’. for Legislative Floor Activities. The Speaker of committees and subcommittees, and (3) In clause 7(c) of rule XLVIII, strike sub- shall appoint and set the annual rate of pay paragraph (3). for employees of the Office. The Office shall reduce committee staff by a third, sav- (c) In clause 1 of rule XLVIII, amend para- have the responsibility of assisting the ing taxpayers about $40 million a year. graph (c) to read as follows: Speaker in the management of legislative ‘‘(c) No Member of the House other than floor activity. b 1650 the Speaker and the minority leader may (c) VICE CHAIRMAN OF COMMITTEE.—In We will stop the funding of 28 special- serve on the select committee during more clause 2(d) of rule XI— interest caucuses that cost $5 million a than four Congresses in any period of six suc- (1) strike ‘‘The member’’ and insert ‘‘A cessive Congresses (disregarding for this pur- member’’; and year. And we have even managed to pose any service for less than a full session (2) strike ‘‘ranking immediately after the save $300,000 a year by ending so-called in any Congress), except that the incumbent chairman’’ and insert ‘‘designated by the commemorative legislation like Na- chairman or ranking minority member hav- chairman of the full committee’’. tional Pizza and Pasta Day. January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 31 It’s time for truth in budgeting. Mr. Speaker, I reserve the balance of American people last November—in- From now on, in the budget process, my time. deed, a Contract With America that when we speak of a spending cut, we Mr. BONIOR. Mr. Speaker, I yield 2 was signed by the new majority—to re- will mean an actual cut in spending, minutes to the distinguished gen- store, renew, and reform the people’s not just a smaller increase. tleman from South Carolina [Mr. House. Over on the other side of the Capitol, SPRATT], a member of the leadership. The resolution before us today, our Senate colleagues actually have a (Mr. SPRATT asked and was given adopting the Rules of the House for the rule requiring a super-majority to cut permission to revise and extend his re- 104th Congress, is the initial fulfill- taxes. Well, is it not about time we put marks.) ment of that Contract With America. our thumb on the spending-cut side of Mr. SPRATT. Mr. Speaker, I thank It makes the most sweeping and com- the scale? House rules will now require the gentleman for yielding. prehensive reform of this House in the a three-fifths majority to raise taxes. The previous Member just described last half century. Our second goal is reform. We want this as a day of promise, a day for rais- It brings back to the people’s House to make the House more accountable ing standards of this institution, and the intangible words, ‘‘openness, fair- to the American people. We are throw- this is a historic occasion. We will miss ness, and accountability.’’ ing open the shutters and letting the a historic, major opportunity to But, even more importantly, by set- sun shine in on committee meetings. change the way this institution of the ting the example of substantially re- We are banning proxy voting and so- Congress is perceived if we do not add ducing the committees and staff of the called rolling quorums. to this rules package before us the ban Congress, we begin the process of This way, Members of Congress will on gifts from lobbyists which this shrinking the size and power of the devote more energy to their all-impor- House passed just months ago by an Federal Government. tant committee work, knowing that, overwhelming vote of 315 to 111. What we are proposing today in this from now on, they will have to be phys- There are many things in this pack- resolution is unprecedented, both in ically present to cast votes on behalf of age, this rules proposal, that I can and form and in substance. Instead of the their constituents, rather than delegat- will gladly support. Let us be frank usual 1 hour of debate on this resolu- 1 ing that high privilege. about it: Committee proxy voting, tion, we have committed to 3 ⁄2 hours of super majorities, baseline budgeting, debate. Instead of the usual single vote And we are making the CONGRES- this is Capitol Hill jargon. Some people on this resolution, we have committed SIONAL RECORD a true verbatim tran- out in the country get it; most do not, to nine separate votes. script of debate, instead of ‘‘revisionist and most could care less. But every- After this initial general debate pe- history’’ Members can totally rewrite body understands what gifts from lob- riod of 30 minutes, we will proceed to after the fact. byists is all about. That is why we got debate for 20 minutes each on the eight Our third goal, Mr. Speaker, is re- 315 votes for it the last time it was be- opening day reforms contained in our newal. We hope to promote a renewal fore the House. Contract With America, followed by a of respect for this historic institution. If we want to open up this institu- separate vote on each. And that begins with a renewal of re- tion, if we want to freshen its image, Those reforms include— spect for the people who sent us here. redeem its reputation among the First, a comprehensive reform of our It begins with a Congress that obeys American people, then we need to sever committee system, including a one- the same laws it imposes on private the ties, real and perceived, between third cut in committee staff, a reduc- citizens. those who work inside this institution tion of over 20 subcommittees, and a Renewal means more accountability and represent the people as a whole, consolidation of committee staff fund- on the part of those entrusted with and those who work Congress from the ing into a publicly disclosed, 2-year power. And that’s why we impose a outside, the lobbyists, Gucci Gulf, the funding resolution; healthy, 6-year term limit on commit- lobbyists who represent special inter- Second, a truth-in-budgeting baseline tee chairmen. ests and limited numbers of people. reform provision that measures next We also feel—and I know you enthu- Just a few months ago this ban on year’s budget against this year’s spend- siastically concur, Mr. Speaker—that gifts from lobbyists was good enough ing levels instead of inflated baseline there should be an 8-year term limit on for 315 Members. The provisions that spending levels; the Speaker, the same number of years some found problematic then that Third, a four-term limit on the allowed the President. dealt with grassroots lobbying were Speaker of the House, and three-term Allow me to end on a personal note. purged from the Democratic proposal limit on committee and subcommittee I would love to see bipartisan support today. We did add one provision that is chairmen; for these rules, because this is not a contentious. It would limit, not ban, Fourth, a ban on proxy or ghost vot- Republican House. This was not pre- limit the amount of royalties that a ing in committees; viously a Democratic House. This is Member could earn while sitting as a Fifth, a committee sunshine rule to the American people’s House, and we Member of this House on publications ensure that all committee meetings must restore their faith in this historic written while he is sitting. But the and hearings are open to the public and and honorable institution. limit is a third of your salary while the media; The SPEAKER pro tempore (Mr. serving here, which is a generous dis- Sixth, a required three-fifths vote on WALKER). The Chair would remind all pensation for full-time Members who any bill increasing income tax rates, persons in the gallery that they are are paid full-time salaries. With such and a prohibition against retroactive here as guests of the House and that enormous support, 315 yeas, why not tax increases; any manifestation of approval or dis- vote on this package today and make it Seventh, a comprehensive audit of all approval of proceedings is a violation the rule of the House from day one? House books to ferret out past waste, of the rules of the House. Mr. ARMEY. Mr. Speaker, I yield the fraud, and abuse in this House so that The gentleman from Texas may pro- balance of my time to the distin- we can operate this House in the future ceed. guished gentleman from New York [Mr. in an open and fiscally sound manner; Mr. ARMEY. I repeat, we must re- SOLOMON], chairman of the Committee and store their faith in this historic and on Rules. Eighth, the consideration of a bill honorable institution. (Mr. SOLOMON asked and was given that will make the Congress subject to I hope today will set a standard for a permission to revise and extend his re- the same laws that now apply to the more cooperative, more idea-driven marks and to include extraneous mate- private sector. process in which our first and highest rial.) Mr. Speaker, following the debate consideration is always the people’s Mr. SOLOMON. Mr. Speaker, I yield and votes on those opening day con- business. myself such time as I may consume. tract items, we will proceed for an ad- I urge all of my colleagues to vote Mr. Speaker, a new day is here. ditional 20 minutes to debate and then ‘‘yes’’ on these historic rules on this Today we begin the first stage of a vote on title II of this resolution which historic day. commitment that was made to the contains 23 additional reforms of this H 32 CONGRESSIONAL RECORD — HOUSE January 4, 1995 House which have been long overdue, tee, for more than three consecutive Con- ad hoc oversight committees, subject to including—comprehensive reform of gresses (excluding any service for less than a House approval, for specific oversight the administrative structure of the session in a Congress). projects from committees sharing jurisdic- House; a reduction in the number of Sec. 104. Proxy Voting Ban: No vote could tion. be cast by proxy on any committee or sub- committees and an overhaul of their Sec. 204. Member Assignment Limits: No committee thereof. Member could have more then two standing jurisdictions; a requirement for more Sec. 105. Committee Sunshine Rules: Com- committee and four subcommittee assign- comprehensive oversight of the execu- mittee meetings, which can now be closed for ments (except committee chairman and tive branch by our committees; a publi- any reason, could only be closed by majority ranking minority members could serve as ex cation of all committee rollcall votes; rollcall vote if disclosure would endanger na- officio members of all subcommittees of a reform of our appropriations process; tional security, compromise sensitive law their committees). Any exception to the as- a requirement that our CONGRESSIONAL enforcement information, or tend to defame, signment limits must be approved by the RECORD and committee transcripts be degrade or incriminate any person. Broad- House upon the recommendation of the re- an accurate account of words actually cast coverage of any committee or sub- spective party caucus or conference. committee meeting or hearing open to the Sec. 205. Multiple Bill Referral Reform: spoken; a ban on so-called commemo- public would be a right (not requiring a vote rative bills; and a ban on taxpayer- The joint referral of bills to two or more of approval as at present). committees would be prohibited. The speak- funded special interest caucuses. Sec. 106. Limitations on Tax Increases: (a) er would designate a committee of primary Mr. Speaker, I could go on and dis- No bill, joint resolution, amendment or con- jurisdiction when a bill is introduced, may cuss the many other reform items in ference report carrying an income tax rate refer parts of bills to appropriate commit- this rules resolution, but, in the inter- increase, could be considered as passed or tees, and may sequentially refer bills, either est of allowing other Members to par- agreed to unless so determined by a vote of upon introduction or after the primary com- ticipate in this debate, I reserve the at least three-fifths of the House. (b) No mittee has reported, subject to time limits measure of amendment could be considered balance of my time. for reporting. that contains a retroactive income tax rate Sec. 206. Accuracy of Committee Tran- A CONTRACT FOR A NEW HOUSE increase. scripts: Committee hearing and meeting (A section-by-section summary of H. Res. —, Sec. 107. Comprehensive House Audit: The transcripts shall be a substantially verbatim adopting the Rules of the House for the Inspector General would be authorized to account of remarks made during proceed- 104th Congress, to be offered by the Major- contract with one or more independent au- ings, subject only to technical grammatical, ity Leader, or a designee.) diting firms to conduct a comprehensive and typographical corrections authorized by The Rules of the House of the 103rd Con- audit of House financial records, physical as- the person making the remarks involved. gress would be adopted as the rules for the sets, and operational facilities. Sec. 207. Elimination of ‘‘Rolling 104th Congress together with the following Sec. 108. Consideration of ‘‘Congressional Quorums’’: The existing ‘‘rolling quorum’’ amendments: Accountability Act’’: The majority leader, or rule which allows drop-by voting to report TITLE I. CONTRACT WITH AMERICA: A BILL OF a designee, would be authorized to call up for measures and permits less than a quorum to ACCOUNTABILITY consideration on Jan. 4, 1995, a bill (H.R. 1), report if no point of order is raised, would be the ‘‘Congressional Accountability Act of [Note: Each section below in Title I would repealed. 1995,’’ subject to one-hour of debate in the be under a separate introductory paragraph Sec. 208. Prohibition on Committee Meet- House, divided equally between the majority adopting House Rules from the 103rd Con- ings During House Consideration of Amend- leader and minority leader, or their des- gress as the Rules of the 104th Congress with ments: No Committee (except the Commit- ignees, and to one motion to recommit. the additional amendment(s) in the section, tees on Appropriations, Rules, Standards and thereby permitting a division of the question TITLE II. GENERAL Ways and Means) could sit while the House is and separate debate and vote on each of the Sec. 201. House Administrative Reforms: reading a measure for amendment under the 8 Contract items. The 23 items in Title II, on The Office of Doorkeeper would be abolished five-minute rule without special leave the other hand, would be subject to a single and its functions transferred to the Ser- (which shall be granted unless 10 members vote.] geant-at-Arms. A Chief Administrative Offi- object), or unless upon the adoption of a mo- Sec. 101. Committee, Subcommittee and cer, elected by the House, would replace the tion offered by the majority leader which Staff Reforms: Committee staff in the 104th Director of Financial and Non-Legislative shall be privileged. No committee could sit Congress is reduced by at least one-third Services. The authority of the Inspector while the House and Senate are meeting in from comparable levels in the 103rd Con- General would be broadened to audit all joint session or when a joint meeting of the gress. No committee could have more than 5 House functions and to refer possible viola- House and Senate is in progress. subcommittees (except Appropriations which tions of rules or law to the ethics committee Sec. 209. Accountability for Committee could have no more than 13; Government Re- for action or possible referral to the appro- Votes: Committee reports on any bill or form and Oversight, no more than 7; and priate Federal or State authorities. other matter would include the names of Transportation and Infrastructure, no more Sec. 202. Changes in Committee System: those voting for and against on rollcall votes than 6). Statutory and investigative staff The Committees on Post Office and Civil on any amendments or on the motion to re- salary authorization levels would be consoli- Service, and the District of Columbia would port a measure. dated in a single, 2-year committee expense be abolished and their jurisdiction trans- Sec. 210. Affirming Minority’s Rights on resolution (except for the Committee on Ap- ferred to the Committee on Government Re- Motions to Recommit: The Rules Committee propriations). The distinction between pro- form and Oversight; the Committee on Mer- could not report a special rule denying the fessional and clerical staff would be elimi- chant Marine and Fisheries would be abol- minority the right to offer amendatory in- nated while retaining the overall core staff ished and its jurisdiction transferred to the structions in a motion to recommit if offered of 30 for each committee (20-majority, 10-mi- committees on National Security, Resources, by the minority leader or a designee. nority, or a one-third guarantee to the mi- and Transportation and Infrastructure. The Sec. 211. Waiver Policy for Special Rules: nority if less than 30). Committee chairmen Committee on Budget would be given shared The Committee on Rules would be required, would be required to ensure that sufficient legislative jurisdiction over certain budg- to the maximum extent possible, to specify staff is made available to each subcommittee etary legislation. Term limits for members in any special rule providing for the consid- to exercise its responsibilities under com- of the Budget Committee would be changed eration of a measure any provisions of House mittee rules, including fair treatment to the from three-terms in any five Congresses to rules being waived. minority in subcommittee staffing. Interim four-terms in any six Congresses. Other com- Sec. 212. Prohibition on Delegate Voting in funding authority for House committees, mittees would be renamed and jurisdictions Committee of Whole: The Resident Commis- consistent with planned staff reductions, transferred. sioner of Puerto Rico and the Delegates from would be provided pending the adoption of Sec. 203. Oversight Reform: Committees Guam, Virgin Islands, American Samoa and the primary expense resolution for 1995–96. would be required to adopt oversight plans the District of Columbia could not vote in or Sec. 102. Truth-in-Budgeting Baseline Re- for the Congress and submit them to the preside over the Committee of the Whole. form: Cost estimates in committee reports Committee on House Oversight and Govern- Sec. 213. Accuracy of Congressional would include a comparison of total esti- ment Reform and Oversight by Feb. 15th of Record: The Congressional Record would be a mated funding for the program(s) to the ap- the first session. The Committee on House verbatim account of proceedings, subject propriate levels under current law. Oversight and Government Reform and Over- only to technical, grammatical and typo- Sec. 103. Term Limits for Speaker, Com- sight would report the plans to the House by graphical corrections by the Member speak- mittee and Subcommittee Chairmen: Begin- March 31st together with any recommenda- ing. Unparliamentary remarks may be de- ning with the 104th Congress: (a) No person tions of the committee or joint leadership to leted only by unanimous consent or order of could serve as Speaker for more than four ensure maximum coordination. Committees the House. consecutive Congresses (disregarding any would be required to include an oversight Sec. 214. Automatic Roll Call Votes: Auto- service for less than a session). (b) No Mem- section in their final activity reports report- matic roll call votes would be required on ber could be the chairman of any committee, ing on the implementation of their plans. final passage of bills making appropriations, or of the same subcommittee of a commit- The Speaker would be authorized to appoint raising taxes, and conference reports there- January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 33 on; and on final adoption of budget resolu- zation (as defined and authorized by regula- 5 of rule XI (‘‘Committee Expenses’’) in two tions and their conference reports. tion in the 103rd Congress) would be prohib- important respects. First, it requires that all Sec. 215. Appropriations Reforms: Limita- ited in the 104th Congress. The Committee committee staff salaries and expenses be au- tion amendments could be offered to appro- on House Oversight would be directed to thorized in an expense resolution reported by priations bills at the end of the regular take necessary steps to ensure the orderly the Committee on House Oversight. At amendment process without having to first termination and accounting for funds of present, only investigative staff salaries and defeat the motion to rise and report. A mo- LSOs in existence on Jan. 4, 1995. expenses are funded through expense resolu- tion to rise could only be offered by the ma- Sec. 223. Miscellaneous Provisions and tions while so-called statutory staff (see jority leader (or a designee) if limitation Clerical Corrections: The Speaker’s author- amendments to rule XI clause 6 below), are amendments are still pending. Non-emer- ity to postpone votes on certain matters paid for directly from appropriations. gency items could not be reported or offered would include postponing the previous ques- Second, the subsection provides for one as amendments to emergency spending bills tion vote on those matters. The Speaker’s primary expense resolution per Congress in- (except to rescind budget authority or reduce authority to reduce time for voting to 5-min- stead of one each session. This is the system direct spending to pay for the emergency utes after a 15-minute vote on the previous currently in effect in the Senate. The pur- benefits). Off-setting, deficit neutral amend- question would extend to any previous ques- pose for the biennial resolution is to permit ments could be offered en bloc to any appro- tion vote (currently applies only to previous priations measure. Reports on all appropria- question vote on special rules from the Rules committee to plan for a full Congress and to tions bills would be required to include not Committee). There would be established a free-up the time otherwise consumed by the only a listing of legislative provisions con- Speaker’s Office for Legislative Floor Activi- House and its committees on processing two tained in the measures (as presently re- ties, with employees to be appointed by the budgets per Congress. quired), but of all unauthorized activities Speaker to assist in the management of leg- The ability of committees to request addi- being funded by the measure (except for clas- islative floor activity. The Chairman of a tional or supplemental expense resolutions sified intelligence or national security pro- committee could designate any member of in a Congress is preserved. The only commit- grams). Points of order would automatically the committee or a subcommittee as the vice tee exempted from this consolidated funding be reserved against an appropriations bill chairman of the committee or subcommit- process will be Appropriations which has when filed. tee. Members would be prohibited from using been traditionally exempt to avoid undue Sec. 216. Ban on Commemoratives: No bill, any personal, electronic office equipment pressures on its funding decisions. The Budg- resolution or amendment could be intro- (including cellular phones, and laptop com- et Committee, which has been exempt from duced or considered in the House that estab- puters) on the House floor. Certain specified, the funding process since its formation in lishes or expresses any commemoration (de- priority measures introduced on Jan. 4, 1995, 1975, would be brought under the funding fined as any remembrance, celebration or could have more than one prime sponsor. process by this rule change. recognition for any purpose) for a specified SECTION-BY-SECTION ANALYSIS OF HOUSE The resolution contains a free-standing, in- time period (e.g., day, week, month). The RULES RESOLUTION terim funding rule for committees until Committee on Government Reform and Over- (H. Res.——, Adopting House Rules, 104th their expense resolutions are adopted. This sight would be directed to consider alter- Congress, January 5, 1995) permits committees to incur expenses con- native means of establishing commemora- TITLE I. CONTRACT WITH AMERICA: A BILL OF sistent with their planned staff reductions. tions, such as an independent or Executive ACCOUNTABILITY Clause 5(d) of rule XI is amended to require Branch Commission, and to report to the Title I of the resolution contains eight sec- that committee chairmen make available to House any recommendations. each subcommittee sufficient staff to carry Sec. 217. Numerical Designation of Amend- tions relating to the ‘‘Opening Day Check- list’’ of House reforms contained in the out its responsibilities under committee ments Submitted for Record: Amendments rules, and that the minority is treated fairly submitted for the amendments section of the ‘‘Contract with America.’’ Each section is preceded by an identical introductory para- in the appointment of subcommittee staff. Congressional Record for any bill would be graph adopting the rules of the previous Con- This replaces an existing provision which en- given numerical designations in the order gress together with the amendment(s) in titles each subcommittee chairman and printed for that bill to facilitate easy ref- that section in order to permit a division of ranking minority member to appoint one erence by Members and committees. the question vote on each section. staff person at a rate of pay up to 75% of the Sec. 218. Pledge of Allegiance: The Pledge Sec. 101. Committee, Subcommittee and maximum allowable for committee staff. of Allegiance would be required in the House Staff Reforms: (a) Committee staff reduc- It is the intent of this provision to reestab- as the third order of business each day. tions.—Subsection (a) requires that the num- lish the primacy of committees over sub- Sec. 219. Discharge Petitions: The Clerk ber of House committee staff in the 104th committees while maintaining the ability of would be required to publish the names of Congress be at least one-third less than the subcommittees to carry out their functions new signers of discharge petitions in the last corresponding total in the 103rd Congress. It as arms of the parent committee. Nothing in Congressional Record of each week and make is the intent of the resolution that this re- available to the public through an appro- this rule would prevent a committee chair- duction be achieved at the outset of the new man from allowing a subcommittee chair- priate office the current names of signers on Congress. The Committee on House Over- a daily basis. The Clerk shall also devise a man to nominate a staff member for ap- sight will be responsible for overseeing the proval, either as a matter of policy or com- system for making the names of signers reductions and enforcing them through the available to House offices and the public mittee rule. But, it places ultimate author- committee funding process. ity over all committee staff in the full com- through electronic form. (b) Subcommittee reductions.—Subsection Sec. 220. Protection of Classified Materials: mittee chairman and restores the line of re- (b) replaces clause 6(d) of House rule X which sponsibility of all such staff to the full com- The Code of Official Conduct would be currently requires all committee having amended to require that, prior to having ac- mittee. more than 20 members to establish at least Subsection (d) amends clause 6 of rule XI cess to any classified materials, Members, four subcommittees. In its place, the new officers and employees take an oath not to (‘‘Committee Staffs’’) in several respects. paragraph requires that committees estab- First, it eliminates the distinction between disclose such materials except as authorized lish no more than six subcommittees. The professional and clerical staff so that all 30 by the House or its Rules. only exceptions are the committees on Ap- of the core committee staff are termed ‘‘pro- Sec. 221. Permanent Select Committee on propriations (13). Government Reform and fessional.’’ Under existing rules, each com- Intelligence: The House Permanent Select Oversight (7), and Transportation and Infra- mittee may appoint 18 professional and 12 Committee on Intelligence would be reduced structure (6). clerical staff, with the minority entitled to in size from 19 to 16 members, with a 9–7 ma- This paragraph should be read in the con- jority to minority ratio. Member terms text of sec. 204 of the resolution which limits one-third of each category. The one-third would be increased from three to four and Members to no more than four subcommittee guarantee to the minority is retained, but the chairman and ranking minority member assignments. In that section, subcommittee with the difference that it would apply even could serve a fifth term if they held the is defined as ‘‘any panel (other than a special if the committee appoints fewer than 30 those positions for only one Congress. The oversight panel of the Committee on Na- staff. Speaker (currently the majority leader) and tional Security), task force, special sub- The existing conditions that committee minority leader would serve as ex officio, committee, or any subunit of a standing staff engage only in committee business dur- non-voting members, and may designate a committee that is established for a cumu- ing congressional working hours and not be member of their leadership staff to assist lative period longer than six months in any assigned duties other than committee busi- them and have access to committee proceed- Congress.’’ The intent of these two limita- ness are retained. However, the rule is ings and materials, as if committee staff, tions is to make both Member and commit- amended to recognize the existence of shared subject to the same security clearance and tee work more deliberative, participatory, or associate staff who may be paid from both confidentiality requirements as committee and manageable by reducing scheduling con- Member clerk hire as well as committee staff. Current jurisdictional arrangements flicts and jurisdictional overlap. This is espe- funds. In such cases, the chairman must cer- would be clarified. cially important given the ban on proxy vot- tify that their committee work is commen- Sec. 222. Abolition of Legislative Service ing in committees. surate with their pay. It is the intent of this Organizations: The establishment or con- (c) Consolidated committee staff and bien- rule to permit a chairman to require by com- tinuation of any Legislative Service Organi- nial funding.—Subsection (c) amends clause mittee rule or policy that a supervising H 34 CONGRESSIONAL RECORD — HOUSE January 4, 1995 Member first certify the same to the chair- responsibilities sooner, but more impor- the House.’’ This reflects the new require- man if a staff member is not working di- tantly to prevent stagnation or too close a ment that public meetings and hearings are rectly under the chairman. relationship to develop between committee automatically open to these media and does The new rule also makes clear that the em- leaders and the interests they oversee at the not require an affirmative vote of the com- ployment of such shared or committee staff expense of balanced oversight and legisla- mittee. is subject to such terms, conditions, or limi- tion. Subsection (d) amends paragraph (e) of tations as may be established by the Com- Sec. 104. Proxy Voting Ban: Subsection (a) clause 3, rule XI, by eliminating the require- mittee on House Oversight. amends House rule XI, clause 2, which cur- ment that a committee must vote to permit Sec. 102. Truth-in-Budgeting Baseline Re- rently permits proxy voting in committees, audio and visual media coverage except as form: Subsection (a) amends House rule XI, by prohibiting the use of proxies by any provided in paragraph (f)(2). Paragraph (f)(2), clause 2(l)(3), relating to the contents of Member on any measure or matter before a which permits a subpoenaed witness to de- committee reports, to require that cost esti- committee. Subsection (b) simply makes a mand that audio and visual coverage of that mates submitted for reports on measures conforming change in clause 2(e)(1) of rule XI witness’ testimony be prohibited, remains providing new budget authority shall in- by striking a reference to proxy voting. unchanged under the new rule. The sub- clude, when practicable, a comparison of the The main purpose for this change is to en- section also provides that a committee or total estimated funding for the program (or sure greater participation in committee de- subcommittee may not limit television or programs), to the appropriate levels under liberations and decisions so that the legisla- photographic coverage to less than two rep- current law. tive product will be more representative and resentatives of each medium except for le- Subsection (b) inserts similar language in developed than if produced by a few members gitimate space or safety considerations, in clause 7(a) of rule XIII, relating to cost esti- present. The overall aim of many of the com- which case pool coverage shall be authorized. mates in committee reports (other than mittee reforms is to restore committees as Sec. 106. Limitations on Tax Increases: those of the Committees on Appropriations, the legislative workshops of the House. Subsection (a) amends clause 5 of rule XXI Rules, House Oversight, and Standards of Of- This rule does not apply to House-Senate by adding a new paragraph (c) at the end re- ficial Conduct). conference committees which operate under quiring a three-fifths vote of the House to These provisions apply to individual pieces joint rules agreed to by a particular con- pass or agree to any bill, joint resolution, of legislation and not to the budget in its en- ference. Conference committees, for in- amendment or conference report carrying a tirety. The changes as they relate to discre- stance, do not require an actual meeting to Federal income tax rate increase. The three- tionary spending authorizations will require sign the report (though they must hold at fifths vote would be of those present and vot- that the cost estimates show the entire least one meeting at some point)—only a ma- ing. This should be read in the context of amount being authorized by current law. In jority of conferees from each House to sign section 214 of the resolution which requires virtually all instances this will be the entire the report. an automatic rollcall vote in the House on amount of the program because the author- Sec. 105. Committee Sunshine Rules: Sub- the final passage of any bill, joint resolution ization will be either extending an expired section (a) amends clause 2(g)(1) of rule XI, or conference report carrying a Federal in- authorization (in which case the current law relating to open meetings to require that come tax rate increase. is zero) or expanding an existing authoriza- meetings which are open to the public shall Subsection (b) adds a new paragraph (d) to tion (in which case the current law for ex- also be open to the broadcast and photo- clause 5 or rule XXI prohibiting the consider- pansion will be zero). Therefore, the rule will graphic media. It also requires that meetings ation of any bill, joint resolution, amend- require that cost estimates for all legislation may only be closed by majority vote, with a ment or conference report carrying a retro- providing discretionary spending authoriza- majority present, if it is determined that active Federal income tax rate increase. For tion show the entire amount being author- matters to be disclosed would endanger na- purposes of these rules the term ‘‘Federal in- ized. Cost estimates for discretionary appro- tional security, compromise sensitive law come tax rate increase’’ is, for example, an priations will likewise show the entire enforcement information, tend to defame, increase in the individual income tax rates amount being appropriated. degrade or incriminate any person, or other- established in section 1, and the corporate The rule as applied to entitlement legisla- wise would violate any law or rule of the income tax rates established in section 11, tion will require that the cost estimate show House. The subsection also strikes a provi- respectively, of the Internal Revenue Code of the entire amount of spending estimated to sion allowing for a meeting to be closed to 1986. occur due to the proposed legislation as well discuss internal budget or personnel matters. Sec. 107. Comprehensive House Audit: This as the amount estimated under current law. Under present House rules, a committee section is a free-standing requirement that This is a change from the previous method of must vote to approve coverage of a meeting the Inspector General of the House, during scoring entitlement legislation which only by radio, television and still photography. the 104th Congress, in consultation with the showed the change from current law. Thus, if And, a meeting may be closed for any pur- Speaker and the Committee on House Over- proposed entitlement legislation provides a pose by majority vote. sight, conduct a comprehensive audit of lower rate of increase in spending than cur- Subsection (b) amends clause 2(g)(2) of rule House financial records and administrative rent law, the cost estimate will show that XI, relating to open committee hearings, to operations, be authorized to contract with spending is increasing under the proposed require that any hearing open to the public independent auditing firms for such pur- legislation whereas previously the cost esti- is also open to the broadcast and photo- poses, and report the results of the audit as mate would have shown only a reduction graphic media and may only be closed by provided in House rule VI (‘‘Office of Inspec- from current law. majority vote, a majority being present, for tor General’’), which requires the submission Sec. 103. Term Limits for Speaker, Com- the same reasons stated in the open meeting of any audit reports simultaneously to the mittee and Subcommittee Chairmen: Sub- rule above. Speaker, majority leader, and the chairman section (a) amends rule I (‘‘Duties of the The present House rule requires a majority and ranking minority members of the Com- Speaker’’) by adding a new clause 8 at the vote to open a hearing to the broadcast and mittee on House Oversight. end which prohibits any person from serving photographic media. It also prohibits closing Sec. 108. Consideration of the ‘‘Congres- as House Speaker for more than four con- a meeting except for all of the specified rea- sional Accountability Act’’: Sec. 108 is a free- secutive terms (excluding any service for sons above except one: the new rule adds the standing, special rule, permitting the consid- less than a session of Congress), beginning condition relating to the disclosure of ‘‘sen- eration in the House, at any time after the with the 104th Congress. The eight year limit sitive law enforcement information.’’ adoption of the House rules’ resolution, of is consistent with the spirit of the current Unchanged is the present rule provision H.R. 1 (104th Congress), a bill to make cer- two-term limit on Presidents, with the ex- permitting a majority of a committee hear- tain laws applicable to the legislative branch ception of the term ‘‘consecutive.’’ ing quorum (which could be as few as two of the Federal Government, if offered by the While the rule cannot be made binding on members if a committee has adopted such a majority leader or a designee. The special future Congresses, since each has the con- quorum requirement as permitted by House rule provides for one-hour of debate con- stitutional authority to make its own rules, rules) to vote to close a hearing either to dis- trolled equally by the majority and minority it does set a standard to go by which has cuss whether testimony or evidence to be re- leaders, or their designees, and orders the been encouraged and agreed to by the new ceived would endanger national security or, previous question to final passage without Speaker in the 104th Congress. in the case of an investigatory hearing, intervening motion except one motion to re- Subsection (b) amends clause 6(e) of rule X would tend to defame, degrade or incrimi- commit. The bill would not be subject to which currently provides that all vacancies nate any person (see clause 2(k)(5) of rule amendment unless offered as part of amend- on House standing committees shall be filled XI); or if a majority of the same hearing atory instructions in the motion to recom- by election by the House from nominations quorum makes a determination at an inves- mit. submitted by the respective party caucus or tigatory hearing that testimony or evidence conference. The new sentence provides that to be disclosed would tend to defame, de- TITLE II. GENERAL no Member may serve as the chairman of the grade or incriminate any person. Title II consists of 23 additional sections same standing committee or subcommittee Subsection (c) amends clause 3(d) of rule under a single introductory paragraph adopt- for more than three consecutive Congresses, XI, relating to the broadcasting of commit- ing the rules of the 103rd Congress together beginning with the 104th Congress. The pur- tee meetings or hearings, by striking the with the further amendments contained in pose of this new limitation is not merely to clause that makes coverage by the audio and those sections. As such, the 23 sections would allow other Members to assume leadership visual media ‘‘a privilege made available by not be subject to a division of the question January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 35 and separate votes. These would be a single Member, officer or employee of the House. sion, with a quorum present, its oversight vote on Title II following debate on it (and The Committee on Standards of Official Con- plans for that Congress, and to submit them on any vote on a motion to commit). duct would retain existing authority to refer to the committees on House Oversight and Sec. 201. Administrative Reforms: Sub- any possible law violations to the appro- Government Reform and Oversight. section (a) strikes from rule II references to priate Federal or State authorities, subject Committees shall, to the maximum extent the Doorkeeper as an elected House Officer to House approval, under clause 4(e)(1)(C) of feasible, consult with other committees hav- (the office is abolished) and add the office of rule X. ing related jurisdictions to ensure coordina- Chief Administrative Officer as a newly Subsection (d) eliminates clause 3(j) of rule tion and cooperation in formulating and im- elected Officer of the House. X which established a bipartisan Sub- plementing oversight plans; give priority Subsection (b) amends rule III (‘‘Duties of committee on House Oversight of the former consideration to including in its plans the the Clerk’’) by adding two new clauses, 7 and Committee on House Administration for the review of those laws, programs or agencies 8, requiring the Clerk to make semi-annual purpose of receiving audit reports and exer- operating under permanent authority; and reports on finances and operations of the Of- cising oversight of the Clerk, Sergeant-at- ensure that all laws within their jurisdic- fice, to the Committee on House Oversight, Arms, Doorkeeper, Director of Non-legisla- tions are subject to oversight review at least and to cooperate with the appropriate offices tive and Financial Services, and the Inspec- once every ten years. and persons conducting performance reviews tor General. These responsibilities will be as- No expense resolution could be considered and audits of the Office’s finances and oper- sumed by the full Committee on House Over- for any committee which has not submitted ations. sight. its oversight plans to the Committee on Subsection (c) amends House rules IV, V, Subsection (e) amends clause 4(d) of rule X, House Oversight and the Committee on Gov- and VI as follows: regarding the additional functions of the ernment Reform and Oversight. Not later Rule IV (‘‘Duties of the Sergeant-at- Committee on House Oversight, by making than March 31 of the first session of a Con- Arms’’), is amended to reflect the assump- conforming changes reflecting the commit- gress, after consulting with the Speaker and tion by the Sergeant-at-Arms of certain du- tee’s new name and changes made in the ties and responsibilities previously under the other Offices of the House. majority and minority leaders, the Commit- Doorkeeper; to require semi-annual reports Sec. 202. Changes in the Committee Sys- tee on Government Reform and Oversight be made to the Committee on House Over- tem: This section rewrites clause 1 of rule X shall publish the oversight plans of the var- sight regarding the finances and operations (‘‘The Committees and Their Jurisdiction’’), ious committees, together with any rec- of the Office; and to require cooperation with to reflect the abolition of three commit- ommendations made by the joint leadership appropriate persons in the performance of re- tees—District of Columbia, Merchant Marine group to ensure the most effective coordina- views and audits. and Fisheries, and Post Office and Civil tion of the plans. Rule V, previously relating to the ‘‘Duties Service—the transfer of their jurisdictions, Paragraph (e) of rule X, clause 2, author- of the Doorkeeper,’’ is replaced by a new rule and the renaming and jurisdictional changes izes the Speaker, with the approval of the relating to the ‘‘Chief Administrative Offi- in other standing committees of the House. House, to appoint special, ad hoc oversight cer’’ who shall assume many of the duties Specifically, from the Committee on Mer- committees for the purpose of reviewing spe- and functions previously vested in the Direc- chant Marine and Fisheries, the national se- cific matters within the jurisdiction of two tor of Non-Legislative and Financial Serv- curity aspects of merchant marine jurisdic- or more committees. ices (rule VI, clause 1, 103rd Congress). Spe- tion is transferred to the Committee on Na- Subsection (b) of the resolution amends cifically, the Chief shall have operational tional Security (formerly Armed Services); clause 1(d) of rule XI, which now requires and financial responsibility for functions as- the Coast Guard jurisdiction is transferred committee to submit an activity report at signed by the Speaker and Committee on to the Committee on Transportation and In- the end of each Congress, to include in such House Oversight, subject to their policy di- frastructure (formerly Public Works and reports separate sections on the committees’ rection and oversight. In addition, the Chief Transportation); and the fisheries, marine, legislative and oversight activities, includ- shall make semi-annual reports to the Com- non-national security aspects of the mer- ing a summary of the oversight plans sub- mittee on House Oversight on the finances chant marine, oceanographic affairs, and en- mitted and actions taken and recommenda- and operations of the Office, and cooperate dangered species jurisdictions are trans- tions made with respect to each such plans, fully with appropriate offices and persons ferred to the Committee on Resources (for- as well as any additional oversight activities conducting performance reviews and audits. merly Natural Resources). undertaken by the committees. Rule VI, previously relating to the Direc- The Committee on Government Reform It is the intent of this section to ensure tor of Non-Legislative and Financial Serv- and Oversight (formerly Government Oper- that committees make a more concerted, co- ices and the Office of Inspector General, is ations), would assume the jurisdictions of ordinated and conscientious effort to develop replaced by a new rule establishing the Of- the committees on District of Columbia and meaningful oversight plans at the beginning fice of Inspector General. The Office of Di- Post Office and Civil Service, except for the of each Congress and to follow-through on rector of Non-legislative and Financial Serv- Franking Commission which goes to House their implementation, with a view to exam- ices would be abolished by the adoption of Oversight (formerly House Administration). ining the full range of the laws under their this new rule. Approximately 20 percent of the jurisdic- jurisdiction over a period of five Congresses. As with the previous rule VI, clause 2, the tion of the former Committee on Energy and Sec. 204. Member Assignment Limits: Inspector General is to be appointed by the Commerce (renamed the Committee on Com- Clause 6(b) of rule X, relating to committee Speaker, majority leader, and minority lead- merce by this resolution) would go to the fol- memberships, would be amended by adding a er, acting jointly. The Inspector General lowing committees: primary jurisdiction new subparagraph (b) that would limit Mem- would be subject to the policy direction and over Glass-Steagall reform legislation to the bers to no more than two standing commit- oversight of the Committee on House Over- Committee on Banking and Financial Serv- tee assignments and four subcommittee as- sight, and would be responsible for conduct- ices (formerly Banking, Finance and Urban signments. The limitation would not apply ing periodic audits of the financial and ad- Affairs); consolidation of food inspection ju- to committee chairman and ranking minor- ministrative functions of the House and joint risdiction to the Committee on Agriculture; ity members who serve as ex officio members entities. The audit responsibilities of the railroad jurisdiction to the Committee on of all subcommittees of their committees. previous Inspector General were confined to Transportation and Infrastructure; Trans- Any exceptions to these limits must be ap- the financial functions under the Director of Alaska Pipeline to the Committee on Re- proved by the House upon the recommenda- Non-legislative and Financial Services, the sources; inland waterways jurisdiction to tion of the respective party caucus or con- Clerk, the Sergeant-at-Arms and the Door- Transportation and Infrastructure; and con- ference. keeper. solidation of energy research and develop- The term subcommittee is defined for pur- The new responsibilities are therefore ment jurisdiction under the Committee on poses of this subparagraph as any panel broadened to include all financial and ad- Science. (other than a special oversight panel of the ministrative functions of the House and joint The Committee on the Budget would gain Committee on National Security), task entities. The existing reporting and con- certain jurisdiction over budgetary legisla- force, special subcommittee, or any subunit sultation requirements regarding any audits tion from the Committee on Government Re- of a committee that is established for a cu- would be retained. Specifically, the Inspec- form and Oversight. mulative period of longer than six months in tor General would be required to report si- Other committee names changes include: a Congress. multaneously to the Speaker, majority lead- Economic and Educational Opportunities It is the intent of this rule that any waiv- er, and the chairman and ranking minority (formerly Education and Labor); and Inter- ers by a party caucus or conference be spe- member of the Committee on House Over- national Relations (formerly Foreign Af- cifically approved before it is presented to sight any financial irregularities discovered, fairs). the House for consideration. If such party as well as on the final results of any audit. Sec. 203. Oversight Reform: Subsection (a) caucus or conference recommendations are Moreover, the Inspector General is re- adds two new subparagraphs (d) and (e) at specifically approved at the beginning of a quired to report to the Committee on Stand- the end of clause 2 of rule X (‘‘General Over- Congress, the election of committees by the ards of Official Conduct any potential viola- sight Responsibilities’’). Paragraph (a) re- House will be considered as the requisite ap- tions of House rules or laws applicable to the quires each standing committee of the proval by the House of any exceptions to the performance of official duties or the dis- House, no later than February 15 of the first committee limitation. However, any excep- charge of official responsibilities of any session of a Congress, to adopt in open ses- tions to the subcommittee limitation would H 36 CONGRESSIONAL RECORD — HOUSE January 4, 1995 have to be reported to the House from the re- from remarks actually made by being print- which, among other things, prohibits the spective party caucus or conference. ed in a typeface that is clearly distinguish- Committee on Rules from denying a motion Sec. 205. Multiple Referral Reform: Clause able from verbatim remarks. to recommit as provided in clause 4 of rule 5(c) of rule X (‘‘Referral of Bills, Resolutions, Sec. 207. Elimination of ‘‘Rolling XVI, would be amended to clarify and ensure and Other Matters to Committees’’) is Quorums’’: Clause 2(l)(2)(A) of rule XI is that such right includes the right to offer amended to require the Speaker to designate amended by striking the existing provision amendatory instructions, otherwise in order a committee of primary jurisdiction upon which establishes a presumption that a com- under the rules, in a motion to recommit, if the initial referral of a measure to a com- mittee majority was actually present at the offered by the minority leader or a designee. mittee. The Speaker would have the discre- time a measure is reported if the records of Exempted from this guarantee would be tion to also refer the same measure to other the committee show that a majority of the the motion to recommit a Senate bill or res- committees in sequence (sequential referral), committee responded on a rollcall vote on olution for which the text of a House-passed either upon its initial introduction or after the question, and prohibits a point of order measure has been substituted. This exemp- to lie in the House that a majority was not the primary committee has reported, subject tion recognizes that the minority would al- present unless the point of order was timely to time limits for reporting by the secondary ready have had the opportunity to offer a committees; or to refer designated portions made in the House. motion to recommit with instructions on the of the same measure to other committees In so doing, the rule change restores the original House-passed measure being sub- (split referral); or to refer a measure to a previous requirement that a ‘‘majority of the stituted for the Senate measure. special ad hoc committee consisting of com- committee was actually present’’ at the time It is the intent of this rule to restore the mittees with shared jurisdictions over the a measure was ordered reported. The fact original purpose of clause 4(b) when it was measure. that a committee orders a measure reported This rule change differs from the present by voice vote without a quorum present, and adopted in 1909 to give the minority a final referral rule in four significant respects. no point of order is made at the time, does opportunity to offer an amendment of its First, the designation of a committee of pri- not prevent the point of order from being choosing in a motion to recommit prior to mary jurisdiction is designed to ensure made in the House when the measure is the final passage of a bill. greater accountability for legislation. Sec- called-up for consideration. Sec. 211. Waiver Policy for Special Rules: ond, the rule eliminates so-called joint refer- It should also be emphasized that the re- Clause 4 of rule XI, relating to the Rules rals which technically gave committees au- quirement that a majority be actually Committee, is amended by adding a new thority to consider the same portions of leg- present at the time the measure is reported paragraph (e) at the end to require that islation as other committees (though refer- from a committee means that a majority whenever the Rules Committee reports a res- rals are always for consideration only of must be contemporaneously assembled at olution providing for the consideration of a such provisions as fall within a committee’s the time the vote is taken. Unlike a House measure, it shall, to the maximum extent jurisdiction). Third, giving the Speaker dis- floor vote during which Members may come possible, specify in the resolution any House cretion to make sequential or split referrals and go during the course of a vote, the com- rules being waived against the measure or allows more flexibility than the current re- mittee quorum rule, absent the old ‘‘rolling against its consideration. quirement that every committee having any quorum’’ latitude, means a committee can It is the intent of this rule that Members jurisdiction over a measure, no matter how no longer simply leave a vote open until a be fully informed as to what potential viola- minor, must receive a referral. And fourth, sufficient number of Members have re- tions of House Rules are involved in consid- the ability of the Speaker to designate a sec- sponded to their names. Prior to the ‘‘rolling ering a bill. This in turn will require com- ondary committee for sequential referral quorum’’ rule, the Committee on Rules has mittee chairmen to determine in advance of decided against granting a rule when pre- purposes upon the initial introduction of a their Rules Committee appearance what sented with evidence that a majority was not measure will allow that committee to pro- waivers they will seek, and to be prepared to actually present when the measure was re- ceed with its work on the measure imme- explain and defend those waivers before the diately, if it wishes. ported. Sec. 208. Limitation on Committees’ Rules Committee. It is the ultimate intent of Nothing in this rule should be construed to Sittings: Clause 2(i) of rule XI, which cur- the rule change that Committee will be more prevent a secondary committee from report- rently prohibits committees from sitting careful prior to reporting a measure to en- ing prior to the primary committee. How- during a joint, House-Senate session or sure against any rules violations in the bill ever, it is the intent of the rule to the extent meeting, would be amended to prohibit any or report. possible, to allow the primary committee to committees except the committees on Ap- While the failure of the Rules Committee report before a measure is scheduled for floor propriations, Budget, Rules, Standards of Of- to specify waivers in a rule would not give consideration, unless it waives its right to ficial Conduct, and Ways and Means, from rise to a point of order against a special rule report or the Speaker exercises discretion to sitting while the House is reading a measure that waives all points of order, it is expected impose a time limit on the primary commit- for amendment under the five-minute rule. that the Rules Committee will, in all but the tee for reporting and it fails to meet the Special leave to sit could be granted unless most time-sensitive situations, endeavor to deadline, in which case it will be considered ten or more members object to a unanimous determine what specific waivers are required to have been discharged of the measure. consent request, or upon the adoption by the and to detail them in the rule. Sec. 206. Accuracy of Committee Tran- House of a motion offered by the majority Sec. 212. Prohibition on Delegate Voting in scripts: Clause 2(e)(1) of rule XI (‘‘Committee leader. This restores the rule in existence Committee of the Whole: Subsection (a) Records’’), is amended to require that com- prior to the 103d Congress, with the only ex- amends rule XII (‘‘Resident Commissioner mittee transcripts shall be a substantially ception being the addition of a privileged and Delegates’’) by striking clause 2 which verbatim account of remarks actually made motion by the majority leader. It is antici- now entitles the Resident Commissioner during proceedings, subject only to tech- pated that the Speaker will again promul- nical, grammatical, and typographical cor- from Puerto Rico and each Delegate to the gate guidelines as to when and under what House to the same powers and privileges in rections authorized by the person making circumstances special leave may be re- the remarks involved. the Committee of the Whole on the state of quested. the Union as other House Members. The current rule requires committees to Sec. 209. Accountability for Committee keep a complete record of all committee ac- Subsection (b) amends clause 1 of rule Votes: Clause 2(l)(2)(B) of rule XI, which now XXIII (‘‘Of Committees of the Whole House’’) tion, including a record of the votes on any requires that the results of any rollcall vote by striking ‘‘Resident Commissioner, or Del- question on which a rollcall vote is de- to report a measure be included in a commit- egate’’ as being eligible for appointment by manded. It is the intent of the new rule to tee report, would be amended to require that the Speaker to chair the Committee of the require that where stenographic transcripts the names of those members voting for and are kept of committee meetings or hearings, against any amendment or motion to report Whole. they not be subject to substantive changes a measure by rollcall vote be included in the Subsection (c) amends clause 2 of rule by either the persons making the remarks or committee report. XXIII by striking paragraph (d) which pro- by staff. It is the intent of this rule to provide for vided for an immediate re-vote in the House It is not the intent of this rule that all greater accountability for record votes in whenever the votes of the Resident Commis- meeting and hearing transcripts be pub- committees and to make such votes easily sioner and Delegates were decisive to the lished. However, in those instances in which available to the public in committee reports. outcome of a vote in the Committee of the persons involved in a meeting or hearing are At present, under clause 2(e)(1) of rule XI, Whole. allowed to review and correct their remarks the public can only inspect rollcall votes on Sec. 213. Accuracy of the Congressional before publication of the transcripts, any matters in the offices of committees. It is Record: Rule XIV (‘‘Of Decorum and De- corrections must be specifically authorized anticipated that with the availability of bate’’) is amended by adding a new clause 9 by that person and cannot alter the sub- committee reports to the public through requiring that the Congressional Record be a stantive content of the remarks. To the ex- electronic form the listing of votes in reports substantially verbatim account of remarks tent a person making remarks wishes to will be more bill-specific than earlier propos- made during debate. Members could only au- elaborate on any point, such substantive als to publish all votes in the Congressional thorize technical, grammatical and typo- modifications should be treated the same as Record twice a year. graphical corrections. Unparliamentary re- extensions of remarks on House floor speech- Sec. 210. Affirming the Minority’s Right on marks could only be deleted by permission or es, i.e., they should be clearly delineated Motions to Recommit: Clause 4(b) of rule XI, order of the House. However, Members may January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 37 still insert undelivered remarks so long as fiscal year, not by the amount of budget au- block their receipt from the other body, it is they are delineated by a different typeface. thority appropriated for a particular matter. intended that such measures would not be Breaches of the rule could be subject to in- It will therefore be necessary for the author referred to the appropriate committee of the vestigation by the Committee on Standards of an offsetting amendment to work closely House or be considered by the House. In- of Official Conduct. with the Congressional Budget Office to en- stead, they would simply be held at the desk Sec. 214. Automatic Rollcall Votes: Rule sure that the bottom line amendment makes without further action. Should such a com- XV (‘‘On Calls of the Roll and House’’) is equivalent increases and decreases in outlays memorative be included in a conference re- amended by adding a new clause 7 to require resulting from the changes in budget author- port or Senate amendment to a House bill, an automatic rollcall vote on the final pas- ity. the entire conference report or Senate sage or adoption of any bill, joint resolution, Subsection (d) amends clause 3 of rule XXI amendment would be subject to a point of or conference report, making general appro- to require that the Committee on Appropria- order. priations, increasing Federal income tax tions include in its report a list of all appro- While the ban does not apply to commemo- rates, or on final adoption of a budget resolu- priations contained in a bill for any expendi- rative which do not set aside a specified pe- tion or a conference report thereon. ture not previously authorized by law (ex- riod of time, and instead simply call for Sec. 215. Appropriations Reforms: Sub- cept for classified intelligence or national se- some form of national recognition, it is not section (a) amends clause 2(d) of rule XXI curity programs, projects or activities). the intent of the rule that such alternative (‘‘On Bills’’) by providing that motions to Clause 3 already requires that committee re- forms should become a new outlet for the rise and report an appropriations bill after ports include a listing of legislative provi- consideration of such measures. Thus, while the bill has been read for amendment shall sions contained in the bill. Since the point of they could be referred to an appropriate only have precedence if offered by the major- order under clause 2 of rule XXI lies against committee, it is not expected that such com- ity leader or a designee. Under current rules, both unauthorized and legislative provisions, mittees should feel obligated or pressured to so-called limitation amendments not specifi- it is only reasonable that the report should establish special rules for their release to the cally contained or authorized in existing contain information on both. It is the intent law, may only be offered if the motion to rise of this rule that the test of compliance will House floor. Nor should it be expected that is not offered or is rejected after other be whether the committee has made a good the Rule Committee should become the new amendments to the bill have been disposed faith effort to include all unauthorized mat- avenue for regular waivers of the rule of. The intent of the new rule is to permit ters in its report that it is aware of. The in- against date specific commemorative. Such the offering of limitation amendments at the advertent omission of an unauthorized mat- exceptions should be limited to those rare end of the reading, subject only to a motion ter in a committee report will not give rise situations warranting special national rec- to rise offered by the majority leader or a to a point of order against the consideration ognition as determined by the Leadership. designee. of the bill, though a point of order would Subsection (b) is a free-standing directive Subsection (b) adds a new paragraph (e) to still lie against the provision in the bill. to the Committee on Government Reform clause 2 of rule XXI to prohibit reporting Subsection (e) adds a new clause 8 to rule and Oversight to consider alternative means any non-emergency matter in an appropria- XXI to provide for the automatic reservation for establishing commemorations, including tions bill containing an emergency designa- of points of order against provisions in an the creation of an independent or Executive tion under the Budget Act. The only excep- appropriations bill at the time the report on branch commission for such purpose, and to tions are for provisions which rescind budget it is filed. Under current rules, the points of report to the House its recommendations authority, reduce direct spending authority, order under clause 2 of rule XXI are against thereon. or reduce the amount for a designated emer- the reporting of any unauthorized or legisla- Sec. 217. Numerical Designation of Amend- gency. While the Committee on Appropria- tive provision in an appropriations bill. This ments: Clause 6 of rule XXIII (‘‘Of Commit- tions could evade this prohibition by giving means that, for a point of order to be valid, tees of the Whole’’) is amended to add a new an entire bill an emergency designation, it is it must be raised or reserved at the time the sentence requiring that amendments submit- the clear intent of this rule that no non- measure is actually reported, that is, at the ted for printing in the amendments portion emergency items should be given such blan- time the report is filed in the House. This of the Congressional Record be given a nu- ket coverage. Let exposed, as they should be, has required that a minority representative merical designation in the sequence submit- such non-emergency items would be subject of the committee accompany the majority ted for a particular bill. to deletion if a point of order is made and member filing the report in order to reserve The clause already requires that amend- sustained. points of order at the time the report is filed. ments printed in the Record be allowed five It is not the intent of this rule to make in Under the new rule, it will no longer be nec- minutes of debate for and against, even if the order any amendments not otherwise in essary to reserve points of order at the time Committee of the Whole has voted to close order under the rules. Thus, any amend- an appropriations bill is filed. Members’ debate on a particular section or paragraph, ments to rescind or reduce direct spending rights to later raise such points of order will and that time has expired. It is the purpose must be germane to the bill as reported or be automatically be protected. of this further amendment to the rule to fa- given special protection by way of a special Sec. 216. Ban on Commemoratives: Sub- cilitate reference to such amendments for rule reported by the Rules Committee and section (a) amends clause 2 of rule XXII (‘‘Of the convenience of Members and committee adopted by the House. Memorial, Bills and Resolutions’’) by prohib- managers alike, and to encourage Members Subsection (c) amends clause 2 of rule XXI iting the introduction or consideration of to utilize the pre-printing option for their by adding a new paragraph (f) to permit the any bill, resolution, or amendment which es- amendments. offering of so-called offsetting amendments tablishes or expresses any commemoration. The new rule may also make it possible for in appropriations bill. At present, appropria- For purposes of the new rule, a commemora- the Committee on Rules to reference nu- tions measures are read for amendment by tion is defined as ‘‘any remembrance, cele- merically designated amendments in special paragraph, meaning it is not possible to offer bration, or recognition for any purpose rules that structure the amendment process an amendment that is deficit neutral if it through the designation of a specified period since the Congressional Record is often more goes to paragraphs not yet pending. The new of time.’’ readily available to Members and their staff rule would allow the offering of such off-set- The existing clause 2, which would be re- than are Rules Committee reports. ting amendments en bloc and not subject to tained as paragraph (a), includes a similar Sec. 218. Pledge of Allegiance: Clause 1 of a division of the question in the House or the prohibition against the receipt or consider- rule XXIV (‘‘Order of Business’’) is amended Committee of the Whole. ation by the House of private bills, resolu- to insert the Pledge of Allegiance as the When such an en bloc amendment is of- tions or amendments authorizing or direct- third order of business each day in the fered, and prior to the debate on it, the chair ing the payment of money for certain prop- House, following the approval of the Journal will ask whether there are any points of erty damages or for personal injury or death and preceding the correction of reference of order against any portion of the bill covered for which suit may be instituted under the public bills. This change codifies a practice by the amendment. If such a point of order is Tort Claims procedure; for the construction in effect in the House since 1988. sustained, and the provision in the bill of a bridge across a navigable stream; or for Sec. 219. Discharge Petitions: Clause 3 of stricken, the amendment would no longer be the correction of a military or naval record. rule XXVII (‘‘Change or Suspension of the in order as a proper offset. The new ban on date-specific commemora- Rules’’) is amended to require that the Clerk To qualify as an offsetting amendment for tive measures or amendments applies to both publish in the Congressional Record on the purposes of this paragraph, the proponent the introduction and consideration of any last day of House session each week the must be able to demonstrate that the net ef- measure containing such a commemorative. names of those Members who have signed a fect of the amendment would not increase This is intended to include measures in discharge motion during that week, and to overall budget authority or outlays in the which such a commemorative may only be make available on a daily basis, in an appro- bill. Since appropriations bills only contain incidental to the overall purpose of the priate office, the cumulative lists of names the amount of budget authority being appro- measure. Such measures will be returned to of those Members who have signed pending priated, it should be kept in mind that the the sponsor if they are dropped in the legis- discharge motions. Finally, the new rule di- off-setting numbers may not be the same lative hopper. The prohibition against con- rects the Clerk to devise a means for making since the ultimate test is whether the sideration also extends to any measures re- such names on discharge petitions available amendment does not increase the deficit— ceived from the Senate which contain date- to House offices and the public by electronic and deficits are determined by outlays in a specific commemorative. While it does not form. H 38 CONGRESSIONAL RECORD — HOUSE January 4, 1995 In the 103d Congress, the House adopted a meeting and have access to any committee may postpone is on a privileged resolution new rule making the names of Members sign- information. from the Rules Committee. ing discharge petitions immediately avail- Subsection (c) amends clause 1 of rule Subsection (b) establishes an Office for able for public inspection. However, the rule XLVIII to extend from three (in any five con- Legislative Floor Activities in the Office of change did not specify how such publication secutive Congresses) to four (in any six con- the Speaker, and authorizes the Speaker to was to be accomplished. This rule change secutive Congresses) the number of consecu- appoint and set the pay for floor assistants codifies the current practice of daily avail- tive Congresses any Member (other than the to assist him in managing legislative floor ability of all motions and signatures in a Speaker and minority leader) may serve on activity. House office, and the weekly publication of the select committee, and to permit a chair- Subsection (c) amends clause 2(d) of rule new signatures in the Congressional Record. man or ranking minority member who attain XI by allowing the chairman of a committee The directive regarding making such lists those positions in their fourth terms on the to designate any member of the committee, available by computer is in line with other committee to serve in those positions for an or of any subcommittee thereof, as vice ongoing initiatives to make House docu- chairman, to preside in the chairman’s ab- additional term. ments generally available to the public sence. The present rule specifies that the Subsection (d) amends clause 2(a) of rule through computer networks. ranking majority member shall serve as vice XLVIII to clarify the committee’s jurisdic- Sec. 220. Protection of Classified Materials: chairman. tion to reflect current referral practices. Rule XLIII (‘‘Code of Official Conduct’’) Subsection (d) amends clause 7 of rule XIV would be amended by adding a new clause 13 Sec. 222. Abolition of Legislative Service (‘‘Of Decorum and Debate’’) to include in requiring that any Member, officer or em- Organizations: This is a free-standing provi- those provisions of prohibited activities on ployee of the House take an oath or affirma- sion that prohibits in the 104th Congress the the House floor the use of personal, elec- tion on non-disclosure of classified informa- establishment or continuation of any legisla- tronic office equipment, including cellular tion prior to being given access to such ma- tive service organization (as the term is de- phones and computers. It is the purpose of terials. Copies of the executed oath would be fined and authorized in the 103rd Congress). this new rule to avoid the disruptions and retained by the Clerk of the House as part of The Committee on House Oversight is au- distractions that can be caused by the the records of the House. thorized to take necessary steps to ensure sounds emitted from such equipment. As Sec. 221. Select Committee on Intelligence: the orderly termination and accounting for with any disruption to the decorum of House Subsection (a) amends clause 1(a) of rule funds of any such LSO in existence on Janu- floor debate, it is anticipated that the XLVIII (‘‘Permanent Select Committee on ary 3, 1995. So-called LSO’s are those organi- Speaker could instruct the Sergeant-at-Arms Intelligence’’) to change the composition of zations recognized through the House Ad- to take necessary steps to restore order. the committee from 19 to 16 members, of ministration Committee in the 103rd Con- Subsection (e) amends clause 5(b) of rule whom not more than nine may be of the gress which are allowed to utilize Member XV (‘‘On Calls of the Roll and House’’) to same political party. Clerk hire funds for the staffing of such spe- permit the Speaker to reduce to five-minutes Subsection (b) amends clause 1(b) of rule cial purpose organizations. It is the intent of the vote that occurs following the vote on XLVIII, to substitute the Speaker for the this rule that the Committee on House Over- the previous question on any matter. The majority leader as a non-voting ex officio sight will oversee the shut-down of such or- present rule confines this authority to the member of the committee, along with the ganizations in a manner to ensure the maxi- vote following the previous question vote minority leader. The subsection also allows mum accountability possible for any funds only on a special rule from the Rules Com- both the Speaker and minority leader to des- allocated for their operation. This is espe- mittee. ignate one of their leadership staff to assist cially important in view of the comprehen- Subsection (f) makes clerical corrections them in their roles as ex officio members of sive audit required by section 107 of the reso- in clause 3 of rule III, ‘‘Duties of the Clerk’’ the committee, with all the same rights, lution. by inserting ‘‘and’’ prior to the last in a se- privileges, and requirements as if members Sec. 223. Miscellaneous Provisions and ries of clauses; and in clause 2(l)(1)(B) of rule of the select committee staff. The purpose of Clerical Corrections: Subsection (a) amends XI by striking a reference to subdivision (C) this clause is to allow designated leadership clause 5(b)(1) of rule I (‘‘Duties of the Speak- that had been previously repealed. staff the same access to committee docu- er’’) to expand the Speaker’s current author- Subsection (g) is a free-standing provision ments and materials, briefings, hearings, and ity to postpone votes on certain matters for that permits more than one prime sponsor meetings, without having to become com- up to two legislative days to include the pre- on the first 20 bills and the first three joint mittee staff members for such access. A con- vious question votes on adopting a resolu- resolutions introduced in the House in the forming changes is made by striking sub- tion, passing a bill, instructing conferees, or 104th Congress. This is done to permit the paragraph (c)(3) of clause 7 which permits agreeing to a conference report. At present, Leadership to designate multiple-authors of the Speaker to attend any select committee the only previous question vote the Speaker certain priority legislation.

N O T I C E Incomplete record of House proceedings. Today’s House proceedings will be continued in the next issue of the Record. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, FIRST SESSION

Vol. 141 WASHINGTON, WEDNESDAY, JANUARY 4, 1995 No. 1 Senate

The fourth day of January being the CERTIFICATE OF ELECTION AND Chaseway Blvd., Auburn Hills, Michigan, day prescribed by House Concurrent CREDENTIALS 48326, was duly chosen by the qualified elec- tors of the State of Michigan a Senator from Resolution 315 for the meeting of the The VICE PRESIDENT. The Chair lst session of the 104th Congress, the said State to represent the State of Michigan lays before the Senate one certificate in the Senate of the United States for the Senate assembled in its Chamber at the of election to fill an unexpired term term of six years, beginning on the 3rd day of Capitol, at 12 noon. and the credentials of 33 Senators January, 1995. elected for 6-year terms beginning on Witness: His excellency our governor John Engler, and our seal hereto affixed at ten- PRAYER January 3, 1995. All certificates, the Chair is advised, thirty a.m. this seventh day of December, in The Chaplain, the Reverend Richard the year of our Lord nineteen hundred and are in the form suggested by the Sen- ninety-four. C. Halverson, D.D., offered the follow- ate or contain all the essential require- ing prayer: JOHN ENGLER, ments of the form suggested by the Governor. Let us pray: Senate. If there be no objection, the In a moment of silence, let us re- reading of the above-mentioned letters member David Marcos, assistant execu- and the certificates will be waived, and STATE OF HAWAII tive clerk in the Secretary’s office, they will be printed in full in the CERTIFICATE OF ELECTION FOR SIX-YEAR TERM who lost his wife, Ann, last Thursday. RECORD. To the President of the Senate of the United For there is no power but of God: The The majority leader. States: powers that be are ordained of God.—Ro- Mr. DOLE. There is no objection. This is to certify that on the eighth day of mans 13:1. The VICE PRESIDENT. Without ob- November, 1994, Daniel K. Akaka was duly Eternal God, sovereign Lord of his- jection, it is so ordered. chosen by the qualified electors of the State of Hawaii a Senator from said State to rep- tory, Governor of the nations, Your The documents ordered to be printed word is very clear. Authority comes resent said State in the Senate of the United in the RECORD are as follows: from God, and authority is accountable States for the term of six years, beginning STATE OF TENNESSEE to God. As the Senate opens the 104th on the 3rd day of January, 1995. CERTIFICATE OF ELECTION FOR UNEXPIRED Witness: His excellency our governor, John Congress, engrave in the hearts and TERM Waihee, and our seal hereto affixed at Hono- minds of Your servants this tran- To the President of the Senate of the United lulu this 28th day of November, in the year scendent truth. Help them to live their States: of our Lord 1994. lives and do their work profoundly This is to certify that on the 8th day of No- By the Governor: aware of their God-ordained respon- vember, 1994, Fred Thompson was duly cho- JOHN WAIHEE. sibility. sen by the qualified electors of the State of Governor. Gracious God, grant to the Senators Tennessee a Senator for the unexpired term ending at noon on the 3rd day of January, who are sworn in today a special sense STATE OF MISSOURI of this profound fact, that they are 1997 to fill the vacancy in the representation here not simply because they sought from said State in the Senate of the United CERTIFICATE OF ELECTION FOR UNITED STATES States caused by the resignation of Al Gore, SENATOR FOR A SIX-YEAR TERM the office or because the people elected Jr. them but that behind the whole process To the President of the Senate of the United Witness: His excellency our Governor, Ned States: was the sovereign appointment of the McWherter, and our seal hereto affixed at This is to certify that on the 8th day of No- Lord. Nashville this 2nd day of December, in the vember, 1994, John Ashcroft was duly chosen Grant them grace to fulfill the pur- year of our Lord 1994. by the qualified electors of the State of Mis- pose for which Thou hast placed them By the Governor: souri a Senator from said state to represent here. Be with their families as they NED MCWHERTER, said state in the United States Senate for a make the adjustments to the tough Governor. term of six years, beginning on the 3rd day of January, 1995. schedules and the endless hours de- STATE OF MICHIGAN manded of Senators. Grant to all who In testimony whereof, I hereunto set my CERTIFICATE OF ELECTION FOR SIX-YEAR TERM hand and cause to be affixed the Great Seal serve in the Senate the gifts of love To the President of the Senate of the United of the State of Missouri, in the City of Jef- and loyalty and patience. States: ferson, this 7th day of December, 1994. We pray in His name who is truth and This is to certify that on the 8th day of No- MEL CARNAHAN, love incarnate. Amen. vember, 1994, E. Spencer Abraham of 841 Governor.

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

S 1 S 2 CONGRESSIONAL RECORD — SENATE January 4, 1995

STATE OF NEW MEXICO STATE OF RHODE ISLAND AND PROVIDENCE resent said State in the Senate of the United PLANTATIONS States for the term of six years, beginning CERTIFICATE OF ELECTION FOR SIX-YEAR TERM CERTIFICATE OF ELECTION on the 3rd day of January, 1995. To the President of the Senate of the United Witness: His excellency our Governor, Ned To the President of the Senate of the United States: McWherter, and our seal hereto affixed at This is to certify that on the 8th day of No- States: This is to certify that on the 8th day of No- Nashville this 2nd day of December, in the vember, 1994, Jeff Bingaman was duly chosen year of our Lord 1994. by the qualified electors of the State of New vember, 1994, John H. Chafee was duly cho- sen by the qualified electors of the State of By the Governor: Mexico a Senate from said State to represent ED MCWHERTER, Rhode Island and Providence Plantations a N said State in the Senate of the United States Governor. for the term of six years, beginning on the Senator from said State to represent said State in the Senate of the United States for 3rd day of January, 1995. STATE OF WASHINGTON Witness: His excellency our Governor, the term of six years, beginning on the 3rd CERTIFICATE OF ELECTION Bruce King, and our seal hereto affixed on day of January, 1995. this 30th day of November, in the year of our Witness: His Excellency our Governor To the President of the Senate of the United Lord 1994. Sundlun, and our seal affixed on this 10th States: Given under my hand and the Great Seal of day of December, in the year of our Lord This is to certify that on the 8th day of No- the State of New Mexico in the City of Santa 1994. vember, 1994, Slade Gorton was duly chosen Fe, the Capitol, on this 30th day of Novem- BRUCE SUNDLUN, by the qualified electors of the State of ber, A.D. 1994. Governor. Washington a Senator from said State to BRUCE KING, represent said State in the Senate of the STATE OF NORTH DAKOTA Governor. United States for the term of six years, be- CERTIFICATE OF ELECTION FOR SIX-YEAR TERM ginning on the 3rd day of January, 1995. To the President of the Senate of the United In Witness Thereof, I have hereunto set my STATE OF NEVADA States: hand and caused the seal of the State of To the President of the Senate of the United This is to certify that on the 8th day of No- Washington to be affixed this 8th day of De- States: vember, 1994, Kent Conrad was duly chosen cember, A.D. 1994, at Olympia, the State This is to certify that at a general election by the qualified electors of the state of Capital. held in the State of Nevada on Tuesday, the North Dakota as Senator from said State to MIKE LOWRY, eighth day of November, nineteen hundred represent said state in the Senate of the Governor. and ninety four, Richard H. Bryan was duly United States for the term of six years, be- chosen by the qualified electors of the State ginning on the 3rd day of January, 1995. STATE OF MINNESOTA of Nevada a Senator from said State to rep- Witness: His excellency our Governor Ed- To the President of the Senate of the United resent said State in the Senate of the United ward T. Schafer, and our seal hereto affixed States: States for the term of six years, beginning at Bismarck this 8th day of December, in the This is to certify that on the 8th day of No- on the third day of January, nineteen hun- year of our Lord 1994. vember, 1994, Rod Grams was duly chosen by dred and ninety-five. By the Governor: the qualified electors of the State of Min- Witness: His excellency our Governor Bob EDWARD T. SCHAFER, nesota a Senator from said State to rep- Miller, and our seal hereto affixed at Carson Governor. resent said State in the Senate of the United City this eighth day of December, in the year States for the term of six years, beginning of our Lord nineteen hundred and ninety- STATE OF OHIO on the 3rd day of January, 1995. four. CERTIFICATE OF ELECTION FOR SIX-YEAR TERM Witness: His excellency our Governor Arne By the Governor: To the President of the Senate of the United H. Carlson, and our seal hereto affixed at St. BOB MILLER, States: Paul, Minnesota this 22nd day of November, Governor. This is to certify that on the 8th day of No- in the year of our Lord 1994. vember, 1994, Mike DeWine was duly chosen ARNE H. CARLSON, by the qualified electors of the State of Ohio Governor. STATE OF MONTANA a Senator from said State to represent said CERTIFICATE OF ELECTION State in the Senate of the United States for STATE OF UTAH To the President of the Senate of the United the term of six years, beginning on the 3rd CERTIFICATE OF ELECTION FOR SIX-YEAR TERM States: day of January, 1995. To the President of the Senate of the United This is to certify that on the eighth day of Witness: His excellency our governor States: November, A.D. 1994, Conrad Burns was duly George V. Voinovich, and our seal hereto af- This is to certify that on the 8th day of No- chosen by the qualified electors of the State fixed at Columbus, Ohio, this 20th day of De- vember, 1994, Orrin Hatch was duly chosen by of Montana a Senator from said State to rep- cember, in the year of our Lord 1994. the qualified electors of the State of Utah a resent said State in the United States Sen- GEORGE V. VOINOVICH, Senator from said state to represent said ate for the term of six years, beginning on Governor. state in the Senate of the United States for the 3rd day of January, 1995. the term of six years, beginning on the 3rd In witness whereof, I have hereunto sub- STATE OF CALIFORNIA day of January, 1995. scribed my name and affixed the Great Seal CERTIFICATE OF ELECTION FOR SIX-YEAR TERM Witness: His excellency our Governor Mi- of the State of Montana, at Helena, the Cap- To the President of the Senate of the United chael O. Leavitt, and our seal hereto affixed ital, this 6th day of December, 1994. States: at the state capitol this 28th day of Novem- MARC RACICOT, This is to certify that on the 8th day of No- ber, in the year of our Lord 1994. Governor. vember, 1994, Dianne Feinstein was duly cho- By the Governor: sen by the qualified electors of the State of MICHAEL O. LEAVITT, California a Senator from said State to rep- Governor. STATE OF WEST VIRGINIA resent said State in the Senate of the United CERTIFICATE OF ELECTION FOR SIX-YEAR TERM States for the term of six years, beginning STATE OF TEXAS To the President of the Senate of the United on the 3rd day of January, 1995. CERTIFICATE OF ELECTION FOR SIX-YEAR TERM States: In witness whereof I have hereunto set my To the President of the Senate of the United This is to certify that on the eighth day of hand and caused the Great Seal of the State States: November, 1994, Robert C. Byrd was duly of California to be affixed this 15th day of This is to certify that on the 8th day of No- chosen by the qualified electors of the State December 1994. vember, 1994, Kay Bailey Hutchison was duly of West Virginia a Senator from said State PETE WILSON, chosen by the qualified electors of the State to represent said State in the Senate of the Governor of California. of Texas a Senator from said State to rep- United States for the term of six years, be- resent said State in the Senate of the United STATE OF TENNESSEE ginning on the third day of January, 1995. States for the term of six years, beginning Witness: His excellency our Governor Gas- CERTIFICATE OF ELECTION FOR SIX-YEAR TERM on the 3rd day of January, 1995. ton Caperton, and our seal hereto affixed at To the President of the Senate of the United Witness: Her excellency our Governor, and Charleston this 20th day of December, in the States: our seal hereto affixed at Austin this 8th of year of our Lord 1994. This is to certify that on the 8th day of No- December, in the year of our Lord 1994. By the Governor: vember, 1994, Bill Frist was duly chosen by By the Governor: GASTON CAPERTON, the qualified electors of the State of Ten- ANN W. RICHARDS, Governor. nessee a Senator from said State to rep- Governor. January 4, 1995 CONGRESSIONAL RECORD — SENATE S 3

STATE OF VERMONT Witness: His excellency the Governor of cember in the year of our Lord nineteen hun- CERTIFICATE OF ELECTION FOR SIX-YEAR TERM Arizona, and the great seal of Arizona hereto dred ninety-four. To the President of the Senate of the United affixed at Phoenix, the capital, this 28th day By the Governor: States: of November, in the year of our Lord, 1994. EVAN BAYH, This is to certify that on the 8th day of No- By the Governor: Governor. vember, 1994, Jim Jeffords was duly chosen FIFE SYMINGTON, by the qualified electors of the State of Ver- Governor. STATE OF FLORIDA mont a Senator from said State to represent CERTIFICATE OF ELECTION FOR SIX-YEAR TERM said State in the Senate of the United States STATE OF NEW JERSEY for the term of six years, beginning on the CERTIFICATE OF ELECTION FOR SIX-YEAR TERM To the President of the Senate of the United States: 3rd day of January, 1995. To the President of the Senate of the United This is to certify that on the eighth day of Witness: His excellency our Governor How- States: November, A.D., 1994, Connie Mack was duly ard Dean, M.D., and our seal hereto affixed This is to certify that on the 8th day of No- chosen by the qualified electors of the State at Montpelier this 30th day of November, vember, 1994, Frank R. Lautenberg was duly of Florida a Senator from said State to rep- 1994. chosen by the qualified electors of the State resent said State in the Senate of the United HOWARD DEAN, of New Jersey a Senator from said State to States for the term of six years, beginning Governor. represent said State in the Senate of the on the 3d day of January, 1995. United States for the term of six years, be- Witness: His excellency our Governor, THE COMMONWEALTH OF MASSACHUSETTS ginning on the 3rd day of January, 1995. Lawton Chiles, and our seal hereto affixed at To the President of the Senate of the United Witness: Her excellency our Governor Tallahassee, this Sixteenth day of November, States: Christine Todd Whitman, and our seal hereto in the year of our Lord 1994. This is to certify that on the eighth day of affixed at Trenton, this sixth day of Decem- By the Governor: November, nineteen hundred and ninety- ber, in the year of our Lord, 1994. LAWTON CHILES, four, Edward M. Kennedy was duly chosen by By the Governor: Governor. the qualified electors of the Commonwealth CHRISTINE TODD WHITMAN, of Massachusetts a Senator from said Com- Governor. monwealth to represent said Commonwealth STATE OF NEW YORK in the Senate of the United States for the STATE OF CONNECTICUT To the President of the Senate of the United term of six years, beginning on the third day CERTIFICATE OF ELECTION FOR SIX-YEAR TERM States: of January, nineteen hundred and ninety- To the President of the Senate of the United This is to certify that on the eighth day of five. November, 1994, Daniel Patrick Moynihan Witness: His Excellency our Governor, Wil- States: This is to certify that on the eighth day of was duly chosen by the qualified electors of liam F. Weld, and our seal hereto affixed at the State of New York a Senator from said Boston, this thirtieth day of November in November, nineteen hundred and ninety- four, Joe Lieberman was duly chosen by the State to represent said State in the Senate the year of our Lord nineteen hundred and of the United States for the term of six ninety-four. qualified electors of the State of Connecticut Senator from said State to represent said years, beginning on the third day of January By His Excellency the Governor: 1995. WILLIAM F. WELD. State in the Senate of the United States for the term of six years, beginning on the third Witness: His excellency our Governor, Mario M. Cuomo, and our seal hereto affixed STATE OF NEBRASKA day of January nineteen hundred and ninety- at Albany this fourteenth day of December, To the President of the Senate of the United five. Witness: His excellency our Governor Low- in the year one thousand nine hundred nine- States: ty-four. This is to certify that on the 8th day of No- ell P. Weicker, Jr., and our seal hereto af- fixed at Hartford, this thirtieth day of No- By the Governor: vember, 1994, Bob Kerrey was duly chosen by MARIO M. CUOMO. the qualified electors of the State of Ne- vember, in the year of our Lord, 1994. braska a Senator from said State to rep- By the Governor: COMMONWEALTH OF VIRGINIA resent said State in the Senate of the United LOWELL P. WEICKER, Jr., States for the term of six years, beginning Governor. To the President of the Senate of the United on the 3rd day of January, 1995. States: I have hereunto set my hand and affixed STATE OF MISSISSIPPI This is to certify that on the 8th day of No- the Great Seal of the State of Nebraska. CERTIFICATE OF ELECTION FOR SIX-YEAR TERM vember, 1994, Charles S. Robb was duly cho- Done at Lincoln this Eighth Day of Decem- To the President of the Senate of the United sen by the qualified electors of the Common- ber in the year of our Lord, one thousand States: wealth of Virginia a Senator from said Com- nine hundred and ninety-four. This is to certify that on the 8th day of No- monwealth to represent said Commonwealth BEN NELSON, vember, 1994, Trent Lott was duly chosen by in the Senate of the United States for the Governor. the qualified electors of the State of Mis- term of six years, beginning on the third day sissippi, a Senator from said State to rep- of January, 1995. STATE OF WISCONSIN resent said State in the Senate of the United Witness: His excellency our Governor, CERTIFICATE OF ELECTION States for the term of six years, beginning George Allen, and our lesser seal hereto af- To the President of the Senate of the United on the 3rd day of January, 1995. fixed at Richmond, this 29th day of Novem- States: In witness whereof, I have hereunto set my ber, in the year of our Lord 1994. This is to certify that on the 8th day of No- hand and caused the Great Seal of the State By the Governor: vember, 1994, Herb Kohl was duly chosen by of Mississippi to be affixed. GEORGE ALLEN, the qualified electors of the State of Wiscon- Done at the Capitol in the City of Jackson, Governor. sin as Senator from said State to represent this the 10th day of November, in the year of said State in the Senate of the United States our Lord nineteen hundred and ninety-four, STATE OF DELAWARE for the term of six years, beginning on the and of the Independence of the United States To the President of the Senate of the United 3rd day of January, 1995. of America, the two hundred and nineteenth. States: Witness: His excellency our governor By the Governor: Be it known, an election was held in the Tommy G. Thompson, and our seal hereto af- KIRK FORDICE, State of Delaware, on Tuesday, the eighth fixed at Madison this 12th day of December, Governor. day of November, in the year of our Lord one 1994. thousand nine hundred and ninety-four that By the Governor: STATE OF INDIANA being the Tuesday next after the first Mon- TOMMY G. THOMPSON, To the President of the Senate of the United day in said month, in pursuance of the Con- Governor. States: stitution of the United States and the Laws This is to certify that on the eighth day of of the State of Delaware, in that behalf, for STATE OF ARIZONA November, nineteen hundred ninety-four, the election of a Senator for the people of CERTIFICATE OF ELECTION FOR SIX-YEAR TERM Richard G. Lugar was duly chosen by the the said State, in the Senate of the United To the President of the Senate of the United qualified electors of the State of Indiana a States. States: Senator from said State to represent said Whereas, the official certificates or returns This is to certify that on the 8th day of No- State in the Senate of the United States for of the said election, held in the several coun- vember, 1994, Jon Kyl was duly chosen by the the term of six years, beginning on the third ties of the said State, in due manner made qualified electors of the State of Arizona as day of January, nineteen hundred ninety- out, signed and executed, have been deliv- Senator from said State to represent said five. ered to me according to the laws of the said State in the Senate of the United States for Witness: His excellency our Governor, State, by the Superior Court of the said the term of six years, beginning on the 3rd Evan Bayh, and our seal hereto affixed at In- counties; and having examined said returns, day of January, 1995. dianapolis, Indiana, this fifteenth day of De- and enumerated and ascertained the number S 4 CONGRESSIONAL RECORD — SENATE January 4, 1995 of votes for each and every candidate or per- December in the year One Thousand Nine The oath that will be administered to son voted for, for such Senator, I have found Hundred and Ninety-Four. Senator FEINSTEIN, just as the oath William V. Roth, Jr., to be the person high- JOHN R. MCKERNAN, JR., that will be administered to all other est in votes, and therefore duly elected Sen- Governor. Senators-elect, will be without preju- ator of and for the said State in the Senate dice to the Senate’s constitutional of the United States for the Constitutional STATE OF WYOMING term to commence at noon on the third day power to be the judge of the election of of January in the year of our Lord one thou- CERTIFICATE OF ELECTION its members. In the words of Senator sand nine hundred and ninety-five. To the President of the Senate of the United Taft in 1953, I, Thomas R. Carper, Governor, do there- States: If a Senator takes the oath, I do not be- fore, according to the form of the Act of the This is to certify that on the 8th day of No- lieve that the fact changes the basis of the General Assembly of the said State and of vember, 1994, Craig Thomas was duly chosen vote, or the percentage of the vote required, the Act of Congress of the United States, in by the qualified electors of the State of Wyo- which is determined by the character of the such case made and provided, declare the ming a Senator from said State to represent case, rather than by anything done at the said William V. Roth, Jr. the person highest said State in the Senate of the United States time the oath is administered. in votes at the election aforesaid, and there- for the term of six years, beginning on the fore duly and legally elected Senator of and 3rd day of January, 1995. As I stated to the Senate 2 years ago, for the said State of Delaware in the Senate Witness: His excellency our governor Mike ‘‘In effect we are all sworn in ‘without of the United States, for the Constitutional Sullivan, and our seal hereto affixed at Chey- prejudice.’ ’’ enne this 7th day of December, in the year of term to commence at noon on the third day Just as the Senate retains its full of January in the year of our Lord one thou- our Lord 1994. sand nine hundred and ninety-five. MIKE SULLIVAN, power to judge the election in Califor- Given under my hand and the Great Seal of Governor. nia and all other Senate elections, the the said State, in obedience to the said Act CALIFORNIA ELECTION CONTEST pendency of an election contest does of the General Assembly and of the said Act Mr. DOLE. Mr. President, prior to not diminish the effect of the oath that of Congress, at Dover, the 15th day of Decem- the Chair asking that the Senators- will now be administered. As I also ex- ber in the year of our Lord one thousand pressed to the Senate at the opening of nine hundred and ninety-four and in the year elect present themselves to take their oath of office, I would like to address the last Congress, ‘‘All Senators sworn of the Independence of the United States of in today are Senators in every sense of America the two hundred and nineteenth. the Senate briefly on a petition sub- By the Governor: mitted on behalf of Michael the word.’’ THOMAS R. CARPER, Huffington, who was a candidate for Nevertheless, as Senator Mitchell Governor. U.S. Senator from California. The peti- told the Senate 2 years ago, the mak- tion contests the election of the Sen- ing of this statement prior to the COMMONWEALTH OF PENNSYLVANIA swearing in of a challenge Senator- ator-elect from California [Mrs. FEIN- To the President of the Senate of the United elect serves the purpose of acknowledg- States: STEIN], asserting that there were irreg- ularities and fraud in that election. ing formally that the Senate has re- This is to certify that on the eighth day of ceived an election petition and that it The petition asks that if Senator FEIN- November, 1994, Rick Santorum was duly will review the petition in accordance chosen by the qualified electors of the Com- STEIN is seated, as will occur, the seat- monwealth of Pennsylvania as a United ing be without prejudice to the ulti- with its customary procedures. States Senator to represent Pennsylvania in mate determination of the election f the Senate of the United States for a term of contest. SWEARING IN OF SENATORS six years, beginning on the third day of Jan- Election petitions are submitted to uary, 1995. the Senate pursuant to the Senate’s Mr. DASCHLE. Mr. President, I Witness: His excellency our Governor Rob- would like to state my concurrence ert P. Casey, and our seal hereto affixed at power, under article I, section 5, clause Harrisburg this twenty-second day of Decem- 1 of the Constitution, to ‘‘be the judge with the basic proposition stated today ber, in the year of our Lord, 1994. of the elections, returns, and qualifica- that the administration of the oath to By the Governor: tions of its own members.’’ Under rule Senator-elect FEINSTEIN will not preju- ROBERT CASEY, 25 of the Standing Rules of the Senate, dice in any way the Senate’s constitu- Governor. petitions concerning contested elec- tional power to judge the California election. Neither will the pendency of STATE OF MARYLAND tions shall be referred to the Commit- tee on Rules and Administration, and Mr. Huffington’s petition diminish in To the President of the Senate of the United any way the effect of the oath that will States: that shall be done with Mr. now be administered to Senator FEIN- This is to certify that on the 8th day of No- Huffington’s petition. It shall be the vember, 1994, Paul S. Sarbanes was duly cho- responsibility of the Rules Committee STEIN. I join in the observation by Sen- sen by the qualified voters of the State of to determine what procedures should ator DOLE and shared by previous Sen- Maryland a Senator from said State to rep- be followed in considering the merits of ate leaders that all Senators sworn in resent said State in the Senate of the United Mr. Huffington’s election contest, and today are Senators in every sense of States for a term of six years, beginning on whether a recommendation should be the word. the 3rd day of January, 1995. made to the Senate about its disposi- f Witness: His excellency our Governor, Wil- liam Donald Schaefer, and our seal hereto af- tion. With respect to the swearing in that ADMINISTRATION OF OATH OF fixed at the City of Annapolis, this 7th day of OFFICE December, in the Year of Our Lord, One will follow, the petition asks that we Thousand, Nine Hundred and Ninety-four. consider at this time the narrower The VICE PRESIDENT. If the Sen- WILLIAM DONALD SCHAEFER, question whether the oath should be ators to be sworn will now present Governor. administered to Senator FEINSTEIN themselves at the desk in groups of without prejudice to the election peti- four as their names are called in alpha- STATE OF MAINE tion. At the convening of the 103d Con- betical order, the Chair will administer Greeting: Know Ye, That Olympia J. gress, Senator Mitchell and I addressed their oaths of office. Snowe of Auburn in the County of Androscoggin on the eighth day of Novem- the Senate on how that question has The clerk will read the names of the ber, in the year One Thousand Nine Hundred been viewed in previous election con- first group. and Ninety-Four, was chosen by the electors tests. In the course of our remarks, we The legislative clerk called the of this State, a United States Senator in the particularly relied on the analysis of a names of Mr. ABRAHAM, Mr. AKAKA, Mr. One Hundred Fourth Congress of the United predecessor of ours as majority leader, ASHCROFT, and Mr. BINGAMAN. States of America to represent the State of Senator Robert Taft of Ohio. Our full These Senators, escorted by former Maine in the United States Senate, for the remarks, and a reprinting of remarks Senator Griffin and Mr. LEVIN, Mr. term of six years, beginning on the third day delivered by Senator Taft in 1953, are INOUYE, Mr. BOND, and Mr. DOMENICI, of January, in the year nineteen hundred and ninety-five. set forth in the RECORD for January 5, respectively, advanced to the desk of In Testimony Whereof, I have caused the 1993. I shall not repeat all that has been the Vice President; the oath prescribed Great Seal of the State to be affixed, given said previously, but the essential point by law was administered to them by under my hand at Augusta this first day of is as follows. the Vice President; and they severally January 4, 1995 CONGRESSIONAL RECORD — SENATE S 5 subscribed to the oath in the Official These Senators, escorted by Mr. sas.—DALE BUMPERS and DAVID H. Oath Book. MCCAIN, Mr. BRADLEY, Mr. DODD, and PRYOR. California.—DIANNE FEINSTEIN The VICE PRESIDENT. Congratula- Mr. COCHRAN, respectively, advanced to and BARBARA BOXER. Colorado.—HANK tions. the desk of the Vice President, the BROWN and BEN NIGHTHORSE CAMPBELL. (Applause, Senators rising.) oath prescribed by law was adminis- Connecticut.—CHRISTOPHER J. DODD The VICE PRESIDENT. The clerk tered to them by the Vice President, and JOSEPH I. LIEBERMAN. Delaware.— will read the names of the next group. and they severally subscribed to the JOSEPH R. BIDEN, Jr. and WILLIAM V. The legislative clerk called the oath in the Official Oath Book. ROTH, Jr. Florida.—BOB GRAHAM and names of Mr. BRYAN, Mr. BURNS, Mr. The VICE PRESIDENT. Congratula- CONNIE MACK. Georgia.—SAM NUNN and BYRD, and Mr. CHAFEE. tions. PAUL COVERDELL. Hawaii.—DANIEL K. These Senators, escorted by Mr. [Applause, Senators rising.] INOUYE and DANIEL K. AKAKA. Idaho.— REID, Mr. BAUCUS, Mr. ROCKEFELLER, The VICE PRESIDENT. The clerk LARRY E. CRAIG and DIRK KEMPTHORNE. and Mr. PELL, respectively, advanced will read the names of the next group. Illinois.—PAUL SIMON and CAROL to the desk of the Vice President, the The assistant legislative clerk called MOSELEY-BRAUN. Indiana.—RICHARD G. oath prescribed by law was adminis- the names of Mr. LUGAR, Mr. MACK, Mr. LUGAR and DAN COATS. Iowa.—CHARLES tered to them by the Vice President, MOYNIHAN, and Mr. ROBB. E. GRASSLEY and TOM HARKIN. Kan- and they severally subscribed to the These Senators, escorted by Mr. sas.—BOB DOLE and NANCY LANDON oath in the Official Oath Book. COATS, Mr. GRAHAM, Mr. D’AMATO, and KASSEBAUM. Kentucky.—WENDELL H. The VICE PRESIDENT. Congratula- Mr. WARNER, respectively, advanced to FORD and MITCH MCCONNELL. Louisi- tions. the desk of the Vice President, the ana.—J. BENNETT JOHNSTON and JOHN (Applause, Senators rising.) oath prescribed by law was adminis- B. BREAUX. Maine.—WILLIAM S. COHEN The VICE PRESIDENT. The clerk tered to them by the Vice President, and OLYMPIA J. SNOWE. Maryland.— will read the names of the next group. and they severally subscribed to the PAUL S. SARBANES and BARBARA MI- The legislative clerk called the oath in the Official Oath Book. KULSKI. Massachusetts.—EDWARD M. names of Mr. CONRAD, Mr. DEWINE, The VICE PRESIDENT. Congratula- KENNEDY and JOHN F. KERRY. Michi- Mrs. FEINSTEIN, and Mr. FRIST. tions. gan.—CARL LEVIN and SPENCER ABRA- These Senators, escorted by Mr. DOR- [Applause, Senators rising.] HAM. Minnesota.—PAUL D. WELLSTONE GAN, Mr. GLENN, Mrs. BOXER, and The VICE PRESIDENT. The clerk former Senator Baker, respectively, will read the names of the next group. and ROD GRAMS. Mississippi.—THAD advanced to the desk of the Vice Presi- The assistant legislative clerk called COCHRAN and TRENT LOTT. Missouri.— CHRISTOPHER S. BOND and JOHN dent, the oath prescribed by law was the names of Mr. ROTH, Mr. SANTORUM, ASHCROFT. Montana.—MAX BAUCUS and administered to them by the Vice Mr. SARBANES, and Ms. SNOWE. President, and they severally sub- These Senators, escorted by Mr. CONRAD R. BURNS. Nebraska.—J. JAMES scribed to the oath in the Official Oath BIDEN, Mr. SPECTER, Ms. MIKULSKI, and EXON and J. ROBERT KERREY. Nevada.— Book. Mr. COHEN, respectively, advanced to HARRY REID and RICHARD BRYAN. New The VICE PRESIDENT. Congratula- the desk of the Vice President, the Hampshire.—BOB SMITH and JUDD tions. oath prescribed by law was adminis- GREGG. New Jersey.—BILL BRADLEY (Applause, Senators rising.) tered to them by the Vice President, and FRANK LAUTENBERG. New Mexico.— The VICE PRESIDENT. The clerk and they severally subscribed to the PETE V. DOMENICI and JEFF BINGAMAN. will read the names of the next group. oath in the Official Oath Book. New York.—DANIEL PATRICK MOYNIHAN The legislative clerk called the The VICE PRESIDENT. Congratula- and ALFONSE D’AMATO. North Caro- names of Mr. GORTON, Mr. GRAMS, Mr. tions. lina.—JESSE HELMS and LAUCH HATCH, and Mrs. HUTCHISON. [Applause, Senators rising.] FAIRCLOTH. North Dakota.—KENT These Senators, escorted by Mrs. The VICE PRESIDENT. The clerk CONRAD and BYRON L. DORGAN. Ohio.— MURRAY, Mr. DURENBERGER, Mr. BEN- will read the names of the next group. JOHN GLENN and MIKE DEWINE. Okla- NETT, and Mr. GRAMM, respectively, ad- The legislative clerk called the homa.—DON NICKLES and JAMES M. vanced to the desk of the Vice Presi- names of Mr. THOMAS and Mr. THOMP- INHOFE. Oregon.—MARK O. HATFIELD dent, the oath prescribed by law was SON. and BOB PACKWOOD. Pennsylvania.— administered to them by the Vice The VICE PRESIDENT. The Senators ARLEN SPECTER and RICK SANTORUM. President, and they severally sub- will come forward. Rhode Island.—CLAIBORNE PELL and scribed to the oath in the Official Oath These Senators, escorted by Mr. JOHN H. CHAFEE. South Carolina.— Book. SIMPSON and Mr. Baker, respectively, STROM THURMOND and ERNEST F. HOL- The VICE PRESIDENT. Congratula- advanced to the desk of the Vice Presi- LINGS. South Dakota.—LARRY PRES- tions. dent; and they severally subscribed to SLER and THOMAS A. DASCHLE. Ten- (Applause, Senators rising.) the oath in the Official Oath Book. nessee.—FRED THOMPSON and WILLIAM The VICE PRESIDENT. The clerk The VICE PRESIDENT. Congratula- H. FRIST. Texas.—PHIL GRAMM and KAY will read the names of the next group. tions. BAILEY HUTCHISON. Utah.—ORRIN G. The legislative clerk called the [Applause, Senators rising.] HATCH and ROBERT F. BENNETT. Ver- names of Mr. JEFFORDS, Mr. KENNEDY, Mr. DOLE addressed the Chair. mont.—PATRICK J. LEAHY and JAMES Mr. KERREY, and Mr. KOHL. The VICE PRESIDENT. The majority JEFFORDS. Virginia.—JOHN W. WARNER These Senators, escorted by Mr. leader is recognized. and CHARLES S. ROBB. Washington.— LEAHY, Mr. KERRY, Mr. EXON, and Mr. Mr. DOLE. Mr. President, I suggest SLADE GORTON and PATTY MURRAY. FEINGOLD, respectively, advanced to the absence of a quorum. West Virginia.—ROBERT C. BYRD and the desk of the Vice President, the The VICE PRESIDENT. The clerk JOHN D. ROCKEFELLER IV. Wisconsin.— oath prescribed by law was adminis- will call the roll. HERB KOHL and RUSSELL D. FEINGOLD. tered to them by the Vice President, The legislative clerk proceeded to Wyoming.—ALAN K. SIMPSON and CRAIG and they severally subscribed to the call the roll. THOMAS. oath in the Official Oath Book. The VICE PRESIDENT. A quorum is The VICE PRESIDENT. The majority The VICE PRESIDENT. Congratula- present. leader is recognized. tions. f The Senate will be in order. (Applause, Senators rising.) Mr. DOLE. Mr. President, may we The VICE PRESIDENT. The clerk LIST OF SENATORS BY STATES have order? will read the names of the next group. Alabama.—HOWELL HEFLIN and RICH- The VICE PRESIDENT. The Senate The assistant legislative clerk called ARD SHELBY. Alaska.—TED STEVENS will be in order. Members having con- the names of Mr. KYL, Mr. LAUTEN- and FRANK H. MURKOWSKI. Arizona.— versations are asked to cease their con- BERG, Mr. LIEBERMAN, and Mr. LOTT. JOHN MCCAIN and JOHN KYL. Arkan- versations or retire to the Cloakroom. S 6 CONGRESSIONAL RECORD — SENATE January 4, 1995 INFORMING THE PRESIDENT OF FIXING THE HOUR OF DAILY ELECTING SHEILA BURKE AS THE THE UNITED STATES THAT A MEETING OF THE SENATE SECRETARY OF THE SENATE QUORUM OF EACH HOUSE IS AS- Mr. COCHRAN. Mr. President, I send Mr. DOLE. Mr. President, I send a SEMBLED a resolution to the desk. resolution to the desk. Mr. DOLE. Mr. President, I send a The VICE PRESIDENT. The clerk The VICE PRESIDENT. The clerk resolution to the desk. will report. will report the resolution. The VICE PRESIDENT. The clerk The legislative clerk read as follows: The legislative clerk read as follows: will report the resolution. A resolution (S. Res. 3) fixing the hour of A resolution (S. Res. 6) electing Sheila The legislative clerk read as follows: daily meeting of the Senate. Burke as Secretary of the Senate. A resolution (S. Res. 1) informing the The VICE PRESIDENT. Without ob- The VICE PRESIDENT. Without ob- President of the United States that a jection, the resolution is agreed to. jection, the resolution is agreed to. quorum of each House is assembled. The resolution (S. Res. 6) reads as The resolution (S. Res. 3) reads as The VICE PRESIDENT. Without ob- follows: follows: jection, the resolution is agreed to. Resolved, That Sheila P. Burke, of Califor- The resolution (S. Res. 1) reads as Resolved, That the hour of daily meeting of nia, be and she is hereby elected Secretary of follows: the Senate be 12 o’clock meridian unless oth- the Senate, beginning January 4, 1995. erwise ordered. Resolved, That a committee consisting of f two Senators be appointed to join such com- f mittee as may be appointed by the House of ELECTING HOWARD O. GREENE, Representatives to wait upon the President ELECTION OF THE HONORABLE JR., AS THE SERGEANT AT of the United States and inform him that a STROM THURMOND AS PRESI- ARMS AND DOORKEEPER OF THE quorum of each House is assembled and that SENATE the Congress is ready to receive any commu- DENT PRO TEMPORE OF THE nication he may be pleased to make. SENATE Mr. DOLE. Mr. President, I send a resolution to the desk. The VICE PRESIDENT. Pursuant to Mr. DOLE. Mr. President, I send a The VICE PRESIDENT. The clerk Senate Resolution 1, the Chair ap- resolution to the desk. points the Senator from Kansas [Mr. will report. The VICE PRESIDENT. The clerk The legislative clerk read as follows: DOLE], and the Senator from South Da- will report. A resolution (S. Res. 7) electing Howard O. kota [Mr. DASCHLE] as a committee to The assistant legislative clerk read join the committee on the part of the Greene, Jr., as Sergeant at Arms and Door- as follows: keeper of the Senate. House of Representatives to wait upon A resolution (S. Res. 4) to elect the Honor- the President of the United States and The VICE PRESIDENT. Without ob- able STROM THURMOND, of the State of South inform him that a quorum is assembled jection, the resolution is agreed to. Carolina, to be President pro tempore of the The resolution (S. Res. 7) reads as and that the Congress is ready to re- Senate of the United States. ceive any communication he may be follows: The VICE PRESIDENT. Without ob- pleased to make. Resolved, That Howard O. Greene, Jr., of The Democratic leader. jection, the resolution is agreed to. Delaware, be and he is hereby elected Ser- Mr. DASCHLE. Mr. President, I move The resolution (S. Res. 4) reads as geant at Arms and Doorkeeper of the Senate beginning January 4, 1995. to reconsider the vote. follows: The VICE PRESIDENT. Without ob- Resolved, That the Honorable Strom Thur- f mond, a Senator from the State of South jection, the motion to reconsider is ELECTING ELIZABETH B. GREENE laid upon the table. I move to lay that Carolina, be and he is hereby, elected Presi- dent of the Senate pro tempore, to hold of- AS THE SECRETARY OF THE MA- motion on the table. JORITY OF THE SENATE The motion to lay on the table was fice during the pleasure of the Senate, in ac- cordance with rule I, paragraph 1, of the agreed to. Mr. DOLE. Mr. President, I send a Standing Rules of the Senate. resolution to the desk. f Mr. DASCHLE. Mr. President, I ask The VICE PRESIDENT. The clerk unanimous consent that Senator BYRD will report. INFORMING THE HOUSE OF REP- be added a cosponsor of the resolution The assistant legislative clerk read RESENTATIVES THAT A QUORUM just adopted. as follows: OF THE SENATE IS ASSEMBLED The VICE PRESIDENT. Without ob- A resolution (S. Res. 8) electing Elizabeth Mr. DOLE. Mr. President, I send a jection, it is so ordered. B. Greene as secretary of the majority of the resolution to the desk and ask for its Senate. immediate consideration. f The VICE PRESIDENT. Without ob- The VICE PRESIDENT. The clerk jection, the resolution is agreed to. will report. NOTIFYING THE PRESIDENT OF The resolution (S. Res. 8) reads as The assistant legislative clerk read THE UNITED STATES OF THE follows: as follows: ELECTION OF A PRESIDENT PRO Resolved, That Elizabeth B. Greene, of Vir- A resolution (S. Res. 2) informing the TEMPORE ginia, be and she is hereby elected Secretary for the Majority, beginning January 4, 1995. House of Representatives that a quorum of Mr. COCHRAN. Mr. President, I send the Senate is assembled. a resolution to the desk. f The VICE PRESIDENT. Without ob- The VICE PRESIDENT. The clerk NOTIFICATION TO THE PRESIDENT jection, the resolution is agreed to. will report the resolution. Mr. DOLE. Mr. President, I send to The resolution (S. Res. 2) reads as The assistant legislative clerk read the desk a resolution and I ask for its follows: as follows: Resolved, That the Secretary inform the immediate consideration. A resolution (S. Res. 5) notifying the Presi- House of Representatives that a quorum of The VICE PRESIDENT. The clerk the Senate is assembled and that the Senate dent of the United States of the election of will report the resolution. is ready to proceed to business. a President pro tempore. The legislative clerk read as follows: Mr. DASCHLE. Mr. President, I move The VICE PRESIDENT. Without ob- A resolution (S. Res. 9) notifying the Presi- to reconsider the vote by which the jection, the resolution is agreed to. dent of the United States of the election of resolution was agreed to. The resolution (S. Res. 5) reads as a Secretary of the Senate. Mr. DOLE. I move to lay that motion follows: The VICE PRESIDENT. Without ob- on the table. Resolved, That the President of the United jection, the resolution is agreed to. The motion to lay on the table was States be notified of the election of the Hon- The resolution (S. Res. 9) reads as agreed to. orable STROM THURMOND, a Senator from the follows: The VICE PRESIDENT. The Senator State of South Carolina, as President pro Resolved, That the President of the United from Mississippi. tempore. States be notified of the election of the Hon- January 4, 1995 CONGRESSIONAL RECORD — SENATE S 7 orable Sheila P. Burke, of California, as Sec- mittees, including the Senate Judici- NOTIFYING THE HOUSE OF REP- retary of the Senate. ary and Appropriations Committees. RESENTATIVES OF THE ELEC- f And she was outstanding as manager of TION OF SHEILA BURKE AS SEC- the floor staff for the Senate Demo- RETARY OF THE SENATE ADMINISTRATION OF OATH TO SENATOR STROM THURMOND AS cratic Policy Committee. Mr. LOTT. Mr. President, I send a PRESIDENT PRO TEMPORE OF In April, 1987, Ms. Saffold became the resolution to the desk and ask for its THE SENATE FOR THE 104TH first woman of either party to serve as immediate consideration. CONGRESS Secretary for the Majority. The PRESIDENT pro tempore. The In this position, she demonstrated clerk will report. The VICE PRESIDENT. The Presi- that she is highly skilled as a legisla- The legislative clerk read as follows: dent pro tempore will be escorted to tive strategist, highly adept in running A resolution (S. Res. 12) notifying the the desk for the oath of office by the the Cloakroom, and highly talented in House of Representatives of the election of President pro tempore, the Senator helping Senators do their best in a sys- Sheila Burke as Secretary of the Senate. from West Virginia [Mr. BYRD]. The PRESIDENT pro tempore. With- The President pro tempore, escorted tem that sometimes is troubling and out objection, the resolution is agreed by Senator BYRD, advanced to the desk too often frustrating. Ms. Saffold is all to. of the Vice President; the oath was ad- that a party leader could ask for in The resolution (S. Res. 12) reads as ministered to him by the Vice Presi- this demanding position—and more. follows: dent; and he subscribed to the oath in I have read of the time when Senate the Official Oath Book. Majority Leader Howard Baker held up Resolved, That the House of Representa- a Senate debate while Ms. Saffold com- tives be notified of the election of the Honor- [Applause, Senators rising.] able Sheila P. Burke, of California, as Sec- f pleted negotiating the legislative time- retary of the Senate. table with his staff. The Republican The PRESIDENT pro tempore. The ADMINISTRATION OF OATH TO majority leader, for the RECORD, ex- majority leader is recognized. THE SECRETARY OF THE SENATE plained: ‘‘We’re just here waiting for The PRESIDENT pro tempore. The Abby.’’ f Secretary of the Senate will be es- Mr. President, I have no doubt that, AMENDING RULE XXV corted to the desk for the oath of of- as the Democratic leader, I will be even fice. more dependent on Ms. Saffold. I am Mr. DOLE. Mr. President, I send a The Honorable Sheila Burke, es- delighted to have her serving as Sec- resolution to the desk. corted by the Honorable Martha Pope, retary to the Minority. The PRESIDENT pro tempore. The clerk will report. advanced to the desk of the President I thank my colleagues for electing The legislative clerk read as follows: pro tempore; the oath prescribed by Ms. Saffold to the position, and I thank law was administered to her by the Ms. Saffold for accepting it. A resolution (S. Res. 13) amending rule XXV. President pro tempore. The PRESIDENT pro tempore. With- [Applause, Senators rising.] out objection, the resolution is agreed The PRESIDENT pro tempore. With- f to. out objection, the resolution is agreed to. The resolution (S. Res. 10) reads as ELECTING C. ABBOTT SAFFOLD AS The resolution (S. Res. 13) reads as follows: THE SECRETARY FOR THE MI- follows: Resolved, That C. Abbott Saffold be and she NORITY Resolved, That at the end of Rule XXV, add is hereby elected Secretary for the Minority the following: Mr. DASCHLE. Mr. President, I send of the Senate, beginning January 4, 1995. a resolution to the desk and ask for its A Senator who on the date this subdivision f is agreed to is serving on the Committee on immediate consideration. Agriculture, Nutrition, and Forestry, and The PRESIDENT pro tempore. The the Committee on Appropriations, may, dur- clerk will report. NOTIFYING THE HOUSE OF REP- ing the One Hundred Fourth Congress, also The legislative clerk read as follows:. RESENTATIVES OF THE ELEC- serve as a member of the Committee on Gov- A resolution (S. Res. 10) electing C. Abbott TION OF A PRESIDENT PRO TEM- ernmental Affairs, but in no event may such Saffold as the Secretary for the Minority of PORE OF THE U.S. SENATE Senator serve, by reason of this subdivision, the Senate. as a member of more than three committees Mr. FORD. Mr. President, I send a listed in paragraph 2. Mr. DASCHLE. Mr. President, with resolution to the desk and ask for its A Senator who on the date this subdivision great pleasure I announce the selection immediate consideration. is agreed to is serving on the Committee on of Ms. Abby Saffold as Secretary for The PRESIDENT pro tempore. The Armed Services, and the Committee on Envi- the Minority. clerk will report. ronment and Public Works, may, during the There could not be a better or more The legislative clerk read as follows: One Hundred Fourth Congress, also serve as qualified person for this position. It is a member of the Committee on Agriculture, A resolution (S. Res. 11) notifying the Nutrition, and Forestry, but in no event may a position that demands patience, wis- House of Representatives of the election of a dom, and instinct, as well as dedication such Senator serve, by reason of this subdivi- President pro tempore of the U.S. Senate. sion, as a member of more than three com- and an incredibly high degree of com- The PRESIDENT pro tempore. With- mittees listed in paragraph 2. petence. It demands the ability to work out objection the resolution is agreed A Senator who on the date this subdivision and to look after the interests of 47 of to. is agreed to is serving on the Committee on the most demanding people in the Finance, and the Committee on the Judici- country. And it demands a deep and The resolution (S. Res. 11) reads as ary, may, during the One Hundred Fourth broad knowledge of the workings of the follows: Congress, also serve as member of the Com- U.S. Congress. Resolved, That the House of Representa- mittee on Governmental Affairs, but in no Ms. Saffold meets these requirements tives be notified of the election of the Honor- event may such Senator serve, by reason of able Strom Thurmond, a Senator from the this subdivision, as a member of more than and more. As former Senate Majority three committees listed in paragraph 2. Leader George Mitchell stated, ‘‘to State of South Carolina, as President pro tempore of the Senate. A Senator who on the date this subdivision know Abby is a pleasure. To work with is agreed to is serving on the Committee on her is a delight.’’ Mr. FORD. I move to reconsider the Armed Services, and the Committee on Com- Ms. Saffold is a congressional vet- vote. merce, Science, and Transportation, may, eran. On the House side, she worked for Mr. LOTT. I move to lay that motion during the One Hundred Fourth Congress, Representatives William Scott and on the table, Mr. President. also serve as a member of the Committee on Lloyd Meeds. On the Senate side, she The motion to lay on the table was Governmental Affairs, but in no event may agreed to. such Senator serve, by reason of this subdivi- has worked for Senate giants, includ- sion, as a member of more than three com- ing Gaylord Nelson, Birch Bayh, ROB- Mr. LOTT addressed the Chair. mittees listed in paragraph 2. ERT C. BYRD, and George Mitchell. She The PRESIDENT pro tempore. The A Senator who on the date this subdivision has served on important Senate com- Senator from Mississippi. is agreed to is serving on the Committee on S 8 CONGRESSIONAL RECORD — SENATE January 4, 1995 Commerce, Science, and Transportation, and A RESOLUTION MAKING MAJORITY Mr. Harkin, Mr. Conrad, Mr. Daschle, Mr. the Committee on Appropriations, may, dur- PARTY APPOINTMENTS TO CER- Baucus, and Mr. Kerrey (NE). ing the One Hundred Fourth Congress, also TAIN SENATE COMMITTEES FOR Committee on Appropriations: Mr. Byrd, serve as a member of the Committee on THE 104TH CONGRESS Mr. Inouye, Mr. Hollings, Mr. Johnston, Mr. Labor and Human Resources, but in no event Leahy, Mr. Bumpers, Mr. Lautenberg, Mr. may such Senator serve, by reason of this Mr. LOTT. Mr. President, I send a Harkin, Ms. Mikulski, Mr. Reid, Mr. Kerrey subdivision, as a member of more than three resolution to the desk and ask for its (NE), Mr. Kohl, and Mrs. Murray. committees listed in paragraph 2. immediate consideration. Committee on Armed Services: Mr. Nunn, A Senator who on the date this subdivision The PRESIDENT pro tempore. The Mr. Exon, Mr. Levin, Mr. Kennedy, Mr. Bingaman, Mr. Glenn, Mr. Byrd, Mr. Robb, is agreed to is serving on the Committee on clerk will report. Mr. Lieberman, and Mr. Bryan. Appropriations, and the Committee on Labor The legislative clerk read as follows: Committee on Banking, Housing, and and Human Resources, may, during the One A resolution (S. Res. 15) making majority Urban Affairs: Mr. Sarbanes, Mr. Dodd, Mr. Hundred Fourth Congress, also serve as a party appointments to certain Senate com- Kerry (MA), Mrs. Boxer, Mr. Campbell, Ms. member of the Committee on Energy and mittees for the 104th Congress. Moseley-Braun, and Mrs. Murray. Natural Resources, but in no event may such The PRESIDENT pro tempore. With- Committee on Commerce, Science, and Senator serve, by reason of this subdivision, Transportation: Mr. Hollings, Mr. Inouye, as a member of more than three committees out objection, the resolution is agreed to. Mr. Ford, Mr. Exon, Mr. Rockefeller, Mr. listed in paragraph 2. Kerry (MA), Mr. Breaux, Mr. Bryan, and Mr. The resolution (S. Res. 15) reads as Dorgan. f follows: Committee on Energy and Natural Re- Resolved, That the following shall con- sources: Mr. Johnston, Mr. Bumpers, Mr. A RESOLUTION AMENDING stitute the majority party’s membership on Ford, Mr. Bradley, Mr. Bingaman, Mr. PARAGRAPH 2 OF RULE XXV the following standing committees for the Akaka, Mr. Wellstone, and Mr. Campbell. 104th Congress, or until their successors are Committee on Environment and Public Mr. DOLE. Mr. President, I send a chosen: Works: Mr. Baucus, Mr. Moynihan, Mr. Lau- resolution to the desk and ask that it Committee on Armed Services: Mr. Thur- tenberg, Mr. Reid, Mr. Graham, Mr. be read by title. mond, Mr. Warner, Mr. Cohen, Mr. McCain, Lieberman, and Mrs. Boxer. The PRESIDENT pro tempore. The Mr. Lott, Mr. Coats, Mr. Smith, Mr. Committee on Finance: Mr. Moynihan, Mr. clerk will report. Kempthorne, Mrs. Hutchison, Mr. Inhofe, Baucus, Mr. Bradley, Mr. Pryor, Mr. Rocke- The assistant legislative clerk read and Mr. Santorum. feller, Mr. Breaux, Mr. Conrad, Mr. Graham Committee on Banking, Housing, and (FL), and Ms. Moseley-Braun. as follows: Urban Affairs: Mr. D’Amato, Mr. Gramm, Committee on Foreign Relations: Mr. Pell, A resolution (S. Res. 14) amending para- Mr. Shelby, Mr. Bond, Mr. Mack, Mr. Mr. Biden, Mr. Sarbanes, Mr. Dodd, Mr. graph 2 of Rule XXV. Faircloth, Mr. Bennett, Mr. Grams, and Mr. Kerry (MA), Mr. Robb, Mr. Feingold, and The PRESIDENT pro tempore. Is Frist. Mrs. Feinstein. Committee on Commerce, Science, and Committee on Governmental Affairs: Mr. there objection to consideration of the Transportation: Mr. Pressler, Mr. Packwood, Glenn, Mr. Nunn, Mr. Levin, Mr. Pryor, Mr. resolution? Mr. Stevens, Mr. McCain, Mr. Burns, Mr. Lieberman, Mr. Akaka, and Mr. Dorgan. Mr. HARKIN. Mr. President, reserv- Gorton, Mr. Lott, Mrs. Hutchison, Ms. Committee on the Judiciary: Mr. Biden, ing the right to object, I ask unani- Snowe, and Mr. Ashcroft. Mr. Kennedy, Mr. Leahy, Mr. Heflin, Mr. mous consent that when the resolution Committee on Finance: Mr. Packwood, Mr. Simon, Mr. Kohl, Mrs. Feinstein, and Mr. is considered today that I be permitted Dole, Mr. Roth, Mr. Chafee, Mr. Grassley, Feingold. Mr. Hatch, Mr. Simpson, Mr. Pressler, Mr. Committee on Labor and Human Re- to offer an amendment to it today. My D’Amato, Mr. Murkowski, and Mr. Nickles. sources: Mr. Kennedy, Mr. Pell, Mr. Dodd, amendment makes changes in rule 22 Committee on the Judiciary: Mr. Hatch, Mr. Simon, Mr. Harkin, Ms. Mikulski, and and the majority leader is aware of Mr. Thurmond, Mr. Simpson, Mr. Grassley, Mr. Wellstone. this. Mr. Specter, Mr. Brown, Mr. Thompson, Mr. f The PRESIDENT pro tempore. Is Kyl, Mr. DeWine, and Mr. Abraham. Committee on Labor and Human Re- TO AMEND PARAGRAPH 4 OF RULE there objection? sources: Mrs. Kassebaum, Mr. Jeffords, Mr. Mr. BYRD. Mr. President, reserving XXV OF THE STANDING RULES Coats, Mr. Gregg, Mr. Frist, Mr. DeWine, Mr. OF THE SENATE the right to object. Ashcroft, Mr. Abraham, and Mr. Gorton. The PRESIDENT pro tempore. The Mr. DASCHLE. Mr. President, I send f Senator from West Virginia. a second resolution to the desk and ask Mr. BYRD. Mr. President, I have no TO MAKE MINORITY PARTY AP- for its consideration. objection. POINTMENTS TO SENATE COM- The PRESIDENT pro tempore. The The PRESIDENT pro tempore. Is MITTEES UNDER PARAGRAPH 2 clerk will report. there objection? Hearing none, it is so OF RULE XXV FOR THE ONE The legislative clerk read as follows: ordered. HUNDRED AND FOURTH CON- To amend paragraph 4 of rule XXV of the Mr. DOLE addressed the Chair. GRESS Standing Rules of the Senate. The PRESIDENT pro tempore. With- The PRESIDENT pro tempore. The Mr. DASCHLE. Mr. President, I send distinguished majority leader. out objection, the resolution is agreed a resolution to the desk and ask for its to. Mr. DOLE. Mr. President, I share the immediate consideration. view expressed by the Senator from The resolution (S. Res. 17) reads as The PRESIDENT pro tempore. The follows; Iowa, and I ask unanimous consent now clerk will report. that the resolution be laid aside until The assistant legislative clerk read Resolved, That paragraph 4 of the Rule the conclusion of routine morning busi- XXV is amended by striking (h)(1) through as follows: (h)(15) and inserting in lieu thereof the fol- ness later today, and then we can pro- A resolution (S. Res. 16) to make minority lowing: ceed. party appointments to Senate committees ‘‘(h)(1) A Senator who on the last day of The PRESIDENT pro tempore. With- under paragraph 2 of rule XXV for the 104th the One Hundred Third Congress was serving out objection, so ordered. Congress. as a member of the Committee on Environ- Mr. DOLE. Mr. President, let me fur- The PRESIDENT pro tempore. With- ment and Public Works and the Committee on Finance may, during the One Hundred ther state that the purpose of the reso- out objection, the resolution is agreed to. Fourth Congress, also serve as a member of lution is to set the size of committees, the Committee on Agriculture, Nutrition and it is this resolution that the Sen- The resolution (S. Res. 16) reads as and Forestry so long as his service as a mem- ator from Iowa has chosen to amend. follows: ber of each such committee is continuous, That will be debated later on this Resolved, That the following shall con- but in no event may he serve, by reason of afternoon. stitute the minority party’s membership on this subdivision, as a member of more than the standing committees for the One Hun- three committees listed in paragraph 2. dred and Fourth Congress, or until their suc- ‘‘(2) A Senator who on the last day of the cessors are chosen: One Hundred Third Congress was serving as a Committee on Agriculture, Nutrition, and member of the Committee on Banking, Hous- Forestry: Mr. Leahy, Mr. Pryor, Mr. Heflin, ing and Urban Affairs and the Committee on January 4, 1995 CONGRESSIONAL RECORD — SENATE S 9 Foreign Relations may, during the One Hun- which are obtained at the beginning of to Senate amendments to House bills dred Fourth Congress, also serve as a mem- each Congress, governing the day-to- or resolutions. ber of the Committee on labor and Human day activity. As in the past these con- Mr. President, I ask unanimous con- Resources so long as his service as a member of each such committee is continuous, but in sents have been cleared with the mi- sent that for the duration of the 104th no event may he serve, by reason of this sub- nority leader. Congress, when the Senate is in recess division, as a member of more than three Therefore, I send to the desk 11 unan- or adjournment, the Secretary of the committees listed in paragraph 2. imous-consent requests and ask for Senate be authorized to receive mes- ‘‘(3) A Senator who on the last day of the their immediate consideration en bloc sages from the President of the United One Hundred Third Congress was serving as a and that the motions to reconsider be States, and—with the exception of member of the Committee on Agriculture, laid upon the table. House bills, joint resolutions, and con- Nutrition and Forestry and the Committee current resolutions—messages from the on Appropriations may, during the One Hun- Mr. President, I ask unanimous con- dred Fourth Congress, also serve as a mem- sent that for the duration of the 104th House of Representatives; and that ber of the Committee on Labor and Human Congress, the Ethics Committee be au- they be appropriately referred; and Resources so long as his service as a member thorized to meet during the session of that the President of the Senate, the of each such committee is continuous, but in the Senate. President pro tempore, and the Acting no event may he serve, by reason of this sub- Mr. President, I ask unanimous con- President pro tempore be authorized to division, as a member of more than three sent that for the duration of the 104th sign duly enrolled bills and joint reso- committees list in paragraph 2. lutions. ‘‘(4) A Senator who on the last day of the Congress, there be a limitation of 15 One Hundred Third Congress was serving as a minutes each upon any rollcall vote, Mr. President, I ask unanimous con- member of the Committee on the Judiciary with the warning signal to be sounded sent that for the duration of the 104th and the Committee on Labor may, during at the midway point, beginning at the Congress, Senators be allowed to leave the One Hundred Fourth Congress, also serve last 71⁄2 minutes, and when rollcall at the desk with the Journal clerk the as a member of the Committee on Armed votes are of 10-minute duration, the names of two staff members who will Services so long as his service as a member be granted the privilege of the floor of each such committee is continuous, but in warning signal be sounded at the begin- 1 during the consideration of the specific no event may he serve by reason of this sub- ning of the last 7 ⁄2 minutes. division, as a member of more than three Mr. President, I ask unanimous con- matter noted, and that the Sergeant- committees listed in paragraph 2. sent that during the Congress, it be in at-Arms be instructed to rotate such ‘‘(5) A Senator who on the last day of the order for the Secretary of the Senate staff members as space allows. One Hundred Third Congress was serving as a to receive reports at the desk when Mr. President, I ask unanimous con- member of the Committee on Commerce, presented by a Senator at any time sent that for the duration of the 104th Science and Transportation and the Commit- during the day of the session of the Congress, it be in order to refer trea- tee on Foreign Relations may, during the ties and nominations on the day when One Hundred Fourth Congress, also serve as Senate. a member of the Committee on Banking, Mr. President, I ask unanimous con- they are received from the President, Housing and Urban Affairs so long as his sent that the majority and minority even when the Senate has no executive service as a member of each such committee leaders may daily have up to 10 min- session that day. is continuous, but in no event may he serve, utes each on each calendar day follow- The PRESIDENT pro tempore. With- by reason of this subdivision, as a member of out objection, it is so ordered. more than three committees listed in para- ing the prayer and disposition of the reading of, or the approval of, the Jour- The unanimous-consent agreements graph 2. were agreed to en bloc as follows: ‘‘(6) A Senator who on the last day of the nal. One Hundred Third Congress was serving as a Mr. President, I ask unanimous con- UNANIMOUS-CONSENT AGREEMENTS member of the Committee on Agriculture, sent that the Parliamentarian of the Select Committee on Ethics: Senate agreed Nutrition and Forestry and the Committee House of Representatives and his three that, for the duration of the 104th Congress, on Appropriations may, during the One Hun- assistants be given the privilege of the the Select Committee on Ethics be author- dred Fourth Congress, also serve as a mem- ized to meet during the session of the Sen- ber of the Committee on the Judiciary so floor during the 104th Congress. ate. long as his service as a member of each such Mr. President, I ask unanimous con- Time for Rollcall Votes: Senate agreed that, committee is continuous, but in no event sent that, notwithstanding the provi- for the duration of the 104th Congress, there may he serve, by reason of this subdivision sions of rule XXVIII, conference re- be a limitation of 15 minutes each upon any as a member of more than three committees ports and statements accompanying rollcall vote, with the warning signal to be listed in paragraph 2. them not be printed as Senate reports sounded at the midway point, beginning at 1 ‘‘(7) A Senator who on the last day of the when such conference reports and the last 7 ⁄2 minutes, and when rollcall votes One Hundred Third Congress was serving as a are of 10-minute duration, the warning signal statements have been printed as a member of the Committee on Agriculture, be sounded at the beginning of the last 71⁄2 Nutrition and Forestry and the Committee House report unless specific request is minutes. on Finance may, during the One Hundred made in the Senate in each instance to Authority to Receive Reports: Senate agreed Fourth Congress, also serve as a member of have such a report printed. that, during the 104th Congress, it be in the Committee on Governmental Affairs so Mr. President, I ask unanimous con- order for the Secretary of the Senate to re- long as his service as a member of each such sent that the Committee on Appropria- ceive reports at the desk when presented by committee is continuous but in no event tions be authorized during the 104th a Senator at any time during the day of the session of the Senate. may he serve, by reason of this subdivision, Congress to file reports during adjourn- as a member of more than three committees Recognition of Leadership: Senate agreed listed in paragraph 2. ments or recesses of the Senate on ap- that the majority and minority leaders may ‘‘(8) A Senator who on the last day of the propriation bills, including joint reso- daily have up to 10 minutes on each calendar One Hundred Third Congress was serving as a lutions, together with any accompany- day following the prayer and disposition of member of the Committee on Armed Serv- ing notices of motions to suspend rule the reading, or the approval of, the Journal. ices and the Committee on Environment and XVI, pursuant to rule V, for the pur- House Parliamentarian Floor Privileges: Sen- Public Works may, during the One Hundred pose of offering certain amendments to ate agreed that the Parliamentarian of the Fourth Congress, also serve as a member of such bills or joint resolutions, which House of Representatives and his three as- the Committee on Governmental Affairs so sistants be given the privilege of the floor long as his service as a member of each such proposes amendments shall be printed. during the 104th Congress. committee is continuous, but in no event Mr. President, I ask unanimous con- Printing of Conference Reports: Senate may he serve, by reason of this subdivision, sent that, for the duration of the 104th agreed that, notwithstanding the provisions as a member of more than three committees Congress, the Secretary of the Senate of rule XXVIII, conference reports and state- listed in paragraph 2. be authorized to make technical and ments accompanying them not be printed as f clerical corrections in the Senate reports when such conference reports engrossments of all Senate-passed bills and statements have been printed as a House UNANIMOUS-CONSENT REQUESTS and resolutions, Senate amendments to report unless specific request is made in the Senate in each instance to have such a re- Mr. LOTT. Mr. President, the follow- House bills and resolutions, Senate port printed. ing unanimous-consent requests are amendments to House amendments to Authority for Appropriations Committee: Sen- those of the standing orders, the set- Senate bills and resolutions, and Sen- ate agreed that the Committee on Appropria- ting of the leader’s time each day ate amendments to House amendments tions be authorized during the 104th Con- S 10 CONGRESSIONAL RECORD — SENATE January 4, 1995 gress to file reports during adjournments or A resolution (S. Res. 19) sense of the Sen- Thereupon, at 1:07 p.m., the Senate recesses of the Senate on appropriation bills, ate relative to committee funding. recessed until 2:15 p.m.; whereupon, the including joint resolutions, together with Mr. BYRD. Mr. President, I object to Senate reassembled when called to any accompanying notices of motions to sus- the consideration of this resolution at pend Rule XVI, pursuant to Rule V, for the order by the Presiding Officer (Mr. purpose of offering certain amendments to this time. KEMPTHORNE). such bills or joint resolutions, which pro- The PRESIDENT pro tempore. Under The PRESIDING OFFICER. The posed amendment shall be printed. the rules, the resolution will go over. Chair recognizes the Senator from Mis- Authority for Corrections in Engrossment: f sissippi. Senate agreed that, for the duration of the 104th Congress, the Secretary of the Senate MAJORITY PARTY APPOINTMENTS f be authorized to make technical and clerical FOR CERTAIN SENATE COMMIT- corrections in the engrossment of all Senate- TEES UNANIMOUS-CONSENT AGREEMENT passed bills and resolutions, Senate amend- Mr. LOTT. Mr. President, I ask unan- ments to House bills and resolutions, Senate Mr. LOTT. Mr. President, I send a amendments to House amendments to Sen- resolution to the desk and ask for its imous consent that the previous unani- ate bills and resolutions, and Senate amend- immediate consideration. mous-consent request with regard to ments to House amendments to Senate The PRESIDENT pro tempore. The allocation of time this afternoon be amendments to House bills or resolutions. clerk will report. changed to reflect 1 hour and 20 min- Authority to Receive Messages and Sign En- The legislative clerk read as follows: utes on the majority side and 1 hour rolled Measures: Senate agreed that, for the A resolution (S. Res. 20) making majority and 20 minutes on the minority side, duration of the 104th Congress, when the party appointments for certain Senate com- with 20 minutes of the minority side Senate is in recess or adjournment, the Sec- mittees for the 104th Congress. specifically allocated to the Senator retary of the Senate be authorized to receive messages from the President of the United The PRESIDENT pro tempore. With- from West Virginia [Mr. BYRD]. States and, with the exception of House bills, out objection, the resolution is agreed The PRESIDING OFFICER. Without joint resolutions, and concurrent resolu- to. objection, it is so ordered. tions-messages from the House of Represent- The resolution (S. Res. 20) reads as Mr. LOTT. Mr. President, I suggest atives, that they be appropriately, and that follows: the absence of a quorum. the President of the Senate, the President Resolved, That the following shall con- The PRESIDING OFFICER. The pro tempore, and the Acting President pro stitute the majority party’s membership on clerk will call the roll. tempore be authorized to sign duly enrolled the following standing committees for the The assistant legislative clerk pro- bills and joint resolutions. 104th Congress, or until their successors are Privileges of the Floor: Senate agreed that, ceeded to call the roll. chosen: Mr. DOLE. Mr. President, I ask unan- for the duration of the 104th Congress, Sen- Committee on Agriculture, Nutrition, and ators be allowed to leave at the desk with Forestry: Mr. Lugar, Mr. Dole, Mr. Helms, imous consent that the order for the the Journal Clerk the names of two staff Mr. Cochran, Mr. McConnell, Mr. Craig, Mr. quorum call be rescinded. members who will be granted the privilege of Coverdell, Mr. Santorum, and Mr. Warner. The PRESIDING OFFICER. Without the floor during the consideration of the spe- Committee on Appropriations: Mr. Hat- objection, it is so ordered. cific matter noted, and that the Sergeant-at- field, Mr. Stevens, Mr. Cochran, Mr. Specter, Arms be instructed to rotate such staff mem- Mr. Domenici, Mr. Gramm, Mr. Bond, Mr. f bers as space allows. Gorton, Mr. McConnell, Mr. Mack, Mr. Referral of Treaties and Nominations: Senate Burns, Mr. Shelby, Mr. Jeffords, Mr. Gregg, MORNING BUSINESS agreed that for the duration of the 104th Con- and Mr. Bennett. The PRESIDING OFFICER. Under gress, it be in order to refer treaties and Mr. LOTT. Mr. President, I suggest the previous order, there will now be a nominations on the day when they are re- the absence of a quorum. ceived from the President, even when the period for the transaction of morning Senate has no executive session that day. The PRESIDENT pro tempore. The business with the first hour and 20 min- clerk will call the roll. f utes under the control of the majority The legislative clerk proceeded to leader with Senators permitted to APPOINTMENT OF MICHAEL DA- call the roll. speak therein for up to 10 minutes VIDSON AS SENATE LEGAL Mr. LOTT. Mr. President, I ask unan- each. COUNSEL imous consent that the order for the Mr. DOLE. Leaders’ time was re- Mr. LOTT. Mr. President, I send a quorum call be rescinded. served, is that correct? resolution to the desk and ask for its The PRESIDENT pro tempore. With- The PRESIDING OFFICER. The ma- out objection, it is so ordered. immediate consideration. jority leader retains his leader time as The PRESIDENT pro tempore. The f well. clerk will report. ACTION ON SENATE RESOLUTION f The legislative clerk read as follows: 19 VITIATED A resolution (S. Res. 18) relating to the re- Mr. LOTT. Mr. President, I ask unan- SALUTE TO STROM THURMOND appointment of Michael Davidson as Senate legal counsel. imous consent that action on Senate Mr. DOLE. Mr. President, the Fram- Resolution 19 be vitiated. ers of the Constitution in 1787 set down The PRESIDENT pro tempore. With- The PRESIDENT pro tempore. With- only a handful of rules to govern the out objection, the resolution is agreed out objection, it is so ordered. procedures of Congress. Among them to. was a provision stating that the Senate The resolution (S. Res. 18) reads as f could choose its own officers, including follows: RECESS a President pro tempore, who would Resolved, That the reappointment of Mi- Mr. LOTT. Mr. President, I now ask preside in the absence of the Vice chael Davidson to be Senate Legal Counsel made by the President pro tempore of the unanimous consent that the Senate do President. Senate this day is effective as of January 3, stand in recess until 2:15; and that at And as we begin a new session of Con- 1995, and the term of service of the appointee that time, following the leaders’ time, gress, we also begin another chapter in shall expire at the end of the One Hundred there be a period for morning business the remarkable life of the colleague Fifth Congress. not to exceed 11⁄2 hours under the con- who returns today to the position of f trol of the majority, to be followed by President pro tempore of the U.S. Sen- 1 hour under the control of the minor- ate, Senator STROM THURMOND. COMMITTEE FUNDING ity, 20 minutes specifically for the Sen- Senator THURMOND’s public service Mr. LOTT. Mr. President, I send a ator from West Virginia [Mr. BYRD], career is well known. While some have resolution to the desk and ask for its with Senators permitted to speak suggested that he actually attended immediate consideration. therein for not more than 10 minutes the Constitutional Convention in 1787, The PRESIDENT pro tempore. The each, with the exception of Senator Senator THURMOND’s political career clerk will report. BYRD who will have the 20 minutes. actually began 62 short years ago, The assistant legislative clerk read The PRESIDENT pro tempore. With- when he was elected to the South Caro- as follows: out objection, it is so ordered. lina State senate. January 4, 1995 CONGRESSIONAL RECORD — SENATE S 11 Six years in the State senate, 4 years A resolution (S. Res. 21) to amend Senate since and all that happened during as a judge, 4 years in the military, Resolution 338 (which establishes the Select those 8 years, even the fact that, in the where he piloted a glider behind enemy Committee on Ethics) to change the mem- Senate, it probably does not create the bership of the select committee from mem- lines on D-day, 4 years as Governor of bers of the Senate to private citizens. excitement—even within this Sen- South Carolina, and 40 years in the ator—that we feel for the House after U.S. Senate, add up to nearly 60 years The PRESIDING OFFICER. Is there all of those years. of service. objection to the immediate consider- So I salute my colleagues in the ation of the resolution? The hallmark of Senator THURMOND’S House and I wish them every success. Mr. DOLE. Mr. President, I object. career is much more than just longev- f ity. It is also effectiveness. As the Al- The PRESIDING OFFICER. There is objection. manac of American Politics’’ states, Mr. HELMS addressed the Chair. CONGRATULATIONS TO SENATOR Senator THURMOND decides where he The PRESIDING OFFICER. The Sen- DASCHLE wants to go, figures out how to get ator from North Carolina. there, and then does it. Mr. DOLE. Mr. President, I also wish As chairman or ranking member of f to congratulate Senator DASCHLE, the the Judiciary Committee for a dozen Democratic leader. I have said many ORDER OF PROCEDURE times if we are going to make this years, Senator THURMOND saw the need Mr. HELMS. I now ask unanimous for a war against crime and drugs long place work, as the American people ex- consent that it be in order for me to before other politicians jumped on pect us to make this place work, know- send seven bills to the desk and that board. ing that sometimes there will be dif- they be deemed to have been read the And as the new chairman of the ferences, sometimes politics will creep first time, and that my request for the Armed Services Committee, Senator in—politics is highly competitive and second reading be deemed to have been should be—but it should be based on THURMOND will continue his lifelong objected to. commitment to keeping America ideas and what may be best for the The PRESIDING OFFICER. Without strong. country. objection, it is so ordered. On behalf of all Republican Senators, But for the Senate to operate, leaders Mr. HELMS. I send the documents to have to work together. I look forward I want to express to Senator THURMOND the desk as stated. to working with Senator DASCHLE. We our admiration and respect, and tell One final thing, Mr. President. I send him how delighted we are to have him have known each other for a long time. to the desk statements to accompany We are from the same part of the coun- once again serving as President pro all eight pieces of legislation and ask tempore. try, I from Kansas and he from South that they appear in the RECORD in the Dakota. And we have many things in f appropriate place. common. Our relationship has to be The PRESIDING OFFICER. Without based on trust. There cannot be any SALUTE TO SHIRLEY FELIX objection, it is so ordered. surprises. The majority leader has the Mr. DOLE. Mr. President, as Mem- (The remarks of Mr. HELMS pertain- advantage because he has priority of bers of this Chamber know, the Senate ing to the introduction of legislation recognition. I will not permit any sur- lost a devoted employee and many of are located in today’s RECORD under prises, and Senator DASCHLE has indi- us lost a cherished friend when Shirley ‘‘Statements on Introduced Bills and cated the same. Felix passed away on December 13, Joint Resolutions.’’) I had such relationships with Senator 1994. Mr. HELMS. I thank the Chair. I MITCHELL and Senator BYRD. In fact, I As banquet manager for the U.S. Sen- thank the distinguished majority lead- talked to Senator MITCHELL this morn- ate for the last 20 years, Shirley er. I am happy to call him that. ing about 11:10 a.m. I said: ‘‘George, worked closely with the leadership of- I suggest the absence of a quorum. you have 50 minutes left. Is there any- fices, and with the offices of almost The PRESIDING OFFICER. The thing you want me to do?’’ We were every Senator. clerk will call the roll. good friends and we worked well to- Once you began working with Shir- Mr. DOLE. Will the Senator with- gether, as I did with Senator BYRD. ley, it did not take you long to realize hold? I learned a lot from Senator BYRD. I that she was a true professional. She Mr. HELMS. Yes. decided a long time ago never to argue The PRESIDING OFFICER. The ma- knew how to get the job done right, about the rules with Senator BYRD, be- and she did it with a friendly and car- jority leader is recognized. cause you will lose. He wrote most of ing attitude. f them, and he defined others; he has Shirley’s hours were often long, and CONGRATULATIONS TO SPEAKER modified others. In fact, I asked him a the pressures of organizing important OF THE HOUSE GINGRICH AND question this morning. I said, ‘‘Robert, events were often great, but Shirley OTHERS it is not necessary when you send an somehow never seemed to lose her good amendment to the desk to ask for its humor. Mr. DOLE. Mr. President, let me say immediate consideration, is it?’’ He Just as Shirley was loved on Capitol first of all that having served in the said, ‘‘No, you just send an amendment Hill, she was also loved by her family. House for 8 years, in the other body for to the desk.’’ I thought I knew that. I know I speak for all Members of the 8 years, a long time ago, I have just But I wanted to make certain that I come from the House floor where I Senate in extending our sympathies to understood it. Again, Senator BYRD her husband, James; her mother, Mrs. have had the privilege of seeing some- provided that information. I am cer- thing that I did not think might ever Rebecca Plummer; her 6 sons, her 12 tain Senator DASCHLE will continue grandchildren, and her many other happen, where we have a Republican that tradition. Speaker of the House of Representa- family members and friends. f Mr. HELMS addressed the Chair. tives. I say to my Democratic friends as The PRESIDING OFFICER. The Sen- CONGRATULATIONS TO THE NEW ator from North Carolina. well that I think after 40 years, every- body would be fairly happy. We waited REPUBLICAN SENATORS f a long, long time. So I wish to con- Mr. DOLE. Mr. President, I also want gratulate Speaker GINGRICH and Minor- to congratulate the 11 new Republican TO AMEND SENATE RESOLUTION ity Leader GEPHARDT and the others on Senators who were elected in Novem- 338 the House side who have tremendous ber. I thank them and all my Repub- Mr. HELMS. Mr. President, I send a responsibilities as we begin the 104th lican colleagues for their support in resolution to the desk and ask for its Congress. electing me as Senate majority leader. immediate consideration. But I must say that as I sat there and But even more importantly, on be- The PRESIDING OFFICER. The thought about the days I was there in half of all of us elected to serve, I clerk will report. the sixties, in 1961 through 1968, and thank the American people for their The legislative clerk read as follows: thought about all that has happened trust and their calling us to task. S 12 CONGRESSIONAL RECORD — SENATE January 4, 1995 America has reconnected us with the on November 8, 1994—and there were a In the same spirit, we are also going hopes for a nation made more free by lot of messages—I think one message to propose and pass legislation to pro- demanding a Government that is more was to take a look at the 10th amend- tect the rights of private property own- limited. Reining in our Government ment. Maybe people did not think ers, and to cut the tangle of red tape will be my mandate, and I hope it will about it when they voted. But give forced upon our small businessmen and be the purpose and principal accom- America back to the people, give it women. Property rights. Again, it was plishment of the 104th Congress. back to the States, give it back to the initiated by the Senator from Idaho, It was nearly 206 years ago when the local communities. What is wrong with Senator Symms, who served here with First Congress met in New York City. that? distinction for years; it was his idea. Much of their work was devoted to We do not have all of the answers in When Steve Symms left the Senate writing the Bill of Rights—the first 10 Washington, DC. Why should we tell voluntarily, he passed it on to me, and amendments to our Constitution. Idaho, or the State of Kansas, or the I have worked with my colleagues, Sen- The 10th of those amendments reads: State of South Dakota, or the State of ator GRAMM and others, on this side of ‘‘The powers not delegated to the Unit- Oregon, or any other State, that we are the aisle and, again, the Presiding Offi- ed States by the Constitution, nor pro- going to pass this Federal law and we cer, the Senator from Idaho, and a hibited by it to the States, are reserved are going to require that you do cer- number of others, and we believe in it. to the States, respectively, or to the tain things, but we are not going to It is important in urban and rural people.’’ send you any money. So you raise the areas all across America. I might say I think we need to focus taxes in the local communities or in Incidentally, it was said by someone on the 10th amendment. So I intend to the States. You tax the people, and who should know better last year that place it in the RECORD at least once a when they complain about it, say, well, America’s small businessmen and week with a brief statement so that we cannot help it because the Federal women were getting a free ride from anybody who reads the RECORD, any- Government passed this mandate. So American society. That statement was body watching C-SPAN, or my col- we are going to continue our drive to not made by a politician, so do not leagues, may understand the impor- return power to our States and our peo- read anything into it. It was somebody tance of the 10th amendment and how ple throughout the 104th Congress. far we have strayed from it. We will roll back Federal programs, that should have known better. Let me Federalism is an idea that power laws, and regulations from A to Z, from set the record straight. The engine of should be kept close to the people. It is Amtrak to zoological studies, working American society is America’s small the idea on which our Nation was our way through the alphabet soup of business. Small business provides the founded. But there are some in Wash- Government. What will be our guide? jobs, the competition, and the spark ington—perhaps fewer this year than Our guide is going to be simply this: Is for progress that is the very essence of last—who believe that neither our this program a basic function of a lim- democratic capitalism. It is small busi- States nor our people can be trusted ited Government? Or is it another ex- ness that carries America—not the with power. Federalism has given way ample of how Government has lost other way around. to paternalism—with disastrous re- faith in the judgments of our people Mr. President, Republicans also be- sults. and the potential of our markets? That lieve that our country’s increasingly If I have one goal for the 104th Con- is the test. desperate fight against crime is an area gress, it is this: That we will dust off I believe that more often than not where more freedom is needed at the the 10th amendment and restore it to the answer will justify less Federal in- State level. its rightful place in the Constitution. volvement, fewer Federal rules and Today we will introduce, under Sen- Senate bill No. 1 will be step number regulations, a reduction in Federal ator HATCH’s leadership, Senate bill 3, 1: Legislation to end unasked for and spending, and more freedom and oppor- a crime bill that will free States and unfunded Federal mandates on States tunity for our States and our citizens— cities to decide for themselves how to and cities and communities across again getting back to the 10th amend- spend much of the $8 billion in law en- America. And I am honored the Presid- ment. forcement funds appropriated last year. ing Officer at this moment is Senator Part of what has allowed Govern- It will eliminate the wasteful social KEMPTHORNE from Idaho and former ment to become so cavalier with power spending programs included in last mayor of Boise, ID, who has been lead- has been its ability to exclude itself year’s so-called crime bill. ing the effort since day one, since his from the dictates we impose on the Perhaps most important, the crime first day on the Senate floor, working American people—we, the Congress. So bill we introduce today will begin our with Governors, our colleagues on both what are we going to do? This is going effort to restore the freedom from fear sides of the aisle, our colleagues in the to be bill No. 2. This will end with the we knew in the America of our youth. House, mayors, and county commis- passage of Senate bill No. 2, an effort In my hometown of Russell, KS, when sioners all across America, because we led by Senator GRASSLEY, a Repub- I was growing up, we did not lock our know what Federal mandates—and he lican, and Senator LIEBERMAN, a Demo- doors at night. Nobody did. You left knows better than most, coming here crat. We have a counterpart led by Re- your keys in your car. Even in towns as a mayor—have cost our cities and publicans and Democrats in the House, the size of mine in this day and age you how they have bankrupted our cities particularly Congressman SHAYS from do not do that anymore. So somehow and States. Connecticut. I can think of no better that has been lost to the children grow- So, along with many other Senators, protection for the private citizens and ing up in America today. We will, with- Senator KEMPTHORNE has done yeo- private enterprise than the constant out apology, remove from society those man’s work in preparing this legisla- prospect for Members of Congress that who are tearing it apart with casual vi- tion. we will have to live under the rules we olence and a new chilling disregard for We are going to have hearings tomor- inflict on everyone else. So if a law is human life. Our crime bill will impose row. We are serious about this. We going to apply to some small business- mandatory minimum sentences on promised the American people if they man in Idaho, Oregon, Kansas, North those who use guns in the commission gave us the majority we will do certain Carolina, wherever, it is also going to of a crime and make certain there are things, and we are about to do certain apply to Congress. Maybe when it ap- jails there to lock them up. things that we think are right—not plies to Congress, we will understand And in the next session we will cut necessarily partisan, but right. We why so many people write and com- taxes. Under Senator PACKWOOD’s lead- hope to bring these things to the floor plain to us about this law or that law. ership, the Finance Committee will very soon. Do not misunderstand me, some laws produce, as a top priority, a tax cut I spoke this morning with the Sen- we pass are certainly beneficial. The that will let families keep more of ator from Idaho, and he will be pre- Government does a lot of good things, their own money to invest in their own pared, I hope, early next week. so do not misunderstand me. But why children and in their own future, in- We wish to demonstrate quickly, should we not live under the same laws stead of siphoning it up, giving it to whatever the message may have been you live under? That is bill No. 2. Washington, and sending it back in January 4, 1995 CONGRESSIONAL RECORD — SENATE S 13 some program that may or may not Paternalism or Federalism? That is have been turning points in history. work. the choice. The 104th Congress must The last one was a turning point. There seems to be a growing biparti- answer that question by bowing to the The elections in November provided san consensus that taxes must be cut, will of the people and putting its trust clear instruction from the American which Republicans welcome, and which in them. people. The ideas on which we will con- encourages me to believe the Senate Finally, let me make it clear that duct the business of Government were can act quickly. The President’s recent Republicans are acutely aware that the laid out in unprecedented detail during comments indicate he is ready to sign United States has only one Commander the last election campaign. This was such a bill. But I strongly object to the in Chief. Our Commander in Chief is derided as a strategy by political pun- President’s insistence on labeling President Clinton. We will support him dits and attacked as heresy by the es- America by ‘‘class.’’ I do not think we on foreign policy whenever possible, as tablished powers. But the ideas pre- ought to divide Americans into eco- we did with NAFTA and GATT legisla- vailed. And therefore, I believe the nomic groups competing one against tion, and in revising outdated provi- ideas will prevail in this body and in the other for the favors of the Govern- sions of law on South Africa, Russia, the House and across the sprawling ex- ment. Rather, we must lead by instill- and the Middle East. panse of Government. ing hope and restoring freedom and op- During the last few years, however, Mr. President, Republicans welcome portunity for all of our people. No more there have been some important areas the support of like-thinking Democrats of the class warfare. It does not work. of disagreement between Congress and as we work to put a leash on our Gov- By cutting people’s taxes we will re- the President in the area of foreign pol- ernment by restoring the 10th amend- duce the Government’s take of their icy. One of these has been the Presi- ment, cutting taxes, balancing the wages—worthy unto itself. But if tax dent’s apparent willingness to place budget, enacting term limits, and tak- cuts are to have the effect of limiting the agenda of the United Nations be- ing whatever other measures are nec- Government and providing for long- fore the interests of the United States. essary to make the Government ac- term prosperity, then they also must Therefore, we will introduce today countable to the voters. be matched by real cuts, real cuts in the Peace Powers Act of 1995, which is Together, we hope to establish once Government spending. designated as Senate bill No. 5. This again America’s trust in her people and This, Republicans are committed to legislation repeals the War Powers Res- faith in the unmatched power of free- do. olution of 1973 and places some restric- dom to build a world of hope and oppor- No one in this Chamber has spoken tions on U.S. participation in U.N. tunity for all. more eloquently about the need to deal peacekeeping activities. The effect of Mr. President, I ask unanimous con- more forthrightly with our national the bill would be this: We would untie sent that Senate bills 1 through 5 be deficit than Senator DOMENICI, who the President’s hands in using Amer- printed in the RECORD, along with writ- today assumes the chair of the Budget ican forces to defend American inter- ten statements which further detail Committee. ests, but we would restrict the use of these bills. Let me be clear. Something like a American forces and funds in U.N. The PRESIDING OFFICER. Without family that examines its budget after a peacekeeping. objection, it is so ordered. Christmas that was too rich, we will We do not want American soldiers (The text of the bills and statements make hard decisions and endure sac- under U.N. command, and the costs to are located in today’s RECORD under rifices to make ends meet. With the America of U.N. peacekeeping must be ‘‘Statements on Introduced Bills and one exception of Social Security, every known before—not after, but before—it Joint Resolutions.’’) bureaucracy and bureaucrat, every will be approved by Congress. Mr. DOLE addressed the Chair. Government program and Federal ex- In a manner consistent with our con- The PRESIDING OFFICER. The ma- pense is ripe for reduction and/or elimi- stitutional role to appropriate funds jority leader. nation. and to advise and consent on matters Mr. DOLE. I thank the Chair. At the top of that list is a price tag of foreign policy, the Senate will also (The remarks of Mr. DOLE, Mr. for Congress itself. We have to set an take a close look at a number of other LIEBERMAN, and Mr. FEINGOLD, pertain- example before we have somebody else foreign policy issues in this session; in- ing to the introduction of S. 21 are lo- make the sacrifice. We must be the ex- cluding the costs of the Haiti oper- cated in today’s RECORD under ‘‘State- ample, not the problem. We hope to ation, and the legality and wisdom of ments on Introduced Bills and Joint pass a resolution today calling upon aiding North Korea. Resolutions.’’) the Rules Committee to reduce com- Mr. President, it has been said that Mr. DASCHLE addressed the Chair. mittee budgets by approximately $34 we have become a nation of competing The PRESIDING OFFICER (Mr. million. That is a lot of money. That factions, held together less by our HATCH). The minority leader. was objected to, but we will get to it in hopes than by our wants. The implica- f another way. The House is also taking tion is that we are no longer a great cost-cutting action today. We will people, but merely a continent of cat- COMMENDING THE MAJORITY work together throughout the next 2 egories, and special interests. Well, I LEADER years to save more money across Gov- do not believe this. I have been here for Mr. DASCHLE. Mr. President, let me ernment. some time, but I do not believe this. commend the majority leader on his We will also work together to pass It has been said that Government is statement and on many of the points the line-item veto legislation which we uncontrollable because of the uncon- that he raised in the last few minutes. introduce today as Senate bill 4, and to trollable appetites of our people. Last Let me also personally thank him for send a balanced budget amendment to November was proof that this is not his cooperation and the manner with the States for ratification. These meas- true. If the recent election proved any- which he has worked with the Members ures which have had the overwhelming thing—and some would question, some in our caucus over the last several support of the American people for have doubts, and some have different weeks. some time have been ignored in Wash- views—it proved these ideas to be the Needless to say, this transition has ington for far too long. self-justification of a Government not been easy, but, to the extent pos- These measures go to the heart of the grown too cynical, too fat, and too far sible, the majority leader has made it question with which we began: Should removed from the people it is supposed so. I thank him for his cordiality, for Government elites rule society? Should to serve. his friendship, and for the manner in they be able to spend the people’s Mr. President, Americans have been which he has conducted his office in money without check, cloaked by im- voting in congressional elections for the last several weeks. It means a good penetrable rules and omnibus appro- more than 200 years. Some of these deal to me. I look forward to working priations bills too massive for anybody elections—most of these elections— with him in the many months and to read? Or should we trust the people? made very little difference. But others years ahead. S 14 CONGRESSIONAL RECORD — SENATE January 4, 1995

PRESIDENT PRO TEMPORE IN THE In the 104th Congress, Senator THUR- see that we have been living under an- 104TH CONGRESS MOND again will occupy this important archy, yet the business of living has THE CHANGING OF THE GUARD and prestigious position. Like Senator gone on as usual. Be careful; if our de- Mr. DASCHLE. Mr. President, with BYRD, he, too, is an institution within bates go on much longer, people may the opening of the 104th Congress, we this institution. While a Member of the come to see that they can get along again witness a historic transfer of Senate, he has been a member of both very well without us.’’ power as the Republican Party takes political parties and a candidate for It is somewhat in this spirit that I control of the Senate and Senator President of another. While serving in approach the beginning of the 104th STROM THURMOND earlier today re- the U.S. Senate, Senator THURMOND Congress. We, too, will be judged less placed Senator ROBERT C. BYRD as has had highways, courthouses, Fed- by our rhetoric than by our accom- President pro tempore of the Senate. In eral buildings, and schools named in plishments. this transition, we are witnessing one his honor—honors usually reserved for Today, I offer the first five bills that Senate institution replacing another. those who are no longer with us. In the my Democratic colleagues and I will Together, these two outstanding leg- Senate, he has been an active partici- seek to move in this Congress. They islators total three quarters of a cen- pant—sometimes controversial—but a are bills that speak to three critical tury service in the Senate. Each not participant in the legislative struggles areas I believe should be the focus of only has witnessed, but participated in, of our times. I have not always agreed our efforts in the 104th Congress—eco- so much history and in the enactment with his positions, past or present, in nomic opportunities for working Amer- of so much legislation, that Senators of those contests, but I have never seen or ican families, the values in our social my generation often are left in awe. As encountered a more worthy, a more fabric that bind us together as a soci- we prepare our legislative agendas and dignified opponent or one for whom I ety, and a determination that we end prepare for the upcoming debates and have greater respect. business as usual in all aspects of Gov- battles, this historic transition should As everyone who has had the pleas- ernment. not be lost upon us. ure of serving in this Chamber with The first bill, S. 6, is designed to be Senator BYRD, for the past 6 years, him knows, Senator THURMOND has for American workers today what the has presided over the deliberations of been a consistent champion of the GI bill was for American soldiers after the Senate. South and of conservative causes, but the Second World War. The Working A look at the record reveals that he we also know he has been able to blend Americans Opportunity Act takes the is indeed an institution within this in- and bend when democracy took a dif- funds now used for 20 major job train- stitution. The senior Senator from ferent course. He has remained a south- ing programs and turns them into West Virginia has served in the Senate ern gentleman of the highest order. vouchers so Americans can buy the for nearly 40 years. He has served as As the Democratic leader, I want to training and education they need chairman of Senate Appropriations extend my congratulations to Senator themselves. In this way, we can Committee, as the Senate Democratic THURMOND for his reelection as Presi- streamline and consolidate nine job whip, 6 years as Senate minority lead- dent pro tempore and welcome him training laws to focus more services er, 6 years as Senate majority leader, back to this position. I look forward to and to redirect the funds to the people and, since 1987, President pro tempore working with him as well. I am con- who need the training in the first of the Senate. fident that in the 104th Congress, Sen- place. His unparalleled knowledge of the ator THURMOND will perform the duties Our limited job-training resources Senate’s intricate rules and proce- of President pro tempore of the Senate should be directed to those who will dures, his overwhelming knowledge of in the same courteous, dignified, and benefit from training, not siphoned off the history of this legislative body that impartial manner in which he presided to support the administrative costs of he loves so deeply, and, his presence in over the deliberations of the Senate in overlapping, fragmented, and outdated this Chamber combined to make him a the 99th Congress. programs. most effective and impressive Presi- f The GI bill is rightly credited with dent pro tempore. lifting American productivity, eco- What an honor it has been for me THE 104TH CONGRESS nomic growth, and living standards. It personally to watch him preside. We Mr. DASCHLE. Mr. President, today did that by giving all returning GI’s— will miss him and his presence in the we begin a new session of Congress. I millions of men and women in the ag- chair. While there is not a stronger, know all my colleagues are eager to gregate—the ability to go back to more ardent fighter for the causes in move ahead with the Nation’s business. school and make up for the years they which he believes and supports, no one In some ways, we face circumstances sacrificed to their Nation’s service in could have been more fair or more im- that earlier generations of Americans war. partial in presiding over the Senate. faced as well. At the beginning of our It was not only well-deserved reward Although he leaves the chair of Nation’s existence, after the Declara- for veterans. It was one of the best in- President pro tempore, I can assure tion of Independence was signed, the vestments the Government ever made. you he is not about to fade away. As former colonies busied themselves es- The GI bill more than repaid its costs the new Democratic leader of the Sen- tablishing legislatures and drafting many times over in worker income, in ate, I will need, I will seek, and I will constitutions. productivity, in economic growth, in certainly appreciate his wisdom, expe- It must have been a heady time. Men, State and Federal taxes, in virtually rience, his insight, and his foresight. I for they were all men at that time, who every other way. know that Senators from both sides of had been colonial appointees began to At the end of the cold war years, the aisle will continue to value the see themselves for the first time as leg- we’re not facing an army of returning benefit of his unique perspective and islators, potential leaders, people who veterans. We are facing a society that the importance of this institution as could steer their States’ destinies. is emerging from a preoccupation with well as his unique ability to resolve In the State of Pennsylvania, the leg- military spending and the military problems within it. islature spent several months thrash- sciences, and turning to cope with a Mr. President, at the closing of the ing over the outlines of a new constitu- new world of technological advance 99th Congress, the Senate approved a tion but found itself, months later, that holds enormous promise for those resolution recognizing the outstanding without a finished product. who can learn to participate in it. service Senator STROM THURMOND had Meanwhile, the life of the State con- Our bill, therefore, will consolidate performed as President pro tempore of tinued. Citizens woke each morning, old job training programs and put the Senate. The resolution expressed attended to their affairs, transacted money directly into the hands of those the Senate’s appreciation for the cour- their business, and seemed not to no- who need training, not to bureaucratic teous, dignified, and impartial manner tice that they were without a constitu- overhead. Americans need the tools to in which the senior Senator from tion. enter fully into the new technological South Carolina had presided over the Ben Franklin pointed out the evident workplace. That is what our first bill deliberations of the Senate. danger: ‘‘Gentleman,’’ he said, ‘‘You will do. It will be a workers’ GI bill to January 4, 1995 CONGRESSIONAL RECORD — SENATE S 15 give those in older industries, in plants and enterprise. Let them deduct their does not finance orphanages. One of that are relocating abroad, or in re- health insurance costs, too. our Democratic colleagues, Senator gions where people’s job skills do not Our health reform bill prohibits in- CAMPBELL of Colorado, has the distinc- match employers’ needs the chance to surance companies from hiding impor- tion of actually having been placed in learn new skills, make themselves em- tant information in the fine print. We an orphanage as a child, so he speaks ployable, enter new industries, and need truth in labeling. People who from experience, not dealing in Holly- move forward with our growing econ- market beef have to tell consumers wood movies. His story is one which omy. how many grams of fat their product could benefit us all. If you have not S. 7 is the Family Health Insurance contains. It is about time the insur- had the opportunity to read his biog- Protection Act. It includes the meas- ance companies told us what their fat raphy, I would encourage you, Mr. ures that even the anti-health-care-re- content is. Why should not Americans President, and others to do so. It is a form crowd last year said they wanted. get the same accountability from telling story of a man who has come a Let us find out if they are being health insurers as we expect from food long way, given the very difficult be- straight or are just pulling another one producers and toy manufacturers? ginning that he had experienced as a over on the American people. Our health reform bill calls for stand- child. Democrats think it is way past time ard forms. An inflamed appendix taken He learned, as many of us now know, to act. Not only are health care costs out in Seattle doesn’t demand any- that orphanages are not a home. All for ordinary people going through the thing different than an inflamed appen- too often, they are not even a decent roof, they are also going to bust the dix removed in Boston. substitute for a home. Even the best Federal budget, and we all know who’s And it will not be done better or orphanage should never be used to un- going to pay for that when it happens. worse because of the shape of a pay- dermine an intact family relationship. It is consistent with the goals out- ment form. Meanwhile, we are talking The Teen Pregnancy Prevention and lined in bills introduced by both Re- about millions of wasted hours by doc- Parental Responsibility Act, instead, publicans and Democrats and with the tors, nurses, administrative staff, and, requires underaged teen mothers to vision the President outlined in a lat- not least, the American taxpayer just live with their families or at least find ter to the congressional leadership last to get reimbursed for the health care themselves in a supervised home set- week. our premiums are supposed to cover. ting if they want to qualify for AFDC. Our health reform bill is straight- Our health care reform bill just asks Children having children is tragic, and forward and sensible. the private insurance market to do the cycle can only be ended by making It prevents insurance companies from what Government is trying to do. Let sure that parents of these children raising rates because you get sick. it get rid of the bloated bureaucrats. grow up and become adults themselves. Why? Because health insurance is sup- Let it cut the overhead. Let it stream- There may be no sure-fire way to posed to be a pooled risk. The insurer, line and serve its customers, not itself. achieve this but clearly encouraging as well as the insured, takes a risk. Is there any reason that Americans 16-year-olds to set up homes by them- Our bill also prohibits refusal of in- have to fill out more forms, provide du- selves has not proved to be the answer surance because of preexisting condi- plicative information more times, fight and can never be the answer. They tions. The condition of being human for longer on the phone with self-ap- should stay with their families or in makes us all susceptible to illness, ac- pointed bureaucrats in the health in- supervised group homes where their cidents, and bad luck. That is what in- surance industry than the people of lives have some discipline, some guid- surance is supposed to compensate for, any other industrialized nation? Is ance, some routine, some sense of not to profit from. there any reason that an American grounding that will let them escape the Jean and Greg Puls of Sioux Falls, hospital has twice as many clerical cycle of dependency and become self- SD, know this all too well. Their 10- workers as a Canadian one? Does push- supporting adults. year-old son, Matthew, has diabetes. ing paper make sick people get better? In addition, teen parents should stay When Jean’s employer switched health Let health care professionals practice in school or go back to school and policies, the new insurer refused to medicine, not administer bookkeepers. graduate. Our bill lets States use bo- cover Matthew. Jean and Greg faced a This bill represents, frankly, a down- nuses or benefit reductions to give teen frantic search for an insurer who payment on the goal of ensuring all parents an incentive to finish school. would. Americans have access to affordable Completing high school is the first step They were turned down by dozens of quality health care coverage. toward self-sufficiency. companies and were finally forced to Before we achieve that goal, however, I recognize that this does not sound purchase an out-of-State policy that other more difficult issues will have to very flashy, but the parental short- still won’t cover Matthews’s diabetes be resolved, especially long-term care comings that can blight a child’s life— for a whole year. and the Federal barriers to State-level and do blight too many children’s lives Jean Puls says that for all the money reform efforts. The bill we offer is sim- today—require serious attention. The they have paid into the health care ply a first step, but I do hope that real needs of children demand sound system, they have been unable to get Democrats and Republicans can again policies, not sound bites. the simple peace of mind they seek. reflect the consensus these provisions Our bill also asks States to intensify And she is right. A system which pro- have reflected in the last Congress and their efforts to identify noncustodial duces this result is not right work together to develop compromises parents and require them to contribute Our bill requires all insurers to offer on the more difficult matters. to the upbringing of their own chil- Americans one plan of insurance cov- I cannot—I will not—support the pas- dren. States should ensure that their erage as good as that which covers any sage of any reform measure, however, welfare offices can access other State Member of Congress—Democrat or Re- that increases the deficit. records such as professional licensing, publican. When the majority leader and my vehicle registration, and personal prop- If we deserve it, then certainly so do colleagues on the Finance Committee erty records. Paternity establishment the people whose tax dollars pay our are ready to move forward on the laws should also be streamlined. wages. health reforms we present today, we I am always surprised to hear so Our bill lets people who are self-em- will have to agree on appropriate off- much anger vented against young ployed deduct their insurance premium setting savings to ensure that every re- women as though they have achieved costs just like big corporations can. form provision is paid for over a 10- pregnancy unaided. What about the That is the minimally fair thing we year period of time. Health care reform young men? Where is the heated politi- can do for American farmers and self- cannot be undertaken at the cost of cal rhetoric aimed at them? employed store owners, accountants, more unpaid bills passed along to our What about middle-class men who di- mechanics, and lawn-service operators, children and to their children. vorce and abandon their families? all the millions of people who have Our third bill, S. 8, is legislation to Where is the political rhetoric telling taken the real risk of earning their deal with teen pregnancy and parents them to be ashamed of themselves? own income by their own hard work who abandon their children. Our bill People—be they men or women—whose S 16 CONGRESSIONAL RECORD — SENATE January 4, 1995 actions result in parenthood must ac- and—guess what?—they are going to debt—that could be avoided simply by cept responsibility for their children. balance the Federal budget. It sounds acting now rather than later. So our bill on teenage pregnancy is like deja vu all over again, to para- The bill I am introducing draws on short on rhetoric and symbols. I have phrase somebody we all know—Yogi our past experience with balanced long been an ardent admirer of Spencer Berra. budget rhetoric and requires that we Tracy, but anyone who thinks a 1938 I support, as I said a moment ago, a actually start now, this year, to do movie about Boys Town has any bear- balanced budget. So do a majority of what we are willing to do to make our ing on real life children, real orphan- Democratic Senators. The difference effort a meaningful part of the U.S. ages, or real families in 1995 is well out between our position and that of many Constitution. of touch with reality. of our Republican colleagues is that we Last, but in some ways, most impor- The bill that will be designated S. 9, have already taken some very tough tant of all, is the bill we call S. 10. the Fiscal Responsibility Act, will di- votes to do it. The last Congress, the That is the Comprehensive Congres- rect Congress to enact legislation this 103d, passed the President’s first budg- sional Reform Act. It is a bill with year that will result in a balanced et which cut $500 billion in real defined three titles. It builds on the com- budget by the year 2003. If a goal is im- and detailed spending over 5 years. promise legislation that was developed portant enough to justify amending the We are reaping the benefit of our last year, but blocked at the end of the Constitution, certainly it ought to be work now in reduced deficits, and a session. important enough to inspire the real healthy, growing economy. The Presi- The first title will finally, and with- work of deficit reduction starting this dent deserves credit for offering that out equivocation, extend to the Con- year. budget in 1993 and for fighting for it. gress the laws that cover all other em- I have supported and voted for bal- We knew in 1993 that our deficit-cut- ployers in this country. It will require anced budget amendments in the past, ting work that year would be only the the Congress to abide by the Fair but a balanced budget amendment that beginning. Now it is 1995, and we know Labor Standards Act, which governs sets forth an airy hope in the place of another installment of spending cuts is time and salary issues, by the Federal real promise to balance the budget is due. We say that we should do what we Labor-Management Relations Act, not good enough. did in 1993—lay out the honest, de- which provides Federal workers the To suggest that a balanced budget tailed, and real cuts that will bring the right to bargain collectively, the work- amendment in and of itself solves the deficit onto a downward path. place safety law, the Occupational problem is a copout. It is all show and The balanced budget amendment, Health and Safety Act, the Plant Clos- no delivery. It is like a young man who standing alone, simply provides a proc- ing and Notification Act, the Employee gets his first job and his first credit ess by which something should be done Polygraph Testing Act, and the Veter- card. He charges up to the limit, and over the next 7 years. Our bill says, let ans Preference and Retention Act. then he promises, as soon as he has us start doing it now. In addition, the Democratic congres- paid it down, he will straighten up and We have to pay attention to the num- sional coverage legislation includes the pay his balance every month. But in bers. When you balance your household civil rights laws, under which the Sen- real life we know that does not happen. budget, you do not do it on the assump- ate has been operating since 1991, and He pays down just enough to go on an- tion that you are going to win the Pub- the Family and Medical Leave Act, other spending spree, or get another lishers’ Clearinghouse Sweepstakes on which has applied to Congress since it credit card with a new spending limit. January 31 so the mortgage payments was signed into law in 1993. Balancing the Federal budget has will be taken care of. You balance a This provision is in all essential as- been a Republican campaign promise household budget by looking at what pects the same bipartisan bill that was for so long it is hard to remember you earn, what you spend, and where worked out by Senators GLENN, which budget they are talking about. the numbers do not add up. So let us do LIEBERMAN, and GRASSLEY last session, They said they intended to balance the some looking. but which was prevented from reaching budget in 1980, when they elected Ron- If we are going to balance the budget the Senate floor by the objection of a ald Reagan. Then they said they were by 2003, as the Republicans tell us they Republican Senator. going to balance it after 1984, conven- will, it is going to mean we start right I hope and expect our Republican col- iently not in the year he was actually now, this year, and start for real. leagues will join, rather than obstruct, running for reelection. Then they said There is a very real and expensive the effort to enact these needed re- George Bush was going to balance the price in delay. If anyone wants to put forms as soon as possible this year. budget. But what does the record show? off any heavy lifting for a year or The second title of S. 10 will address Unfortunately, it shows the opposite. maybe 2 years, before putting us on a the problem of undue influence from In 1980, when President Ronald path to balance the budget by 2003, special interests. Reagan took office, he was poised to they’re going to cost us another $160 Americans learned last year that present to the Congress a plan to re- billion in debt. That is debt on top of something like $50 million was spent to duce the deficit as he promised. At that the $3-trillion debt that the Repub- defeat health care reform legislation— time, when the Republicans had the licans have already given us. It is debt not just to defeat the President’s bill, majority in the Senate, the national that could be avoided by reducing the but to defeat any reform bill. debt was just over $1 trillion. deficit now instead of delaying. The special interest money groups It was a debt that took 200 years to There is another reason for acting spent more on stopping this legislation accumulate, 200 years of expanding the now. It is called interest on the debt. It than on any other single issue, both in Nation to its westernmost limits, with is a price every American taxpayer terms of direct lobbying and in cam- all the roads, rails, bridges needed, 200 pays, whether he knows it or not, and paign contributions. years encompassing a Civil War, two whether he likes it or not. In the closing days of the 103d Con- world wars, Korea, Vietnam, 200 years If we do nothing about balancing the gress, the ramifications of the crusade of creating the American dream. Al- budget for 2 years, to get past the next to defeat health care reform spilled most $1 trillion is a lot of money. And election before taking the tough ac- over into another important debate: we have a lot of country to show for it. tions needed to balance the budget by The debate over whether or not to rein But it took President Reagan a mere 8 2003, all of us will be chipping in an in the ever-present grip of lobbyists on years to more than double that 200 extra $91 billion in interest to pay for our legislative process. years’ worth of debt. these election-year promises. It is nice In May 1993, the Senate passed lobby What do we have to show for it? It to have people make promises in elec- reform by a vote of 95 to 2. Yet, when then took President Bush just another tion years. But nice feelings cannot push came to shove, with Congress fac- 4 years to add yet another trillion. So justify $91 billion in additional interest ing an adjournment deadline, our Re- today, Mr. President, the heirs of that on the debt. The price is too high. publican colleagues invented pretexts budgetary tradition say they are going If we wait until 1997 to start bal- and encouraged their talk-radio friends to increase defense spending; they are ancing the budget, we will pay another to help beat the lobby reform bill. As going to cut taxes for the wealthy; $303 billion—on top of the $3-trillion one of our colleagues noted, Republican January 4, 1995 CONGRESSIONAL RECORD — SENATE S 17 Senators were cheered by lobbyists lin- regulations to be understood. They are perative. If we are not serious, the ing the hallway off this Chamber after that straightforward. American people will know what con- Republicans killed the lobbying bill Who is a lobbyist? Anyone who gets clusions to draw. last fall. $2,500 in 6 months to work the Congress I believe these five pieces of legisla- So let us be clear on what happened. or the Government. They are required tion reflect the priorities Americans There was no grassroots opposition to to disclose publicly who they are, what expect us to set and respond to the real this bill. It was not ordinary citizens they earn, who pays them, and who needs people face. who wanted to kill this bill. Far from they are talking to. The extremes have had their say. it. That is not because we in Congress They have the luxury of certainty. It was the special interest lobbyists do not know who they are. We know We who try to work in the center are who could not stand it. well enough. It is to tell the American forced to rely on what we can learn, I am hoping that common decency public who these people are and what what we can know, and to move for- will prevail in this Congress this year. they are doing. ward with our best efforts, not ironclad The language I am offering in S. 10 is Congressional so-called reform that guarantees, because there are no guar- the language adopted overwhelmingly does not cover goodies from lobbyists antees in human life. last summer by most of the Members is not reform. It is a smokescreen. It is Each of the bills we introduce today still here in this body. telling American voters, it is back to stands for a core principle in which we It includes the provisions the new business as usual. You voted for us be- believe. None is startling, but I believe Speaker of the House, NEWT GINGRICH, cause we promised reform, but we each is a step in the right direction. demanded be incorporated last sum- know you are going to tune out now. It Together, they are a foundation on mer. They are the same provisions that is taking the American public for a which to build. were negotiated with Catholic char- ride. If we are to ignore those reforms, We live in a tumultuous time fraught ities, Baptist charities, Jewish groups, the American people are not prepared with uncertainty for many Americans. and every other religious organization for a ride of that kind. As lawmakers, our responsibility is to of any standing in this country, and As for the seriousness of this effort, start restoring a sense of economic and which were acceptable to all of them, the proof of the pudding will be self- because they did not threaten any of evident. If anyone is sincere about con- personal security for working Ameri- their legitimate activities. gressional reform, this is the very least cans. Title II of S. 10 does not affect grass- they will need to vote for. Job training and education as a pri- roots lobbying for congressional action If anyone says they are serious about ority reflects the fact that we are a so- to resolve legitimate problems. No real reform and blocks this bill, there will ciety made up of working people, and grassroots group wants to kill lobbying be little doubt that they are not seri- they must come first. If we invest in reform. The reason for that is simple. ous at all. our own knowledge, our own skills, our It is because the narrow special in- I hope that will not happen for many own abilities and talents, there is not terest groups who would be affected by reasons, but most of all, I hope it won’t anything we cannot achieve. Give the bill can buy access, can buy atten- happen, because our democracy de- Americans the tools, and they will do tion, can buy sympathy, and can buy pends upon a higher level of trust. I the job. Our bill is the tool. action with money that real grassroots hope Republican Senators will not Health care reforms reflect the fact groups could never hope to match. block the gift and lobbying reform pro- that viruses and cancers and accidents True grassroots lobby efforts offer only visions, as they did last year. happen to people without reference to the populist power of their ideas. Title III of the Democratic congres- their wealth or their personal insur- There is not a genuine grassroots sional reform bill is designed to reform ance status or their job status. Every group out there that is not out-spent, the way congressional political cam- American’s economic and personal se- out-gifted, out-junketed, and out-ma- paigns operate. curity is at stake. They deserve action, neuvered by the Washington lobbying Again, this proposal does not break not excuses. crowd. It is time to redress that imbal- new ground. It is the bill passed by the Our effort on teen pregnancy reflects ance. Senate in 1993, but which was filibus- the commonsense fact that work, ef- Why is so much made of those who tered to prevent its going to conference fort, and personal discipline are part of feel so passionately about an issue that last year. The bill is designed to do the lives of most Americans. Indeed, they want to allocate private resources what everyone knows needs to be done, they help shape most of what is worth- to influence national policy? I suggest and that is to cut the money chase out while in our lives. Government pro- that when a foreign-owned communica- of elected public life. grams ought to reflect that common tions cartel can offer the new Speaker Our bill would ban PAC contribu- understanding in the way they operate, of the House $4.5 million for a book, we tions. It would outlaw for 1 year lobby- too. should be wary of the real agenda be- ing of an elected official to whom the A Federal budget is more than a life- hind that offer. I am pleased the new lobbyist gave money. It would ban for less symbol of fiscal responsibility. It Speaker has now realized what an ap- 1 year contributions from a lobbyist to is the road map of our society and a re- pearance that presents. a Member who that lobbyist had con- flection of our values. What are we Title II of the Democratic congres- tacted on business. It would expand willing to spend taxes for? Children? sional reform bill is the legislation disclosure of so-called independent ex- Schools? Jail cells? Special benefits for that Speaker GINGRICH said he wanted, penditures. one or another special interest? Bal- asked for, demanded. Then, when it It would create a flexible spending ancing the budget is not about gutting looked as though it could actually pre- ceiling, based on a State’s voting age the government. vail, it is the legislation that Speaker population. It would reward candidates It is about doing what government GINGRICH asked his supporters in the who agreed to comply with that spend- should do: Those things for all of us as talk-show field to fight. ing ceiling with broadcast discounts. a society that none of us can do indi- Title II of this Democratic reform Its costs could easily be paid without vidually for ourselves. Safe drinking bill also puts in the legislation our asking for a penny from middle-class water and highways, clean air and a commitment to return control of Gov- taxpayers, for instance by fees on lob- safe food supply, things that govern- ernment to the American people by bying. ment can do if done efficiently and ef- outlawing the practice of lobbyists pro- In short, the campaign finance re- fectively. viding gifts, no matter how seemingly form proposal would do what everyone Balancing the budget tells us that insignificant, to Senators and staff. is willing to say should be the law, but we’re prepared to pay for the kind of The lobby and gift reform provisions which too many are unwilling to actu- society we want to be. The budget’s are simple. No gifts from registered ally see become law. It is time to put shape matters as much as its size. It is lobbyists. No meals, no travel, no taxi that sham behind us, too. been too big, too bloated, too long. And cab rides, no sports tickets, no noth- If we are serious about congressional we want to start on the road to bal- ing. They will not need complicated reform, campaign finance reform is im- ancing it now. S 18 CONGRESSIONAL RECORD — SENATE January 4, 1995 And, of course, congressional reform wisdom, and that which an audience or on the other. That is absolute—abso- is an important symbol of self-re- a reader knows to be true. lute—neutrality. straint at the government level. If the Mr. President, permit me to give an So please note those words again: people elected to government cannot example. ‘‘* * * or prohibiting the free exercise impose restraints upon themselves and If anyone in the hearing of my voice thereof * * *’’ treat themselves like they treat oth- will take out a U.S. one-dollar bill and That passage was explicitly written ers, what confidence can Americans turn that one-dollar bill over onto its into our Bill of Rights at the insistence have that government will act in their obverse side, he or she will read in of none other than James Madison— best interests? clear script, ‘‘In God We Trust.’’ commonly remembered as the father of I believe, based on many statements Permit me to introduce another ex- the Constitution—based on direct ap- by my Republican colleagues, that ample. peals to Madison by Baptist ministers there is much common ground on Every day of each new meeting of the in Virginia who had been forced to sup- which we can work, provided that we Senate and House of Representatives, port the official state church during have the will to do so. an official Chaplain of each of those the Colonial Era, and whose practice of I want to offer my assurances today two Chambers of Congress—or a des- their own religious choice had been of- that Democratic Senators will work ignated substitute—will stride to the ficially denied, proscribed, or penalized with Republicans. We always have, and dais and address a sometimes elegant by Colonial officials. we are prepared to do so again this prayer to the Deity. How ironic that from that under- year. We want to go to work. We want Again, every day in courtrooms standable Constitutional safeguard in to do so in a bipartisan fashion. We be- across this country, hundreds of wit- support of the free exercise of religious lieve the American people expect and nesses will take their place at the front faith, opponents of any religion have deserve as much. I look forward, Mr. of the court chamber, put their hands turned that passage of the First President, to a productive year. on incalculable numbers of Bibles, and Amendment on its head to prohibit—I I thank my colleagues for their pa- swear to tell the truth, ‘‘* * * so help said, to prohibit—the free exercise of tience. me God.’’ religion in our public life and, particu- I yield the floor. Only today, I and several other Sen- larly, to drive religious faith out of our The PRESIDING OFFICER. The Sen- ators swore an oath, standing there public schools. ator from Oregon. near the Presiding Officer where he sits It is equally ironic that, as religion is Mr. HATFIELD. Mr. President, I now, swore an oath that we would sup- making a public resurgence in the long would like to make a parliamentary in- port and defend the Constitution of the atheistic former Soviet Union, our Na- quiry. What is the parliamentary situa- United States against all enemies, for- tion, whose protofoundations stand on tion as relates to time? eign and domestic, that we would bear the sacrifices of hundreds of thousands The PRESIDING OFFICER. There is true allegiance to the same, that we of early colonists whose primary inspi- 1 hour and 40 minutes under the con- took this obligation, freely without ration in coming to America in the trol of the majority leader. Senators mental reservation or purpose of eva- first place—Congregationalists, Calvin- may speak for up to 10 minutes within sion, and that we would well and faith- ists, Baptists, Jews, Catholics, Ortho- that. fully discharge the duties of the office dox, and others—whose primary pur- Mr. REID. Mr. President, what is the on which we were about to enter ‘‘so pose in coming to America in the first parliamentary procedure, 1 hour and 20 help me God.’’ place, I repeat, was a yearning for reli- minutes used by the majority leader? Additionally, daily, thousands of men gious liberty against those who would The PRESIDING OFFICER. There and women in a variety of groups, and deny them the right of religious lib- will be 1 hour and 20 minutes under the millions upon millions of boys and girls erty—that our Nation should be em- control of the majority leader, and 10 in our schools will pledge allegiance to barked on a course which, in effect, de- minutes. The Senator from West Vir- our flag, uttering among others the nies religious liberty to many of its ginia may speak for up to 20 minutes words ‘‘* * * one nation, under God, citizens. within that time. * * *’’ Mr. President, I have heard increas- The PRESIDING OFFICER. The Sen- I was a Member of the Congress when ing concerns about the lack of moral ator from Oregon is recognized. Congress inserted those words into the orientation among so many younger Mr. HATFIELD. I thank the Chair. Pledge of Allegiance. Americans—about a rising drug epi- (The remarks of Mr. HATFIELD per- And here is the irony: in spite of that demic among our children, about ramp- taining to the introduction of legisla- chain of rituals that I have just relat- ant sexual promiscuity, about children tion are located in today’s RECORD ed, in situation after situation, anec- murdering children, about gangs of under ‘‘Statements on Introduced Bills dotal and documented both, public teenage thugs terrorizing their neigh- and Joint Resolutions.’’) school authorities, ostensibly following borhoods, and about a pervading moral Mr. SPECTER addressed the Chair. rulings of the Supreme Court dating malaise among youth in both our inner The PRESIDING OFFICER. The Sen- from at least the 1960’s, have prohib- cities and our suburbs. ator from Pennsylvania. ited the utterance of prayers at school Is there any wonder that so many (The remarks of Mr. SPECTER per- functions, in classrooms, at school young Americans should be drifting taining to the introduction of S. 17 and commencement exercises, even when with seemingly no ethical moorings in S. 18 are located in today’s RECORD the students themselves wanted to the face of an apparent effort to strip under ‘‘Statements on Introduced Bills have a voluntary prayer which they every shred of recognizable ethics, of and Joint Resolutions.’’) themselves would compose, or even in teachings about values, and spiritual- Mr. BYRD addressed the Chair. groups or privately on public school ity from the setting in which those The PRESIDING OFFICER. The dis- property. young Americans spend most of their tinguished Senator from West Virginia. Mr. President, as I read my U.S. Con- waking hours—our public schools? Mr. BYRD. Mr. President, I thank stitution, such a prohibition of prayer Mr. President, in an effort to restore the Chair. in school flies in the face of the First something of a spiritual balance to our f Amendment, which declares, ‘‘Congress public schools and to extracurricular shall make no law respecting an estab- activities in our public schools, I am REVERSING HISTORICAL IRONY lishment of religion, or prohibiting the today introducing a joint resolution to Mr. BYRD. Mr. President, the Eng- free exercise thereof * * *.’’ propose an Amendment to the Con- lish word ‘‘irony’’ comes to us from an Therefore, our Government is sup- stitution clarifying the intent of the Ancient Greek word meaning ‘‘a posed to be absolutely neutral in this Constitution with regard to public dissembler in speech.’’ matter, and the Constitution provides school prayer. The English word ‘‘irony’’ is defined that neutrality when it says Congress My amendment is an effort to make as the contrast between something shall make no law respecting the estab- clear that neither the Constitution, or that somebody thinks to be true, as re- lishment of religion, on the one hand, the amendments thereto, require, nor vealed in speech, action, or common or prohibiting the free exercise thereof, do they prohibit, voluntary prayer in January 4, 1995 CONGRESSIONAL RECORD — SENATE S 19 the public schools or in the extra- I urge those who want to deliver on Mr. BYRD. Mr. President, I withdraw curricular activities of the public the wishes of the American people to my request for a second reading of the schools. Anyone who fears that the lan- join me in this effort. resolution today. guage of my amendment would allow Mr. President, I shall introduce this The PRESIDING OFFICER. Is there public schools to mandate the recita- for referral to a committee. I have no- objection? The Chair hears none. tion of daily prayer, or that school ad- tified the minority, the now majority— Mr. BYRD. It will automatically ministrators will become the authors it is going to be a little difficult for me come up for a second reading on the of such prayers, need not worry. This to stop thinking in those terms. I am next legislative day; am I correct? amendment does not supplant the clear going to have to, for a while at least. I The PRESIDING OFFICER. Yes. proscription contained in the ‘‘estab- have also notified the majority that I Mr. BYRD. I thank the distinguished lishment’’ clause of the First Amend- intend to try to put this resolution on Senator. I ask unanimous consent that ment. My amendment is an effort to the calendar under rule 14. If nobody the Senator from North Carolina [Mr. make clear that the words that the objects to further proceedings at that HELMS] have his name added as a co- Constitution uses with regard to reli- point, I will, but I believe Mr. sponsor of the resolution. gious freedom do not mean that vol- KEMPTHORNE is aware of what I am The PRESIDING OFFICER. The untary prayer is prohibited from our about to do and he will be prepared to Chair thanks the Senator and it will be public schools or public school activi- object at the right time. so ordered. ties. So, Mr. President, first I will attempt Mr. KEMPTHORNE addressed the In short, I hope to end a three-dec- to get this resolution on the calendar Chair. ades-long tyranny of the minority in under the provisions of rule 14, and The PRESIDING OFFICER. The Sen- denying to the majority of Americans then I will introduce it as a resolution ator from Idaho. the least vestige of the exercise of a to be referred. (The remarks of Mr. KEMPTHORNE liberty otherwise guaranteed by the Mr. President, I send to the desk a pertaining to the introduction of S. 1 resolution. Let me read it so that ev- Constitution—the right of American are printed in today’s RECORD under erybody will understand clearly what children in our public school system to ‘‘Statements on Introduced Bills and it says: pray in accordance with their own con- Joint Resolutions.’’) Mrs. BOXER addressed the Chair. sciences and in the privacy of their vol- Resolved by the Senate and House of Rep- resentatives of the United States of America in The PRESIDING OFFICER. The Sen- untary associations within our public Congress assembled (two-thirds of each House ator from California. schools. concurring therein), That the following article Mrs. BOXER. Mr. President, if you That right I sincerely believe the is proposed as an amendment to the Con- could explain the rules today, may I Constitution already grants, but I want stitution, which shall be valid to all intents have my 10 minutes now from the time to spell out in that same Constitution, and purposes as part of the Constitution of the Democratic leader? by way of an amendment thereto, that when ratified by the legislatures of three- The PRESIDING OFFICER. Is there permission to pray voluntarily in our fourths of the several States within seven objection? The Chair hears none, and it public schools does not constitute ‘‘an years after the date of its submission to the States for ratification: is so ordered. establishment of religion.’’ ‘‘ARTICLE— Mrs. BOXER. I thank the Chair very Mr. President, on this, the first day much. of the 104th Congress, a Congress in ‘‘SECTION 1. Nothing in this Constitution, or amendments thereto, shall be construed Mr. President, I come to the floor which the controlling mantra seems to today to congratulate those Senators— have become ‘‘change’’ and ‘‘reform,’’ I to prohibit or require voluntary prayer in public schools, or to prohibit or require vol- both Democratic and Republican—who would suggest that Members listen to untary prayer at public school extra- took the oath of office today, and I the American people. curricular activities.’’. come to the floor of the Senate to look Every Senator who stands here pro- Mr. President, I send this joint reso- ahead to the future. poses to speak in accordance with the lution to the desk, and I ask that it be Those of us who serve here are truly wishes of the American people. Each read the first time. blessed with an opportunity quite Senator arrogates to himself the right The PRESIDING OFFICER. The rate—to represent our States in the to speak on behalf of the American clerk will read the joint resolution for greatest deliberative body in the people. I would suggest that Members the first time. world—one with a rich legacy of dedi- listen to the American people. Indeed, The assistant legislative clerk read cated men and women whose service is Mr. President, I would call my col- as follows: always judged by history. leagues’ attention to a recent poll re- A resolution (S.J. Res. 7) proposing an Like 1992, 1994 has been a year of po- printed in the December 17 issue of Na- amendment to the Constitution of the Unit- litical change. In 1992, 105 million tional Journal in which passage of a ed States to clarify the intent of the Con- Americans went to the polls and voted constitutional amendment allowing stitution to neither prohibit nor require pub- for a Democratic President, dislodging school prayer was the number one leg- lic school prayer. a Republican President. In 1994, 70 mil- islative priority the public wanted us Mr. BYRD. Mr. President, I ask that lion Americans went to the polls and to consider. Not the balanced budget the resolution be read a second time. voted for a Republican Congress, dis- amendment. Not the line-item veto. The PRESIDING OFFICER. Is there lodging a Democratic Congress. Not amending the filibuster rule so as objection? The American people voted for to permit the invoking of cloture by a Mr. KEMPTHORNE. Mr. President, I change in 1992 but change didn’t hap- mere majority of the Senate. Who object. pen fast enough, so they sent another cares about that, out there beyond the Mr. BYRD. Will the Senator withhold message in 1994. Beltway? his objection until it is read the second Change was on the lips of the Amer- Rather, the American people clearly time, and then he can object and it will ican people in 1992 and change is still understand the need for us to begin to go on the calendar. on the Nation’s lips of the American restore the moral underpinnings of this Mr. President, I yield the floor. people in 1994. Nation. Mr. KEMPTHORNE. Mr. President, I Each of us is asked what change With introduction, and I hope even- suggest the absence of a quorum. means. tual passage of my amendment, we can The PRESIDING OFFICER. The First, I believe people want the finally begin the 7-year-long process to clerk will call the roll. American Dream restored; they want answer the people’s concerns. We can The assistant legislative clerk pro- economic security. American people begin to restore the spiritual compass ceeded to call the roll. feel they no longer can be sure of hav- that has been lost in the lives of so Mr. BYRD. Mr. President, I ask unan- ing a job, of having health care cov- many of our citizens. And most impor- imous consent that the order for the erage, of raising their standard of liv- tantly, we can begin to return to our quorum call be rescinded. ing, no longer sure of our children hav- children the moral orientation that The PRESIDING OFFICER. Without ing good paying jobs, owning a home, they so desperately need and desire. objection, it is so ordered. having Social Security or personal S 20 CONGRESSIONAL RECORD — SENATE January 4, 1995 safety. As Robert Reich said, these ten to law enforcement authorities who Mrs. Jacobs could not have success- changes have turned the middle class tell us we need both. Let us not undo fully sued Charles Keating if the Re- into the anxiety class. the crime bill that police worked so publican contract was in effect. There Second, I believe people want to feel hard for. If there is a move to rescind was no way Mrs. Jacobs could have safe in their neighborhoods. They know the crime bill in the name of fighting known, at the get-go, how Charles that ideological fights will not get crime I will be right here to fight it. Keating schemed to defraud her, what them safer neighborhoods. The people Middle-class tax relief? I am here. It Charles Keating knew and when he recognize that we need a commonsense was the President who promised it dur- knew it. mix of tougher punishment and effec- ing his campaign, and he has defined a Deception is the essence of securities tive prevention. To serve the people, very fair middle-class bill of rights fraud. The Republican contract ignores we must have the guts to keep all cop- that helps families with children and that. In doing so it will increase the in- killer bullets off the streets. eases the burden of college tuition security—economic and otherwise—of Third, I believe people want the defi- costs. I support this. millions of Americans. cit reduced by smart spending cuts, The Republican contract talks about I will fight that kind of destructive leaving smart spending priorities. Peo- the middle class, and I am with them legislation disguised as reform. ple want the Government to stop wast- all the way. But if what they really I will not stand by and allow our peo- ing their money, but they want their mean is tax breaks for those worth mil- ple to be hurt by gutting air and water Government to have a strategy so we lions, I will be right here to point out quality standards in the name of de- can be part of the solution. the farce. regulation as the contract says. Fourth, I believe people want to have Tax relief should not help Members If you want to talk about streamlin- a Government that doesn’t interfere in of Congress. We make enough. It ing regulations that bureaucrats are their lives, but defends their individual should help the middle class. There are bungling I’ll be right there. There is no freedoms. still those with multiple millions of need to have people hung out to dry Fifth, I believe people want a Con- dollars sneaking through tax loopholes. while we figure out how to apply envi- gress that acts in the best interests of We do not need more of that, we need ronmental laws. I agree with that. the people of the United States of less. But if by ‘‘streamlining’’ you really America so that our families have an The contract talks about orphanages mean destroying or ripping away sen- unbought voice, our children have an and poor children being denied nutri- sible environmental protection laws, unbought voice, our environment has tion assistance. I will not stand by and I’ll be right here to call it the way I see an unbought voice, and our country allow children to starve or be torn it. can rely on a Congress whose Members away from parents or grandparents in I ran as a fighter for the people of don’t cash in on their power. Let’s keep the name of reform. I do not care if California and as I figure it, if you can- out the special interests and let’s live ‘‘Boys Town’’ is a good film. We better not breathe you cannot work or live. by the same laws as all Americans do. learn from the past, not go back to it Today a baby born in Los Angeles has Now I want to say that I came to the when it did not work. a 15 percent lower lung capacity then a Senate representing 31 million people I am ready to talk about work re- baby born in a clear air area. That’s on that very platform in 1992, and noth- quirements and tough standards for wrong. ing about the 1994 election tells me welfare. And let us cut spending where it that that platform of hope, economic That’s absolutely essential. We must makes sense to do so. We have opportu- opportunity, individual rights, and not reward laziness or excuses. I am nities all over the Federal budget. I congressional reform has lost its sig- here to talk about smart incentives look forward to working constructively nificance. like workable group homes for kids and to do that on the Budget Committee Certainly, I stand ready to fulfill those responsible for them; I am here and on the Senate floor. But the Re- those goals in new and better ways. to talk about real punishment for publican contract calls for fencing off None of us has all the answers, but to- those who neglect their kids. But if one part of the budget so savings can- gether we can find them. We should you push policies that in the name of not be used for anything else. Why choose from all the best ideas from reform hurt these kids and make them should one part of the budget be treat- each political party, and from new Sen- hungry or homeless or abused, I will be ed differently? The contract puts the ators as well as old. I stand ready to do there to take them on. military budget in a separate area be- that, and I have already reached out to The contract calls for securities liti- hind the fence and it throws away the my Republican friends. gation reform to end what the contract key. They do not do that for Social Se- But let me tell you what I do not calls ‘‘frivolous laws suits.’’ This curity. They do not do that for Medi- stand ready to do. sounds great, but when you read the care—they don’t do that for education I do not stand ready to allow those fine print you see a plan that would let or for law enforcement. They only do who talk about reform to destroy pro- greedy and irresponsible parties com- that for the military budget. tections and rights guaranteed to all pletely off the hook after they dump Now I am all for a strong military Americans. risky investments on the public. and against wasteful military spend- I believe the Republican Contract The Republican contract would ing. In the eighties we found out we With America calls for just that, and heighten the economic insecurity of were buying $7,500 coffee pots and $600 since their goal is to pass it in 3 millions of Americans who save for the toilet seats and $350 ‘‘No Smoking’’ months, I feel I must speak out. future; have a 401K savings plan, a cor- signs and spending millions on weapons The contract talks about bringing porate pension plan, an IRA, or a mu- that blew up fans in portable toilets in- back the gag rule to health care clin- tual fund. stead of helicopters and billions on star ics. Here is the contract that professes The contract would make it almost wars when tests were rigged to make it less government on the one hand, but impossible for small investors to suc- look good. uses the Republican hand to gag doc- cessfully sue well-heeled investment And I have news for you even today: tors and nurses in clinics from telling bankers for fraud. It would require with all the reforms we’ve enacted, we their patients that abortion is legal op- small investors to prove their case—to still have generals taking $200,000 mili- tion in this country. When that fight know what went on in the mind of any- tary flights. An Air Force general re- comes, I will be right here. And speak- one who defrauded them—before they cently had a VIP C–141B Starlifter fly ing of health care clinics, I trust my file suit. It requires small investors to from New Jersey to pick him up—along colleagues will support law and order be mind readers. with his cat and an aide—in Naples, in a tragic escalation of violence waged How would this Republican contract Italy, and fly him to Colorado. The against lawabiding Americans. have affected Ramonna Jacobs of Los flight cost between $120,000 and $200,000. Law and order plays a big part in the Angeles. Mrs. Jacobs, unwittingly, in- A commercial ticket would have cost contract which is fine. But, sadly, it vested money earmarked for her dis- less than $1,500. resurrects the old fight between pun- abled daughter in Charles Keating’s And believe it or not, we are paying ishment and prevention. We should lis- junk bonds. convicted felons in the military mil- January 4, 1995 CONGRESSIONAL RECORD — SENATE S 21 lions of dollars a year while they sit in (The remarks of Mr. STEVENS and Mr. Her friends called her ‘‘Shanny’’ and jail. No one could get away with that KERRY pertaining to the introduction she was a very caring, committed in the private sector. of legislation are located in today’s young woman who represents the best In the meantime, we continue to RECORD under ‘‘Statements on Intro- of her generation. She cared about peo- spend two to three times more on the duced Bills and Joint Resolutions.’’) ple. She tutored Spanish-speaking chil- military than all other enemies com- The PRESIDING OFFICER. The Sen- dren in Cambridge, helped poor villag- bined. ator from Alaska is recognized. ers in Ecuador, worked with abused So let us not have any sacred cows. It Mr. STEVENS. I thank the Chair. children in Maine, and last week she makes us weaker as a nation, not (The remarks of Mr. STEVENS per- finished her application to Boston Uni- stronger. Let’s determine what it takes taining to the introduction of S. 49 are versity for a masters in social work. to meet the threats we face—debate located in today’s RECORD under She was one of those rare people in a the appropriate level of funding, al- ‘‘Statements on Introduced Bills and generation that has been often called ways be ready to procure the funding Joint Resolutions.’’) Generation X or the uninvolved genera- for emergencies but let’s not fence off Mr. GLENN addressed the Chair. tion, yet Shannon confronted injustice one part of the responsibility. The PRESIDING OFFICER. The Sen- and acted on her deep and abiding be- Let me read from the preamble of the ator from Ohio. lief that we are all in this together; U.S. Constitution: Mr. GLENN. I thank the Chair. that we are community and each of us (The remarks of Mr. GLENN pertain- We the People of the United States, in must accept our personal responsibility ing to the introduction of legislation order to form a more perfect Union, establish within that community, no matter justice, insure domestic tranquility, provide are located in today’s RECORD under what our beliefs. for the common defense, promote the general ‘‘Statements on Introduced Bills and The irony and the tragedy is that to welfare, and secure the blessings of liberty to Joint Resolutions.’’) John Salvi, Shannon’s life meant noth- ourselves and our posterity, do ordain and Mr. KERRY addressed the Chair. ing except an opportunity to make a establish, this Constitution for the United The PRESIDING OFFICER (Mr. States of America. statement. The good and the decent THOMPSON). The Senator from Massa- life of someone who truly cared about It doesn’t say provide for the com- chusetts. others was taken in the name of life. mon defense only. Mr. KERRY. I thank the Chair. Mr. President, no matter what our It does not say, ‘‘provide for the com- f views on abortion might be, I am con- mon defense and, if you feel like, pro- SUSTAINABLE FISHERIES ACT fident that every decent American mote the general welfare.’’ mourns the senseless murder of Shan- It does not say that providing for the Mr. KERRY. Mr. President, the Sen- non Lowney and is touched by the loss common defense takes precedence over ator from Alaska introduced the Sus- of someone so young and so committed establishing justice. tainable Fisheries Act previously and to working with other people. It says to do all those things. placed my comments in the RECORD as Contrast Shannon’s life and her mo- I believe in our Constitution. Some of if read in full. tives and the motives of a man like the things I hear lead me to believe I will simply address those comments John Salvi—a man who killed one per- that the preamble of the Constitution except to say that we have a crisis in son and wounded five others and then has become meaningless to some Mem- Massachusetts and New England, now a left Planned Parenthood and walked a bers of Congress—I fervently hope not. crisis that will grow across this coun- few blocks to the Preterm Health Serv- I have great confidence in the insti- try and all coastal States. We des- ices Clinic where he asked Lee Ann tutions of our Government. They have perately need a better regimen for Nicols, a 38-year-old receptionist en- prevailed through many political and managing the fisheries of this country. gaged to be married this year, whether economic times more trying than It is my hope that colleagues, while we this was, indeed, the Preterm Clinic. these. wrestle with the symbols and the quick She said yes, and he shot her from less But they are always tested. hot buttons of the American political than 1 yard away killing her on the I intend to make sure our institu- process, will focus on a program of spot. tions pass this test. enormous importance to people whose He then said, ‘‘In the name of the That the Government of, by, and for livelihoods depends on fishing. mother of God,’’ aimed at Richard the people will prevail and not be de- f Seron, a lawyer working as a security stroyed in the name of slogans and guard, and shot him once in each arm. rhetoric. BROOKLINE ABORTION CLINIC MURDERS He shot one other person, 29-year-old I look forward to a legitimate debate June Sauer once in the pelvis, once in on how we can make this the most Mr. KERRY. Mr. President, this is the back, and then he left. prosperous country, the fairest coun- the second time in 6 months that I So five people injured, two people try, and the healthiest country in the have risen to discuss the terrifying im- killed. He then drove 600 miles south to world. I hold out my hand in the search plications of abortion clinic murders, the Hillcrest Clinic in Norfolk, VA, for constructive solutions, but I hold but now I am deeply saddened that my where he went on another shooting up my hand to destructive political State has joined others that have seen spree, but nobody was hurt. And now posturing. the horror and felt the pain of this we must ask ourselves what does this The American people want us to senseless violence. mean, who is John Salvi, and what work together. They want the fili- Last Friday morning at 10 a.m. Shan- does his life show us? buster abuse to end—they want us to non Lowney, a 25-year-old activist On Christmas eve, Salvi delivered a take the best ideas—whoever has working as a receptionist at a clinic in sermon about the Catholic Church and them—and turn them into policies. Brookline, MA, looked up and smiled its failure to see the true meaning of They want us to work with the exec- at a man who had just walked into her Christ. But what was his motivation utive branch for progress. office. It was John Salvi. beyond whatever warped perceptions he Let us do that. In response to her smile and wel- had as a diviner of the scriptures? But I also believe the people from my come, he pulled a collapsible Ruger Paul Hill, the minister currently on State of California expect me to fight rifle from his bag—aimed it at Shannon Florida’s death row, gives us some in- for them above all, and if that means and fired at point-blank range. He sight into John Salvi’s motivations. standing on the floor of the Senate all killed Shannon and wounded three oth- Hill gave us a chilling reason for kill- by myself to do that, I will—any day, ers. ing a doctor and his assistant in Pensa- any hour. That’s the promise I made to In mourning her death, many people cola. He said: them. in Massachusetts and in the country The Bible teaches us to do unto others as The PRESIDING OFFICER. The Sen- are wondering about why this occurred you would have them do unto you. There- ator from Alaska is recognized, Mr. and they are also wondering about who fore, according to his reasoning killing a STEVENS. was Shannon Lowney and what does man who is about to kill an unborn child Mr. STEVENS. I thank the Chair. her life now show us. constitutes self-defense. S 22 CONGRESSIONAL RECORD — SENATE January 4, 1995 To Paul Hill, the murder was a jus- agree, we are still one people bound to- in this body as well as in the other tifiable homicide. gether not only by our faith and our body. Mr. President, this syllogism lies at commitments to our beliefs but by the I think a great part of that debate the heart of one of the most corrosive expression of our common interest was over the proper and legitimate role dangers that we face in an ever increas- through tolerance for our differences of Government as it affects the individ- ingly violent world and a violent Amer- and a mutual respect and understand- ual lives of the citizens of this country. ica. ing for each other. Many traditional Democrats—not all, There are religious teachings that Mr. President, Shannon Lowney, ob- but many—have taken the view that offer justifiable excuses for killing, but viously, did not deserve her fate. She the proper role of Government is to try the mainstream religions, all of them, was a good and decent woman, though to solve everybody’s problem all of the have always promoted tolerance over some might disagree with what she time, and that necessarily meant that intolerance. The only people who use chose to do. They certainly could not many of those suggestions were coming religion to justify cold-blooded murder wish on her the death she found. She from Washington as to what those so- are religious fanatics, and they must was the personification of the prin- lutions should be. Many, not all, Re- be recognized as such. ciples of freedom, freedom of choice publicans took the view that the role But what happened in Brookline and and equality and the justice that of Government was to get out of the what happened to Shannon Lowney and unites us as a people, and she was way and that Government really had Lee Ann Nicols and the tragedy of working to help others because she no role in helping people solve their their deaths tells us that we can no cared about other human beings. problems, but that it was more of a longer dismiss these fringe elements of Make no mistake, the wrong response survival of the fittest type of attitude our society, we can no longer let good to these shootings would be to turn that should be the predominant one by people fall victim to intolerance and clinics into armed fortresses on the which we govern ourselves. fanaticism. fringes of our medical delivery system, I think both of those roles are not Yes, John Salvi read from the same further from those who have a con- what the American people were talking Bible that Shannon and Lee Ann did. stitutional right to seek the procedure. about when they went to the polls on The teachings and the words were the We must learn from this and, indeed, November 8. Many self-styled new same, but their lives could not have in tribute to those who died, make cer- Democrats take the view that the le- been more different. tain that this constitutional right is gitimate and proper role of Govern- It is our task to remember that com- protected at the Federal, State, and ment is to help equip people to solve mitment and dedication can be mani- local level by providing the resources their own problems. Government’s role fest in kindness and concern, or they necessary to maintain peace in our is not to solve their problems, nor is can take the hideous form of fanati- country. Government’s role to get out of the cism and hatred that motivated John When those shots rang out in Brook- way and let the survival of the fittest Salvi to play God. line last Friday, Mr. President, John be the rule of the day. But, rather, the Mr. President, it is incumbent on all Salvi did not just take life, he took proper role of Government is to try to of us, and particularly as we begin this something very precious from all of us. help and equip people to be able to term in the Senate, to understand the He took our freedom to believe and to solve their own problems. That is a increasing danger that can be wrought express our beliefs as we choose and he viewpoint that I think is proper and by those who interpret religious teach- took our freedom to act on our beliefs one that I share. ings as a crusade against others and as without fear of violence. We cannot In keeping with that perspective of a justification for cold-blooded murder permit that to happen in this country. what Government’s role is, I have or for violent acts. For many days, there will be many joined with Democratic leader DASCHLE It is our task to understand that we who will continue to mourn the deaths and Senator KENNEDY, of Massachu- live in dangerous times and that the of Shannon Lowney and Lee Ann setts, in introducing legislation, which easy availability of weapons in society Nicols. The people of my State will re- is S. 6, which is entitled the Working makes it even more dangerous. People main shocked and outraged at this Americans Opportunity Act. like John Salvi and Paul Hill have in- senseless act of violence that took I think it is legislation which all creased the danger and increased the them from us. And I know I speak for Members should carefully consider be- threat to those who choose to show every Member of the Senate in extend- cause it takes as its premise that the their commitment and their faith by ing our deepest condolences to their role of Government is to help people helping others build a better life for families and friends and to all the vic- solve their own problems, to help them themselves and their families. tims of this tragedy. equip themselves to meet the needs and So I believe, Mr. President, it is time The lesson, Mr. President, is toler- the problems they are facing. for both sides on the abortion issue to ance, and it is a lesson we would do We all know that in today’s society exert leadership and to show that we well to learn and to think about as we the average American worker has to can find a way to express our views witness other divisions in the United change jobs several times in a lifetime. without increasing the rhetorical vio- States of America, particularly the di- We all know that a great deal of the in- lence or the physical violence. vision of race. If we do not learn it, security that Americans have in their It is our task to sit down and to talk then we will dishonor the memory of daily lives is because they do not know to each other, and I commend my these two young women from Massa- whether the job they are in today will friend and constituent and his emi- chusetts who lost their lives through be there tomorrow. They do not know nence, Cardinal Bernard Law of the intolerance in the name of God. whether they will have the training Archdiocese of Boston, for his personal I yield the floor. and the skills to go out and seek a new efforts to bring both sides together. He Mr. BREAUX addressed the Chair. job, perhaps in a new area, perhaps in has shown courage in this regard. Even The PRESIDING OFFICER. The Sen- a new profession, because they have though he is strongly pro-life, he has ator from Louisiana. not been properly trained. called for an end, temporarily at least, S. 6, the Working Americans Oppor- to antiabortion protests in Boston. He f tunity Act, provides the types of train- is trying to bring everyone together in ing, the types of opportunities that an unprecedented sense of negotiation. PROPER AND LEGITIMATE ROLE American workers need in order to Cardinal Law has shown leadership OF GOVERNMENT equip themselves to meet the chal- and tolerance, and his deep faith serves Mr. BREAUX. Mr. President, I say to lenges of the future. President Clinton as an example to all of us who want to my colleagues, we have all just under- has in his proposal for a middle-class bring an end to the senseless violence. gone an election process, a great de- bill of rights a similar proposal. The What we achieve together can send a bate that has occurred in this country, President has said many times that loud and clear message to those who culminating in the elections on No- what you earn is tied to what you learn would use their beliefs as justification vember 8, which saw those of us who in this country, and that is a very true for murder that, though we may not are Democrats lose the majority both statement. January 4, 1995 CONGRESSIONAL RECORD — SENATE S 23 Our legislation will try to help Amer- place—the individual who is going to I think this legislation for the first icans learn more so that in their lives benefit from these vouchers. time will say that we are going to rec- they can earn more. What we do with I would point out that this concept of ognize that individuals, citizens back this legislation is to build on the old GI putting the workers in charge of their home have the ability to make the de- bill with which so many Americans are own fate rather than having their fate cisions for themselves. But Govern- familiar, where returning servicemen decided in Washington is going to ac- ment does have a role. It is not sur- after World War II were given an oppor- complish a couple of things. No. 1, it vival of the fittest. It is not just throw- tunity to select a college, an institu- would really I think for the first time ing everybody out there and saying tion they would like to attend, and the allow the workers to take charge of some will survive and some will perish, Government helped them equip them- their career, let them decide what they but it is saying Government’s role will selves by giving them the money which want to do instead of having that deci- be to help people make the best deci- allowed them to select where they sion made in Washington. sions for their lives. wanted to go to college, and also to se- Second, I think allowing that indi- So I would suggest the legislation we lect what courses they would take. vidual to decide where they want to go have introduced today, the Working The Government did not make that and what school they would like to at- Americans Opportunity Act, is in keep- decision. The Government in Washing- tend for the training they are seeking ing with that theory, that there is a le- ton, after World War II, did not tell is going to provide competition among gitimate role for Government to help young Americans where they had to go private and public institutions for that equip our citizens to make their own to college. It did not tell them, when individual’s interest, to compete for decisions and to help them solve their they got there, what courses they had that individual’s business. I think that problems. to take. It did not tell them in what competition will provide better serv- That is the role of Government I they had to major. The Government at ices. Right now there is not a great think most Americans share. I think it that time had faith in the individual deal of competition among training in- was one of the clear messages of the American citizen to make that deci- stitutions because the Government last election. I think all of us have to sion on their own because Government makes the decision where these indi- take heed of those results, Republicans at that time felt the individual would viduals have to go. There is no com- and Democrats alike. This legislation make the right decision; they would petition. This legislation would create is a major step in that direction, and I take the courses they felt they were urge my colleagues to consider joining competition among these schools to best able to do well in; they would go with us in supporting this legislation compete for those individuals coming to the college they felt best suited as it has been introduced. to their institutions, and I think they their particular need. Mr. President, I now yield the floor. would provide a better product. There was no bureaucracy or no Gov- Mr. EXON addressed the Chair. Third, competition would provide ac- ernment in Washington that made that The PRESIDING OFFICER. The Sen- countability for performance. Dissatis- decision. That is one of the reasons ator from Nebraska. fied customers could vote with their why the GI bill was such a good piece Mr. EXON. Mr. President, I rise feet, taking their business to more ef- of legislation and why thousands and today to lend enthusiastic support to fective providers. thousands of Americans today have S. 9, which I think is probably one of And fourth, bureaucracies that run lived a better life, because someone the most important, if not far-reach- had the intelligence back in the 1940’s the current program would certainly be ing, measures that have been intro- to offer legislation which made that reduced. I am told by I think the Gen- duced today, along with very many type of career education possible for eral Accounting Office that we have other important measures. hundreds of millions of Americans. literally hundreds of departments and S. 9 addresses the matter of the con- What we have offered today is build- agencies in Washington that run job stitutional amendment to balance the ing on that concept. It will give to training programs. We already spend budget. I have long been a supporter of Americans who have been dislocated literally billions of dollars in Washing- that, and my name has been mentioned because of a plant closing or because ton on job training programs right by my colleagues on both sides of the they have been fired, they have been now. Our legislation says we should not aisle. I was very pleased to join as a co- laid off, vouchers to allow individuals be spending any more money. It is a sponsor of the bill of the Democratic to select the type of training they question of spending it more wisely. leader to focus attention on this mat- want, at the place they want, the type Our legislation takes money from ex- ter. of program they want, they feel best isting bureaucratic programs in Wash- I also happen to be the ranking Dem- suited they can handle, and then enroll ington and uses the dollars to create ocrat on the Budget Committee, and and better themselves so they can earn vouchers to give to individuals to let the Budget Committee, with all of its more in later life. them make the decision as to where other very important responsibilities, Mr. President and my colleagues, we they can best get their best education is going to play a very key, a very deci- have hundreds of programs in the Fed- and the best retraining to compete in sive role in the constitutional amend- eral bureaucracy. We have agencies all today’s modern world. The global econ- ment to balance the budget. over the place that have job training omy that we are now talking about I rise today though to say while I programs where bureaucrats in Wash- creates a lot of opportunities for Amer- voted for it before and I am going to ington are deciding for an individual in icans, but it also has created a lot of vote for it again, I am going to be my State of Louisiana what is the best problems for Americans because many plowing a straight furrow down the course they can take or where they jobs people are involved in today are road on this whole matter to explain to should go to school. This legislation not going to be here tomorrow because the Senate and to the House and to the says the individual should have the of the changing global competition and people at large that passing a constitu- ability to make that decision; that our environment. tional amendment to balance the budg- role in Government is to give that per- This Congress just in the last year et is the easy part. son a voucher and let them decide passed a North American Free Trade There has been no legislation intro- where they want to go and what Agreement. We passed a GATT agree- duced today, and I daresay there will courses they want to take. I think this ment. That is going to make global be no legislation introduced in this concept is one of which the President is competition more and more and create Congress, that has such far-reaching supportive, one of which I think many more opportunities for American work- implications. This is where the rubber of our Republican colleagues will be ers and for American businesses. But meets the road. Passing a constitu- supportive because it eliminates the we cannot do it if our workers are not tional amendment—which I believe bureaucratic, governmental decision trained. We cannot do it if our workers will be passed—is the easy part. In maker in Washington and allows the are still educated to work in jobs that doing so, we have to have a thorough decision to be made back at the local are not the jobs of the future, that are understanding by every Member of the level by the person who is going to ben- not the jobs in a global environment Senate, every Member of the House of efit from that decision in the first with global competition. Representatives, every Governor, every S 24 CONGRESSIONAL RECORD — SENATE January 4, 1995 legislator in every State and the people to fully understand what we are tack- ing class. It is called the Working at large, as to the awesome task that ling and what we are taking on. There- Americans Opportunity Act. We have we take upon ourselves when we pass fore, I want to make the point that made great strides, these past couple of this measure. It is not going to be easy. this S. 9 is a far-reaching measure. It years, in creating new jobs. Over 5 mil- It is probably one of the most difficult has to be passed, I believe, to bring lion new jobs have been created. We tasks that the Congress of the United some sanity to the Federal Govern- have the lowest inflation rate since States all during our history has ever ment, to begin to balance income with John Kennedy was President. Three saddled itself with. But saddle it we out-go. Therefore it is a necessity. It is years in a row we have had a deficit re- must if we are going to stop runaway a very, very painful one and the people duction. We will have a reduction in deficits, skyrocketing national debts. of the United States who send us here our annual deficit this year, the third I think the first thing we have to to do their bidding should understand year in a row. This is the first time in have a full understanding with the peo- when we do what they want us to do— 50 years this has happened. ple on, if they do not understand it the vast majority want a constitu- Industrial production is the highest now, is that there is a difference be- tional amendment to balanced the tween the annual deficit and the na- budget. I say to the people of the Unit- since the days of President Lyndon tional debt. I am afraid the people hear ed States of America, it is not going to Baines Johnson. Real business invest- about the $150 to $350 billion annual be easy. I am afraid too many believe if ment is the highest since World War II. deficit and then they hear about the we just eliminate the $1,200 toilet seats Mr. President, we have 100,000 fewer skyrocketing national debt that was and the $500 hammer, and if we cut the Federal employees than we had years addressed earlier in the day by Senator salaries of the Members of the House ago. Corporate profits soared 45 percent DASCHLE, under $1 trillion in 1980 and and Senate and their staffs in half, we in the last quarter. Productivity as I now it is $4.7 trillion. They hear often could do those things and everything indicated is skyrocketing. that the fastest growing part of our would take care of itself. It would be What then is the problem? The prob- budget is interest on the national debt. balanced. lem is that the American public gen- I simply say that if we are going to I heard a big debate on television last erally is not benefiting from the gains balance the Federal budget by the year night about $300 million for public that are being made. 2002, as is outlined in most of the meas- radio and public television. That is Let me read from a speech that was ures that have been introduced thus what television shows are made of. The given by the Secretary of Labor very far, we are going to have to cut $1 tril- $300 million that we spend on public recently. He said among other things, lion or more, depending on how much broadcasting maybe should be cut. But and I quote: money we expend for tax decreases— it is a drop in the bucket. And we con- The old middle class has become an anx- worthy or unworthy, justified or un- tinue to focus on the little things, ious class—worried not only about sustain- justified. The political climate, it making believe if we do that, the prob- ing their incomes but also about keeping seems to me, is to make everybody lem is solved. It is a monumental prob- their jobs and their health insurance. Our happy we have to have a tax cut. Add lem of major proportions that all large corporations continue to improve pro- that tax cut, if you will, to the $1 tril- should understand, as we proceed down ductivity by investing in technology and lion that I have already outlined and this dangerous course that in my view cutting payrolls. In a recent survey three you see the monumental problem that we must proceed on if we are ever out of four employers say their own employ- we have on our hands. going to bring outlays in line with ex- ees fear losing their jobs. Meanwhile, 1994 is Meanwhile back at the ranch we have penditures. on track to become history’s second-biggest all kinds of people, well-intentioned Mr. President, I yield the floor. year for mergers and acquisitions. But who people, who are saying, ‘‘This has to be Mr. REID addressed the Chair. wins in this $300 billion deal? Certainly not off limits. Of course that has to be off The PRESIDING OFFICER. The Sen- the average American worker. When two in- limits. We cannot touch this, we can- ator from Nevada. dustry giants merge, the advantages of the deal often come from layoffs. Across Amer- not touch that.’’ I hope those of us who Mr. REID. I make inquiry to the ica, I hear the same refrain: ‘‘I’ve given this vote for a constitutional amendment to Chair on a matter, a parliamentary in- company the best years of my life, and now balance the budget recognize, as we quiry as to what the proceedings are they dispose of me like a piece of rusted ma- must, that not all of us, maybe not a before the Senate now? chinery.’’ What has happened to the men and majority of us, will be here serving in The PRESIDING OFFICER. The Sen- women who have lost their jobs? Some have the U.S. Senate and the House of Rep- ator may speak for up to 10 minutes. navigated their way to new and better oppor- resentatives in the year 2002. Yet we f tunities. But nearly one out of five who lost are mandating what people will do a full-time job since 1991 is still without then. We, therefore, in my view, have SENATOR DASCHLE’S IMPORTANT work. And among those Americans who have the responsibility to plow a straight MESSAGES TO THE AMERICAN landed new jobs, almost half—47 percent furrow, to tell the people exactly what PUBLIC —are now earning less than they did before. In sum, tens of millions of middle-class the situation is, to put the pain and Mr. REID. Mr. President, at the be- Americans continue to experience what they suffering that is going to take place in ginning of every session of Congress began to face in the late 1970’s—downward making these cuts so they are clearly the Senate, both the minority and the mobility. They know that recoveries are cy- understood—to recognize that, of all majority, introduce five bills. These clical, but fear that the underlying trend is things, we may even have to raise are deemed to be the most important permanent. They voted for change in ’94 just taxes sometime before 2002 to accom- bills of the two parties during a Con- as they voted for change in ’92, and they will plish the ends we are about to vote for. gress. I would like to congratulate and do it again and again until they feel that When you mention the tax word around applaud the minority leader, Senator downward slide is reversing. But what so here, though, that is a no-no. DASCHLE of South Dakota, for the many Americans find shocking about today’s I simply say in tackling this propo- choice he made in the bills that are economy is the seeming randomness of their sition this Senator, and I expect two- part of the legislation that will be ad- fates. On a recent poll, 55 percent of American thirds of the Senate, are strongly in dressed by this Congress. The bills he adults said they no longer believe that you support of and will pass a constitu- has introduced are important messages can build a better life for yourself and your tional amendment to balance the budg- to the American public. family by working hard and playing by the et. We have the responsibility, not only I first want to talk about S. 6. This is rules. Of those without college degrees, 68 to vote but we have the responsibility a bill dealing with the American work- percent no longer believe it. Because they January 4, 1995 CONGRESSIONAL RECORD — SENATE S 25 have been working hard and they are still have a job. They are lost. The job agen- with accessible and affordable health falling behind. cies simply do not give them the help care by addressing those pressing con- Mr. President, sure things are hap- they need. cerns of working families. This legisla- pening. Corporate profits are up 45 per- These workers will be given a vouch- tion will clamp down on insurance cent, and I am happy. That is the way er. It is not welfare. We will save practices that often cause families and it should be. We have added new jobs. money in this program. Instead of giv- small businesses to lose their coverage. But the problem is, I repeat, the middle ing this money to a Government bu- I learned in this health care debate class is not benefiting from what is reaucrat we will give the money to an that we did not spend enough time try- taking place. That is why we had the individual. That individual can look ing to look out for small businesses. vote in 1992 that was a minirevolution, around and find a program that is in This legislation does that. and a vote in 1994 that was an outright keeping with what they should do, The elements in this bill are those revolution. People of the middle class what they want to do. areas upon which there is I believe, and that make up the vast majority of the Mr. President, this is the way that Senator DASCHLE believes, broad bipar- people of this country are dissatisfied we used to do things. We should now tisan consensus to do some health care with what is going on. again take up what worked before. reform. Last year alone the top 20 percent of They will receive training vouchers This bill will ensure portability, American households took home a for job training and employment-relat- eliminate preexisting conditions exclu- record 48 percent of this Nation’s total ed services. This legislation will offer sions, and prohibit companies from income. This same group, the top 20 workers who seek assistance a list of charging consumers higher rates than percent of American households, pock- State-certified places to obtain job others with the same policy or raising eted 72 percent of the growth in in- training and employment services. The rates after consumers get sick. This comes that took place. The top 5 per- places they will go will have been cer- bill will also require all insurers to cent of people who work in America tified, and they will have a report card, offer at least one plan that will give took home 20 percent of the Nation’s so to speak, to indicate their success benefits similar to what Members of total income and more than 40 percent and failures. Congress have. of all the growth that took place in in- It will establish through Federal Also, I think very important—and I come in this country. We know about grant programs to States a one-stop in- believe this is the most important part rising interest rates that are also hit- formation center that provides easy ac- of Senator DASCHLE’s bill—if we pass ting the middle class with higher car cess to a full range of job training and no other part, we should pass the part payments, mortgages, and credit card placement services. It will establish in that says: This bill will return buying payments. the labor market an information sys- power to consumers by requiring Mr. President, men who lack a col- tem providing current data on avail- health care providers, health plans, to lege degree—nearly three out of four able jobs and training to help working make cost and quality information working men—have suffered a decline Americans keep pace with the chang- available to consumers so they can in average real income since 1979 and ing workplace. compare plans and make informed women have just barely stayed even. This legislation should receive bipar- choices about the coverage. So as to the bill, the Working Ameri- tisan support. I am hopeful and I am We would require that the health cans Opportunity Act, I will not repeat confident that it will. There is no rea- care providers, in effect, have a report what my colleague from Louisiana, son that we cannot join together in card so consumers can make an intel- Senator BREAUX, said, but I believe, as this. It does a number of things. It re- ligent choice. We want to also reduce Senator BREAUX believes, that it is one duces the bureaucracy, returns pro- paperwork and have administrative of the most important pieces of legisla- grams to the State level, and gives in- simplification and reform of mal- tion introduced in these Chambers in dividuals choice in how they are going practice. I believe this is another piece decades. Why? Because it is directly re- to be able to complete the rest of their of legislation on which we can join lated to the American middle class. lives. There will not be meaningless with our neighbors across the aisle and The bill will take bold steps, Mr. Presi- programs that they are sent to for re- reform health care in America today. dent, to complete the responsibility for training. Another piece of legislation is the economic viability for all American So I do hope very much, Mr. Presi- Teen Pregnancy Prevention and Parent citizens. The bill will replace nine Fed- dent, that we can receive bipartisan Responsibility Act. I am concerned eral job training programs. I men- support for this legislation that has about this issue. I am not proud of the tioned nine job training programs. been introduced by Senator DASCHLE. fact, but the State of Nevada, in 1990, Each of these job training programs Also part of Senator DASCHLE’s legis- ranked No. 2 in the Nation in teenage have a series of subcategories under lation is the Family Health Insurance pregnancy rates. There is only one them, dozens, as Senator BREAUX said. Protection Act. We all know that the other State in the Union that has a Many of them are not relevant to the work that was done in the hours and higher teenage pregnancy rate than the people that are coming to them seek- days and weeks and months spent on State of Nevada. ing help. We want to replace these nine this floor and in the other body on We have to address welfare reform Federal job training programs with a health care reform bore no fruit. We generally. This legislation does this, new training account system for work- can pass a lot of blame as to why. with emphasis on the problems we have ing Americans. Mr. President, I ask unanimous con- with teen pregnancy and establishes Mr. President, the vast majority of sent that I be allowed to speak for an parent responsibility. We must have the people in America do not go to col- additional 5 minutes. the parents of these children respon- lege. There is nothing wrong with that. The PRESIDING OFFICER. Without sible for their well-being. I am not going to get into a debate objection, it is so ordered. It is important to note, Mr. Presi- about how our high schools only gen- Mr. REID. Mr. President, if we had to dent, that 70 percent of births to teen- erally push college courses. I think pick winners and losers in the health age mothers were fathered by men who that we should be more in tune with care debate, the winner clearly is the were 21 years of age and older. They what people want and need in this health insurance industry. They set should pay and be responsible. We country. But suffice it to say, the vast out to confuse and frighten the Amer- know what is going on in our country majority of people in this country do ican public, and they did that. I have today. It is devastating and it is hurt- not go to college. We need people that to tell them that I think they did a ing the moral fabric of this country. do not go to college to be able to com- good job. But that does not take away This legislation addresses that. pete in the modern-day American from the fact that we still now have Because of the lack of time, I am not workplace, and many people are not. problems with health care in this coun- going to go into detail, but I say to my They are being lost in the cracks. They try. friends on the other side of the aisle go to find help from an agency that is Senator DASCHLE has recognized this that this is the third piece of legisla- supposed to help them and retrain in his legislation which continues a tion I have talked about today where them. They have lost jobs. They do not commitment to provide Americans we should have bipartisan support. S 26 CONGRESSIONAL RECORD — SENATE January 4, 1995

Senator EXON talked about joining the Mr. LOTT. Reserving the right to ob- complete U-turn and head back toward Republican colleagues on the balanced ject, Mr. President. soaring deficits, a mounting national budget amendment. We need to do Just for clarification, under a pre- debt, and putting off until tomorrow that. vious unanimous-consent agreement, the fiscal housecleaning that is so des- The last part of the legislation that there was a time agreement, I believe, perately needed today. Let me just tick the minority leader introduced as part for an hour and 20 minutes on each off very quickly some of the bad signs of the Democratic legislation is con- side. What is the present status of that that we are about to move in the wrong gressional coverage reform. It is impor- time? All time has expired on the mi- direction. tant that we deal with Senate cov- nority side. How much time is remain- One is that the Republican Contract erage. We are going to do that. That is ing on the majority side? With America, frankly, lays out what I going to be a bipartisan effort. I The PRESIDING OFFICER. The ma- think is an irresponsible plan that pro- worked as chairman of a task force last jority has 28 minutes and 16 seconds, poses a balanced Federal budget and, at year to report to the majority leader, and the minority is out of time. the same time, says we are going to and then the minority leader Senator Mr. LOTT. And when all time is used have major tax cuts and a significant DOLE, and I think much that we did on or yielded back, is the next order of increase in military spending. This is a the bipartisan task force is going to be business a statement by the Senator proposal that Nixon’s economic ad- part of the legislation. Lobbying re- from Iowa [Mr. HARKIN], on his amend- viser, Herbert Stein, labeled hypo- form, gift ban and campaign finance re- ment? critical. So that is one sign—the Re- The PRESIDING OFFICER. The next publican contract. form are a part of Senator DASCHLE’s legislation. I recommend it to my col- order of business would be to resume The second sign is that some folks leagues on this side and the other side consideration of Senate Resolution 14. are also saying we should use some- Mr. LOTT. I thank you, Mr. Presi- thing called dynamic scoring tech- of the aisle and say to the American dent. niques. I think this dynamic scoring public I think this is the year we are I withdraw my reservation. technique is a bit of fiscal hocus-pocus. going to accomplish something The PRESIDING OFFICER. The Sen- Business Week described it this way: through teamwork. ator is recognized for 5 minutes. Mr. LOTT addressed the Chair. * * * as the most dangerous thing to hit Mr. BRADLEY. I thank the Chair. Washington since politicians discovered how The PRESIDING OFFICER. The Sen- (The remarks of Mr. BRADLEY per- to print money. ator from Mississippi. taining to the introduction of legisla- Dynamic scoring would abandon the Mr. LOTT. Mr. President, I have been tion are located in today’s RECORD tough pay-as-you-go budget rules that pleased to listen to the statement of under ‘‘Statements on Introduced Bills we have used in the past several years the distinguished Senator from Ne- and Joint Resolutions.’’) to bring down the Federal deficit. So I vada, and I am very encouraged to hear Mr. LOTT. Mr. President, I suggest think that is a bad idea. In fact, we his comments. I am satisfied that there the absence of a quorum. have seen voodoo economics in the are going to be many issues we will The PRESIDING OFFICER (Mr. WAR- past. I see this as voodoo mathematics. work together on, and I believe there NER). The clerk will call the roll. Just so it is clear this is not just a are going to be many opportunities for The legislative clerk proceeded to partisan statement by any means, cooperation in a bipartisan way this call the roll. there is a third sign that we are mov- year. Mr. FEINGOLD. Mr. President, I ask ing in the wrong direction, and that is I want to commend our new Repub- unanimous consent that the order for that President Clinton himself has pro- lican majority leader for scheduling as the quorum call be rescinded. posed a $25 billion increase in spending the first piece of legislation we will The PRESIDING OFFICER. Without for a military budget that, in my view, take up the Congressional Accountabil- objection, it is so ordered. is already bloated with obsolete, cold- ity Act. We will have bipartisan sup- Mr. FEINGOLD. Mr. President, I ask war-era weapons systems. port for that effort, and I think it is unanimous consent that I may speak Another sign: Members of both par- appropriate that we begin this year by for up to 10 minutes as in morning ties in this Senate just voted to waive saying we are going to have all the business. the budget rules for the GATT imple- Federal laws that apply to the Amer- The PRESIDING OFFICER. Is there menting legislation. There are many ican people—in the States of Nevada, objection? Without objection, it is so other merits to it, but the fact is the Tennessee, Mississippi, all across the ordered. measure does not offset the cost of the country, apply to us also. So we will f loss of tariffs of some $40 billion over begin that debate on the first full legis- the next 10 years. So much of the lative day of this year, and hopefully TAX CUT—WRONG THING TO DO progress we made on reducing the defi- we will be able to reach an early agree- Mr. FEINGOLD. Mr. President, as the cit could be lost because of the failure ment and pass that legislation quick- bipartisan stampede for tax cuts begins to pay for the GATT agreement. ly—perhaps in the next 2 days, or cer- here in the 104th Congress, I would like The same goes, finally, for the pro- tainly by early next week. I look for- to raise a dissenting voice. Like every posal, the reaction to the Kerrey-Dan- ward to working with the Senator from other elected official, I would really forth Commission. People essentially Nevada and others. I yield to the Sen- like to be able to support a tax cut for ignore the important message that all ator from Nevada. middle-class Americans. In fact, it things have to be on the table. Both Mr. REID. I say to the Senator, my would be great to be able to support a discretionary spending and entitle- friend from Mississippi, through the tax cut for all Americans. That is usu- ments have to be on the table. You Chair, that I congratulate him on his ally a very pleasant opportunity for an cannot have it only defense spending, recent leadership position. I am glad to elected official to vote for that kind of only discretionary spending, or only see that my former colleague from the tax cut. entitlements if we are going to attack House is doing well. He had good train- I think it is the wrong thing to do the deficit. ing there. I served in the House when right now, when we have just begun to But perhaps the greatest risk to our the Senator from Mississippi was mi- make headway on reducing the Federal efforts on the Federal deficit is the lat- nority whip. He did a fine job there, as deficit. This new tax cut fever is just est effort to try to come up with these I am sure he will do here. I wish him the most recent example of how far we tax cuts. That frenzy of tax cuts, par- the very best in this Congress. seem to be straying in the path toward ticularly creating the tax breaks for Mr. BRADLEY addressed the Chair. economic stability. We started moving special interests, gave us the biggest The PRESIDING OFFICER. The Sen- in the right direction with deficit re- deficit in our history, a deficit that we ator from New Jersey is recognized. duction in 1993, but I think in 1994, we have just begun to cut, with consider- Mr. BRADLEY. Mr. President, I ask started to stray from the path a little. able pain and sacrifice for Americans. I unanimous consent that I be permitted Now, there are just far too many signs do not think our economy can sustain to proceed as if in morning business for that not only are we straying from the another round of this political self-in- 5 minutes. path, but that we are about to make a dulgence. January 4, 1995 CONGRESSIONAL RECORD — SENATE S 27 Mr. President, if the Federal Reserve cent of those polled said if Congress is this regulatory apartheid scheme of reacts as anticipated and pushes inter- able to cut spending, then reducing the having little patches or enclaves of est rates up again, the economy could deficit—reducing the deficit—is a high- competition for only one group of peo- very well go through the windshield, er priority than just giving out tax ple or companies. and right now the President’s proposed cuts. Telecommunications policy in Amer- tax credit for families with incomes up So, Mr. President, to conclude, it is a ica, under the 1934 Communications to $75,000 will cost $90 billion over 10 little frustrating to hear constituents Act, has long been based on the now years, and if you throw in the tax cuts who could certainly use the money faulty premise that information trans- he has proposed, the bill reaches $174 urge Congress to make deficit reduc- mitted over wires could easily be dis- billion. The Republican proposal to tion a higher priority than tax cuts and tinguished from information transmit- give tax credits for families earning up then see this institution rush to see ted over the air. Different regulatory to $200,000 will cost, Mr. President, $244 who can give the bigger tax cut. I hope regimes were erected around different billion over 10 years, and altogether the media and the political commenta- information media. That is what I refer the Republican contract, I am told, tors will look closely at the campaign to as the regulatory apartheid scheme. would cost a whopping $712 billion over rhetoric of those who just recently This is an extremely complex and dif- the next 10 years. pledged to fight to reduce the Federal ficult area. It is easier said than done. So, Mr. President, I think the con- deficit and compare that rhetoric to to- The telecommunications field is a ventional wisdom about tax cuts is day’s eagerness to join the bandwagon unique area of regulation in that one something that has to be challenged. I on tax cuts. frequently has to use someone else’s realize not many people are doing it at I thank the Chair, and I suggest the coaxial cable to get to a home or some- this time. What I am noticing is that absence of a quorum. one else’s fiber optic cable or someone my constituents can smell a rat when The PRESIDING OFFICER. The someone suggests that a tax cut is just else’s copper cable or copper wire to clerk will call the roll. get one’s product delivered. Nonethe- what the Nation needs right now. The legislative clerk proceeded to less, I am quite confident we can work It was not that long ago that I had a call the roll. out many of those problems through chance, as a candidate for U.S. Senate, Mr. PRESSLER. Mr. President, I ask the development of opening require- to oppose a middle-class tax cut in a unanimous consent that the order for ments in terms of unbundling, in terms campaign. My opponents in the general the quorum call be rescinded. of interconnection, in terms of number election spent a lot of time and money The PRESIDING OFFICER. Without portability, in terms of resale and so making sure everybody in the State objection, it is so ordered. forth. knew I was against the middle-class f tax cut. But the voters realized that It is my strongest personal convic- what they would get back in lower PASSAGE OF A PROCOMPETITIVE, tion that one of the great accomplish- taxes, a meaningful amount to many DEREGULATORY TELECOMMUNI- ments, on a bipartisan basis, of this people, was simply not worth it be- CATIONS BILL, THE TELE- 104th Congress will be the passage of a cause of the devastation it would cause COMMUNICATIONS COMPETITION new major telecommunications reform to our Federal budget. AND DEREGULATION ACT OF 1995 bill. Let me bring it right up to today. In Mr. PRESSLER. Mr. President, I I have been meeting and speaking my office, since the President made his think one of the major duties of the with numerous CEO’s from around the speech, phone calls and letters have new Congress will be to pass a major country in the telecommunications and been running about 10 to 1 in favor of telecommunications reform bill—a new information technology industries. I reducing the deficit rather than using procompetitive, deregulatory bill. I am meeting with consumers. I am talk- spending cuts to cut taxes. know there are many views in this ing with my fellow Republican and For example, a gentleman from body on national telecommunications Democratic colleagues, both in the Birnamwood, WI, wrote to me and said: policy. The Republican controlled 104th House and the Senate. I have spoken on By all means, cut Government spending Congress has a truly historic oppor- a number of occasions with Vice Presi- but use that savings to eliminate the deficit tunity to pass comprehensive tele- dent GORE about this most important and pay down the debt that threatens to topic. We must work together on a bi- overwhelm us. communications reform legislation. Last year, the Congress almost partisan basis to achieve this laudable He said that is the only responsible passed a bill. The House of Representa- goal. thing to do. tives passed a bill by an overwhelming Much of the recent discussion around A woman from Cornucopia, WI, the vote. The Senate Commerce Commit- the country has been about the Con- most northern point in Wisconsin, tee passed out a bill 18 to 2 that be- tract With America and some of the wrote: came entangled here on the Senate partisanship that might surround that I can’t figure out why this is happening, floor. debate. I think the contract is a very this race to cut taxes, when the majority of Why should we pass a telecommuni- healthy thing and I will vote for it. But people, according to all I have seen, heard, we will also have a substantial piece of and read, don’t care. cations bill in 1995? The reason is that substantive legislation in the Com- She says: the country needs a roadmap for the next century in telecommunications as merce Committee this year—a new pro- We wanted the deficit cut and we wanted competitive, deregulatory tele- our money spent more wisely. we continue to move forward in the In- formation Age. We need to have more communications bill—the Tele- A gentleman from Waupaca, a very competition and more deregulation. communications Competition and De- Republican town in Wisconsin, wrote Past efforts to craft telecommuni- regulation Act of 1995. As the incoming this to me. He said recently: cations legislation have been bogged chairman of the Senate Commerce I want you to know that I strongly support down by overly regulatory approaches. Committee this year I have announced your position against the proposed tax cuts. A fresh look at the issues, grounded in that this will be the Commerce Com- With an income of $50,000, I guess I would mittee’s top priority. I ask my col- benefit from most of the tax cut plans, but I procompetitive, deregulatory prin- feel the benefit would be short lived and ciples, is the best way to meet our leagues to look at some of the mate- would be clearly detrimental to the country. common policy objectives. rials we will send to your offices on I hope that you will continue to oppose these We need to have all telecommuni- this bill. It is very important that we tax-cut plans that are clearly nothing more cations markets open to competition. reach consensus on this critically im- than attempts to buy votes. We need to have the cable companies portant issue and pass a new tele- My office, Mr. President, has re- competing in the telephone business communications bill. ceived hundreds of calls and letters and telephone companies providing My new telecommunications bill will that are similar to these. And I think cable television service. We need to rapidly accelerate private sector de- that view is shared not just in Wiscon- have the long-distance companies com- ployment of advanced telecommuni- sin. A USA Today-CNN poll published peting in local telephone markets, and cations and information technologies on December 20, 1994, found that 70 per- vice versa. We no longer should have and services to all Americans by open- S 28 CONGRESSIONAL RECORD — SENATE January 4, 1995 ing all telecommunications markets to is ultimately passed on to the Mr. Nuckols has personally interviewed competition. It will markedly improve consumer, and deters the development almost everyone hired by the Budget international competitiveness, spur of new and worthwhile products and Analysis Division. Only those who economic growth, job creation and pro- services. meet his high standards of integrity, ductivity gains, delivery better quality I support a number of legal reforms intellect, and training pass muster. of life through more efficient delivery that will improve our civil justice sys- Then, having hired the best, he has of educational, health care and other tem, make the system fairer to all par- worked to ensure that they had the re- social services, and enhance individual ties, allow for a quicker recovery for sources and support necessary to per- empowerment. All without spending those injured, and make those most re- form at their best. taxpayer money. sponsible for an injury liable for their Mr. President, the appreciation we Mr. President, I thank the Chair and fair share. I welcome the input of those feel for the work of the Congressional I yield the floor. I note the absence of concerned about these issues. Budget Office is due in no small part to a quorum. I am also committed to joining Sen- the efforts of C.G. Nuckols. During his The PRESIDING OFFICER. The ators GORTON and ROCKEFELLER in 20 years at CBO, Mr. Nuckols has clerk will call the roll. passing product liability reform legis- served the Congress with quiet, tire- The legislative clerk proceeded to lation in the 104th Congress. I look for- less, nonpartisan professionalism. I call the roll. ward to their continued leadership in wish him well in his new venture, Mr. LOTT. Mr. President, I ask unan- the Commerce Committee in that im- knowing that he leaves behind at CBO imous consent that the order for the portant effort. I hope that my efforts a staff that will continue the tradition quorum call be rescinded. to enact civil justice reform legislation he did so much to establish. The PRESIDING OFFICER. Without will complement the products liability objection, it is so ordered. legislation. f f f BUDGET SCOREKEEPING REPORT THE CIVIL JUSTICE SYSTEM TRIBUTE TO C.G. NUCKOLS Mr. DOMENICI. Mr. President, I Mr. HATCH. Mr. President, I intend Mr. HATFIELD. Mr. President, I rise hereby submit to the Senate the budg- to introduce legislation very early in to pay tribute to one of the original et scorekeeping report prepared by the this Congress that will address some of staff members of the Congressional Congressional Budget Office under sec- the most serious deficiencies in our Budget Office, C.G. Nuckols. Mr. tion 308(b) and in aid of section 311 of civil justice system. Litigation today Nuckols has served the Congress at the Congressional Budget Act of 1974, is an extraordinarily expensive mecha- CBO for almost 20 years, most recently as amended. This report meets the re- nism for compensating an injured as Assistant Director for Budget Anal- quirements for Senate scorekeeping of party. The seriously injured victim in ysis. He is retiring today to begin a section 5 of Senate Concurrent Resolu- Utah and in all of our States is often new career in the private sector. not compensated fairly, and frequently C.G. Nuckols began his Federal serv- tion 32, the first concurrent resolution there is an unconscionable delay in ice in 1963 as an operations research on the budget for 1986. one’s recovery. analyst for the Department of the This report shows the effects of con- In other instances, trial lawyers sue Navy. From there he moved to the Of- gressional action on the budget too easily, and often with no con- fice of the Secretary of Defense, where through December 1, 1994. The esti- sequence for their unmeritorious posi- he became Director of the Program mates of budget authority, outlays, tion, knowing that the high cost of de- Cost Analysis Division. In recognition and revenues, which are consistent fending against even an unworthy of his efforts, he was awarded the De- with the technical and economic as- claim will often induce at least a nui- fense Meritorious Civilian Service sumptions of the concurrent resolution sance settlement. Medal. Soon after CBO started oper- on the budget (H. Con. Res. 218), show The uncertainty of an excessive puni- ations in 1975, Alice Rivlin and James that current level spending is below tive damage award by a runaway jury Blum persuaded Mr. Nuckols to leave the budget resolution by $2.3 billion in cripples our business community and the Defense Department to help estab- budget authority and $0.4 billion in diverts resources that could be better lish CBO’s Budget Analysis Division. outlays. Current level is $0.8 billion used for research and employment. Every Member and every committee over the revenue floor in 1995 and below Moreover, the current joint liability of the Congress relies on the work of by $8.2 billion over the 5 years 1995–99. laws make each defendant with any the Budget Analysis Division. We on The current estimate of the deficit for culpability liable for the entire amount the Appropriations Committee expect purposes of calculating the maximum of damages regardless of the degree of our appropriation bills to be scored deficit amount is $238.7 billion, $2.3 bil- their culpability. Thus, for example, a overnight—or sooner. The Budget Com- lion below the maximum deficit defendant who is only 10 percent re- mittee depends on the division for help amount for 1995 of $241 billion. sponsible for a wrong can wind up pay- in preparing the functional totals and This is my first report for the first ing 100 percent of the damages. committee spending allocations for the session of the 104th Congress. Many defendants are unfairly held re- budget resolution. And the authorizing There being no objection, the report sponsible for damages because those committees routinely receive timely was ordered to be printed in the primarily responsible are uninsured or CBO cost estimates for virtually all re- RECORD, as follows: outside of the jurisdiction of the ported bills. U.S. CONGRESS, courts. Junk science has made a mock- Although the Congress now takes all CONGRESSIONAL BUDGET OFFICE, ery out of our system of justice, lead- of these things for granted, it was not Washington, DC, January 4, 1995. ing juries to make unfair decisions in always so. In 1975, CBO was a blank Hon. PETE DOMENICI, some cases. slate. Together with James Blum, C.G. Chairman, Committee on the Budget, In sum, we now have a civil justice Nuckols established the rules, formats, U.S. Senate, Washington, DC. DEAR MR. CHAIRMAN: The attached report system wherein true victims face un- and procedures for preparing budget for fiscal year 1995 shows the effects of Con- reasonable delay in receiving com- projections and bill cost estimates. He gressional action on the 1995 budget and is pensation for wrongs done to them, made sure that work was completed on current through December 1, 1994. The esti- compensation which is often less than time, that analyses were carefully jus- mates of budget authority, outlays and reve- full, in any event. At the same time, tified, and that precedents were scru- nues are consistent with the technical eco- the civil justice system imposes an pulously followed—whether the esti- nomic assumptions of the 1995 Concurrent enormous cost on society as a whole. mate was for a freshman or a powerful Resolution on the Budget (H. Con. Res. 218). The great expense of litigating against chairman. This report is submitted under Section 308(b) and in aid of Section 311 of the Congressional meritless claims, the unfair allocation Yet if there is one item above all for Budget Act, as amended, and meets the re- of liability, the threat of unfair, exces- which we have C.G. Nuckols to thank, quirements of Senate scorekeeping of Sec- sive damage awards, collectively drive it is for the quality of the budget anal- tion 5 of S. Con. Res. 32, the 1986 First Con- up the cost of doing business. This cost ysis staff at CBO. From 1975 to today, current Resolution on the Budget. January 4, 1995 CONGRESSIONAL RECORD — SENATE S 29 This is my first report for the first session THE ON-BUDGET CURRENT LEVEL REPORT FOR THE U.S. Mr. President, we must pray that of the 104th Congress. SENATE, 104TH CONGRESS, 1ST SESSION, SENATE this year will be different, that Federal Sincerely, SUPPORTING DETAIL FOR FISCAL YEAR 1995 AS OF spending will indeed be reduced dras- ROBERT D. REISCHAUER. CLOSE OF BUSINESS DECEMBER 1, 1994—Continued tically. Indeed, if we care about Ameri- THE CURRENT LEVEL REPORT FOR THE U.S. SENATE, FIS- [In millions of dollars] ca’s future, there must be some changes. CAL YEAR 1995, 104TH CONGRESS, 1ST SESSION, AS Budget au- OF CLOSE OF BUSINESS DECEMBER 1, 1994 thority Outlays Revenues You see, Mr. President, as of the close of business yesterday, January 3, [In billions of dollars] Independent Counsel Reau- thorization Act (P.L. 103– the Federal debt stood—down to the Budget Current 270) ...... 2 2 ...... penny—at exactly $4,798,116,945,333.39. resolution Disregard Certain Payments to (H. Con. Current level over/ level2 under res- Nazi Victims for Benefit This means that on a per capita basis, Res. olution Eligibility (P.L. 103–286) ... 1 1 ...... 218)1 Independent Agency Act (P.L. every man, woman, and child in Amer- 103–296) ...... (12) (12) (2) ica owes $18,213.73 as his or her share of On-budget: Aviation Infrastructure Invest- Budget authority ...... $1,238.7 $1,236.5 ¥2.3 ment Act (P.L. 103–305) ... 2,161 ...... the Federal debt. Outlays ...... 1,217.6 1,217.2 ¥0.4 Crime Control Act of 1994 Compare this, Mr. President, to the Revenues: (P.L. 103–322) ...... (20) 1 1995 ...... 977.7 978.5 0.8 Community Development Act total debt about 2 years ago, January 5, 1995–1999 3 ...... 5,415.2 5,407.0 ¥8.2 of 1994 (P.L. 103–325) ..... (25) (25) ...... 1993, when the debt stood at exactly Maximum deficit amount ...... 241.0 238.7 ¥2.3 National Defense Authorization Debt subject to limit ...... 4,965.1 4,686.1 ¥279.0 Act, FY 1995 (P.L. 103– $4,167,872,986,853.67—or averaged out, Off–budget: 337) ...... 42 34 ...... $15,986.56 for every American. During Social Security outlays: Continuation of certain SEC 1995 ...... 287.6 287.5 ¥0.1 fees (P.L. 103–352) ...... 19 19 ...... the past 2 years—that is during the 1995–1999 ...... 1,562.6 1,562.6 *0. Uniformed Services Employ- Social Security revenues: ment and Reemployment 103d Congress—the Federal debt in- 1995 ...... 360.5 360.3 ¥0.2 Rights Act (P.L. 103–353) . (1) (1) ...... creased by a total of $630,243,958,749.72. 1995–1999 ...... 1,998.4 1,998.2 ¥0.2 Federal Crop Insurance Re- form Act (P.L. 103–354) .... 500 (154) ...... This illustrates, Mr. President, the 1 Reflects revised allocation under section 9(g) of H. Con. Res. 64 for the Arizona Wilderness Land Title point that so many politicians talk a Deficit—Neutral reserve fund. Resolution (P.L. 103–365) . 4 4 ...... 2 Current level represents the estimated revenue and direct spending ef- North American Wetlands good game—at home—about bringing fects of all legislation that Congress has enacted or sent to the President Conservation Act Amend- the Federal debt under control, but for his approval. In addition, full-year funding estimates under current law ments (P.L. 103–375) ...... (1) (1) (1) are included for entitlement and mandatory programs requiring annual ap- Social Security Domestic Em- vote in support of bloated spending propriations even if the appropriations have not been made. The current ployment Reform Act of bills when they get back to Washing- level of debt subject to limit reflects the latest U.S. Treasury information on 1994 (P.L. 103–387) ...... (81) public debt transactions. Bankruptcy Reform Act (P.L. ton. If the Republicans do not do a bet- 3 Includes effects, beginning in fiscal year 1996, of the International Anti- 103–394) ...... (61) (61) 6 ter job of getting a handle on this enor- trust Enforcement Act of 1994 (P.L. 103–438). State Department Authoriza- * Less than $50 million. tion Technical Corrections mous debt, their constituents are not Note: Detail may not add due to rounding. (P.L. 103–415) ...... 9 8 ...... California Desert Protection likely to overlook it 2 years hence. Act (P.L. 103–433) ...... 1 1 ...... THE ON-BUDGET CURRENT LEVEL REPORT FOR THE U.S. Yavapai-Prescott Indian Tribe f SENATE, 104TH CONGRESS, 1ST SESSION, SENATE Water Rights Claims Set- tlement Act (P.L. 103–434) (12) (12) ...... SUPPORTING DETAIL FOR FISCAL YEAR 1995 AS OF International Antitrust En- IN HONOR OF RAMON RIVERA, RE- CLOSE OF BUSINESS DECEMBER 1, 1994 forcement Assistance Act TIRING EXECUTIVE DIRECTOR of 1994 (P.L. 103–438) 1 ...... [In millions of dollars] Veterans’ Benefits Improve- OF LA CASA DE DON PEDRO ment Act of 1994 (P.L. Budget au- 103–446) ...... (3) (3) ...... Mr. BRADLEY. Mr. President, on No- thority Outlays Revenues Healthy Meals for Healthy Americans Act (P.L. 103– vember 9, 1994, a very special man, Enacted in previous sessions 448) ...... 11 10 ...... Ramon Rivera, retired as executive di- Uruguay Round Agreements Revenues ...... $977,700 Act (P.L. 103–465) ...... 111 30 843 rector of the community based organi- Permanents and other spending Offsetting receipts ...... (86) (86) ...... zation, La Casa de Don Pedro. After 25 legislation ...... $747,106 $705,958 ...... For the relief of James B. Appropriation legislation ...... 242,066 ...... Stanley (Pvt. L. 103–8) ...... * * ...... years of public service, he was honored Offsetting receipts ...... (203,681) (203,681) ...... for his lifetime commitment to im- Total enacted this ses- Total previously enacted 543,425 744,344 977,700 sion ...... 694,951 469,648 766 proving the lives of individuals and families in some of New Jersey’s poor- Enacted 103d Congress, 2d Entitlements and mandatories session Budget resolution baseline esti- est neighborhoods. Appropriation bills: mates of appropriated entitle- La Casa de Don Pedro was founded by Emergency Supplemental, FY ments and other mandatory 1994 (P.L. 103–211) ...... 18 (832) ...... programs not yet enacted ...... (1,887) 3,189 ...... Ramon Rivera as Familias Unidas in 1994 FHA Supplemental (P.L. 103–275) ...... (2) * ...... Total Current Level 2 ...... 1,236,489 1,217,181 978,466 1971. It functioned as a resource for Agriculture (P.L. 103–330) ..... 67,515 43,218 ...... Total Budget Resolution 1,238,744 1,217,605 977,700 Hispanic families to find adequate Commerce, Justice, State (P.L. 103–317) ...... 26,832 19,052 ...... Amount remaining: child care and employment opportuni- Offsetting receipts ...... (158) (158) ...... Under Budget Resolution ...... 2,255 424 ...... ties in Newark. Through the 1970’s, Defense (P.L. 103–335) ...... 243,628 164,182 ...... Over Budget Resolution ...... 766 District of Columbia (P.L. 1980’s, and 1990’s La Casa blossomed 1 The effects of this Act begin in fiscal year 1996. 103–334) ...... 712 712 ...... 2 into one of the largest community Energy and Water (P.L. 103– In accordance with the Budget Enforcement Act, the total does not in- 316) ...... 20,493 12,083 ...... clude $1,200 million in budget authority and $6,356 million in outlays in based organizations in New Jersey. Its Foreign Assistance (P.L. 103– funding for emergencies that have been designated as such by the Presi- services include child care, assistance 306) ...... 13,679 5,614 ...... dent and the Congress, and $1,027 million in budget authority and $1,041 Offsetting receipts ...... (45) (45) ...... million in outlays for emergencies that would be available only upon an offi- for senior citizens, and job retraining. Interior and Related Agencies cial budget request from the President designating the entire amount re- La Casa’s most notable achievements (P.L. 103–332) ...... 13,198 8,873 ...... quested as an emergency requirement. Labor, HHS, Education (P.L. * Less than $500 thousand. include building low-income two-fam- Notes: Numbers in parentheses are negative. Detail may not add due to 103–333) ...... 213,377 176,469 ...... ily housing units and town houses for Offsetting receipts ...... (38,233) (38,233) ...... rounding. Legislative Branch (P.L. 103– f the residents of Newark. La Casa also 283) ...... 2,367 2,174 ...... developed a credit union that has Military Construction (P.L. 103–307) ...... 8,836 2,181 ...... WAS CONGRESS IRRESPONSIBLE? loaned $2.2 million to residents. If it Transportation (P.L. 103–331) 14,266 12,449 ...... THE VOTERS SAID YES Treasury, Postal Service (P.L. were not for the credit union, many of 103–329) ...... 23,221 20,900 ...... Mr. HELMS. Mr. President, I doubt the community residents would have Offsetting receipts ...... (7,340) (7,340) ...... Veterans, HUD and Independ- that there have been many, if any, can- no place to deposit money, secure ent Agencies (P.L. 103– didates for the Senate who have not small loans, or take advantage of serv- 327) ...... 89,751 48,437 ...... Authorization bills: pledged to do something about the ices we often take for granted. Federal Workforce Restructur- enormous Federal debt run up by the Ramon Rivera, born in Puerto Rico, ing Act (P.L. 103–226) ...... 443 443 ...... Offsetting receipts ...... (269) (269) ...... Congress during the past half-century came to this country at the age of 12. Extend Loan Ineligibility Ex- or more. But the Congress, both House He began his long career in community emption (P.L. 103–235) ..... 5 5 ...... Foreign Relations Authoriza- and Senate, have never even toned service as an organizer for the National tion Act (P.L. 103–236) ..... (4) (4) ...... down, let alone put an end to, the defi- Welfare Rights Organization, assisting Marine Mammal Protection Act Amendments (P.L. cit spending that has sent the Federal Latina and non-Latina women seek 103–238) ...... 3 ...... debt into the stratosphere and beyond. food and clothing. He was then founder S 30 CONGRESSIONAL RECORD — SENATE January 4, 1995 and director of OYE, Inc., a nonprofit pending before the Senate, or the unfinished than two hours so yielded to him and may in educational and cultural program for business, is presented to the Senate, the Pre- turn yield such time to other Senators. Hispanic youth. Before he founded La siding Officer, or clerk at the direction of the ‘‘Notwithstanding any other provision of Casa, he was the northern regional rep- Presiding Officer, shall at once state the mo- this rule, any Senator who has not used or tion to the Senate, and one hour after the yielded at least ten minutes, is, if he seeks resentative for the Puerto Rican Con- Senate meets on the following calendar day recognition, guaranteed up to ten minutes, gress of New Jersey. A graduate of the but one, he shall lay the motion before the inclusive, to speak only. school of social work at Rutgers Uni- Senate and direct that the clerk call the roll, ‘‘After cloture is invoked, the reading of versity, Ramon Rivera has devoted and upon the ascertainment that a quorum any amendment, including House amend- more than 30 years of his career to is present, the Presiding Officer shall, with- ments, shall be dispensed with when the pro- helping low-income families help them- out debate, submit to the Senate by a yea- posed amendment has been identified and selves. and-nay vote the question: ‘‘Is it the sense of has been available in printed form at the Ramon Rivera created an island of the Senate that the debate shall be brought desk of the Members for not less than twen- to a close?’’ And if that question shall be de- hope in a community that lacked ac- ty-four hours. cided in the affirmative by three-fifths of the ‘‘(b)(1) If, upon a vote taken on a motion cess to opportunities and equity. He de- Senators duly chosen and sworn—except on a presented pursuant to subparagraph (a), the veloped a vibrant social service organi- measure or motion to amend the Senate Senate fails to invoke cloture with respect zation that has served almost two gen- rules, in which case the necessary affirma- to a measure, motion, or other matter pend- erations of New Jersey residents. While tive vote shall be two-thirds of the Senators ing before the Senate, or the unfinished busi- his retirement will be a great loss for present and voting—then said measure, mo- ness, subsequent motions to bring debate to those who have worked with him and tion, or other matter pending before the Sen- a close may be made with respect to the for those he has served, he has left an ate, or the unfinished business, shall be the same measure, motion, matter, or unfinished unfinished business to the exclusion of all business. It shall not be in order to file sub- exemplary legacy of philanthropic ef- other business until disposed of. fort and commitment. sequent cloture motions on any measure, ‘‘Thereafter no Senator shall be entitled to motion, or other matter pending before the f speak in all more than one hour on the meas- Senate, except by unanimous consent, until ure, motion, or other matter pending before CONCLUSION OF MORNING the previous motion has been disposed of. the Senate, or the unfinished business, the ‘‘(2) Such subsequent motions shall be BUSINESS amendments thereto, and motions affecting made in the manner provided by, and subject Mr. LOTT. Mr. President, I believe, the same, and it shall be the duty of the Pre- to the provisions of, subparagraph (a), except siding Officer to keep the time of each Sen- that the affirmative vote required to bring after consultation with both sides of ator who speaks. Except by unanimous con- the aisle, we are prepared now to yield to a close debate upon that measure, motion, sent, no amendment shall be proposed after or other matter, or unfinished business back the remainder of our time of the the vote to bring the debate to a close, un- 1 hour and 20 minutes we had. (other than a measure or motion to amend less it had been submitted in writing to the Senate rules) shall be reduced by three votes Journal Clerk by 1 o’clock p.m. on the day The PRESIDING OFFICER. The Sen- on the second such motion, and by three ad- following the filing of the cloture motion if ator has that right and morning busi- ditional votes on each succeeding motion, an amendment in the first degree, and unless ness is concluded. until the affirmative vote is reduced to a it had been so submitted at least one hour number equal to or less than an affirmative f prior to the beginning of the cloture vote if vote of a majority of the Senators duly cho- an amendment in the second degree. No dila- AMENDING PARAGRAPH 2 OF sen and sworn. The required vote shall then tory motion, or dilatory amendment, or RULE XXV be an affirmative vote of a majority of the amendment not germane shall be in order. Senators duly chosen and sworn. The re- The PRESIDING OFFICER. The Points of order, including questions of rel- quirement of an affirmative vote of a major- evancy, and appeals from the decision of the clerk will now report the pending busi- ity of the Senators duly chosen and sworn Presiding Officer, shall be decided without ness. shall not be further reduced upon any vote The legislative clerk read as follows: debate. ‘‘After no more than thirty hours of con- taken on any later motion made pursuant to A resolution (S. Res. 14) amending para- sideration of the measure, motion, or other this subparagraph with respect to that meas- graph 2 of Rule XXV. matter on which cloture has been invoked, ure, motion, matter, or unfinished business.’’ The Senate continued with the con- the Senate shall proceed, without any fur- Mr. HARKIN. Mr. President, for the sideration of the resolution. ther debate on any question, to vote on the benefit of the Senators who are here AMENDMENT NO. 1 final disposition thereof to the exclusion of and watching on the monitors, we now all amendments not then actually pending (Purpose: To amend the Standing Rules of have before us an amendment by my- before the Senate at that time and to the ex- the Senate to permit cloture to be invoked self, Senator LIEBERMAN, Senator clusion of all motions, except a motion to by a decreasing majority vote of Senators table, or to reconsider and one quorum call PELL, and Senator ROBB that would down to a majority of all Senators duly on demand to establish the presence of a amend rule XXII, the so-called fili- chosen and sworn) quorum (and motions required to establish a buster rule of the U.S. Senate. This is Mr. HARKIN. Mr. President, I send quorum) immediately before the final vote an amendment that was agreed upon— an amendment to the desk and ask for begins. The thirty hours may be increased by at least the procedure was agreed upon its immediate consideration. the adoption of a motion, decided without for this amendment—between Senator The PRESIDING OFFICER. The debate, by a three-fifths affirmative vote of DOLE and myself earlier today under a clerk will report. the Senators duly chosen and sworn, and any unanimous consent agreement. The legislative clerk read as follows: such time thus agreed upon shall be equally divided between and controlled by the Major- This amendment would change the The Senator from Iowa [Mr. HARKIN] for ity and Minority Leaders or their designees. way this Senate operates more fun- himself, Mr. LIEBERMAN, Mr. PELL, and Mr. However, only one motion to extend time, damentally than anything that has ROBB, proposes an amendment numbered 1. specified above, may be made in any one cal- been proposed thus far this year. It Mr. HARKIN. Mr. President, I ask endar day. would fundamentally change the way unanimous consent that reading of the ‘‘If, for any reason, a measure or matter is we do business by changing the fili- amendment be dispensed with. reprinted after cloture has been invoked, buster rule as it currently stands. The PRESIDING OFFICER. Without amendments which were in order prior to the Mr. President, the last Congress objection, it is so ordered. reprinting of the measure or matter will con- tinue to be in order and may be conformed showed us the destructive impact fili- The amendment is as follows: and reprinted at the request of the amend- busters can have on the legislative At the appropriate place, insert the follow- ment’s sponsor. The conforming changes process, provoking gridlock after ing: must be limited to lineation and pagination. gridlock, frustration, anger, and de- SEC. ll. SENATE CLOTURE PROVISION. ‘‘No Senator shall call up more than two spondency among the American people, Paragraph 2 of rule XXII of the Standing amendments until every other Senator shall wondering whether we can get any- Rules of the Senate is amended to read as have had the opportunity to do likewise. thing done at all here in Washington. follows: ‘‘Notwithstanding other provisions of this The pattern of filibusters and delays ‘‘2. (a) Notwithstanding the provisions of rule, a Senator may yield all or part of his rule II or rule IV or any other rule of the one hour to the majority or minority floor that we saw in the last Congress is part Senate, at any time a motion signed by six- managers of the measure, motion, or matter of the rising tide of filibusters that teen Senators, to bring to a close the debate or to the Majority or Minority Leader, but have overwhelmed our legislative proc- upon any measure, motion, other matter each Senator specified shall not have more ess. January 4, 1995 CONGRESSIONAL RECORD — SENATE S 31 While some may gloat and glory in Senator needs to do is filibuster a nom- erate a little more, and that is why the the frustration and anger that the ination. Then the majority leader or Senate was set up. American people felt toward our insti- the minority leader has to come to the But George Washington did not com- tution which resulted in the tidal wave Senator and say, ‘‘Would you release pare the Senate to throwing the coffee of dissatisfaction that struck the ma- your hold on that, give up your fili- pot out the window. It is just to cool it jority in Congress, I believe in the long buster on that?’’ down, and slow it down. run that it will harm the Senate and ‘‘OK,’’ the Senator will reply. ‘‘What I think that is what the Founding our Nation for this pattern to con- do you want in return?’’ Fathers envisioned, and I think that is tinue. As this chart shows, Mr. Presi- Then the deals are struck. what the American people expect. That dent, there has indeed been a rising It is used, Mr. President, as black- is what we ought to and should provide. tide in the use of the filibuster. In the mail for one Senator to get his or her The Senate should carefully consider last two Congresses, in 1987 to 1990, and way on something that they could not legislation, whether it originates here, 1991 to 1994, there have been twice as rightfully win through the normal or whether it streams in like water many filibusters per year as there were processes. I am not accusing any one from a fire hose from the House of Rep- the last time the Republicans con- party of this. It happens on both sides resentatives, we must provide ample trolled the Senate, from 1981 to 1986, of the aisle. time for Members to speak on issues. and 10 times as many as occurred be- Mr. President, I believe each Senator We should not move to the limited de- tween 1917 and 1960. Between 1917 and needs to give up a little of our pride, a bate that characterizes the House of 1960, there were an average of 1.3 per little of our prerogatives, and a little Representatives. I am not suggesting session. However, in the last Congress, of our power for the good of this Senate that we do that. But in the end, the there were 10 times that many. This is and for the good of this country. Let people of our country are entitled to not healthy for our legislative process me repeat that: Each Senator, I be- know where we stand and how we vote and it is not healthy for our country. lieve, has to give up a little of our on the merits of a bill or an amend- The second chart I have here com- pride, a little of our prerogatives, and a ment. pares filibusters in the entire 19th cen- little of our power for the better func- Some argue that any supermajority tury and in the last Congress. We had tioning of this body and for the good of requirement is unconstitutional, other twice as many filibusters in the 103d our country. than those specified in the Constitu- Congress as we had in the entire 100 tion itself. I find much in this theory I think the voters of this country years of the 19th century. to agree with—and I think we should were turned off by the constant bicker- Clearly, this is a process that is out treat all the rules that would limit the ing, the arguing back and forth that of control. We need to change the rules. ability of a majority to rule with skep- goes on in this Senate Chamber, the We need to change the rules, however, ticism. I think that this theory is one gridlock that ensued here, and the without harming the longstanding Sen- that we ought to examine more fully, pointing of fingers of blame. ate tradition of extended debate and and that is the idea that the Constitu- Sometimes, in the fog of debate, like deliberation, and slowing things down. tion of the United States sets up cer- the fog of war, it is hard to determine The third chart I have here shows the tain specified instances in which a who is responsible for slowing some- issues that were subject to filibusters supermajority is needed to pass the thing down. It is like the shifting sand. in the last Congress. Some of these bill, and in all other cases it is silent. were merely delayed by filibusters. People hide behind the filibuster. I In fact, the Constitution provides that Others were killed outright, despite think it is time to let the voters know the President of the Senate, the Vice having the majority of both bodies and that we heard their message in the last President of the United States, can the President in favor of them. That is election. They did not send us here to only vote to break a tie vote—by impli- right. Some of these measures had a bicker and to argue, to point fingers. cation, meaning that the Senate should majority of support in the Senate and They want us to get things done to ad- pass legislation by a majority vote, ex- in the House, and by the President. dress the concerns facing this country. cept in those instances in which the Yet, they never saw the light of day. They want us to reform this place. Constitution specifically says that we Others simply were perfunctory house- They want this place to operate a little need a supermajority. keeping types of issues. better, a little more openly, and a lit- The distinguished constitutional ex- For example, one might understand tle more decisively. pert, Lloyd Cutler, a distinguished law- why someone would filibuster the Mr. President, I believe this Senate yer, has been a leading proponent of Brady Handgun Act. There were people should embrace the vision of this body this view. I have not made up my mind that felt very strongly opposed to that. that our Founding Fathers had. There on this theory, but I do believe it is I can understand that being slowed is a story—I am not certain whether it something we ought to further exam- down, and having extended debate on is true or not, but it is a nice story— ine. I find a lot that I agree with in it. Can you say that about the J. Larry that Thomas Jefferson returned from that theory. Lawrence nomination? I happen to be a France, where he had learned that the But what we are getting at here is a personal friend of Mr. Lawrence. He is Constitutional Convention had set up a different procedure and process, where- now our Ambassador to Switzerland, separate body called the U.S. Senate, by we can have the Senate as the an important post. He was nominated with its Members appointed by the leg- Founding Fathers envisioned—a place to be Ambassador there, and he came islatures and not subject to a popular to cool down, slow down, deliberate and through the committee fine. Yet, his vote. Jefferson was quite upset about discuss, but not as a place where a nomination was the subject of a fili- this. He asked George Washington why handful—yes, maybe even one Sen- buster. Or there was the Edward P. this was done. Evidently, they were sit- ator—can totally stop legislation or a Berry, Jr., nomination. There was the ting at a breakfast table. Washington nomination. Claude Bolton nomination. You get my said to him, ‘‘Well, why did you pour Over the last couple of years, I have point. your coffee in the saucer?’’ And Jeffer- spent a great deal of time reading the We had nominations that were fili- son replied, ‘‘Why, to cool it, of history of this cloture process. Two bustered. This was almost unheard of course.’’ Washington replied, ‘‘Just so: years ago, about this time, I first pro- in our past. We filibustered the nomi- We created the Senate to cool down the posed this to my fellow Democratic nation of a person that actually came legislation that may come from the colleagues at a retreat we had in Wil- through the committee process and House.’’ liamsburg, VA. In May of that year, I was approved by the committee, and it I think General Washington was very proposed this to the Joint Committee was filibustered here on the Senate wise. I think our Founding Fathers on Congressional Reform. Some people floor. were very wise to create this body. said to me at that time: Senator HAR- Actually, Senators use these nomina- They had seen what had happened in KIN, of course you are proposing it, you tions as a lever for power. If one Sen- Europe—violent changes, rapid are in the majority, you want to get ator has an issue where he or she wants changes, mob rule—so they wanted the rid of the filibuster. Well, now I am in something done, it is very easy. All a process to slow things down, to delib- the minority and I am still proposing it S 32 CONGRESSIONAL RECORD — SENATE January 4, 1995 because I think it is the right thing to procedural matters. It closed that loop- Mr. President, in the 19th century, as do. hole but did not apply to rules changes. I mentioned before, filibusters were Let me take some time to discuss the It also raised the needed vote from used to delay action on a measure until history of cloture and the limitations two-thirds present and voting to two- the automatic expiration of the ses- on debate in the Senate. Prior to 1917 thirds of the whole Senate, which at sion. there was no mechanism to shut off de- that time meant 64 votes. That rule ex- Senators would then leave to go back bate in the Senate. There was an early isted for 10 years. to their States, or Congressmen back version in 1789 of what was called the In 1959, Lyndon Johnson pushed to their districts, and tell people about ‘‘previous question.’’ It was used more through a rules change to change the the legislation the majority was trying like a tabling motion than as a method needed vote back to two-thirds of those to ram through. They could get the to close debate. present and voting, and which also ap- public aroused about it, to put pressure In the 19th century, Mr. President, plied cloture to rules changes. on Senators not to support that meas- elections were held in November and There were many attempts after that ure or legislation. Congress met in December. This Con- to change the filibuster. In 1975, after Keep in mind that in those days, gress was always a lame duck session, several years of debate here in the Sen- there was no television, there was no which ended in March of the next year. ate, the current rule was adopted, as a radio, and scant few newspapers. Many The newly elected members did not compromise proposed by Senator BYRD people could not read or write and the take office until the following Decem- of West Virginia. The present cloture best means of communication was ber, almost 13 months later. During the rule allows cloture to be invoked by when a Senator went out and spoke di- entire 19th century, there were filibus- three-fifths of Senators chosen and rectly with his constituents. So it was ters. But most of these were aimed at sworn, or 60 votes, except in the case of necessary to have several months delaying congressional action at the rules changes, which still require two- where a Senator could alert the public end of the short session that ended thirds of those present and voting. as to what the majority was trying to March 4. A filibuster during the 19th This change in the rule reducing the do, to protect the rights and interests century was used at the end of a ses- proportion of votes needed for cloture of the minority. sion when the majority would try to for the first time since 1917, and was That is not the case today. Every ram something through at the end, the culmination of many years of ef- word we say here is instantaneously over the objections of the minority. forts by reformers’ numerous proposals beamed out on C–SPAN, watched all Extended debate was used to extend de- between 1959 and 1975. over the United States, and picked up bate to March 4, when under the law at Two of the proposals that were made on news broadcasts. We have the print that time, it automatically died. in those intervening years I found par- media sitting up in the gallery. So the If the majority tried to ram some- ticularly interesting. One was by Sen- public is well aware and well informed thing through in the closing hours, the ator Hubert Humphrey in 1963, which of what is happening here in the Senate minority would discuss it and hold it provided for majority cloture in two on a daily basis. We do have a need to up until March 4, and that was the end stages. The other proposal I found in- slow the process down, but we do not of it. That process was changed. Rather teresting was one by Senator DOLE in need the several months that was need- than going into an automatic lame- 1971 that moved from the then current ed in the 19th century. duck session in December, we now con- two-thirds present and voting down to So as a Member of the new minority vene a new Congress in January with three-fifths present and voting, reduc- here in the Senate, I come to this issue the new Members. I think this is illus- ing the number of votes by one with as a clear matter of good public policy. trative that the filibuster used in the each successive cloture vote. I am pleased to say that it is a change 19th century was entirely different in We drew upon Senator DOLE’s pro- that enjoys overwhelming support concept and in form than what we now posal in developing our own proposal. among the American people. experience here in the U.S. Senate. Our proposal would reduce the number A recent poll conducted by Action So those who argue that the fili- of votes needed to invoke cloture Not Gridlock—and I will have more to buster in the U.S. Senate today is a gradually, allowing time for debate, al- say about them in a second—found that time-honored tradition of the U.S. Sen- lowing us to slow things down, but ulti- 80 percent of Independents, 84 percent ate going clear back to 1789 are mis- mately allowing the Senate to get to of Democrats, and 79 percent of Repub- taken, because the use of the filibuster the merits of a vote. licans believe that once all Senators in the 19th century was entirely dif- Under our proposal, the amendment have been able to express their views, ferent than what it is being used for now before the Senate, Senators still the Senate should be permitted to vote today, and it was used in a different set have to get 16 signatures to offer a clo- for or against a bill. of laws and circumstances under which ture motion. The motion would still As I mentioned, Mr. President, this Congress met. have to lay over 2 days. The first vote poll was commissioned by a group So that brings us up to the 20th cen- to invoke cloture would require 60 called Action Not Gridlock, a broad tury. In 1917, the first cloture rule was votes. If that vote did not succeed, array of distinguished Democratic and introduced in response to a filibuster, they could file another cloture motion Republican leaders around the country again, at the end of a session that trig- needing 16 signatures. They would have formed to change the filibuster rule. gered a special session. This cloture to wait at least 2 further days. On the These leaders include former Repub- rule provided for two-thirds of Mem- next vote, they would need 57 votes to lican Senators Mac Mathias, Barry bers present and voting to cut off de- invoke cloture. If you did not get that, Goldwater, and Bob Stafford, as well as bate. It was the first time since the well, you would have to get 16 signa- former Iowa Governor Bob Ray and first Congress met that the Senate tures, file another cloture motion, wait former Secretary of HHS Arthur adopted a cloture rule in 1917. However, another couple days, and then you Flemming, all Republicans, as well as this cloture rule was found to be inef- would have to have 54 votes. Finally, Democrats former Senator Bill Prox- fective and was rarely used. Why? Be- the same procedure could be repeated, mire, former Senator Terry Sanford, cause rulings of the chair said that the and move to a cloture vote of 51. Fi- and Ray Marshall. Action Not Gridlock cloture rule did not apply to procedural nally, a simple majority vote could has also formed a number of chapters matters. So, if someone wanted to en- close debate, to get to the merits of the around the country working to end the gage in a filibuster, they could simply issue. gridlock in Washington. bring up a procedural matter and fili- By allowing this slow ratchet down, In my own State of Iowa, there is a buster that, and the two-thirds vote the minority would have the oppor- truly impressive bipartisan group did not even apply to that. For a num- tunity to debate, focus public attention working on this issue. It includes Mi- ber of years, from 1917 until 1949, we on a bill, and communicate their case chael Reagan, president of the Des had that situation. to the public. In the end, though, the Moines Chamber of Commerce; Repub- In 1949 an attempt was made to make majority could bring the measure to a lican majority leader of the Iowa the cloture motion more effective. The final vote, as it generally should in a House, Brent Siegrest; Abbi Swanson, 1949 rule applied the cloture rule to democracy. president of the League of Women Vot- January 4, 1995 CONGRESSIONAL RECORD — SENATE S 33 ers of Iowa; and former Democratic The modern filibuster gives the minority [From USA Today, Nov. 25, 1994] Congressman Berkeley Bedell. an absolute veto. It is, quite simply, un- democratic. REIN IN THE POWER TO SHUT DOWN THE So, again, as you see, Mr. President, SENATE Action Not Gridlock has a broad array Defenders of the filibuster have argued that it is useful in preventing precipitous ac- In 1908, Sen. Robert M. La Follette Sr. of of Republicans, Democrats, and Inde- tion. Harkin’s proposal addresses that argu- Wisconsin was in the middle of a filibuster pendents. ment by allowing filibusters to delay action, when he discovered the eggnog he was drink- Well, slaying the filibuster dino- but not stop it completely. Under his plan, ing for energy had been poisoned. La Follette saur—and that is what I call it, a dino- the number of votes required to end a fili- survived. So did the filibuster. saur, a relic of the ancient past—slay- buster would gradually decline over a period Indeed, the filibuster today is more poison- ing the filibuster dinosaur has also of weeks until, eventually, only 51 votes ous than La Follette ever could have imag- been endorsed by papers around the would be needed. ined. Instead of providing a dramatic final A truer reform would be to abolish the un- country, including the New York forum for individuals against a stampeding democratic anachronism outright. Harkin’s majority, it has become a pedestrian tool of Times, which just editorialized on this proposal is quite modest. There should be no partisans and gridlock-meisters. last Sunday; the USA Today; the Wash- reasonable objection to it. Since 1990, the Senate has averaged at ington Post; the Fort Worth Star-Tele- least 15 filibusters a year, more than in all gram; in my own State, the Des Moines [From the Fort Worth Star-Telegram, June the 140 years before. In 1994 alone, filibusters Register, the Cedar Gazette, the Quad- 30, 1994] were used to weaken or kill legislation rang- City Times, and the Council Bluffs If you started out to formulate the rules ing from lobbying and campaign finance re- Non-Pareil. for a legislative body in a new democracy, form to clean water. Mr. President, I ask unanimous con- the last example you would follow would be You need not be a bow-tied parliamentar- sent that those editorials that I just that of the U.S. Senate. ian to see the problem. The filibuster allows Things have gotten so bad in the Senate single lawmakers to derail the Senate’s ma- mentioned be printed at this point in that there is a growing movement to change jority—easily, arbitrarily. If the Senate is to the RECORD. the rules about unlimited debate—the fili- honor its deliberative tradition, it must re- There being no objection, the mate- busters that prevent action on legislation. strain the filibuster. rial was ordered to be printed in the If extended debate were really used to ex- The modern filibuster vexes Congress two RECORD, as follows: amine issues and change senators’ minds by ways. First, opponents must find 60 votes to force of powerful reason, there would be a break it. That’s called cloture, and it’s al- DOWN WITH THE FILIBUSTER case for keeping the present rules. But in most impossible to achieve. In 1987, only one One of the mandates voters gave to Repub- truth, the Senate’s rules are being used to of 15 votes succeeded—on a proposal for a licans on Nov. 8 was to reform the way Con- thwart the principle of majority rule and to $12,000 congressional pay raise. gress operates. There’s no better place to further individual or partisan political inter- Second, the mere threat of a filibuster is begin than with the Senate filibuster. ests to the detriment of the legislative proc- enough to sidetrack a bill. Instead of requir- The filibuster allows a minority to block ess. ing filibusters to take the floor, Senate lead- passage of any bill unless a supermajority of To be sure, changing the cloture rule ers just move on to the next issue. 60 votes in the 100-member Senate can be (which requires 60 votes to end debate and The 60-vote requirement means, in effect, mustered to overcome it. Republicans used means that a 41-senator minority can effec- that all legislation must have a the filibuster liberally in the last few years tively shut down the Senate) would not be a supermajority to pass. Yet the Constitution to tie the majority Democrats in knots. cure-all. Republicans this year have per- requires supermajorities in only five areas: Next year, with Republicans in the major- fected the tactic of offering endless amend- treaty ratification, presidential veto over- ity, Democrats will be in a position to return ments to unrelated bills as a means of delay- rides, impeachment votes, constitutional the favor. Nevertheless, Iowa Democratic ing legislative progress. But tempering the amendments, and to expel a member of Con- Senator Tom Harkin is right in saying that effect of the filibuster would help. gress. The framers, who never foresaw the the Democrats should resist the temptation The fate of the western grazing lands fee filibuster’s abuse, considered supermajorities to ‘‘do unto the Republicans what they did change was an example of the filibuster at for other matters and rejected them. unto us.’’ work. In the Congress as a whole, 373 votes They protected against tyrannical majori- Instead, Harkin is urging that the fili- out of 535 (70 percent) were in favor, but the ties in other ways: by dividing government buster be tempered. Reform-minded mem- majority lost because 44 senators prevented power among three branches, by splitting bers of both parties should join Harkin’s ef- cloture. Congress into two parts, by guaranteeing fort. There may have been some justification This week, a 13-year effort to change prod- basic rights in the Constitution. for the filibuster in its quaint original form, uct liability laws failed because of a fili- Those are ample safeguards. The filibuster, but the modern version of the filibuster has buster, just as it had in 1986 and 1992. The 41 on the other hand, lets a lone lawmaker im- become nothing more than a cost-free device senators voting against cloture included pose his will, not just amplify his voice. that lets a willful minority thwart the will archconservatives (Alan Simpson, R-Wyo., Solutions? Several. of the majority, or hold legislation hostage Thad Cochran, R-Miss., and Strom Thur- First, make a filibusterer put his body to extort concessions. mond, R-S.C.) and archliberals (Paul where his mouth is. Sen. Strom Thurmond The filibuster evolved from the Senate’s Wellstone, D-Minn., Harris Wofford, D-Pa., prepared for his record-setting 24-hour, 18- tradition of unlimited debate. To carry out a and Ben Nighthorse Campbell, D-Colo.) and minute speech against the 1957 Civil Rights filibuster, opponents of a bill had to try, lit- some in between (such as Bill Bradley, D- Act by visiting a steam room, hoping to di- erally, to talk it to death. Those engaged in N.J., and John Breaux, D-La.). It was a good minish the call of nature once on the floor. a filibuster had to be prepared to keep talk- bill, one that would mean more jobs without Sen. Estes Kefauver strapped on a motor- ing around the clock. It required determina- sacrificing legitimate consumer interests. man’s friend for his 1950 filibuster. The de- tion and stamina, and the filibustering sen- Much of the opposition came from trial law- vice was misaligned, though, and only a ators risked arousing the public’s anger at yers. In the end, 57 senators voted for it. timely quorum call prevented him from their obstructionism. As a result, filibusters Forty-one opponents were enough to kill it. making the wrong kind of splash. were rare. Is that democracy? The point is that old-time filibusterers had In recent years, the Senate adopted rules The Senate has reached the point where to have the courage of their convictions. The intended to curb filibusters. They ended up the mere threat of a filibuster can bring the rigors of floor debate were not undertaken having precisely the opposite effect. Filibus- body’s work to a screeching halt. lightly. ters became an everyday tactic. By one Sen. Tom Harkin, D-Iowa, has suggested a Such was the case even when filibusterers count, there were twice as many filibusters four-vote process that would break this im- formed talking tag teams. In 1960, 18 South- in the last two years of Congress than during passes. On the first cloture vote, 60 votes ern lawmakers formed two-man partnerships the entire 19th century. would be needed to end debate, as now. On to hold the floor against civil rights legisla- The new rules established a ‘‘two-track’’ the next vote, 57 would be required; on the tion. After 157 hours—the Senate’s longest procedure that allows the Senate to continue third, 54, and on the fourth, only a 51-vote continuous session—they prevailed. That with other business while a filibuster is majority. This would preserve Senate tradi- was not a proud moment in national law- under way. All action does not grind to a tion and give the minority plenty of time to making, but at least the racists were ac- halt, as it did previously. plead its case, without allowing a majority countable, something today’s fiddle-footed The two-track rule made filibusters much to be forever thwarted. Sounds good to us. rules make unnecessary. easier to use. Stamina is no longer required. Now into the fray comes Action, Not More recently, the government this year Now, all the minority need do is declare its Gridlock!, an anti-filibuster group dedicated had to sell billions of dollars’ worth of Amer- intention to filibuster, and the Senate to changing the Senate rules. It is led by a ican gold to a Canadian firm for just $10,000 switches to other businesses. In most cases, bipartisan group of former senators, rep- because filibusterers prevented reform of an the mere threat of a filibuster does the trick. resentatives and other government officials. 1872 mining law. The bill is sidetracked until the majority What they share is believe in majority rule. Sen. Tom Harkin this week has revived an- finds 60 votes. We wish them godspeed. other idea: Gradually lower the number of S 34 CONGRESSIONAL RECORD — SENATE January 4, 1995 votes needed for cloture. The first vote be applied to a measure along its legislative House, even if that might sometimes incon- would still require 60 ‘‘ayes.’’ But subsequent journey. venience his party. Similarly in the Senate, votes would require 57, then 54, then 51. This One example is the procedure for sending a we hope both parties can find a more reason- could preserve both the dramatic effect of a measure to a conference committee with the able accommodation between minority filibuster and majority rule. House. Under current rules, unless the Sen- rights and majority rule. Going to the brink The filibuster is a supervirus in the Sen- ate consents unanimously to send a measure every time, on every issue, is not the way a ate. It causes massive hemorrhaging of ma- to conference, three separate motions can be democracy is supposed to work. jority rule and the orderly process of legis- required to move it along. This gives one lating. If Senate leaders don’t cure them- senator the power to hold up a measure al- selves soon, they might as well ask La most indefinitely. Mr. Mitchell would like to HARKIN EARNS BOUQUET, BRICKBAT Follett’s ghost to, please, pass the eggnog. reduce the number of motions to one. We have a bouquet and a brickbat for He would also like to limit the debate on a Iowa’s Democratic Sen. Tom Harkin. [From the New York Times, Jan. 1, 1995] motion to two hours and count the time The bouquet is for advocating limits on the TIME TO RETIRE THE FILIBUSTER consumed by quorum calls against the de- filibuster, a technique used by the minority The U.S. Senate likes to call itself the bate time of a senator, thus encouraging sen- party in the U.S. Senate to thwart the will of world’s greatest deliberative body. The ators to save their time for debating the sub- the majority. stance of a measure rather than in obstruc- greatest obstructive body is more like it. In The brickbat is for his lukewarm support tion. All of his suggestions seem reasonable, the last season of Congress, the Republican for the General Agreement on Tariffs and but his reforms would leave the filibuster es- minority invoked an endless string of filibus- Trade. sentially intact. ters to frustrate the will of the majority. Harkin is calling for revision of the fili- The Harkin plan, along with some of Mr. This relentless abuse of a time-honored Sen- buster rules that would provide a means for ate tradition so disgusted Senator Tom Har- Mitchell’s proposals, would go a long way to- ward making the Senate a more productive the minority to slow down legislation and kin, a Democrat from Iowa, that he is now allow fuller debate, but at the same time it willing to forgo easy retribution and dras- place to conduct the nation’s business. Re- publicans surely dread the kind of obstruc- places limits on the delaying tactic. tically limit the filibuster. Hooray for him. Under Harkin’s plan, 60 votes would be nec- For years Senate filibusters—when they tionism they themselves practiced during the last Congress. Now is the perfect mo- essary in the first attempt to halt a fili- weren’t conjuring up romantic images of buster debate. Jimmy Stewart as Mr. Smith, passing out ment for them to unite with like-minded The second attempt would require only 57 from exhaustion on the Senate floor—con- Democrats to get rid of an archaic rule that votes. The number would continue to drop on sisted mainly of negative feats of endurance. frustrates democracy and serves no useful each successive vote until only a simple ma- Senator Sam Ervin once spoke for 22 hours purpose. jority was needed. straight. Outrage over these tactics and Currently, a single senator can tie up legis- their ability to bring Senate business to a [From the Washington Post, Nov. 23, 1994] halt led to the current so-called two-track THE GORED OXEN lation endlessly, which Harkin says adds to system, whereby a senator can hold up one One of the most comical aspects of politics the deadlock. piece of legislation while other business goes concerns how high principles about proce- Harkin’s plan would limit the delay to a on as usual. dural fairness can evaporate when cir- maximum of about three weeks. The two-track system has been nearly as cumstances change. There could be much As American politics becomes more con- obstructive as the old rules. Under those such comedy in the new Congress as Demo- tentious, the filibuster is being used increas- rules, if the Senate could not muster the 60 crats and Republicans change roles. ingly. But Harkin says there is less need for votes necessary to end debate and bring a In the House, Newt Gingrich’s Republicans it. bill to a vote, someone had to be willing to have assembled a series of reform measures In the last century when communication continue the debate, in person, on the floor. that grew from their experience as frustrated was slower, senators felt the need to stall for That is no longer required. Even if the 60 members of what seemed a permanent oppo- long periods to allow their objections to votes are not achieved, debate stops and the sition. They rightly criticized Democratic reach constituents. Senate proceeds with other business. The House leaders for closing off Republican In these days of almost instant commu- measure is simply put on hold until the next amendments to important bills. Now Mr. nication, voters and others can be alerted to cloture vote. In this way a bill can be sty- Gingrich pledges to change that, even problems in a matter of hours. mied at any number of points along its legis- though doing so would let the now-minority We believe the senator is on track and lative journey. Democrats challenge the most unpopular of should pursue his efforts. Continuing the One unpleasant and unforeseen con- the Republican majority’s proposals. Repub- current processes is simply obstructionism, sequence has been to make the filibuster licans have also long been in favor of the whether by Republicans or Democrats. easy to invoke and painless to pursue. Once line-item veto, which would let the president We are less enthusiastic about the sen- a rarely used tactic reserved for issues on excise particular parts of spending bills he ator’s doubts concerning GATT. which senators held passionate convictions, found offensive. Republicans liked this when Unfortunately, these seem to be based on the filibuster has become the tool of the sore the Democrats in Congress were responsible some vague concerns about ill-defined politi- loser, dooming any measure that cannot for writing the spending bills, since they pre- cal horse trading that may be under way by command the 60 required votes. sumed that Republican presidents would cut supporters to ensure passage of the measure Mr. Harkin, along with Senator Joseph out what Republicans saw as ‘‘pork.’’ Now through the Senate. Lieberman, a Connecticut Democrat, now the line-item veto would empower a Demo- Passage in the House seems a surer bet proposes to make such obstruction harder. cratic president facing a Republican Con- with the strong support voiced by Speaker- Mr. Harkin says reasonably that there must gress. designate Newt Gingrich. Gingrich seems to come a point in the process where the major- In the Senate, the problem is different. understand the obvious advantages for the ity rules. This may not sit well with some of Senate rules permit essentially unlimited U.S. economy and the need for a workable his Democratic colleagues. They are now debate. It takes 60 votes to shut the talking free trade mechanism. perfectly positioned to exact revenge by down. That means 41 senators can block a We get the feeling that Harkin may not be frustrating the Republican agenda as effi- bill and frustrate the will of even an over- sure which direction the political winds are ciently as Republicans frustrated Democrats whelming majority. In the last Congress, the blowing in Iowa, and wants more time to de- in 1994. Democrats were critical of Republican abuse termine the level of support for GATT. Admirably, Mr. Harkin says he does not of the filibuster. But now the procedural He admits that he will likely face stiff want to do that. He proposes to change the shoe is on the other foot. It’s the Democratic competition for his Senate seat in two years. rules so that if a vote for cloture fails to at- minority that is likely to want to block Given the Republican landslide in Iowa, po- tract the necessary 60 votes, the number of many Republican measures. Will Democrats litical caution may become increasingly im- votes needed to close off debate would be re- keep saying the filibuster is a bad thing? To portant for Harkin. duced by three in each subsequent vote. By his credit, one Democrat, Sen. Tom Harkin However, we do not believe this is a Repub- the time the measure came to a fourth of Iowa, has done so. He proposes that the lican vs. Democrat issue. Passage of GATT is vote—with votes occurring no more fre- two parties agree to new rules. Mr. Harkin needed to make sure the United States is a quently than every second day—cloture would still let the minority slow down con- major player in the world. could be invoked with only a simple major- sideration of controversial measures, but he The death of GATT, which a delay very se- ity. Under the Harkin plan, minority mem- doesn’t think the minority should ulti- riously threatens, could throw orderly world bers who feel passionately about a given mately frustrate the majority’s will. trade into chaos and possibly lead to the measure could still hold it up, but not indefi- It is not even necessary to get to the ques- emergence of regional trading blocks with nitely. tion of whether the filibuster rule itself barriers against U.S. products. Another set of reforms, more incremental should be eliminated to believe that there The impact on the future of the U.S. econ- but also useful, is proposed by George Mitch- has been too much abuse of the filibuster in omy could be disastrous and possibly irre- ell, who is retiring as the Democratic major- the Senate. The same can be said of the versible. ity leader. He wants to eat away at some of closed rule in the House. We hope Mr. Ging- The argument that senators have not had the more annoying kinds of brakes that can rich sticks to his promise of opening up the time to study the GATT document is not January 4, 1995 CONGRESSIONAL RECORD — SENATE S 35 compelling. The agreement has been ham- Conceding that the process can be abused, in the Senate. It causes massive hem- mered out by representatives of 123 nations however, perhaps the Harkin-Lieberman ap- orrhaging of majority rule and the or- over the past eight years. proach deserves a thorough hearing. Filibus- derly process of legislation. If Senate For a document of such magnitude and im- tering is not a constitutional right. It exists portance for open world trade, we wonder only at the pleasure of Congress. Any sub- leaders do not curb themselves soon, why more attention has not been paid by stitute would have a similarly tenuous exist- they might as well ask LaFollette’s Harkin and others until the last weeks be- ence. ghost to, please, pass the eggnog.’’ I did fore the vote. Gridlock has become a buzzword character- not read the first part of this editorial There may be flaws. No document requir- izing Congress. Any mechanism to prevent which says that ‘‘In 1908, Senator Rob- ing the assent of 123 countries can be perfect. that condition and restore the job descrip- ert M. LaFollette, Sr., of Wisconsin, Every nation had to give up some special in- tion originally given members of Congress terest. would be most welcome. was in the middle of a filibuster, when But those flaws do not appear sufficient to The anti-gridlock, anti-filibuster concept he discovered the eggnog he was drink- warrant opposition to congressional passage. shouldn’t be scrapped without closer scru- ing for energy had been poisoned. La tiny. Follette survived, and so did the fili- [From Quad-City Times, Nov. 22, 1994] (Mr. FRIST assumed the chair.) buster.’’ HARKIN KEEPS HIS PROMISE Mr. HARKIN. Let me just quote from From the New York Times: ‘‘The Two months ago, Sen. Tom Harkin of Iowa a couple of these editorials, because I United States Senate likes to call it- expressed dismay at the way Republicans think it really puts things in the prop- self the world’s greatest deliberative had repeatedly blocked legislation that was er perspective. body. Greatest obstructive body is supported by a majority of the Senate. First, let me quote from the Des ‘‘I’ve been in Congress 20 years,’’ he said, more like it.’’ Moines Register’s sterling editorial of Later they write: ‘‘The Harkin plan, ‘‘and this has been the worst year I’ve seen. the 23d of November. The constant use of the filibuster, the along with some of Mr. Mitchell’s pro- gridlock . . . And there’s a meanness, a mean The modern filibuster gives the minority posals, would go a long way toward spiritedness, I have never seen before.’’ Har- an absolute veto. It is, quite simply, un- making the Senate a more productive democratic. kin said he intended to introduce a bill next place to conduct the Nation’s business. year that would greatly curtail the filibus- Defenders of the filibuster have argued tering powers of the minority party. that it is useful in preventing precipitous ac- Republicans surely dread the kind of But in the two months since making those tion. Harkin’s proposal addresses that argu- obstructionism they themselves prac- comments, Harkin and other Democrats ment by allowing filibusters to delay action, ticed during the last Congress. Now is have become the minority party. With the but not stop it completely. Under his plan, the perfect moment for them to unite Republicans now in control of the Senate, the number of votes required to end a fili- with like-minded Democrats to get rid Democrats will need every weapon in the ar- buster would gradually decline over a period of weeks until, eventually, only 51 votes of an archaic rule that frustrates de- senal to fight the GOP agenda. So does he mocracy and serves no useful purpose.’’ still see a need to revise the filibuster rule? would be needed. Yes—and his position now carries more A truer reform would be to abolish the un- Those are just some of the quotes weight because of his new status as a mem- democratic anachronism outright. Harkin’s from some of the editorials that I had ber of the Senate’s minority party. proposal is quite modest. There should be no asked be inserted in the RECORD. Mr. Today, Harkin is expected to formally an- reasonable objection to it. President, I think you get the idea that nounce his plans to introduce a bill that And this from the Fort Worth Star changing this filibuster rule has great would allow the filibuster to slow, but not Telegram, Fort Worth, TX. support around the country, both from kill, legislation. The bill mirrors legislation If you started out to formulate the rules once proposed by Bob Dole, and it deserves what one might call liberal newspapers for a legislative body in a new democracy, to those of a more conservative bent. passage. the last example you would follow would be And Tom Harkin deserves credit for con- that of the U.S. Senate. Mr. President, the Members of the tinuing to advocate this long-overdue Things have gotten so bad in the Senate Senate that were sworn in today are change. that there is a growing movement to change sending us a message that we need to the rules about unlimited debate—the fili- change. The present occupant of the HARKIN’S GOOD IDEA: DEFLATING FILIBUSTER busters that prevent action on legislation. chair was one of those just sworn in Iowa Sen. Tom Harkin is putting his If extended debate were really used to ex- today. The filibuster rule is one area amine issues and change senators’ minds by money where his mouth is. where change is most desperately need- He is no fan of the filibuster, a device used force of powerful reason, there would be a almost exclusively by minority senators to case for keeping the present rules. But in ed, a dinosaur that has somehow sur- impede distasteful legislation. So he has of- truth, the Senate’s rules are being used to vived from a previous age. fered legislation to create an alternative thwart the principle of majority rule and to I would like to read a couple of other parliamentary tool. further individual or partisan political inter- quotes. In 1893, then Senator Henry As it stands, if 41 senators (out of the 100- ests to the detriment of the legislative proc- Cabot Lodge, Sr., from Massachusetts, ess. member chamber) are able to stand firm, was opposing a filibuster. He made this they can prevent action on an issue by ap- In truth, the Senate rules are being quote: plying Senate rules allowing them to fili- used to thwart the principles of major- buster. Halting the filibuster requires 60 To vote without debate is perilous, but to ity rule and to further individual or debate and never vote is imbecile. votes. Tough to get. partisan political interests to the det- Harkin and Sen. Joe Lieberman, a Con- riment of the legislative process. And Here is another quote that I found in necticut Democrat, have co-sponsored a the CONGRESSIONAL RECORD of Feb- measure that still enables a minority to this from the USA Today. The 60-vote have its voice, but not in perpetuity. requirement means, in effect, all legis- ruary 10, 1971: It is a noteworthy position for minority lation must have a supermajority to It is one thing to provide protection lawmakers who potentially could lose their pass. Yet, the Constitution requires against majoritarian absolutism; it is an- only real tool against a dominating major- supermajorities in only five areas: other thing again to enable a vexatious or ity. (It wouldn’t be surprising if both are treaty ratification, Presidential veto unreasoning minority to paralyze the Sen- confident that their upcoming minorityhood overrides, impeachment votes, con- ate, and America’s legislative process along is merely an aberration that voters will cor- with it. rect in 1996.) Their plan would give the mi- stitutional amendments, and expelling a Member of Congress. Senator BOB DOLE, February 10, 1971. nority the 60-vote cushion on the first call So I consider myself to be in reason- for cloture, dropping to 57 votes on a second The Framers, who never foresaw the call, 54 on a third and, finally, to a simple filibuster’s abuse, considered the ably good company when I say that it majority of 51 on a fourth cloture vote. supermajority for other matters and is time to change the filibuster rule so Our sense of the filibuster has been that it rejected it. They protected against ty- that we can get on with the Nation’s can be the only way a congressional minor- rannical majorities in other ways by business. I know there are those who ity might have a voice in formation of public dividing Government power among believe very strongly we must main- policy. Majority parties don’t have a patent three branches, by splitting Congress tain it, but as I said earlier, Mr. Presi- on perfection, but frequently choose to ig- nore even reasonable suggestions from mi- into two parts, and by guaranteeing dent, I think it is time for each of us to nority lawmakers. There’s often not even a basic rights in the Constitution. give up a little bit of our pride, a little hint of the compromise we should expect in The USA Today editorial ends by bit of our privilege, a little bit of our government. saying, ‘‘The filibuster is a super virus prerogative, and a little bit of our S 36 CONGRESSIONAL RECORD — SENATE January 4, 1995 power for the smoother functioning of idea was being put to very unreason- and assumed that filibusters were rel- the U.S. Senate and for the good of this able use. atively uncommon and were employed country. Therefore, I promised myself that if I only in the great issues of the time By passing this amendment, we can was fortunate enough to be reelected which divided a country. I assumed— take a giant step forward toward re- by the people of Connecticut to return like most Americans, I would guess, storing the faith of the American peo- for the 104th Congress, I would do what drawing from probably the broadest ex- ple in their Government. We can tell I could to try to change this filibuster perience America has had with filibus- the American people that we got their rule, which I am afraid has come to be ters, which is mainly ‘‘Mr. Smith Goes message that they want action and not a means of frustrating the will of a ma- to Washington,’’ when James Stewart gridlock. We can say that the time for jority to do the public’s business and stood in that magnificent portrayal change is now. And we can greatly im- respond to the public’s needs. And so and carried out a principled filibuster prove the workings and productivity of when I heard that Senator HARKIN had —that filibusters were to be reserved the Senate. put this program and plan together, I for only the most significant of legisla- There will be many packages intro- called him and I said, ‘‘My distin- tive battles. duced to reform Congress. I think the guished colleague and friend, I admire While I quickly learned that while House is even now debating reforms in you for what you are doing.’’ There are real filibusters are uncommon, current their body. There will be reforms sug- those who undoubtedly will think this Senate rules allow the mere threat of a gested here—gift-ban laws, lobbying is a quixotic effort, that it is a kind of filibuster to rule the way we do or do disclosure laws—making Congress live romantic but unfeasible effort. not do business. by the same laws and regulations by It is important now to make this ef- The gentleman from the Congres- which businesses live. These are good fort to show that we have heard the sional Research Service used a power- laws and good reforms. message and that we are prepared to ful analogy here. He said to me, ‘‘Sen- But Mr. President, there is no reform not only shake up the Federal Govern- ator, you have to think of the Senate more important to this country and to ment but shake up the Congress. And as if it were composed of 100 nations, this body than slaying the dinosaur not just for the sake of shaking it up, each Senator representing a nation, called the filibuster. We need to change but because of a fundamental principle and each nation has an atomic bomb that is basic to our democracy, that is and can blow up the place any time it it so that we can really get back to deep into the deliberations of the wants. And that bomb is a filibuster.’’ what our Founding Fathers envi- Framers of our Constitution and ap- That may make us feel good about sioned—a process whereby the minor- pears throughout the Federalist Pa- our power and our authority, but it is ity can slow things down, debate them, pers, which is rule of the majority in not the way to run the greatest delib- but not kill things outright. Give the the legislative body. It is this majority erative body in the world. In fact, I minority that protection. rule has been frustrated by the existing state this with some humility because As the USA Today editorial pointed filibuster rule. So I am privileged to I do not remember the exact quote, I out, there are other ways the Framers join as a cosponsor with my colleague asked the gentleman from the Congres- protected against majoritarian abso- from Iowa in this effort. sional Research Service, ‘‘Is there any lutism—separate branches and powers, Mr. President, whenever I explain to precedent for this kind of procedure in and the basic rights guaranteed by the my constituents at home in Connecti- the history of legislative bodies?’’ Constitution. cut that a minority of Senators can by He said he thought the closest mod- So, Mr. President, I submit that a mere threat of a filibuster—not even ern precedent was a Senate that sat in many of the reforms that will be of- by the continuous debate, but by a Poland in the 18th century which, be- fered here in the Senate in these open- mere threat of a filibuster—kill a bill cause of unique historical cir- ing days are very good. I intend to sup- on the Senate floor, they are incred- cumstances that are not to the point, port many if not all of them. But if we ulous. When I tell them that now as a with approximately 700 members, the do not change the way the filibuster matter of course a Senator needs to ob- rule was that nothing could be done operates here in the Senate, then I do tain 60 votes in order to pass a bill to without unanimous consent. That, I not think that we heard the message which there is opposition, frankly, the hope, is not the model that we aspire that the American people sent to us. folks back home are suspicious. to copy here. With that, I see my colleague, Sen- When I explain how often the threat What was once an extraordinary rem- ator LIEBERMAN, a cosponsor of the of a filibuster has been used to tie the edy, used only in the rarest of in- amendment, on the floor. Mr. Presi- Senate in knots and kill legislation stances, has unfortunately become a dent, I yield the floor at this time. that is actually favored by a majority commonplace tactic to thwart the will Mr. LIEBERMAN addressed the of Senators—and the filibuster was of the majority. Just as insidiously, al- Chair. used more times last year than in the lowing legislation to be killed on pro- The PRESIDING OFFICER. The Sen- first 108 years of the Senate com- cedural votes, as we so often have here ator from Connecticut. bined—well, the folks back home hon- in the Senate, protects us from having Mr. LIEBERMAN. Mr. President, estly think I am exaggerating. Unfor- to confront the hard choices that we thank you. tunately, I am not. Those are the facts. were sent here to make and, in that I am very proud to join with my col- Mr. President, when I entered the sense, makes us a less accountable league from Iowa in cosponsoring and Senate 6 years ago, I asked to be body. supporting this amendment. A new day briefed by a staff person at the Con- Mr. President, this has to end and it has dawned here on Capitol Hill today. gressional Research Service on the will not end unless an effort begins to A new majority has come to power; Senate rules. I wanted to figure out end it as we are attempting to do here but, hopefully, more than a new major- how the place worked. today. As I believe Senator HARKIN has ity—a new sense of responsiveness to I must say, after that briefing, I, like indicated, the Senate filibuster rule the public, a new understanding of my constituents, was incredulous. I has actually been changed five times in what it means to do the public’s busi- had been the majority leader of the this century. In most cases, particu- ness here in Congress, and a new open- Connecticut State Senate, so I had larly when the changes were substan- ness to looking at some parts of the op- some familiarity with parliamentary tial, they did not occur the first time eration in Congress which we have pre- procedures, but I must say I did not un- the proponents charged the fortress. viously either not questioned or felt it derstand how the Senate’s debate and Perhaps they will not occur on this oc- was inappropriate to question. amendment rules were being used to casion. But I know Senator HARKIN and I must say that over the last couple keep the Senate, presumably the great- I are prepared to keep fighting until of years, as I watched the filibuster est deliberative body in the world, from this change occurs because of what is being used and, I think, in my respect- getting things done. on the line, which is the credibility and ful opinion, ultimately misused and Like many Americans of my genera- the productivity of the U.S. Senate. overused, it seems to me that what had tion, I remembered the dramatic fili- The change that we are proposing, as originally appeared to be a reasonable buster battles of the 1950’s and 1960’s Senator HARKIN has indicated, will January 4, 1995 CONGRESSIONAL RECORD — SENATE S 37 make it more difficult for a minority through the Constitution and their de- again my colleague from Iowa for initi- of Senators to absolutely stop, to liberations and their writings, that the ating this forthright and, in its way, block, to kill Senate action on legisla- Congress was to be a body in which the courageous attempt to change the sta- tion favored by a majority of the Sen- majority would rule. tus quo, and I urge my colleagues to ate, but it will still protect the ability I know that some of our colleagues support the amendment. of that minority to be heard before up will oppose the alteration, the amend- Mr. HARKIN. Before the Senator or down majority votes on legislation ment, that Senator HARKIN and I are yields the floor, will the Senator yield? are taken. It will give the minority op- proposing on the grounds the filibuster Mr. LIEBERMAN. I would certainly posed to what the majority wants to do is a very special prerogative that is yield the floor to my friend from Iowa. the opportunity to educate and arouse necessary to protect the rights of a mi- Mr. HARKIN. I thank my colleague the public as to what may be happen- nority. But in doing so, and I say this and good friend from Connecticut for ing here to give the public the oppor- respectfully, I believe they are not his support, his involvement, and his tunity perhaps to change the inclina- being true to the intention of the help in the drafting of this amendment tion of the majority. Framers of the Constitution, which is and putting it together. The Senator The procedure of succeeding votes that the Congress was the institution from Connecticut is one of those who with 2-day intervals, 60 being required, in which the majority was to rule, not stood in the well today and took his first 57, 54 and finally a simple major- to be effectively tyrannized by a mi- oath of office for the second time. The ity of Senators being able to work its nority. And the Framers, Madison and Senator from Connecticut, I think I will—our intent here is to give the mi- the others, who thought so deeply and can say without any fear of being in nority a chance to make their case and created this extraordinary instrument error, in his entire first term in the to persuade others but not to continue that has guided our country for more Senate was recognized for his constant to grant them an effective veto power than 200 years now, developed the sys- effort to provide for reform, for change which they now enjoy. tem in which the rights of the minority in the way this place operates to make We recognize that the opposition to were to be protected by the republican it more open, to make us more ac- this proposal is bipartisan, just as the form of government, by the checks and countable, and to ensure that the peo- use of the filibuster rule has been bi- balances inherent in our Government ple of Connecticut, indeed the people of partisan. We also understand that as and ultimately by the courts applying the United States, have the right to in- Members of the new minority, Senator the great principles of the Constitu- sist that Senators vote on the merits of HARKIN and I perhaps are not the tion, particularly the Bill of Rights, to legislation. So the Senator is not a likeliest people to be proposing to protect the rights of a minority that newcomer to congressional reform and limit the powers of the new Democratic might be infringed by a wayward ma- to making this body operate more ef- minority, but we both firmly believe jority. fectively and efficiently. I congratulate that regardless of how our resolution So this procedure that has grown up the people of Connecticut for their wis- may limit our personal options as over the years has turned the intention dom in returning him to this body. Members of the minority party in the of the Framers, in my opinion, on its I thank the Senator very much for Senate in the short-term, it is essential head, and in doing so has not only cre- his support of this measure. As the that this reform be undertaken now ated gridlock but has given power to a Senator so wisely said, any time that when the problem of filibuster-created minority as against the will of the ma- the rules have been changed on the fili- gridlock is so fresh in all of our minds. jority. The majority in the Senate, as buster in the past, it has sometimes For too long, we have accepted the reflecting the majority of the people of taken a great deal of time and effort. premise that the filibuster rule is im- the United States, has allowed that mi- We will persevere in this effort because mune. Yet, Mr. President, there is no nority to frustrate the will of the ma- we believe it is the right course for the constitutional basis for it. We impose jority improperly. American people. But I believe by the it on ourselves. And if I may say so re- So I think this is at the heart of the changes that were made in November, spectfully, it is, in its way, inconsist- change for which the people have cried the big changes that were made, the ent with the Constitution, one might out. It is right, and it is fair. It is our American people were sending us a almost say an amendment of the Con- belief in that most fundamental of very powerful message, and I believe, if stitution by rule of the U.S. Senate. democratic principles, majority rule, we do not do something about this di- The Framers of the Constitution, that motivates our introduction of this nosaur, we are going to be involved in this great fundamental, organic Amer- amendment. I am confident that if we another couple of years of frustration. ican document considered on which ever put this issue, or could put this So I just wanted to thank the Sen- kinds of votes, on which issues the will issue, before the American people for a ator for his support, for his involve- of the majority would not be enough, vote, they would direct us to end the ment, for his help in the drafting of that a vote of more than a majority current filibuster practice. Majority this amendment, and I thank him for would be required, and the Constitu- rule is not and should not be a con- his 6 years of efforts to make the Sen- tion has spelled those instances out troversial proposition. Minority rights ate a more responsive and responsible quite clearly. Only five areas: Ratifica- are protected by the checks and bal- body. tion of a treaty requires more than a ances in our system. Mr. LIEBERMAN. Mr. President, I majority of the Senate; override by the Mr. President, it is my pleasure as a thank my friend and colleague from Senate of a Presidential veto requires Senator from Connecticut to welcome Iowa for his kind words. I would just more than a majority; a vote of im- the occupant of the chair as a new say to him that it is really an honor to peachment requires more than a major- Member of the Senate. Perhaps you begin this session by being his partner ity; passage of a constitutional amend- have observed from your viewing of the in this effort that I think is really at ment requires more than a majority; Senate before you arrived here that our the heart of making the Senate a more and the expulsion of a Member of Con- problem seems not to have been that responsive body. gress requires more than a majority. things move through this institution I thank the Chair, and I yield the The Framers actually considered the too quickly, that we hastily trample floor. wisdom of requiring supermajorities upon the rights of the minority. The Mr. BYRD addressed the Chair. for other matters and rejected them. problem, if anything—and it is not a The PRESIDING OFFICER. The Sen- So it seems to me to be inconsistent bad problem and it does carry out the ator from West Virginia is recognized. with the Constitution that this body, intention and will of the Framers—is Mr. BYRD. Mr. President, before the by its rules, has essentially amended that there are a lot of checks and bal- distinguished Senator from Connecti- the Constitution to require 60 votes to ances here, and it is often hard to do cut leaves the floor—and I know he pass any issue on which Members the people’s business and respond to must depart soon; he has someone choose to filibuster or threaten to fili- the people’s needs, and the filibuster waiting on him—my concern is that in buster. has made it even harder to do so. an effort to kill this so-called dinosaur The Framers, I think, understood— So I thank the Chair and the Senate we are really taking a sledge hammer more than understood—expressed for their indulgence. I congratulate to kill a beetle, small beetle. S 38 CONGRESSIONAL RECORD — SENATE January 4, 1995 I agree with the Senators that the the motion to proceed because that has moment—so-called filibusters have oc- rule has been abused. Would the Sen- generally been the first opportunity curred on motions to proceed, and the ators agree with me that, in the abuse that opponents of a measure have had Senator from Iowa says that is the of this rule, it has been most abused in to filibuster. The fact that a measure case, if that is true, then we do not preventing, or attempting to prevent, can be blocked by conducting a fili- need this. We do not need this. We do the taking up of a measure or matter buster of the motion to proceed, of not need to kill the opportunity for un- or nomination? Would the Senators course, makes it even more frustrating. limited debate in order to get at that. agree with me on that? The very attempt to proceed to a mat- Have the Senators read rule VIII, para- The able Senator from Iowa cited the ter of legislation or a nomination can graph 2, of the Standing Rules of the number of times that the ‘‘filibuster’’ be filibustered before the Senate even Senate? Here is what it says. ‘‘All mo- was resorted to last year, or in the last gets to the substance of it, but break- tions made during the first two hours session of Congress or in the last Con- ing the filibuster of the motion to pro- of a new legislative day to proceed to gress, the 103d Congress, and I have a ceed does not eliminate the threat of a the consideration of any matter’’—any feeling that most of those instances to filibuster of the bill itself. which he alluded were instances in This Senator can remember at least matter except a motion to change the which the effort was being made to pro- one example which makes the point rules, any matter—‘‘shall be deter- ceed to take up a measure or matter or that I am trying to make. On product mined without debate.’’ nomination and there was the threat of liability reform, my recollection is Let me read that again for the edifi- a filibuster at least which perhaps had that in the 102d Congress the filibuster cation of all Senators and all who are some impact on the taking up of the occurred on the motion to proceed and listening. Here in the Senate rules, measure. cloture could not be obtained. In the paragraph 2, rule VIII. Would the Senators agree that it is 103d Congress, because of changes of at- All motions made during the first two there, in the taking up of a measure, titude, because of changes of the mem- hours of a new legislative day to proceed to that the real problem lies, or at least bership of the Senate, because a num- the consideration of any matter shall be de- that that has been our experience in re- ber of Members of the Chamber had termined without debate, except motions to cent months and years, not so much committed to at least let the Chamber proceed to the consideration of any motion, after the Senate is on a matter or get to the substance, it was apparent resolution, or proposal to change any of the measure or nomination but proceeding that the filibuster of the motion to Standing Rules of the Senate shall be debat- able. Motions made after the first two hours to the matter? Would the Senators proceed would be broken, that cloture of a new legislative day to proceed to the agree? would be granted. But then a filibuster consideration of bills and resolutions are de- Mr. HARKIN. I do not know if the did begin on the bill itself, after the batable. question is directed to both of us, but if motion to proceed was granted, and Now here it is in plain, unmistakable I might respond—— that filibuster was again successful in Mr. BYRD. I ask unanimous consent blocking the will of the majority. language in the Senate rules, rule VIII, that I may ask this question and retain So I would most respectfully say to that a motion to proceed to take up a my rights to the floor. the Senator from West Virginia that it matter other than a rules change dur- The PRESIDING OFFICER. Without does seem to me that, though the fili- ing the first 2 hours of a new legisla- objection, it is so ordered. buster has been more frequently a tive day shall be determined without Mr. HARKIN. I respond to the Sen- problem on the motion to proceed, the debate. There you are. Why does not a ator by saying that that has been a problem is the filibuster. And if once majority leader use rule VIII? It is problem. But I would also note that the opponents of a measure, a minor- here. It has been here all the time. last year there were three or four in- ity, are not successful and let the mo- Mr. President, I was majority leader stances—I am a little unclear—of when tion to proceed be agreed to, then this and I was the Secretary of the Demo- the filibuster was used on disagreeing minority has the right to frustrate the cratic Conference, beginning in 1967, with amendments of the House, ap- will of the majority on the substance of for 4 years. I sat on this floor and did pointing conferees, and insisting on the matter once it comes before the Mr. Mansfield’s floor work for him as Senate amendments. That can also be Chamber. Secretary of the Democratic Con- filibustered. Mr. BYRD. Well, Mr. President, I ference. And beginning in 1971 I sat on Mr. BYRD. But wouldn’t—— want to protect the right of the minor- this floor as Democratic whip and did Mr. HARKIN. Even after the whole ity on a matter of substance in particu- Mr. Mansfield’s floor work for him. He measure has been passed. lar. But do the Senators not agree that was the majority leader. Mr. BYRD. Would not the Senator most of the cloture motions that have And in 1977 I was elected majority agree that filibusters used in such in- been laid down by the majority leader leader. I was elected majority leader stances as he has just related here are in the past few years have been laid for 2 years and then reelected in 1979 not the filibusters which have caused down on motions to proceed? Would the for 2 years. Then the Republicans took the Senate the problems of abuse which Senators not agree to that? over the control of the Senate after the most Senators and I perceive as being Mr. HARKIN. I would agree to that. I 1980 election. I was minority leader for problems? Do the Senators not agree if would agree, I think—and I have a 6 years. Then I became majority leader real problems have arisen—if there table here on that—and the Senator is again for 2 years, the 100th Congress. have been real problems, and assuming right. That rule was there all the time that I that there have been, assuming that Mr. BYRD. All right. was leader. I never had any big prob- what we call filibusters were really fili- Mr. HARKIN. Most of them have lems. busters on motions to proceed—would been on motions to proceed. I will tell you, rules VII and VIII, I the Senators not agree that on motions Mr. BYRD. I thank the Senator. to proceed most of these filibusters, so- Now, before the Senator leaves the believe, have, if it is researched, if it is called filibusters, have occurred? floor, why do we want to use this clo- researched by the Journal clerk—I Mr. LIEBERMAN. Mr. President, if I ture—why do we want to use this have a feeling that rules VII and VIII may respond to the distinguished Sen- sledgehammer to eliminate the poten- have not been used since I was major- ator from West Virginia, it is true—and tial filibuster on a motion to proceed? ity leader. Rules VII and VIII have not I do not have the statistics in front of That is where the problem has arisen. been used since I was majority leader. me, but my recollection tells me that a Our friends—now in the majority, then I think that is correct, unless it hap- good number of the filibusters that in the minority—objected to the taking pened one day when I was in a commit- have occurred have occurred on the up of measures. Consequently the ma- tee meeting and was not aware of what motion to proceed. But it is my opinion jority leader put in a cloture motion; 2 was going on on the floor. I will say that the fact that many filibusters oc- days later the vote occurred. this as a former majority leader and as curred on the motion to proceed does Now if, as the Senator from Iowa has a former minority leader. I will say not encourage or lead to the conclusion stated, it is true that most of the so- that it is sometimes difficult. But the that the problem is the motion to pro- called filibusters, I say so-called be- rule is there which allows for a motion ceed. The filibusters have occurred on cause—I will explain that further in a to proceed, a nondebatable motion to January 4, 1995 CONGRESSIONAL RECORD — SENATE S 39 proceed. And I have used it. I have used lieve that is why rule VIII is not used minute rule and speak on matters more it. I have used it when our Republican more often because it does not really often. friends did not want to take up some- make much difference. Mr. LIEBERMAN. Will the Senator thing. I used that rule. Mr. BYRD. Mr. President, it makes a yield? Mr. HARKIN. Will the Senator yield? lot of difference. We so programmed Mr. BYRD. Yes. I ask that I retain Mr. BYRD. Let me just complete my ourselves around here that we get my right to the floor, not that I think thought and then I will be glad to unanimous consent. And I started a lot anyone is going to try to take it away yield. of it. So I cannot wash my hands and from me. A majority leader has enormous walk away. I did a lot of this program- Mr. LIEBERMAN. I thank the distin- power when it comes to the schedule of ming myself; program the next day; guished Senator from West Virginia. the Senate, the scheduling of bills and morning business. I daresay that half There is no better not only student but resolutions, and the programming of of the Senators do not know what teacher of the rules who understands the Senate schedule. The majority morning business is. They do not know the rules better than the Senator from leader has first recognition power and the difference between the morning West Virginia. I respect him greatly for that is a big arrow in his arsenal. hour and morning business. that. He has the power of first recognition. I do not mean to cast aspersions on I would make this point and I do Nobody can get recognition before the them. But I hear a lot of Senators talk- think the Senator has made an impor- majority leader. If he has the power of ing about how we should change the tant point in saying that the problem first recognition, then he can make a rules. They do not know the rules. of the filibuster, to use the term we motion that is nondebatable. He can sit They do not know the rules. They have been using and perhaps in some down if he wants to. If someone wants think morning business is a period measure agreeing on it, the misuse of to put in a quorum call, that is OK. Let when there is a period for speeches. the filibuster has arisen most fre- the quorums chew up the rest of the 2 Morning business is not a period for quently on the motion to proceed. I hours. That motion is in there. That speeches. Under rules VII and VIII, must say that if there was a way that nondebatable motion is still pending speeches are not to be made in morning the Chamber could limit or eliminate before the Senate after that 2 hours. At business. Morning business is a period the opportunity to filibuster on the least that is the way I recall it. But for the offering of petitions and memo- motion to proceed I would certainly there is a nondebatable motion. Why rials and bills and resolutions and so consider that to be a step forward—to has not rule VII or VIII been used? forth, but no speeches. A lot of Sen- put it in a more clear way, if I may, a So we have had all of these motions ators think, well, morning business. I step toward diminishing the misuse of to proceed. The Republicans objected. would imagine if they went out to a the power of the filibuster. But it does Then we slapped in cloture motions. high school or a college and answered seem to me that the problem here has That has been called a filibuster. There some questions on the Senate rules, arisen most frequently on the motion is no filibuster. That is a threat to fili- they would talk about morning busi- to proceed but the problem remains the buster. But again, the majority leader ness, that is the time you make speech- filibuster which is the ability in this has the power to go to something else. es. Morning business is not a time for Senator’s opinion of a minority to frus- Once that cloture motion is in, he does speeches. trate the will of 51 Members of this not have to waste 2 days. He has the So we get consent, not that there be Senate to represent their constituents power to go to something else, take up a limitation on speeches in morning and get something done. It has arisen something else. And then 2 days later business because there are not sup- most frequently on the motion to pro- the cloture motion ripens and you vote posed to be any speeches, but that Sen- ceed because that is the first time it on that cloture motion. It does not ators be permitted to speak in morning could arise. mean that we have been losing time. business for not to exceed. My friend and colleague from Iowa We just moved on to another measure I say all of that to say this, Mr. has talked about the six occasions in in the meantime. President. The rule is here. I daresay which in the consideration of a typical So I say to my friends before we get that if Mr. DOLE gets a notion to call matter here in the Senate a filibuster all steamed up and start referring to up a measure he will probably resort to could occur. In fact, if one considered something around here as a leviathan, paragraph 2, rule VIII and he may go amendments and the opportunity to dragon, or a big lizard, whatever, let us back to using rules VII and VIII. I hope filibuster amendments, there are even read the rules and see what we all have we will. I do not want to see these rules more than six. But let us talk about here. And let us use them. I will be atrophy from misuse. The Senate is the six. It is as if there were six hurdles glad to yield. being programmed too much. As I say, or six obstacles on the passage of a Mr. HARKIN. I thank the Senator for I guess I started some of it. But it has measure. And it is true that the first yielding. gone too far. hurdle is the motion to proceed. So the I asked my staff. It was either last Here are the rules. The majority filibuster has arisen most often on that year or the year before when I first leader has all of his power of first rec- because it is the first hurdle. If we started getting involved in this that I ognition. Any majority leader can find eliminated that hurdle, I would say then came to the majority leader, Mr. a way to make a motion during the that would be a step toward eliminat- Mitchell, with that same proposal be- first 2 hours of a new legislative day. A ing or diminishing the misuse. But the cause I am trying to remember the bill lot of Senators do not know what that fact other hurdles would remain and we were trying to get up that was being means—new legislative day. They prob- would be there is an opportunity to filibustered. I had checked on this leg- ably do not know the difference be- frustrate the will of the majority and islative day. The response that I got tween a legislative day and a calendar to bring gridlock. was what difference does it make? If we day. I do not want to be unfair to my I say that with great respect for my are going to filibuster, we might as colleagues. But they have other things distinguished colleague from West Vir- well do it on a motion to proceed as to do, things that there are headlines ginia. I thank him for yielding the anything else. It does not make any in, votes to be made back home. Who floor. difference. wants to fool with these old Senate Mr. BYRD. Mr. President, I have In other words, there are six hurdles. rules? It is not interesting reading. It great respect for both Senators. I have There is the motion to proceed. There will not compare with Milton, Dante, great admiration for them. Mr. HARKIN is the bill, disagreement with the Roman history or the history of Eng- serves on my Appropriations Commit- House, insist on amendments, appoint land. This is dry reading. Who wants to tee. He has his heart in this matter. conferees—there are six when we get fool around and spend their hours read- But as one who has been a leader of the over there. The Senator from West Vir- ing these old dry rules? No headlines majority and the leader of the party ginia says we take down the first rule. are made. when in the minority, I can say to my It still leaves five rules. Every one of So I hope that we will start using friends that the majority leader, whose those can be filibustered and we are rules VII and VIII. I think Senators job it is and responsibility it is to bring right back in the same stew again. I be- would get over here then and use the 5- up matters—that is not the responsibil- S 40 CONGRESSIONAL RECORD — SENATE January 4, 1995 ity of the minority leader—the major- I have to have something cleared up consent. Then they filibustered the ity leader, with his power of first rec- for me, if the Senator would be so kind. measure. ognition, with his majority votes to Let us assume that the majority leader I offered a cloture motion eight back him up on most measures, cer- does use rule VIII to bring up a motion times—more than any majority leader tainly on taking up measures, he can to proceed, which then would not be de- has ever offered on any measure. Un- get measures up. There might come an batable; let us say that I was opposed like Robert Bruce, who succeeded on occasion now and then in the effort to to the measure, and say I had two or the seventh time after he had seen that proceed to take up something when he three other people opposed to the spider spin his web, I failed eight would have to use cloture. That is all measure that indicated we were going times. Do you think I was frustrated? right. I used it a few times, too. But to filibuster the motion to proceed. So Of course I was. But they had a right. that has been the problem, as I have the majority leader says: We will get They were exercising their rights. They observed it here in recent years, the around HARKIN; we will bring it up were in the minority, but a minority ‘‘filibuster,’’ because it really was not under rule VIII. There is nothing I can can be right. A minority can be right. a filibuster. It was the failure to give do about it. It is nondebatable. But So I have always defended the rights of consent to take up a matter. Consent is what is to prevent me from saying the minority, whether I was in the ma- needed to take up a matter, except on when the bill comes up we will fili- jority or minority, because I also re- a motion. So if we can ask unanimous buster it now? member that we can be in the minor- consent to take up a matter, to proceed Mr. BYRD. Sure, that is all right. A ity—and we are now. I remember, too, to a matter, any one Senator can ob- minority ought to have a right some- that this is not a democracy. ject, and that may appear to be a fili- where to debate and to resort to unlim- With 260 million people, would any- buster. That may appear to be a threat ited debate. There are two things that body stand up and claim that this of a filibuster. make the Senate, two things in par- could be a democracy? This is a Repub- Well, a majority leader can call that ticular, aside from the Senate’s judi- lic. It is a representative democracy. threat. He does not have to roll over cial powers, its executive powers, and The people speak through their elected and play dead. Time and time again— its investigative powers; there are two representatives. So a minority may be do not worry about these holds, do not things that make it the premier upper over there or may be over here on a given measure, or a minority may be a worry about them. I have heard that body in the world. One is the right to combined minority. But that minority argument. Senators have holds on amend. The Constitution gives it that may represent a majority of the people. things. We ought to stop that. Well, right to amend, even on revenue bills That is the purpose. That is why un- when I was leader, I recognized a hold which originate in the House. The limited debate is something we should only for a time, and many Senators other factor is the right of unlimited never, never give away—unlimited de- have placed a hold on a piece of legisla- debate. bate; right of unlimited debate. tion just so they can be notified when I sought to get the campaign financ- I have been in the House of Rep- that piece of legislation is about to ing reform measure up in the 100th resentatives. I have been in the House come up. They want to be notified. Congress, in 1987, and our Republican of Representatives before I came here. They do not want it to be taken up friends would not give me a unanimous I do not want to make the Senate a without their being consulted. consent to take it up. So one day—I am second House of Representatives. There I never tolerated a hold; I never al- getting to the point the Senator is a place for both in the constitutional lowed any hold to keep me from at- raised—I said to the Republican leader, scheme. Each has its role to play in its tempting to take up a measure. If when I had the floor: I wonder if the own proper sphere. The Senate ought someone had a hold on a nomination, I leader would give me consent to pro- not change its role. would go to the Republican leader and ceed to the consideration of whatever I may want to filibuster, to use the I would say: You better tell Senator So the bill number was, the campaign fi- word. I may want to use it someday to and So that I am going to move to take nancing reform bill. He said: I do not protect poor little West Virginia and up that nomination. I hope he will give think so; I think we want to talk a her rights. This is the forum of the me consent, but if he does not and I see while about that. I said: Well, I wish States. We are here to represent he has had a hold 2 weeks, 3 weeks, or the Senator would let me take this up. States. And the State of West Virginia, a month, or whatever it is, then I am He said: Well, Senator MCCONNELL the State of Iowa, the State of Ken- going to move, and the hold would might want to talk about it. I said: tucky, the State of Mississippi, each of break. If it did not, we just moved to Right there he is; ask him. The Repub- these States is equal to the great State take it up. lican leader asked Senator MCCONNELL, of California with its 30-odd million— So, Mr. President, to those, espe- and he said Senator MCCONNELL want- equal. We speak for the States, and it cially inside the Senate, who do not ed to talk. is the only forum in the Government in understand, I cannot blame the people Well, Mr. President, I was in a posi- which the States are equally rep- on the outside for not understanding. I tion right then to move to take that resented—equally represented. can understand how editors of the bill up, and it is a nondebatable mo- Now, if we do not have the right for newspapers around the country might tion. You see, it was a new legislative unlimited debate, these poor little old not understand when Senators them- day, and it was during that 2 hours. I States like West Virginia, they will be selves do not understand. We have a am now in a position to move. I said: trampled underfoot. We have three rule here that allows taking up a meas- So, Mr. Leader, if you give me unani- votes in the House. Now in the House, ure without debate. mous consent, we will save 15 minutes, we had six votes. Now we have half Let me say that I hope the Repub- or if you will not give me unanimous that many in the House, three votes. lican leader will resort to rule VIII consent, we will just vote right now, Mr. President, we had better stop, once in a while, if for nothing else but and we will vote up or down. He said: look, and listen before we give away to recall to all of us that it is in the Well, give me a few minutes to talk this right of unlimited debate. What is rule book. with my colleagues. I said: Sure, how wrong with using the rules? My friends (Mr. GORTON assumed the chair.) much time you want? He said: Oh, 20, did not like it. I did not like it when Mr. HARKIN. Will the Senator yield? 30 minutes. I said: Mr. President, I ask Mr. DOLE used the rules on me when he Mr. BYRD. Yes, I will yield for a unanimous consent that the Senate was in the majority. I did not like it, question. stand in recess for 30 minutes and that but I said he has a right to do it; he is Mr. HARKIN. This is very instructive I be recognized at the reconvening of playing by the rules. to me, also. As the Senator from Con- the Senate, and at that point no time Mr. President, I came prepared to necticut said, there is no one who be charged against the recess, and that speak not long, but let me say a few knows his rules better and more in I retain my rights at that point as of words in accordance with what I had depth than the Senator from West Vir- the status quo. We recessed for 30 min- planned. ginia. I like this debate because I am utes and went out and Mr. DOLE came The filibuster has become a target learning from him. back and said: OK, we will give you for rebuke in this efficiency-obsessed January 4, 1995 CONGRESSIONAL RECORD — SENATE S 41 age in which we live. We have instant rights to debate at any length the sword back into the room. Cato felt of coffee, instant potatoes to mix, instant measure or matter, once the Senate its point, felt of its edge, said, ‘‘Now, I this and instant that. So everything has proceeded to take it up. am master of myself.’’ And a little must be done in an instant; must be So let us have that change in the later he plunged it into his abdomen. done in a hurry. rules. That will get rid of most of the Cato. We need more Catos in the Sen- I lived in an earlier age. I remember so-called filibusters. ate. when Lindbergh flew across the ocean A lot of these are not really filibus- The Cato in the year 60 B.C. resorted in a plane that carried a 5,500-pound ters. What is involved is a motion to to a filibuster. Caesar wanted to stand load. He had five sandwiches. He ate proceed. Because unanimous consent as a candidate for counsel. He had to be one and one-half of them on his way. could not be gotten to take up the mat- in the city to do that. He also wanted He flew 3,600 miles in 331⁄2 hours, some- ter, one Senator or two Senators were to be rewarded a triumph for his vic- times 10 feet above water, sometimes objecting, so the motion to proceed was tories in Spain. For that he had to be 10,000 feet. Crowds gathered to see him made and then immediately a cloture on the outside of the city and come in off; crowds gathered in Paris to see him motion was laid down. a triumph. He had to give up one or the land. Now, that cloture rule came as a re- other, but his friends in the Senate He flew over Cape Breton, Nova Sco- sult of real filibusters, and what was sought to introduce legislation that tia, at the great speed of 100 miles an perceived at that time as an abuse of would allow him to stand as the can- hour. That is what the New York unlimited debate. That is why the clo- didate while on the outside of the city, Times said. That is the paper that ture rule was created in 1917. but Cato, and I say it in here better, prints everything there is fit to print. As the Senator has appropriately ‘‘Cato spun out the hours by speaking I wish other newspapers would follow pointed out—and I have listened to him until the Sun went down.’’ In the that same rule. Great speed. Flew over carefully and he has revealed to me Roman Senate, Sun went down, that at great speed, it said—100 miles an that he has read a great deal of history was the end of the session. So he spun hour. concerning these rules—may I say to out the day talking until the Senate JOHN GLENN went around the Earth, I the Senator that I have likewise read a adjourned. And so we see a successful would assume, at a speed of something great deal of it. I have likewise written filibuster occurs in the Roman Senate like, I would imagine, as I recall he a great deal on it, and I have likewise 2055 years ago. Not bad. 2055 years ago. traveled around the Earth in about 80 experienced the use of it and experi- So, it is a matter of ancient origin. minutes, something like that. That enced dealing with it as majority lead- Did the Senator want me to yield? would be what? Eighteen thousand er, as minority leader, as whip, and as Mr. HARKIN. Mr. President, I was miles an hour. secretary of the Democratic con- just fascinated by listening to the his- Anyhow, everything has to be done in ference. tory lesson is all. a hurry. We have to bring efficiency to Mr. HARKIN. Senator, much of the Mr. BYRD. I ask unanimous consent this Senate. That was not what the history I have read. that I may yield for a statement, if the Framers had in mind. Mr. BYRD. I could tell that just by Senator wishes to make it, without los- Recently, much of the talk of abol- listening. And I compliment the Sen- ing my right to the floor. ishing filibusters was coming from the ator. The PRESIDING OFFICER. Without other body, but apparently the criti- By the way, all of this section here, objection. cism has begun to seep in the Senate ‘‘The Filibuster 1789–1917,’’ I read the Mr. HARKIN. Mr. President, I thank Chamber, as well. old CONGRESSIONAL RECORDs. I went the Senator. It is always instructive to The filibuster is one of the easier tar- through the old CONGRESSIONAL engage in the debates with the Senator gets in this town. It does not take RECORD. I read those debates by Ben- from West Virginia who is a great stu- much imagination to decry long-wind- jamin Tillman. I read them. I did the dent of Roman history. I have always ed speeches and to deplore delay by a footnoting in this book. I did not have enjoyed listening to him tell about the small number of determined zealots as a staffer do that footnoting. I did it. I different Roman battles. Always very getting in the way of the greater good. read those CONGRESSIONAL RECORDs. instructive. I am not a student of It does, however, take more than a And so I have read the history. And I Roman history at all and do not pre- little thought to understand the true have helped to make a lot of the his- tend to be. I find it fascinating. purpose of the tactic known as filibus- tory. And I have helped to write a lot. I tend to think that we in our great tering and to appreciate its historic And I feel very deeply that as long as American experiment embarked upon importance in protecting the viewpoint we have a Senate in which there is un- something quite different perhaps than of the minority. limited debate, the liberties of the what the Roman Senate was. I think In many ways, the filibuster is the American people will always be pro- our roots, again, go back to the Magna single most important device ever em- tected. I think that we change that Carta, the great charter of King John, ployed to ensure that the Senate re- rule at our peril, and at the peril of the and to the parliamentary procedures of mains truly the unique protector of the liberties of the American people. Great Britain, of England. rights of the people that it has been One of the filibuster, so-called fili- In 1604 the Parliament of Great Brit- throughout our history. buster, is of ancient origin. Cato or- ain adopted what was then known as a I believe that it is always worthwhile dered a filibuster. Cato the Younger. motion for the previous question to to try to educate the public and hope- His sister married Brutus. Marcus Jun- bring to finality debate and to move to fully any new Members who have not ius Brutus. Cato the Younger. He com- the merits of the proposition. That was yet fully grasped the noble purpose ful- mitted suicide in the year 46, 46 B.C., in 1604. When our Constitution, and I filled by this much maligned exercise after he had heard that Caesar has won pose this in a manner of a question to known as the Senate filibuster. the battle of Thapsus. He committed the Senator from West Virginia be- Mr. President, let it be clearly under- suicide. Cato. Marcus Porcius Cato cause this is another branch of the ar- stood that I favor a change in the fili- Uticensis committed suicide. He ad- gument on the filibuster, sort of the buster rule. I will eliminate filibusters monished all of his men, the officers in branch that I had been arguing on is on the motion to proceed to take up a his military, to leave Utica because the basis that a filibuster ought to be measure or matter other than a matter Caesar was approaching. He admon- used to slow down, temper legislation, affecting a rules change. I would favor ished his son to give himself over to alert the public, change minds, but changing the rules to provide that Caesar. Cato himself did none of these should not be used as a measure where- there be a motion to proceed limited to things. He elected to read Plato’s book by a small minority can totally keep 2 hours of debate or 1 hour of debate. I on the soul. Phaedo. And after he had the majority from voting on the merits have no problem with that. Because read that book, his friends had taken of a bill. That is one branch. that to me appears to have been, the his sword from beneath his pillow, fear- The other branch is the constitu- last few years, where the real abuse has ful he might use it against himself. tional branch. The Senator from West lain, real abuse of the rule. If we elimi- And he asked them to send it back. Virginia said that we, at our peril, I be- nate that, Senators should retain full And a little boy came carrying the lieve, give up this right of unlimited S 42 CONGRESSIONAL RECORD — SENATE January 4, 1995 debate. From whence does this right other place, or anything said in debate, will have eliminated—he will have spring? It is not mentioned in the Con- so on and so on. eliminated—the source of the irrita- stitution. At least I cannot find it in So there was the right of freedom of tions and aggravations that have per- the Constitution. speech. Our English forebears recog- meated through this body over the last In fact, the Constitution, article I, nized that important right, and they few years of most of those so-called section 3, outlines what the Senate wrote it into the Bill of Rights, the filibusters. shall be. Two Senators from each State English Bill of Rights. And our Con- They were not filibusters. They were chosen by the legislature, which was stitution forebears, who knew much simply motions to take up a matter changed by the 18th amendment and about the English struggle, who knew that were objected to and immediately made Senators popularly elected, goes much about Roman history, who knew a cloture motion being thrown down. on to tell what Senators do. They each much about Montesquieu and Hobbs That cloture motion was created to get a vote. The Vice President will be and Moore and all of the other great shut off debates on filibusters. And yet President of the Senate but will have philosophers, they wrote it into our the cloture motion was used to get a no vote unless they be equally divided. Constitution. vote on a motion to proceed. Then it goes on to tell all of the dif- We have freedom of speech. The So I think it has been blown out of ferent cases wherein there has to be Roman Senate, under the Republic, proportion a great deal, but I agree more than a majority vote. Five cases. which lasted from 509 B.C. up to the that that rule has been abused to that I postulate a question to the Senator Battle of Actium in 31 B.C., the Roman extent. I have said that continued from West Virginia. Let us suppose Republic had freedom of speech in the abuse of that rule will result in taking that an election were held and 90 Mem- Senate, and there was a check on free- away the right of Senators to have un- bers of the Senate were elected from dom of speech on the length of speeches limited debate. I see that danger. And one party; let us say that those 90 first instituted by Augustus—Gaius Ju- I am trying to protect against that Members then decided that they were lius Caesar Octavianus, given the title danger. So I would agree that we make going to change the rules of the Sen- of Augustus by an innervated Roman that kind of rules change. ate. And they did change the rules of Senate that had lost its nerve, lost its As far as I am concerned, we could go the Senate. vision and lost its way. Augustus fi- back to the two-thirds rule rather than And then they put in the Senate a nally put an end to this business of the three-fifths—two-thirds of those rule that said that no changes in the freedom of speech in the Senate. He present and voting. That would ensure rules could be done unless 90 percent reigned from 27 B.C. to 14 A.D. that Senators come to the floor and agreed. Not two-thirds, but 90 would So it has its roots in antiquity. It is vote. Where we have 60 votes, 39 or 40 have to agree to change the rules, and a property, yeah; it is far more than a can leave town. The other side has to that 90 Senators would have to reach property, it is a right that is cherished produce 60 votes. that agreement. It probably would by free men: The right of freedom of So if the Senate wanted to change it never happen again, 90 Members of the debate. same party, but then that rule would Take away that right and you take back to two-thirds of those present and go on in perpetuity. So then does that away my liberties. You take away my voting, fine. As he pointed out directly, not lead to a possibility of a Senate right of freedom of debate as an elected the present rule was reached through setting up a supermajority that com- representative of the people, and you compromise, those who thought the pletely does away with the will of the take away their liberties. It is a right two-thirds too difficult and those who majority to enact legislation? It sort of that Englishmen have known for cen- thought that a majority was not is an extension, and it is the extreme of turies for which they struggled against enough, so we arrived at the present what we have here, I think, with a fili- monarchs. rule. But I am not unalterably against buster. The Senate, as the Senator pointed change if it is change for what I see So I ask the Senator, from whence out early today, first started out with would be for the better. I think that does this right spring of this unlimited the previous question in the Senate. would be for the better. But I am debate? I find it not in the Constitu- That was discarded. Aaron Burr, when against change, I am against emascu- tion. he made that great speech after he had lating the filibuster rule. Mr. BYRD. The right of freedom of murdered Alexander Hamilton in In the ‘‘Lady of the Lake,’’ I guess it speech was publicly accorded to both Weehawken, NJ, and had presided over was Fitz-James who said; Commons and the House of Lords by the Senate trial of Samuel Chase, I be- Come one, come all. This rock shall fly Henry V in 1407. He reigned from 1399 lieve it was, made a speech to the Sen- From its firm base as soon as I. to 1413. He publicly declared that the ate, his last speech before he went out That is the way I feel about the fili- Commons, members of both Houses of the door for the last time, and he rec- buster: Parliament, had the right to speak and ommended that the Senate do away Come one, come all. This rock shall fly speak without any fear of being chal- with the previous question. From its firm base as soon as I. lenged in any other place. That right So we have had unlimited debate in So it is not a matter of power and was written into the English Bill of the Senate now for 200 years, and sure- privilege and prerogative, as the Sen- Rights, article 9—the English Bill of ly with 200 years of trial and testing, ator has said, and pride. It is a matter Rights, which was enacted in December we should know by now it is something of pride in this institution with me. 1689. to be prized beyond measure. That is where the pride is, pride in this William III and Mary were offered And so it is not a matter of pride and institution and pride in the Constitu- the joint sovereignty by Commoners, prerogative and privilege and power tion. the House of Commons, when James II, with this Senator. It is a matter not I wish Senators would develop an in- just before he left England and went to only of protecting this institution, it is stitutional memory. Stop coming over the court of France, never to return to a matter of protecting the liberties of here from the House of Representatives England, they offered to William and free men under our Constitution. And and immediately trying to make this a Mary the joint sovereignty. And in as long as I can stand on this floor and second House of Representatives. The early 1689, William and Mary were speak, I can protect the liberties of my Senate was created for a purpose in the crowned joint sovereigns. But first of people. If I abuse the power by threat- minds of those great framers. And the all they had to agree to a Bill of ening to filibuster on motions to pro- test of time has proved that they were Rights. And in that Bill of Rights, in ceed, take away that power of mine to right and that they were wise. the nineth article, there is a provision abuse. Let us change the rule and allow I had intended to read several chap- that members of Parliament should not a motion to proceed under a debate ters from my book, volume two, but I be questioned in any place but Par- limitation of 2 hours, 1 hour, or what- have enjoyed the exchange with my liament. And in our own Constitution, ever, except on motions to proceed to a friends to the extent that I feel no need article I, section 6, we find virtually rules change. I am for that. of proceeding as I had earlier intended. the same language, no Member of ei- And so by doing that, the Senator Let me just call attention to my ther House may be questioned in any will have performed a great service. He book—and I get no royalties on this January 4, 1995 CONGRESSIONAL RECORD — SENATE S 43 book—‘‘The Senate, 1789–1989, Address- when I broke the filibuster on the nat- not counted the votes recently, but I es on the History of the Senate.’’ This ural gas bill. Two Senators, Senator would daresay there is about—almost a is volume two. Volume two is the Sen- Metzenbaum and former Senator majority of the population, if not a ma- ator’s copy. Volume one was a chrono- Abourezk, tied up the Senate for 13 jority. There is a minority of States. logical history of the U.S. Senate. A days and 1 night—I believe it was 13 They can be right. We ought to think history of the United States Senate is days and 1 night—and in that time we long and long and long and long and American history. But volume two I in- had disposed of a half-dozen amend- hard before we tinker with something tended for Senators to read. ments. So I asked Mr. Mondale, the that has been tried and tested for 200 What is in it? Well, there are chap- Vice President, to go please sit in the years because there is a problem with ters on treaties, and on impeachment chair; I wanted to make some points of it. Let us see if we cannot heal that trials, and on other matters that are order and create some new precedents problem in other ways. Let us have re- fairly unique to the Senate. I hope Sen- that would break these filibusters. sort to Rule VIII. Of course, we are not ators will read my chapter on impeach- So he got in the chair, and Howard the majority again. Right now we can- ment trials. Some Senators who claim Baker and I, working together, pro- not resort to it. But the majority can to be lawyers cannot, really cannot, pounded some points of order, and we resort to it. get away from the idea that they are broke that filibuster. And I disposed of Well, back on my reading. Let me re- still in a courtroom and that an im- more than 30 amendments within the peat: peachment trial is a trial in the sense course of a few minutes. And the fili- Senators from a few of the more populous of a civil or criminal trial that is being buster was broken—back, neck, legs, States may, in fact, represent a majority in tried in a court of law. arms. It went away in 12 hours. the nation while numbering a minority of I hope that Senators who listen to- So I know something about filibus- votes in the Senate, where all the States are night and those who read will take me ters. I helped to set a great many of equal. Additionally, a minority opinion in up on that and go back and read my the precedents that are in the books the country may become the majority view, chapter on impeachment trials because here. Dizzy Dean said you can say these once the people are more fully informed there will be some more impeachment things, you can brag, if you have done about an issue through lengthy debate and trials as time comes on. And I have scrutiny. A minority today may become the it. So I do not know whether one wants majority tomorrow. chapters on committees, on the various to call that bragging or not, but that is officers of the Senate. fact—I think it is facts I am stating. Why should not a majority have a But in this respect which we are now And I am simply stating them to let right to stop a piece of legislation? My discussing, I would suggest they begin other Senators know that I understand friend says, well, let us retain the right on page 93, chapter 5, titled ‘‘Extended what frustrations are. I have been over to slow down, the right to slow down, Debate, Filibusters, 1789 to 1917.’’ There this road, up and down the hill. And I but let us take away this power to stop they will find written down the in- think we give away something, some- something. stance to which I earlier referred when thing we can never retrieve, if we give I understand how Napoleon felt when Plutarch reported that Cato opposed away the right of unlimited debate. We he was banished to Elba. I have a room Caesar’s request and ‘‘attempted to ought to forget about streamlining, down here in the corner. Here I was prevent his success by gaining time; streamlining—the Senate was not majority leader and had this six vast with which views he spun out the de- meant to be streamlined. The process rooms, and along came the election and bate till it was too late to conclude here was not meant to be streamlined. I was banished to almost Outer Mongo- upon any thing that day.’’ And again I say I understand that the lia. I know how Napoleon felt because I So that was that successful filibuster rule has been abused. I understand that have seen him in his picture with his 2,055 years ago. Senators do not really very often stand hands folded behind him, looking out Then this gives the history of filibus- up and debate anymore. But let us not upon the sad and solemn sea. But that ters when filibusters were real filibus- try to blame it on the rules. Blame it is the way it is in politics. You are up ters, as Mr. HARKIN stated earlier. on Senators. Rules should not be one day, you are down the next. So I Back in the 19th century, they had real blamed for it. The rule is there. I have am in the minority right now. filibusters, and in the early part of this already read that rule whereby a mo- Moreover, the framers of the Constitution century. And there have been some real tion can be made, that is nondebatable, thought of the Senate as the safeguard ones since I have been in the Senate, to proceed. Let us not throw out the against hasty and unwise action by the real in the sense that it took days and House in response to temporary whims and days and days to reach a decision. And baby with the bath water. The minor- ity can be right and the minority has storms of passion that may sweep over the the debate was germane, at least dur- land. Delay, deliberation, and debate ing the filibusters that I experienced in been right and I will always take my —though time consuming—may avoid mis- the Senate. stand in support of this institution, the takes that would be regretted in the long I mentioned three in particular. The Constitution, and the rights of the mi- run. The Senate is the only forum in the gov- civil rights debate, 1964. I was not a nority. ernment where the perfection of laws may be leader at that time, but I participated And I close by reading merely 2 unhurried and where controversial decisions may be hammered out on the anvil of in that debate. I spoke 14 hours and 13 pages, whereas I had intended to read 70 pages when I began. Page 162: lengthy debate. The liberties of a free people minutes during that debate. That was a will always be safe where a forum exists in Arguments against filibusters have largely bill that was before the Senate for a which open and unlimited debate is allowed. centered around the principle that the ma- total of 77 days including Saturdays, The most important argument supporting jority should rule in a democratic society. Sundays, and holidays. It was actually extended debate in the Senate, and even the The very existence of the Senate, however, right to filibuster, is the system of checks debated 57 days, 6 of which were Satur- embodies an equally valid tenet in American and balances. The Senate operates as the days. We have had some real filibus- democracy: the principle that minorities balance wheel in that system, because it pro- ters. Still the bill was not passed until have rights. vides the greatest check against an all-pow- 9 days after cloture was voted. Hence, Of course, a minority abuses the 103 days had passed between March 9 erful executive through the privilege that rights, but the majority abuses the Senators have to discuss without hindrance when the motion was made to take up rights also—there are times. what they please for as long as they please. the bill and final passage on June 19. A minority can often use publicity to focus Now, this was the civil rights fili- Furthermore, a majority of Senators, at a given time and on a particular issue, may popular opinion upon matters that can em- buster. Then there was a filibuster on not truly represent majority sentiment in barrass the majority and the executive. the natural gas bill, in 1977 I believe it the country. Senators from a few of the more Without the potential for filibusters, that was. And then I speak of the filibuster populous States may, in fact, represent a power to check a Senate majority or an im- that occurred on the campaign financ- majority in the Nation while numbering a perial presidency * * * ing reform bill, 1987 and 1988. That minority of votes in the Senate, where all We are not talking about pride and spread across a period of 2 years. the States are equal. prerogative and privilege and power So I have seen filibusters. I have Take California, Texas, Florida, here. Here is what is involved. ‘‘With- helped to break them. There are few Michigan, Ohio, Illinois, New York— out the potential for filibusters, that Senators in this body who were here there is a minority of States. I have power to check a Senate majority or an S 44 CONGRESSIONAL RECORD — SENATE January 4, 1995 imperial presidency’’—and we have MEASURE PLACED ON THE (agreed to October 4, 1984), the term ‘‘dis- seen an imperial presidency in this CALENDAR—S. 2 placed staff member’’ includes an employee land—would be destroyed.’’ in the office of the Minority Whip who was Mr. LOTT. Mr. President, I ask unan- an employee in that office on January 1, It is a power too sacred to be trifled with. imous consent that S. 2, the congres- 1995, and whose service is terminated on or As Lyndon Baines Johnson said on March 9, sional coverage bill introduced earlier after January 1, 1995, solely and directed as 1949: today, be placed on the calendar. a result of the change of the individual occu- * * * if I should have the opportunity to The PRESIDING OFFICER. Without pying the position of Minority Whip and who send into the countries behind the iron cur- objection, it is so ordered. is so certified by the individual who was the tain one freedom and only one, I know what Minority Whip on January 1, 1995. my choice would be. * * * I would send to f f those nations the right of unlimited debate ORDERS OF PROCEDURE in their legislative chambers. AWARDS FOR ATTORNEY’S FEES Peter the Great did not have a Sen- Mr. LOTT. Mr. President, I ask unan- imous consent that at 10:15 on Thurs- ate with unlimited debate, with power Mr. LOTT. Mr. President, I send a day, January 5, 1995, the Senate resume over the purse, when he enslaved hun- bill to the desk and ask for its first consideration of Senate Resolution 14, dreds of thousands of men in the build- reading. and at that time the debate on the Har- ing of Saint Petersburg. The PRESIDING OFFICER. The kin amendment prior to a motion to clerk will read the bill by title. ** * If we now, in the haste and irritation, table be divided in the following man- The legislative clerk read as follows: shut off this freedom, we shall be cutting off ner: 30 minutes under the control of the most vital safeguard which minorities A bill to amend section 526 of Title 28, Senator BYRD and 45 minutes under the possess against the tyranny of momentary United States Code, to authorize awards for majorities. control of Senator HARKIN. I further attorneys’ fees. As one who has served both as majority ask unanimous consent that at 11:30 Mr. LOTT. Mr. President, I ask for a leader and as minority leader, as a senator a.m., the majority leader or his des- second reading. who has engaged both in filibustering and in ignee be recognized to make the mo- Mr. FORD. Mr. President, I object. breaking filibusters during my thirty-one tion to table amendment No. 1. I ask The PRESIDING OFFICER. Objec- years in this body, I believe that Rule XXII unanimous consent further that, if the tion is heard. today strikes a fair and proper balance be- amendment is not tabled, it be subject tween the need to protect the minority to further debate and amendment. I f against hasty and arbitrary action by a ma- further ask unanimous consent that if jority and the need for the Senate to be able the amendment is tabled, the Senate MODIFICATION OF SENATE to act on matters vital to the public inter- proceed immediately to adoption of the RESOLUTION 16 est. More drastic cloture than the rules now resolution without any intervening ac- provide is neither necessary nor desirable. Mr. FORD. Mr. President, I ask unan- We must not forget that the right of ex- tion or debate. Finally, I ask unani- imous consent to modify S. Res. 16 tended, and even unlimited, debate is the mous consent that immediately follow- adopted earlier today with language main cornerstone of the Senate’s uniqueness. ing the adoption of the resolution the which I now send to the desk. This It is also a primary reason that the United Senate proceed to S. 2, the congres- modification has been cleared by the States Senate is the most powerful upper sional coverage bill. majority leader and it does not change chamber in the world today. The occasional The PRESIDING OFFICER. Without the ratio agreed to. abuse of this right has been, at times, a pain- objection, it is so ordered. The PRESIDING OFFICER. Without ful side effect, but it never has been and f objection, it is so ordered. never will be fatal to the overall public good in the long run. Without the right of unlim- ‘‘DISPLACED STAFF MEMBER’’ f ited debate, of course, there would be no fili- Mr. LOTT. Mr. President, I send an busters, but there would also be no Senate, MODIFICATION OF SENATE as we know it. The good outweighs the bad, enclosed resolution to the desk and ask RESOLUTION 17 for its immediate consideration. even though they may have been exasperat- Mr. FORD. Mr. President, I ask unan- ing, contentious, and perceived as iniquitous. The PRESIDING OFFICER. The Filibusters are necessary evil, which must be clerk will report. imous consent that S. Res. 17 adopted tolerated lest the Senate lose its special The legislative clerk read as follows: earlier today be modified by the follow- strength and become a mare appendage of S. RES. 25 ing language, which I send to the desk. the House of Representatives. If this should Resolved, That, for the purpose of section 6 This request has been cleared by the happen, which God avert, the American Sen- of Senate Resolution 458 of the 98th Congress majority leader and does not alter our ate would cease to be ‘‘that remarkable (agreed to October 4, 1984), the term ‘‘dis- agreements with the committee ratios. body’’ about which William Ewart Gladstone placed staff member’’ includes an employee The PRESIDING OFFICER. Without spoke—‘‘the most remarkable of all the in- in the office of the Minority Whip who was objection, it is so ordered. ventions of modern politics.’’ an employee in that office on January 1, Mr. President, I yield the floor. 1995, and whose service is terminated on or f after January 1, 1995, solely and directly as a Mr. FORD. Mr. President, I suggest THE SENATE GIFT RULE the absence of a quorum. result of the change of the individual occu- pying the position of Minority Whip and who The PRESIDING OFFICER (Mr. BEN- Mr. FORD. Mr. President, I under- is so certified by the individual who was the stand that S. 71 regarding the Senate NETT). The clerk will call the roll. Minority Whip on January 1, 1995. The legislative clerk proceeded to gift rule introduced earlier today by The PRESIDING OFFICER. If there Senators WELLSTONE and FEINGOLD is call the roll. is no debate on the resolution, the Mr. LOTT. Mr. President, I ask unan- at the desk. question is on agreeing to the resolu- The PRESIDING OFFICER. That is imous consent that the order for the tion. quorum call be rescinded. correct. The resolution (S. Res. 25) was agreed Mr. FORD. Mr. President, I ask for The PRESIDING OFFICER. Without to. objection, it is so ordered. its first reading. Mr. LOTT. Mr. President, I move to The PRESIDING OFFICER. The f reconsider the vote by which the reso- clerk will report. lution was agreed to. The legislative clerk read as follows: ADDITIONAL COSPONSOR TO S. 2 Mr. FORD. I move to lay that motion on the table. A bill (S. 71) regarding the Senate gift rule. Mr. LOTT. Mr. President, I ask unan- The motion to lay on the table was Mr. FORD. Mr. President, I ask for imous consent that I be added as a co- agreed to. its second reading. sponsor of S. 2. The resolution is as follows: Mr. LOTT. I object, Mr. President. The PRESIDING OFFICER. Without Resolved, That, for the purpose of section 6 The PRESIDING OFFICER. Objec- objection, it is so ordered. of Senate Resolution 458 of the 98th Congress tion is heard. January 4, 1995 CONGRESSIONAL RECORD — SENATE S 45 MEASURE INDEFINITELY APPOINTMENT BY THE PRESIDENT forts to obtain Iraq’s compliance with the POSTPONED—S. RES. 19 PRO TEMPORE resolutions adopted by the U.N. Security Council (received on January 3, 1995); to the Mr. LOTT. Mr. President, I ask unan- The PRESIDING OFFICER. The Committee on Foreign Relations. imous consent that S. Res. 19, a resolu- Chair announces the following appoint- EC–3. A communication from the President tion regarding committee funding, sub- ment made by the President pro tem- of the United States, transmitting, pursuant mitted earlier today be indefinitely pore, Senator BYRD of West Virginia, to law, the third monthly report on the situ- postponed. during the sine die adjournment: ation in Haiti (received on January 3, 1995); The PRESIDING OFFICER. Without Pursuant to provisions of Public Law to the Committee on Foreign Relations. objection, it is so ordered. 103–394, and upon the recommendation f f of the Republican leader, the appoint- ment of James I. Shepard, of Califor- PETITIONS AND MEMORIALS ORDERS FOR TOMORROW nia, as a member of the National Bank- The following petitions and memori- Mr. LOTT. Mr. President, I ask unan- ruptcy Review Commission. als were laid before the Senate and imous consent that when the Senate f were referred or ordered to lie on the completes its business today it stand table as indicated: adjourned until 10 a.m., Thursday, Jan- MESSAGES FROM THE PRESIDENT POM–1. A petition from a citizen of the uary 5, and that when the Senate re- Messages from the President of the State of California; to the Committee on convenes the Journal of proceedings be United States were communicated to Rules and Administration. deemed to have been approved to date, the Senate by one of his secretaries. PETITION FOR ELECTION CONTEST that the call of the calendar be waived, f INTRODUCTION that no motions or resolutions come Now comes Petitioner and contestant Mi- over under the rule, that the morning EXECUTIVE MESSAGES REFERRED chael Huffington before the Senate of the hour be deemed to have expired, and As in executive session the Presiding United States. Petitioner prays that the that the time until 10:15 a.m. be re- Officer laid before the Senate messages Senate deny Dianne Feinstein a seat in the served for the two leaders. I further 104th Congress of the United States on the from the President of the United grounds that she has not been ‘‘duly elected’’ ask unanimous consent that at 10:15 States submitting sundry nominations by a majority of legal ballots cast in the the Senate resume consideration of which were referred to the appropriate State of California in the election held on Senate Resolution 14 under the terms committees. November 8, 1994. In the alternative, Peti- of the previous agreement. (The nominations received today are tioner asks that if the Senate seats Fein- The PRESIDING OFFICER. Without printed at the end of the Senate pro- stein, it do so without prejudice because the objection, it is so ordered. ceedings.) misconduct, irregularities and fraud in the California election system were so wide- Mr. LOTT. Mr. President, if there are f no further Senators seeking recogni- spread that the true results of the election MESSAGES FROM THE HOUSE cannot be known. Furthermore, Petitioner is tion, I ask unanimous consent that the informed and believes that additional inves- Senate stand in adjournment under the At 3:03 p.m., a message from the tigation by the Senate before her seating be- previous order. House of Representatives, delivered by comes final will make clear that the serious The PRESIDING OFFICER. Will the Mr. Hays, one of its reading clerks, an- systemic problems in California’s and the na- Senator withhold for a moment? nounced that the House has agreed to tion’s voter registration and verification sys- tem are so pervasive as to render the results f the following resolutions: of the 1994 California Senate election invalid. H. Res. 2. Resolution informing the Senate APPOINTMENTS BY THE In support thereof, the petitioner alleges that a quorum of the House of Representa- the following: DEMOCRATIC LEADER tives has assembled. JURISDICTION The PRESIDING OFFICER. The H. Res. 3. Resolution notifying the Presi- 1. The Senate of the United States, pursu- Chair announces the following two ap- dent of the United States that a quorum of each House has assembled and Congress is ant to Article 1, Section 5, clause 1 of the pointments made by the Democratic ready to receive any communication that he Constitution of the United States, is ‘‘the leader, the Senator from Maine [Mr. may be pleased to make. Judge of the Elections, Returns, and Quali- MITCHELL], during the sine die adjourn- fications of its own Members’’ and has final f ment: jurisdiction over election contests concern- Pursuant to provisions of Public Law MEASURE PLACED ON THE ing its Members. 103–236, the appointment of Senator CALENDAR PARTIES MOYNIHAN and Samuel P. Huntington, The following bill was read the first 2. The Petitioner and contestant, Repub- of New York, as members of the Com- lican Party candidate for the Office of Unit- and second times by unanimous con- ed States Senator from the State of Califor- mission on Protecting and Reducing sent, and placed on the calendar: Government Secrecy. nia in the November 8, 1994 general election, Pursuant to provisions of Public Law S. 2. A bill to make certain laws applicable is an elector and citizen of the State of Cali- to the legislative branch of the Federal Gov- fornia and the United States and a legal 100–458, Sec. 114(b)(1)(2), the reappoint- ernment. voter in the State of California in the No- ment of William Winter to a 6-year f vember 8, 1994 general election. He is quali- term on the Board of Trustees of the fied to bring this petition, and brings this ac- John C. Stennis Center for Public EXECUTIVE AND OTHER tion as a contestant and on behalf of the al- Training and Development, effective COMMUNICATIONS most 4,000,000 voters of the State who cast Oct. 11, 1994. legal ballots on his behalf. The following communications were 3. Dianne Feinstein, the Democrat can- f laid before the Senate, together with didate for the office of United States Senator accompanying papers, reports, and doc- from the State of California in the November APPOINTMENT BY THE uments, which were referred as indi- 8, 1994 general election, was certified as the REPUBLICAN LEADER cated: winner of the election by approximately 160,000 votes by the California Secretary of The PRESIDING OFFICER. The EC–1. A communication from the President State on December 16, 1994, prior to numer- Chair announces the following appoint- of the United States, transmitting, consist- ous of the facts alleged herein being known. ment made by the Republican leader, ent with the War Powers Resolution, a re- the Senator from Kansas [Mr. DOLE], port on deployment of a U.S. Army peace- FACTUAL ALLEGATIONS during the sine die adjournment: keeping contingent as part of the United Na- 4. Article I, Section 4, clause 2 of the Con- Pursuant to provisions of Public Law tions Protection Force in the Former Yugo- stitution of the United States grants the 103–359, the appointment of Senator slav Republic of Macedonia (received on De- states the power to prescribe the time, cember 22, 1994); to the Committee on For- places, and manner of holding elections for JOHN WARNER of Virginia, and David H. eign Relations. United States Senators and Representatives, Dewhurst of Texas, as members of the EC–2. A communication from the President subject to the congressional power to pre- Commission on the Roles and Capabili- of the United States, transmitting, consist- empt state law on this subject. ties of the United States Intelligence ent with the Use of Military Force Against 5. The State of California has adopted a Community. Iraq Resolution, a report on the status of ef- comprehensive California State Elections S 46 CONGRESSIONAL RECORD — SENATE January 4, 1995 Code which proscribes the time, place and certification of the results. Such errors were 18. On November 8, 1994, precinct officials manner of holding elections for the Office of more likely to occur in the heavily Demo- and election officials allowed persons not United States Senator which was not pre- cratic precincts of the precincts sampled. qualified to vote, including, it is alleged on empted by federal law in this election. (CAL. c. Precinct workers permitted persons who information and belief, non-citizens who ELEC. CODE §§ 1–35150) did not meet the statutory qualifications for were motivated by defeating a ballot initia- 6. Article II, Section 2 of the Constitution voting in that precinct to cast ballots and al- tive measure entitled ‘‘Proposition 187’’, to of the State of California proscribes the fol- lowed persons who did not live in the pre- cast illegal votes in such numbers that the lowing qualifications for electors in the cinct for which they were registered to cast results of the 1994 California United States State of California: ‘‘A United States citizen illegal ballots in substantial numbers. Com- Senate election cannot be reliably known. 18 years of age and resident in this state may paring the voting roster to registration 19. On and before the November 8, 1994 elec- vote.’’ books used on election day shows that the tion, election officials allowed persons to 7. The California Elections Code provides number of voters who failed to sign the reg- cast absentee ballots in a manner not au- that persons who no longer reside 28 days be- istration book with any residential address thorized by law in such numbers that the re- fore a general election in the precinct for is approximately 3.5 votes per precinct. Ex- sult of the 1994 California United States Sen- which they are registered may not vote in a trapolated statewide, this could reveal as ate election cannot be reliably known. general election unless they change their many as 85,000 improperly cast ballots, 20. The irregularities, mistakes and fraud registration address 28 days or more before which are probably illegal. described in the above paragraphs are not that general election. (CAL. ELEC. CODE d. Comparing the voting rosters with the isolated and are so pervasive as to constitute §§ 305 and 311.6) registration books used on election day a general pattern in the conduct of the No- 8. The California Elections Code provides shows that the number of voters who signed vember 8, 1994 general election that renders that felons, deceased persons, minors, non- the roster with an address different from the certification of the California United citizens, non-residents and others not quali- their registration address and who resided States Senate election unreliable. fied to vote may neither register nor vote in outside of the precinct in which they voted elections in the State. (CAL. ELEC. CODE II. SECOND GROUNDS OF CONTEST: STATE, COUN- §§ 100, 300.5, 701 and 14216) or who did not sign any address at all was TY AND PRECINCT ELECTION OFFICIALS INAD- 9. The California Elections Code requires approximately .93 votes per precinct. Extrap- EQUATELY ADMINISTERED THE 1994 GENERAL that precinct officials conducting the elec- olated statewide, this could result in as ELECTION AND FAILED TO ENSURE THE SANC- tions account for all the ballots and the sig- many as 23,000 improperly cast ballots, TITY OF THE ELECTORAL PROCESS IN CALIFOR- natures of voters who are given ballots at which are probably illegal. These ballots are NIA SO THAT THE RESULTS OF THE 1994 UNITED the precinct polling places on election day, in addition to the 85,000 ballots reported STATES SENATE ELECTION ARE IN DOUBT and that these numbers be reconciled as part above. Moreover, persons registered as 21. The allegations contained in Para- of the official count. (CAL. ELEC. CODE Democrats in the precincts sampled were graphs 1–20 are incorporated herein. §§ 14005.5, 14006 and 14305) twice as likely as persons registered as Re- 22. The public officials charged with con- 10. The California Elections Code requires publicans to sign an address different than ducting the elections in the State of Califor- that precinct officials conducting the elec- where they were living. nia did not enforce or satisfy the require- tions require all voters to identify them- e. Approximately seven (7) voters per pre- ments of the California Elections Code in the selves when voting and to sign the register of cinct voted from an address they had listed conduct of the 1994 United States Senate voters with their name and registration ad- as their former address on a National Change Election so that the result of the California dress. (CAL. ELEC. CODE § 14211) of Address (‘‘NCOA’’) request from the voter United States Senate election cannot be reli- I. FIRST GROUNDS OF CONTEST: A GENERAL PAT- had filed. Extrapolated statewide, this would ably known without further investigation. TERN OF IRREGULARITIES, FRAUD, AND OTHER result in as many as 175,000 ballots being im- 23. The Registrars of Election allowed nu- VIOLATIONS OF THE CALIFORNIA ELECTIONS properly cast. If only one-half of these voters merous persons to register to vote in the 1994 CODE HAS RENDERED THE RESULT OF THE 1994 had actually changed their residence but general election in California who were not UNITED STATES SENATE ELECTION UNRELI- were allowed to vote, it would produce ap- qualified under the State’s Constitution or ABLE proximately 88,000 improperly cast ballots. laws to be registered voters in the State in 11. The allegations contained in Para- f. Of those who cast absentee ballots, ap- that election. graphs 1–10 are incorporated herein. proximately 1.7 voters per precinct sampled 24. The Registrars of Election allowed nu- 12. A study of 84 representative sample pre- had filed a NCOA request with the post office merous persons to register to vote more than cincts in California reveals a general pattern for the address from which they voted in the once in the November 8, 1994 general election of voting irregularities, illegal voting, and November 8, 1994 election. Extrapolated in California, a violation of the California other violations of the California Elections statewide, this would result in as many as Elections Code. Code in the conduct of the November 8, 1994 43,000 improperly cast ballots. If only one- 25. On November 8, 1994, precinct officials general election so widespread as to render quarter of these voters cast their ballot im- allowed to be deposited into the ballot boxes the result of the United States Senate Elec- properly it would produce 10,700 such ballots. more ballots than there were voters who pre- tion unreliable. 14. In sum, it is alleged on information and sented themselves for the purpose of voting 13. Based upon this study, on information belief that extrapolating the results of this in such numbers that the result of the 1994 and belief, Petitioner alleges that the viola- study to the entire State of California will California United States Senate election tions, irregularity and fraud are so pervasive present a prima facie case that over 170,000 cannot be reliably known. in the State of California that the certifi- votes were illegally cast in the November 8, 26. On November 8, 1994, precinct officials cation of the United States Senate election 1994 general election, more than Feinstein’s failed to deposit into the ballot boxes all the is rendered unreliable. This study shows certified margin of victory and large enough ballots that were given to voters who pre- that: to cast doubt upon the certification of the sented themselves for the purpose of voting a. California election workers made suffi- United States Senate election. and these precinct officials failed to account cient errors in counting and reconciling bal- 15. The study in the sample precincts also for the reason that these ballots were not de- lots in the sample precincts to render the re- suggests that if the percentage figures were posited in such numbers that the result of sult of the United States Senate election cer- projected for the entire state of California, the 1994 California United States Senate tified by the California Secretary of State more Democrat voters than Republican vot- election cannot be reliably known. unreliable. Comparing the number of ballots ers cast illegal ballots. 27. These irregularities in process were voted with the number of signatures on the 16. In addition to the more than 170,000 pro- known or should have been known to the voting rosters in the sample precincts re- jected illegal votes indicated by the study of Secretary of State of California prior to the veals that election officials accepted an av- sample precincts in the State of California, election and prior to his issuance of the cer- erage discrepancy of one (1) vote per precinct an ongoing investigation of voter fraud in tificate of election in the United States Sen- in certifying the returns. This one (1) vote California reveals that numerous persons not ate election, yet he refused to investigate per precinct discrepancy results both from qualified to vote in the 1994 general election these problems or to take corrective action more ballots than signatures and more sig- in California, including dead persons who both prior to the election and during the natures than ballots. Projecting such dis- were recorded as having voted in November, canvass to insure that the certificate of elec- crepancies on a statewide basis would remained on the registration rolls and did tion was reliable. produce an error in the certification of ap- vote in that election, thereby rendering the 28. The failures of the election officials proximately 20,000 to 25,000 votes. results of the 1994 United States Senate elec- which are complained of herein relate to du- b. The number of extra ballots certified by tion unreliable. ties which are mandatory in nature and not California election officials in the sample 17. On November 8, 1994, precinct officials directory in nature. precincts plus the number of ballots not cer- allowed persons who were not residing in the 29. These irregularities in process were tified compared to the ballots reportedly precinct from which they voted 28 days be- known or should have been known by the sent to the Registrar of Elections from the fore the election, and therefore were not eli- county Registrars since they appear on the sample precincts produces a discrepancy of gible to vote, to cast ballots in such numbers original election documents containing the 1.38 ballots per precinct. If extrapolated that the results of the 1994 California United totals certified to the Secretary of State statewide, these tabulation errors would States Senate election cannot be reliably during the canvass period. Notwithstanding amount to approximately 35,000 votes in the known. this fact, the Registrars failed to resolve the January 4, 1995 CONGRESSIONAL RECORD — SENATE S 47 discrepancies that appeared on the docu- REPORT OF COMMITTEE SUBMIT- GRAMM, Mr. SANTORUM, Mr. ABRA- ments sent to them by the precinct officials. TED DURING SINE DIE ADJOURN- HAM, Mr. DEWINE, and Mr. KYL): 30. Because of these irregularities and dis- MENT S. 3. A bill to control crime, and for other crepancies, the Secretary of State’s certifi- purposes; to the Committee on the Judici- cate of election is unreliable and the margin Pursuant to the order of the Senate ary. between the two major party candidates is of December 1, 1994, the following re- By Mr. DOLE (for himself, Mr. MCCAIN, less than the number of unaccounted for bal- port was submitted on January 3, 1995, Mr. COATS, Mr. KYL, Mr. HELMS, Mr. lots and illegal ballots cast in the November during the sine die adjournment of the MURKOWSKI, Mr. ASHCROFT, Mr. BOND, 8, 1994 election. Senate: Mr. GRAMS, and Mr. GRAMM): 31. The total number of illegal ballots cast S. 4. A bill to grant the power to the Presi- By Mr. RIEGLE, from the Committee on dent to reduce budget authority; to the Com- or ballots unaccounted for and the insuffi- Banking, Housing, and Urban Affairs: ciency of ballots in some precincts and ex- mittee on the Budget and the Committee on Special Report entitled ‘‘Madison Guar- Governmental Affairs, jointly, pursuant to cess of ballots in other precincts is suffi- anty S&L and the Whitewater Development ciently large throughout the State of Cali- the order of August 4, 1977, with instructions Corporation Washington, DC Phase: Inquiry that if one Committee reports, the other fornia to cast doubt on the election certifi- Into the U.S. Park Police Investigation of cate issued by the Secretary of State and to Committee have thirty days to report or be the Death of White House Deputy Counsel discharged. cast doubt on which of the two major party Vincent W. Foster, Jr.’’ (Rept. No. 103–433). candidates won the election for the United By Mr. DOLE (for himself, Mr. HELMS, f States Senate. Mr. THURMOND, Mr. COHEN, Mr. WAR- 32. These failures of the election officials NER, Mrs. HUTCHISON, Mr. MCCAIN, INTRODUCTION OF BILLS AND Mr. LOTT, Mr. NICKLES, and Mr. cannot be remedied by a recount of the votes JOINT RESOLUTIONS or the remedies available in the California MACK): S. 5. A bill to clarify the war powers of Elections Code for an election contest. The following bills and joint resolu- Congress and the President in the post-Cold 33. Because California lacks any reliable tions were introduced, read the first War period; to the Committee on Foreign Re- verification system in its registration proc- and second time by unanimous con- lations. ess to determine the identity and eligibility sent, and referred as indicated: By Mr. DASCHLE (for himself, Mr. of voters, the failure of election officials to By Mr. KEMPTHORNE (for himself, KENNEDY, Mr. BREAUX, Ms. MIKULSKI, enforce the statutory requirements makes Mr. DOLE, Mr. GLENN, Mr. ROTH, Mr. Mr. REID, Mr. ROCKEFELLER, Mr. unreliable the certificate of election in close DOMENICI, Mr. EXON, Mr. COVERDELL, DODD, Mr. KERRY, Mr. DORGAN, and contests, such as the contest at issue here. Mr. BROWN, Mr. BURNS, Mr. CRAIG, Ms. MOSELEY-BRAUN): 34. The general pattern of irregularities in Mr. FAIRCLOTH, Mr. GREGG, Mr. BEN- S. 6. A bill to replace certain Federal job the election process and illegal ballots cast NETT, Mrs. HUTCHISON, Mr. ABRAHAM, training programs by developing a training is so pervasive that the results of the 1994 Mr. ASHCROFT, Mr. BOND, Mr. account system to provide individuals the United States Senate election are in doubt BREAUX, Mr. CAMPBELL, Mr. COATS, opportunity to choose the type of training and, upon information and belief, it is al- Mr. COCHRAN, Mr. COHEN, Mr. and employment-related services that most leged that if the illegal ballots cast could be D’AMATO, Mr. DEWINE, Mrs. FEIN- closely meet the needs of such individuals, removed from the certificate so issued, the STEIN, Mr. FRIST, Mr. GORTON, Mr. and for other purposes; to the Committee on result of the election would be changed. GRAMM, Mr. GRAMS, Mr. HATCH, Mr. Labor and Human Resources. III. THIRD GROUNDS OF CONTEST: THE IRREG- HATFIELD, Mr. HEFLIN, Mr. HELMS, By Mr. DASCHLE (for himself, Mr. ULARITIES AND ERRORS COMPLAINED OF CON- Mr. INHOFE, Mrs. KASSEBAUM, Mr. KENNEDY, Mr. REID, Ms. MIKULSKI, STITUTE A VIOLATION OF THE 14TH AMEND- KYL, Mr. LOTT, Mr. LUGAR, Mr. MACK, Mr. ROCKEFELLER, Mr. DODD, Mr. MENT Mr. MCCAIN, Mr. MCCONNELL, Ms. BREAUX, Ms. MOSELEY-BRAUN, Mr. MOSELEY-BRAUN, Mr. MURKOWSKI, Mr. PELL, Mrs. MURRAY, and Mr. INOUYE): 35. The allegations contained in paragraphs NICKLES, Mr. PACKWOOD, Mr. PRES- S. 7. A bill to provide for health care re- 1–34 are incorporated herein. SLER, Mr. ROBB, Mr. SANTORUM, Mr. form through health insurance market re- 36. The failure of California to provide a re- SHELBY, Mr. SIMPSON, Mr. SMITH, Ms. form and assistance for small business and liable election system whereby only legal SNOWE, Mr. SPECTER, Mr. STEVENS, families, and for other purposes; to the Com- voters are allowed to cast ballots and illegal Mr. THOMAS, Mr. THOMPSON, Mr. mittee on Labor and Human Resources. ballots are not counted and to administer THURMOND, and Mr. WARNER): By Mr. DASCHLE (for himself, Mr. the 1994 Senate election according to its own S. 1. A bill to curb the practice of imposing BREAUX, Ms. MIKULSKI, Mr. ROCKE- Constitution and Elections Code constitutes unfunded Federal mandates on States and FELLER, Mr. REID, Mr. KERRY, Mrs. a denial of 14th Amendment protections to local governments; to strengthen the part- MURRAY, Mr. DORGAN, Ms. MOSELEY- the legal voters of California in that such nership between the Federal Government BRAUN, and Mr. ROBB): failure structurally dilutes the valid votes and State, local and tribal governments; to S. 8. A bill to amend title IV of the Social cast for both candidates for United States end the imposition, in the absence of full Security Act to reduce teenage pregnancy, Senator in 1994. consideration by Congress, of Federal man- to encourage parental responsibility, and for dates on State, local, and tribal governments other puropses; to the Committee on Fi- IV. PRAYER FOR RELIEF without adequate funding, in a manner that nance. That based upon the foregoing, the Peti- may displace other essential governmental By Mr. DASCHLE (for himself, Mr. tioner and Contestant prays: priorities; and to ensure that the Federal EXON, Ms. MIKULSKI, Mr. BREAUX, Mr. 1. That on the day of covering, the Sec- Government pays the costs incurred by those ROBB, Mr. KERRY, Mr. PELL, Ms. retary of the Senate be instructed to not ac- governments in complying with certain re- MOSELEY-BRAUN, and Mr. HARKIN): cept the certification from the State of Cali- quirements under Federal statutes and regu- S. 9. A bill to direct the Senate and the fornia for the 1994 United States Senate elec- lations; and for other purposes; to the Com- House of Representatives to enact legislation tion. mittee on the Budget and the Committee on on the budget for fiscal years 1996 through 2. That, in the alternative, Dianne Fein- Governmental Affairs, jointly, pursuant to 2003 that would balance the budget by fiscal stein be seated without prejudice to the the order of August 4, 1977, with instructions year 2003; to the Committee on the Budget rights of the Senate to revoke her seating by that if one Committee reports, the other and the Committee on Governmental Affairs, majority vote after full investigation of the Committee have thirty days to report or be jointly, pursuant to the order of August 4, conduct of the election. discharged. 1977, with instructions that if one Committee 3. That the matter be referred to the Rules By Mr. GRASSLEY (for himself, Mr. reports, the other Committee have thirty and Administration Committee with instruc- LIEBERMAN, Mr. DOLE, Mr. NICKLES, days to report or be discharged. tions to investigate immediately the allega- Mr. ROTH, Mr. GLENN, Mr. SMITH, Mr. By Mr. DASCHLE (for himself, Mr. tions set forth above in order to advise the SPECTER, Mr. BROWN, Mr. INHOFE, Mr. GLENN, Mr. LEVIN, Ms. MIKULSKI, Mr. Senate on the action to take in this matter. THOMPSON, Ms. SNOWE, Mr. ABRAHAM, BREAUX, Mr. KERRY, Ms. MOSELEY- 4. That upon finding the facts to be sub- Mr. SANTORUM, Mr. THOMAS, Mr. BRAUN, and Mr. HARKIN): stantially as set forth in the petition or upon COHEN, Mr. CRAIG, Mrs. BOXER, Mr. S. 10. A bill to make certain laws applica- receipt of additional evidence, to declare the ROBB, Mr. KOHL, Mr. WARNER, Mr. ble to the legislative branch of the Federal Senate seat in question be vacant and re- BAUCUS, Mr. HELMS, Mr. GREGG, Mr. Government, to reform lobbying registration quest that the State of California conduct a DEWINE, Mr. CAMPBELL, Mr. BEN- and disclosure requirements, to amend the new election, or in the alternative, to de- NETT, Mr. MACK, Mr. KERREY, Mrs. gift rules of the Senate and the House of clare the person who received the highest KASSEBAUM, and Mr. LOTT): Representatives, and to reform the Federal number of legal votes duly elected if such S. 2. A bill to make certain laws applicable election laws applicable to the Congress; to numbers of legal votes can be determined. to the legislative branch of the Federal Gov- the Committee on Governmental Affairs. 5. That the Senate grant such additional ernment; read twice. By Mr. KYL: relief that the Senate deems warranted by By Mr. DOLE (for himself, Mr. HATCH, S. 11. A bill to award grants to States to the facts. Mr. THURMOND, Mr. SIMPSON, Mr. promote the development of alternative dis- S 48 CONGRESSIONAL RECORD — SENATE January 4, 1995

pute resolution systems for medical mal- By Mr. DOLE (for himself, Mr. HEFLIN, By Mr. FEINGOLD (for himself and Mr. practice claims, to generate knowledge Mr. BROWN, Mr. BURNS, Mr. HATCH, KOHL): about such systems through expert data Mr. NICKLES, Mr. CRAIG, and Mrs. S. 37. A bill to terminate the Extremely gathering and assessment activities, to pro- KASSEBAUM): Low Frequency Communication System of mote uniformity and to curb excesses in S. 22. A bill to require Federal agencies to the Navy; to the Committee on Armed Serv- State liability systems through federally- prepare private property taking impact anal- ices. mandated liability reforms, and for other yses; to the Committee on Governmental Af- By Mr. HATCH (for himself, Mr. DOLE, purposes; to the Committee on the Judici- fairs. Mr. THURMOND, Mr. SIMPSON, Mr. ary. By Mr. HELMS: GRASSLEY, Mr. KYL, Mr. ABRAHAM, By Mr. ROTH (for himself, Mr. BREAUX, S. 23. A bill to protect the First Amend- Mr. NICKLES, Mr. GRAMM, Mr. Mr. PRYOR, and Mr. MURKOWSKI): ment rights of employees of the Federal Gov- SANTORUM, and Mr. ASHCROFT): S. 12. A bill to amend the Internal Revenue ernment; read the first time. S. 38. A bill to amend the Violent Crime Code of 1986 to encourage savings and invest- S. 24. A bill to make it a violation of a ment through individual retirement ac- right secured by the Constitution and laws of Control and Law Enforcement Act of 1994, counts, and for other purposes; to the Com- the United States to perform an abortion and for other purposes; to the Committee on mittee on Finance. with knowledge that such abortion is being the Judiciary. By Ms. MOSELEY-BRAUN: performed solely because of the gender of the By Mr. STEVENS (for himself, Mr. S. 13. A bill to require a Congressional fetus, and for other purposes; read the first KERRY, and Mr. MURKOWSKI): Budget Office analysis of each bill or joint time. S. 39. A bill to amend the Magnuson Fish- resolution reported in the Senate or House of S. 25. A bill to stop the waste of taxpayer ery Conservation and Management Act to Representatives to determine the impact of funds on activities by Government agencies authorize appropriations, to provide for sus- any Federal mandates in the bill or joint res- to encourage its employees or officials to ac- tainable fisheries, and for other purposes; to olution; to the Committee on the Budget and cept homosexuality as a legitimate or nor- the Committee on Commerce, Science, and the Committee on Governmental Affairs, mal lifestyle; read the first time. Transportation. jointly, pursuant to the order of of August 4 S. 26. A bill to amend the Civil Rights Act By Mr. FEINGOLD (for himself and Mr. 1977, that if one Committee reports, the of 1964 to make preferential treatment an KOHL): other Committee have 30 days to report or be unlawful employment practice, and for other S. 40. A bill to direct the Secretary of the discharged. purposes; read the first time. Army to transfer to the State of Wisconsin By Mr. DOMENICI (for himself, Mr. S. 27. A bill to prohibit the provision of lands and improvements associated with the EXON, Mr. CRAIG, Mr. BRADLEY, Mr. Federal funds to any State or local edu- LaFarge Dam and Lake portion of the COHEN, and Mr. DOLE): cational agency that denies or prevents par- project for flood control and allied purposes, S. 14. A bill to amend the Congressional ticipation in constitutionally-protected Kickapoo River, Wisconsin, and for other Budget and Impoundment Control Act of 1974 prayer in schools; read the first time. to provide for the expedited consideration of S. 28. A bill to protect the lives of unborn purposes; to the Committee on Environment certain proposed cancellations of budget human beings, and for other purposes; read and Public Works. items; to the Committee on the Budget and the first time. By Mr. BAUCUS (for himself and Mr. the Committee on Governmental Affairs, S. 29. A bill to amend title X of the Public BURNS): jointly, pursuant to the order of August 4, Health Service Act to permit family plan- S. 41. A bill for the relief of Wade Bomar, 1977, with instructions that if one Committee ning projects to offer adoption services, and and for other purposes; to the Committee on reports, the other Committee have thirty for other purposes; read the first time. the Judiciary. days to report or be discharged. By Mr. MCCAIN: By Mr. FEINGOLD: By Mr. MOYNIHAN: S. 30. A bill to amend the Social Security S. 42. A bill to terminate the Uniformed S. 15. A bill to provide that professional Act to increase the earnings limit, to amend Services University of the Health Sciences; baseball teams and leagues composed of such the Internal Revenue Code of 1986 to repeal to the Committee on Armed Services. teams shall be subject to the antitrust laws; the increase in the tax on social security S. 43. A bill to phase out Federal funding of to the Committee on the Judiciary. benefits and to provide incentives for the the Tennessee Valley Authority; to the Com- By Mr. DOLE: purchase of long-term care insurance, and mittee on Environment and Public Works. S. 16. A bill to establish a commission to for other purposes; to the Committee on Fi- By Mr. REID (for himself and Mr. review the dispute settlement reports of the nance. BRYAN): World Trade Organization, and for other pur- By Mr. MCCAIN (for himself, Mr. S. 44. A bill to amend title 4 of the United poses; to the Committee on Finance. BRYAN, Mr. COATS, Mr. GORTON, Mr. States Code to limit State taxation of cer- By Mr. SPECTER (for himself and Ms. HEFLIN, Mr. HELMS, Mr. KYL, Mr. tain pension income; to the Committee on MOSELEY-BRAUN): LOTT, Mr. MACK, Mr. REID, Mr. SHEL- Finance. S. 17. A bill to promote a new urban agen- BY, Mr. SMITH, Mr. STEVENS, Mr. By Mr. FEINGOLD: da, and for other purposes; to the Committee WARNER, and Mr. GRAMS): on Finance. S. 31. A bill to amend title II of the Social S. 45. A bill to amend the Helium Act to re- S. 18. A bill to provide improved access to Security Act to eliminate the earnings test quire the Secretary of the Interior to sell health care, enhance informed individual for individuals who have attained retirement Federal real and personal property held in choice regarding health care services, lower age; to the Committee on Finance. connection with activities carried out under health care costs through the use of appro- By Mr. BREAUX (for himself and Mr. the Helium Act, and for other purposes; to priate providers, improve the quality of JOHNSTON): the Committee on Energy and Natural Re- health care, improve access to long-term S. 32. A bill to amend the Internal Revenue sources. care, and for other purposes; to the Commit- Code of 1986 to provide a tax credit for the S. 46. A bill to amend the Federal Election tee on Finance. production of oil and gas from existing mar- Campaign Act of 1971 to provide for a vol- By Mr. NICKLES (for himself, Mr. ginal oil and gas wells and from new oil and untary system of spending limits and partial HELMS, Mr. SMITH, and Mr. GRASS- gas wells; to the Committee on Finance. public financing of Senate primary and gen- LEY): S. 33. A bill to amend the Oil Pollution Act eral election campaigns, to limit contribu- S. 19. A bill to amend title IV of the Social of 1990 to clarify the financial responsibility tions by multicandidate political commit- Security Act to enhance educational oppor- requirements for offshore facilities; to the tees, and for other purposes; to the Commit- tunity, increase school attendance, and pro- Committee on Environment and Public tee on Rules and Administration. mote self-sufficiency among welfare recipi- Works. By Mr. SARBANES: ents; to the Committee on Finance. S. 34. A bill to amend the Internal Revenue S. 47. A bill to amend certain provisions of By Mr. MOYNIHAN: Code of 1986 to treat geological, geophysical, title 5, United States Code, in order to en- S. 20. A bill to amend title 18, United and surface casing costs like intangible drill- sure equality between Federal firefighters States Code, with respect to the licensing of ing and development costs, and for other and other employees in the civil service and ammunition manufacturers, and for other purposes; to the Committee on Finance. other public sector firefighters, and for other purposes; to the Committee on the Judici- S. 35. A bill to amend the Internal Revenue ary. Code of 1986 to allow a tax credit for fuels purposes; to the Committee on Govern- By Mr. DOLE (for himself, Mr. produced from offshore deep-water projects; mental Affairs. LIEBERMAN, Mr. HELMS, Mr. THUR- to the Committee on Finance. By Mr. MCCAIN: MOND, Mr. MCCONNELL, Mr. LOTT, Mr. By Mr. KOHL: S. 48. A bill to amend title II of the Social FEINGOLD, Mr. D’AMATO, Mr. MCCAIN, S. 36. A bill to replace the Aid to Families Security Act to impose the social security Mr. BIDEN, Mr. MACK, Mr. KYL, Mr. with Dependent Children under title IV of earnings test on the retirement annuities of GORTON, Mr. HATCH, Mr. SPECTER, the Social Security Act and a portion of the Members of Congress; to the Committee on Mr. PACKWOOD, and Mr. CRAIG): food stamp program under the Food Stamp Governmental Affairs. S. 21. A bill to terminate the United States Act of 1977 with a block grant to give the By Mr. STEVENS (for himself and Mr. arms embargo applicable to the Government States the flexibility to create innovative MURKOWSKI): of Bosnia and Herzegovina; to the Committee welfare to work programs, and for other pur- S. 49. To amend the Federal Water Pollu- on Foreign Relations. poses; to the Committee on Finance. tion Control Act to modify the wetlands reg- January 4, 1995 CONGRESSIONAL RECORD — SENATE S 49 ulatory program corresponding to the low S. 64. A bill to amend title VII of the Pub- S. 77. A bill to restore the traditional ob- wetlands loss rate in Alaska and the signifi- lic Health Service Act to make certain grad- servance of Memorial Day and Veterans Day; cant wetlands conservation in Alaska, to uate programs in clinical psychology eligible to the Committee on the Judiciary. protect Alaskan property owners, and to to participate in various health professions S. 78. A bill to establish a temporary pro- ease the burden on overly regulated Alaskan loan programs, and for other purposes; to the gram under which parenteral cities, boroughs, municipalities, and vil- Committee on Labor and Human Resources. diacetylmorphine will be made available lages; to the Committee on Environment and S. 65. A bill to amend title VII of the Pub- through qualified pharmacies for the relief of Public Works. lic Health Service Act to establish a psychol- intractable pain due to cancer; to the Com- By Mr. LOTT (for himself, Mr. KYL, ogy post-doctoral fellowship program, and mittee on Labor and Human Resources. Mr. MACK, Mr. SHELBY, and Mr. WAR- for other purposes; to the Committee on S. 79. A bill to require the Secretary of Ag- NER): Labor and Human Resources. riculture to extend a nutrition assistance S. 50. A bill to repeal the increase in tax on S. 66. A bill to amend title VII of the Pub- program to American Samoa, and for other social security benefits; to the Committee on lic Health Serive Act to ensure that social purposes; to the Committee on Agriculture, Finance. work students or social work schools are eli- Nutrition, and Forestry. By Mr. THURMOND: gible for support under the Health Careers S. 80. A bill to amend the Perishable Agri- S. 51. A bill to amend title 28 of the United Opportunity Program, the Minority Centers cultural Commodities Act, 1930, to include States Code to clarify the remedial jurisdic- of Excellence Program, and programs of marketing of fresh cut flowers and fresh cut tion of inferior Federal courts; to the Com- grants for training projects in geriatrics, to foliage in the coverage of the Act, and for mittee on the Judiciary. establish a social work training program, other purposes; to the Committee on Agri- S. 52. A bill to provide that a justice or and for other purposes; to the Committee on culture, Nutrition, and Forestry. judge convicted of a felony shall be sus- Labor and Human Resources. S. 81. A bill to amend the Internal Revenue pended from office without pay; to the Com- S. 67. A bill to amend title 10, United Code of 1986 to provide a credit for the pur- mittee on the Judiciary. States Code, to authorize former members of chase of child restraint systems used in S. 53. A bill to amend title 18, United the Armed Forces who are totally disabled as motor vehicles; to the Committee on Fi- States Code, to prohibit any person who is the result of a service-connected disability nance. being compensated for lobbying the Federal to travel on military aircraft in the same S. 82. A bill to amend title 38, United Government from being paid on a contin- manner and to the same extent as retired States Code, to revise certain provisions re- gency fee basis; to the Committee on the Ju- members of the Armed Forces are entitled to lating to the appointment of clinical and diciary. travel on such aircraft; to the Committee on counseling psychologists in the Veterans S. 54. A bill to amend title 18 to limit the Armed Services. Health Administration, and for other pur- application of the exclusionary rule; to the S. 68. A bill to amend title 10, United poses; to the Committee on Veterans Affairs. Committee on the Judiciary. States Code, to authorize the appointment of S. 83. A bill to amend title 5, United States Mr. INOUYE: health care professionals to the positions of Code, to require the issuance of a prisoner- S. 55. A bill to amend title 38, United the Surgeon General of the Army, the Sur- of-war medal to civilian employees of the States Code, to deem certain service in the geon General of the Navy, and the Surgeon Federal Government who are forcibly de- organized military forces of the Government General of the Air Force; to the Committee tained or interned by an enemy government of the Commonwealth of the Philippines and on Armed Services. or a hostile force under wartime conditions; the Philippine Scouts to have been active S. 69. A bill to amend section 1086 of title to the Committee on Governmental Affairs. service for purposes of benefits under pro- S. 84. A bill to authorize the Secretary of 10, United States Code, to provide for pay- grams administered by the Secretary of Vet- Transportation to issue a certificate of docu- ment under CHAMPUS of certain health care erans Affairs; to the Committee on Veterans mentation and coastwise trade endorsement expenses incurred by certain members and Affairs. for the vessel BAGGER, and for other pur- former members of the uniformed services S. 56. A bill for the relief of Susan Rebola poses; to the Committee on Commerce, and their dependents to the extent that such Cardenas; to the Committee on the Judici- Science, and Transportation. expenses are not payable under medicare, ary. By Mr. FEINGOLD (for himself and Mr. and for other purposes; to the Committee on S. 57. A bill to amend the Immigration and SIMON): Armed Services. Nationality Act to facilitate the immigra- S. 85. A bill to provide for home and com- By Mr. DOLE (for Mr. MURKOWSKI (for tion to the United States of certain aliens munity-based services for individuals with himself, Mr. BREAUX, Mr. STEVENS, born in the Philippines or Japan who were disabilities, and for other purposes; to the and Mr. HEFLIN)): fathered by United States citizens; to the Committee on Finance. Committee on the Judiciary. S. 70. A bill to permit exports of certain S. 86. A bill to modify the estate recovery S. 58. A bill to increase the role of the Sec- domestically produced crude oil, and for provisions of the medicaid program to give retary of Transportation in administering other purposes; to the Committee on Bank- States the option to recover the costs of section 901 of the Merchant Marine Act, 1936, ing, Housing, and Urban Affairs. home and community-based services for indi- and for other purposes; to the Committee on By Mr. WELLSTONE (for himself, Mr. viduals over age 55, and for other purposes; Commerce, Science, and Transportation. FEINGOLD, and Mr. LAUTENBERG): to the Committee on Finance. S. 59. A bill to amend the Public Health S. 71. A bill regarding the Senate Gift By Mr. INOUYE: Service Act to provide health care practi- Rule; read the first time. S. 87. A bill to amend the Foreign Trade tioners in rural areas with training in pre- By Mr. INOUYE: Zones Act to permit the deferral of payment ventive health care, including both physical S. 72. A bill to direct the Secretary of the of duty on certain production equipment; to and mental care, and for other purposes; to Army to determine the validity of the claims the Committee on Finance. the Committee on Labor and Human Re- of certain Filipinos that they performed By Mr. HATFIELD: sources. military service on behalf of the United S. 88. A bill to increase the overall econ- S. 60. A bill to amend title VII of the Pub- States during World War II; to the Commit- omy and efficiency of Government oper- lic Health Service Act to revise and extend tee on Armed Services. ations and enable more efficient use of Fed- certain programs relating to the education S. 73. A bill to amend title 10, United eral funding, by enabling local governments of individuals as health professionals, and for States Code, to authorize certain disabled and private, nonprofit organizations to use other purposes; to the Committee on Labor former prisoners of war to use Department of amounts available under certain Federal as- and Human Resources. Defense commissary stores and post and base sistance programs in accordance with ap- S. 61. A bill to amend title XIX of the So- exchanges; to the Committee on Armed proved local flexibility plans; to the Com- cial Security Act to provide for coverage of Services. mittee on Governmental Affairs. services provided by nursing school clinics S. 74. A bill to amend title 10, United By Mr. INOUYE: under State medicaid programs, and for States Code, to provide for jurisdiction, ap- S. 89. A bill to amend the Science and En- other purposes; to the Committee on Fi- prehension, and detention of members of the gineering Equal Opportunities Act; to the nance. Armed Forces and certain civilians accom- Committee on Labor and Human Resource S. 62. A bill to amend title XVIII of the So- panying the Armed Forces outside the Unit- By Mr. HATFIELD: cial Security Act to remove the restriction ed States, and for other purposes; to the S. 90. A bill to amend the Job Training that a clinical psychologist or clinical social Committee on Armed Services. Partnership Act to improve the employment worker provide services in a comprehensive S. 75. A bill to allow the psychiatric or psy- and training assistance programs for dis- outpatient rehabilitation facility to a pa- chological examinations required under located workers, and for other purposes; to tient only under the care of a physician, and chapter 313 of title 18, United States Code, the Committee on Labor and Human Re- for other purposes; to the Committee on Fi- relating to offenders with mental disease or sources. nance. defect to be conducted by a clinical social By Mr. COVERDELL: S. 63. A bill to amend title XVIII of the So- worker; to the Committee on the Judiciary. S. 91. A bill to delay enforcement of the cial Security Act to provide improved reim- S. 76. A bill to recognize the organization National Voter Registration Act of 1993 until bursement for clinical social worker services known as the National Academies of Prac- such time as Congress appropriates funds to under the medicare program, and for other tice, and for other purposes; to the Commit- implement such Act; to the Committee on purposes; to the Committee on Finance. tee on the Judiciary. Rules and Administration. S 50 CONGRESSIONAL RECORD — SENATE January 4, 1995 By Mr. HATFIELD (for himself and By Mr. BAUCUS (for himself and Mr. lands or interests in lands to improve the Mrs. MURRAY): BURNS): management, protection, and administration S. 92. A bill to provide for the reconstitu- S. 103. A bill entitled the ‘‘Lost Creek Land of Colonial National Historical Park, and for tion of outstanding repayment obligations of Exchange Act of 1995’’; to the Committee on other purposes; to the Committee on Energy the Administrator of the Bonneville Power Energy and Natural Resources. and Natural Resources. Administration for the appropriated capital By Mr. D’AMATO: By Mr. WELLSTONE: investments in the Federal Columbia River S. 104. A bill to establish the position of S. 116. A bill to amend the Federal Election Power System; to the Committee on Energy Coordinator for Counter- Terrorism within Campaign Act of 1971 to provide for a vol- and Natural Resources. the office of the Secretary of State; to the untary system of spending limits and partial By Mr. HATFIELD: Committee on Foreign Relations. public financing of Senate primary and gen- S. 93. A bill to amend the Federal Land By Mr. DASCHLE (for himself, Mr. eral election campaigns, to prohibit partici- Policy and Management Act of 1976 to pro- CONRAD, Mr. DORGAN, Mrs. KASSE- pation in Federal elections by vide for ecosystem management, and for BAUM, and Mr. BAUCUS): multicandidate political committees, to es- other purposes; to the Committee on Energy S. 105. A bill to amend the Internal Reve- tablish a $100 limit on individual contribu- and Natural Resources. nue Code of 1986 to provide that certain cash tions to candidates, and for other purposes; By Mr. COVERDELL (for himself, Mrs. rentals of farmland will not cause recapture to the Committee on Governmental Affairs. HUTCHISON, Mr. SMITH, Mr. LOTT, Mr. of special estate tax valuation; to the Com- By Mr. WELLSTONE (for himself and KEMPTHORNE, Mr. MCCAIN, and Mr. mittee on Finance. Mr. FEINGOLD): WARNER): By Mr. DASCHLE: S. 117. A bill to amend rule XXXV of the S. 94. A bill to amend the Congressional S. 106. A bill to amend the Internal Reve- Standing Rules of the Senate; to the Com- Budget Act of 1974 to prohibit the consider- nue Code of 1986 to increase the standard mittee on Rules and Administration. ation of retroactive tax increases; to the mileage rate deduction for charitable use of By Mr. MOYNIHAN: Committee on the Budget and the Commit- passenger automobiles; to the Committee on S. 118. A bill to amend chapter 44 of title tee on Governmental Affairs, jointly, pursu- Finance. 18, United States Code, to prohibit the manu- ant to the order of August 4, 1977, with in- S. 107. A bill to amend the Internal Reve- facture, transfer, or importation of .25 cali- structions that if one Committee reports, nue Code of 1986 to allow a deduction for ber and .32 caliber and 9 millimeter ammuni- the other Committee have thirty days to re- travel expenses of certain loggers; to the tion; to the Committee on the Judiciary. port or be discharged. Committee on Finance. S. 119. A bill to tax 9 millimeter, .25 cali- By Mr. COVERDELL: By Mr. DASCHLE (for himself and Mr. ber, and .32 caliber bullets; to the Committee S. 95. A bill to ensure that no person is re- JEFFORDS): on Finance. quired, other than on a voluntary basis, to S. 108. A bill to amend the Internal Reve- S. 120. A bill to provide for the collection complete certain quarterly financial reports nue Code of 1986 to allow the energy invest- and dissemination of information on inju- of the Bureau of the Census; to the Commit- ment credit for solar energy and geothermal ries, death, and family dissolution due to tee on Governmental Affairs. property against the entire regular tax and bullet-related violence, to require the keep- By Mr. HATCH (for himself and Mr. the alternative minimum tax; to the Com- ing of records with respect to dispositions of KENNEDY): mittee on Finance. ammunition, and to increase taxes on cer- S. 96. A bill to amend the Public Health By Mr. DASCHLE (for himself, Mr. tain bullets; to the Committee on Finance. Service Act to provide for the conduct of ex- CONRAD, Mr. DORGAN, Mr. PRESSLER, By Mr. GRAMM: panded studies and the establishment of in- Mr. GRASSLEY, Mr. BAUCUS, Mr. S. 121. A bill to guarantee individuals and novative programs with respect to traumatic BURNS, and Mr. HARKIN): families continued choice and control over brain injury, and for other purposes; to the S. 109. A bill to amend the Internal Reve- their doctors and hospitals, to ensure that Committee on Labor and Human Resources. nue Code of 1986 relating to the treatment of health coverage is permanent and portable, By Mr. INOUYE: livestock sold on account of weather-related to provide equal tax treatment for all health S. 97. A bill to amend the Job Training conditions; to the Committee on Finance. insurance consumers, to control medical cost Partnership Act to provide authority for the By Mr. DASCHLE (for himself, Mr. inflation through medical savings accounts, construction of vocational education and job GRASSLEY, Mr. HARKIN, Mr. BREAUX, to reform medical liability litigation, to re- training centers for Native Hawaiians and Mr. BAUCUS, Mr. PRESSLER, Mr. duce paperwork, and for other purposes; to Native American Samoans, and for other CONRAD, Mr. BURNS, and Mr. DOR- the Committee on Finance. purposes; to the Committee on Labor and GAN): By Mr. MOYNIHAN: Human Resources. S. 110. A bill to amend the Internal Reve- S. 122. A bill to prohibit the use of certain By Mr. BRADLEY (for himself, Mr. nue Code of 1986 to provide that a taxpayer ammunition, and for other purposes; to the DASCHLE, and Mr. KERRY): may elect to include in income crop insur- Committee on the Judiciary. S. 98. A bill to amend the Congressional ance proceeds and disaster payments in the By Mr. MOYNIHAN (for himself and Budget Act of 1974 to establish a process to year of the disaster or in the following year; Mr. LIEBERMAN): identify and control tax expenditures; to the to the Committee on Finance. S. 123. A bill to require the Administrator Committee on the Budget and the Commit- By Mr. DASCHLE (for himself, Mr. of the Environmental Protection Agency to tee on Governmental Affairs, jointly, pursu- BREAUX, Mr. CAMPBELL, Mr. GLENN, seek advice concerning environmental risks, ant to the order of August 4, 1977, with in- Mr. HARKIN, Mr. JOHNSTON, and Mr. and for other purposes; to the Committee on structions that if one Committee reports, PRYOR): Environment and Public Works. the other Committee have thirty days to re- S. 111. A bill to amend the Internal Reve- By Mr. MOYNIHAN: port or be discharged. nue Code of 1986 to make permanent, and to S. 124. A bill to amend the Internal Reve- By Mrs. FEINSTEIN: increase to 100 percent, the deduction of self- nue Code of 1986 to increase the tax on hand- S. 99. A bill to provide for the conveyance employed individuals for health insurance gun ammunition, to impose the special occu- of lands to certain individuals in Butte costs; to the Committee on Finance. pational tax and registration requirements County, California; to the Committee on En- By Mr. DASCHLE (for himself, Mr. on importers and manufacturers of handgun ergy and Natural Resources. GRASSLEY, Mr. HARKIN, Mr. CONRAD, ammunition, and for other purposes; to the By Mr. GLENN: and Mr. DORGAN): Committee on Finance. S. 100. A bill to reduce Federal agency reg- S. 112. A bill to amend the Internal Reve- S. 125. A bill to authorize the minting of ulatory burdens on the public, improve the nue Code of 1986 with respect to the treat- coins to commemorate the 50th anniversary quality of agency regulations, increase agen- ment of certain amounts received by a coop- of the founding of the United Nations in New cy accountability for regulatory actions, erative telephone company; to the Commit- York City, New York; to the Committee on provide for the review of agency regulations, tee on Finance. Banking, Housing, and Urban Affairs. and for other purposes; to the Committee on By Mr. DASCHLE: S. 126. A bill to unify the formulation and Governmental Affairs. S. 113. A bill to amend the Internal Reve- execution of United States diplomacy; to the By Mr. LEVIN (for himself, Mr. COHEN, nue Code of 1986 to allow Indian tribes to re- Select Committee on Intelligence. Mr. GLENN, Mr. WELLSTONE, Mr. ceive charitable contributions of inventory; S. 127. A bill to improve the administration FEINGOLD, and Mr. LAUTENBERG): to the Committee on Finance. of the Women’s Rights National Historical S. 101. A bill to provide for the disclosure By Mrs. BOXER: Park in the State of New York, and for other of lobbying activities to influence the Fed- S. 114. A bill to authorize the Securities purposes; to the Committee on Energy and eral Government, and for other purposes; to and Exchange Commission to require greater Natural Resources. the Committee on Governmental Affairs. disclosure by municipalities that issue secu- S. 128. A bill to establish the Thomas Cole By Mr. GLENN: rities, and for other purposes; to the Com- National Historic Site in the State of New S. 102. A bill to amend the Nuclear Non- mittee on Banking, Housing, and Urban Af- York, and for other purposes; to the Commit- Proliferation Act of 1978 and the Atomic En- fairs. tee on Energy and Natural Resources. ergy Act of 1954 to improve the organization By Mr. WARNER (for himself and Mr. By Mr. MCCAIN (for himself and Mr. and management of United States nuclear ROBB): FEINGOLD): export controls, and for other purposes; to S. 115. A bill to authorize the Secretary of S. 129. A bill to amend section 207 of title the Committee on Governmental Affairs. the Interior to acquire and to convey certain 18, United States Code, to tighten the re- January 4, 1995 CONGRESSIONAL RECORD — SENATE S 51 strictions on former executive and legisla- struction contracts, promote small business calendar year ending before the beginning of tive branch officials and employees; to the participation in Federal contracting, reduce such fiscal year; to the Committee on the Committee on Governmental Affairs. unnecessary paperwork and reporting re- Judiciary. By Mr. LIEBERMAN (for himself, Mr. quirements, and for other purposes; to the By Mr. THURMOND: JEFFORDS, Mr. MOYNIHAN, and Mr. Committee on Labor and Human Resources. S.J. Res. 4. A joint resolution proposing an LAUTENBERG): By Mrs. KASSEBAUM: amendment to the Constitution relating to a S. 130. A bill to amend title 13, United S. 142. A bill to stengthen the capacity of Federal balanced budget; to the Committee States Code, to require that any data relat- State and local public health agencies to on the Judiciary. ing to the incidence of poverty produced or carry out core functions of public health, by S.J. Res. 5. A joint resolution proposing an published by the Secretary of Commerce for eliminating administrative barriers and en- amendment to the Constitution of the Unit- subnational areas is corrected for differences hancing State flexibility, and for other pur- ed States; to the Committee on the Judici- in the cost of living in those areas; to the poses; to the Committee on Labor and ary. Committee on Governmental Affairs. Human Resources. By Mr. THURMOND (for himself, Mr. By Mr. LIEBERMAN: S. 143. A bill to consolidate Federal em- FAIRCLOTH, Mr. LOTT, and Mr. SHEL- S. 131. A bill to specifically exclude certain ployment training programs and create a BY): programs from provisions of the Electronic new process and structure for funding the S.J. Res. 6. A joint resolution proposing an Funds Transfer Act; to the Committee on programs, and for other purposes; to the amendment to the Constitution of the Unit- Banking, Housing, and Urban Affairs. Committee on Labor and Human Resources. ed States relating to voluntary school pray- By Mr. MOYNIHAN (for himself and By Mr. LOTT (for Mr. HATCH): er; to the Committee on the Judiciary. Mr. INOUYE): S. 144. A bill to amend section 526 of title By Mr. BYRD (for himself and Mr. S. 132. A bill to require a separate, unclas- 28, United States Code, to authorize awards HELMS): sified statement of the aggregate amount of of attorney’s fees; read the first time. S.J. Res. 7. A joint resolution proposing an budget outlays for intelligence activities; to By Mr. GRAMM (for himself, Mr. LOTT, amendment to the Constitution of the Unit- the Committee on Governmental Affairs. Mr. BURNS, Mrs. HUTCHISON, Mr. ed States to clarify the intent of the Con- By Mr. MOYNIHAN: THOMAS, and Mr. INHOFE): stitution to neither prohibit nor require pub- S. 133. A bill to establish the Lower East S. 145. A bill to provide appropriate protec- lic school prayer; read the first time. Side Tenement Museum National Historic tion for the Constitutional guarantee of pri- By Mr. COVERDELL (for himself, Mrs. Site, and for other purposes; to the Commit- vate property rights, and for other purposes; HUTCHISON, Mr. SMITH, Mr. LOTT, Mr. tee on Energy and Natural Resources. to the Committee on Governmental Affairs. KEMPTHORNE, Mr. CRAIG, Mr. SHELBY, S. 134. A bill to provide for the acquisition By Mr. GRAMM: Mr. MCCAIN, Mr. WARNER, and Mr. of certain lands formerly occupied by the S. 146. A bill to authorize negotiation of ROTH): Franklin D. Roosevelt family, and for other free trade agreements with the countries of S.J. Res. 8. A joint resolution proposing an purposes; to the Committee on Energy and the Americas, and for other purposes; to the amendment to the Constitution of the Unit- Natural Resources. Committee on Finance. ed States to prohibit retroactive increases in By Mr. HATCH: S. 147. A bill to amend the Internal Reve- taxes; to the Committee on the Judiciary. S. 135. A bill to establish a uniform and nue Code of 1986 to increase the personal ex- By Mr. HATCH (for himself, Mr. more efficient Federal process for protecting emption for dependents to $5,000, and for BROWN, Mr. ABRAHAM, Mr. LOTT, Mr. property owners’ rights guaranteed by the other purposes; to the Committee on Fi- KEMPTHORNE, Mr. SHELBY, Mr. SMITH, fifth amendment; to the Committee on the nance. and Mr. THOMAS): Judiciary. S. 148. A bill to promote the integrity of S.J. Res. 9. A joint resolution proposing an By Mr. THURMOND: investment advisers; to the Committee on amendment to the Constitution of the Unit- S. 136. A bill to amend title 1 of the United Banking, Housing, and Urban Affairs. ed States barring Federal unfunded man- States Code to clarify the effect and applica- S. 149. A bill to require a balanced Federal dates to the States; to the Committee on the tion of legislation; to the Committee on the budget by fiscal year 2002 and each year Judiciary. Judiciary.. therafter, to protect Social Security, to pro- By Mrs. FEINSTEIN: By Mr. BRADLEY (for himself, Mr. vide for zero- based budgeting and decennial S.J. Res. 10. A joint resolution to designate CAMPBELL, Mr. COATS, and Mr. ROBB): sunsetting, to impose spending caps on the the visitors center at the Channel Islands S. 137. A bill to create a legislative item growth of entitlements during fiscal years National Park, California, as the ‘‘Robert J. veto by requiring separate enrollment of 1996 through 2002, and to enforce those re- Lagomarsino Visitors Center’’; to the Com- items in appropriations bills and tax expend- quirements through a budget process involv- mittee on Energy and Natural Resources. iture provisions in revenue bills; to the Com- ing the President and Congress and seques- By Mr. SHELBY: mittee on Rules and Administration. tration; to the Committee on the Judiciary. S.J. Res. 11. A joint resolution proposing By Mrs. BOXER (for herself and Mrs. By Mr. DOLE (for himself, Mr. HATCH, an amendment to the Constitution of the FEINSTEIN): Mr. SIMON, Mr. THURMOND, Mr. HEF- United States which requires (except during S. 138. A bill to amend the Act commonly LIN, Mr. CRAIG, Ms. MOSELEY- BRAUN, time of war and subject to suspension by the referred to as the ‘‘Johnson Act’’ to limit the Mr. BROWN, Mr. KOHL, Mr. SIMPSON, Congress) that the total amount of money authority of States to regulate gambling de- Mr. GRASSLEY, Mr. SPECTER, Mr. expended by the United States during any vices on vessels; to the Committee on Com- KYL, Mrs. FEINSTEIN, Mr. NICKLES, fiscal year not exceed the amount of certain merce, Science, and Transportation. Mr. MURKOWSKI, Mr. BRYAN, Mrs. revenue received by the United States during By Ms. SNOWE: HUTCHISON, Mr. EXON, Mr. SHELBY, such fiscal year and not exceed 20 per cen- S. 139. A bill to provide that no State or Mr. CAMPBELL, Mr. SMITH, Mr. COHEN, tum of the gross national product of the local government shall be obligated to take Mr. PRESSLER, Mr. GREGG, Mr. GOR- United States during the previous calendar any action required by Federal law enacted TON, Mr. ASHCROFT, Mr. BURNS, Mr. year; to the Committee on the Judiciary. after the date of the enactment of this Act MCCONNELL, Mr. INHOFE, Mr. GRAMM, By Mr. GRAMM: unless the expenses of such government in Mr. LOTT, Mr. DEWINE, Ms. SNOWE, S.J. Res. 12. A joint resolution proposing a taking such action are funded by the United Mr. THOMPSON, Mr. ROTH, Mr. LUGAR, balanced budget amendment to the Constitu- States; to the Committee on Governmental Mr. BOND, Mr. THOMAS, Mr. tion of the United States; to the Committee Affair COVERDELL, Mr. SANTORUM, Mr. on the Judiciary. By Mrs. KASSEBAUM (for herself, Mr. GRAMS, and Mr. MACK): BENNETT, and Mr. BROWN): S.J. Res. 1. A joint resolution proposing an f S. 140. A bill to shift financial responsibil- amendment to the Constitution of the Unit- ity for providing welfare assistance to the ed States to require a balanced budget; to SUBMISSION OF CONCURRENT AND States and shift financial responsibility for the Committee on the Judiciary. SENATE RESOLUTIONS providing medical assistance under title XIX By Mr. THURMOND (for himself, Mr. The following concurrent resolutions of the Social Security Act to the Federal DOLE, and Mr. SIMPSON): Government, and for other purposes; to the S.J. Res. 2. A joint resolution proposing an and Senate resolutions were read, and Committee on Finance. amendment to the Constitution of the Unit- referred (or acted upon), as indicated: By Mrs. KASSEBAUM (for herself, Mr. ed States to allow the President to veto By Mr. DOLE (for himself and Mr. JEFFORDS, Mr. CHAFEE, Mr. COATS, items of appropriation; to the Committee on DASCHLE): Mr. GREGG, Mr. BROWN, Mr. CRAIG, the Judiciary. S. Res. 1. A resolution informing the Presi- Mr. NICKLES, Mr. COCHRAN, Mr. DO- By Mr. KYL: dent of the United States that a quorum of MENICI, Mr. GRASSLEY, Mr. SIMPSON, S.J. Res. 3. A joint resolution proposing an each House is assembled; considered and Mr. WARNER, Mr. PRESSLER, and Mr. amendment to the Constitution of the Unit- agreed to. GRAMS): ed States to provide that expenditures for a By Mr. DASCHLE: S. 141. A bill to repeal the Davis-Bacon Act fiscal year shall neither exceed revenues for S. Res. 2. A resolution informing the House of 1931 to provide new job opportunities, ef- such fiscal year nor 19 per centrum of the of Representatives that a quorum of the Sen- fect significant cost savings on Federal con- Nation’s gross national product for the last ate is assembled; considered and agreed to. S 52 CONGRESSIONAL RECORD — SENATE January 4, 1995 By Mr. COCHRAN: dent pro tempore of the United States Sen- By Mr. HELMS: S. Res. 3. A resolution fixing the hour of ate; considered and agreed to. S. Res. 21. A resolution to amend Senate daily meeting of the Senate; considered and By Mr. LOTT: Resolution 338 (which establishes the Select agreed to. S. Res. 12. A resolution notifying the House Committee on Ethics) to change the mem- By Mr. DOLE (for himself and Mr. of Representatives of the election of the bership of the select committee from mem- BYRD): Honorable Sheila Burke as Secretary of the bers of the Senate to private citizens. S. Res. 4. A resolution to elect the Honor- Senate; considered and agreed to. By Mr. INOUYE: able Strom Thurmond of the State of South By Mr. DOLE: S. Res. 22. A resolution to express the sense of the Senate reaffirming the cargo pref- Carolina, to be President pro tempore of the S. Res. 13. A resolution amending Rule Senate of the United States; considered and erence policy of the United States; to the XXV; considered and agreed to. Committee on Commerce, Science, and agreed to. S. Res. 14. A resolution amending para- By Mr. COCHRAN: Transportation. graph 2 of Rule XXV. By Mr. HATFIELD: S. Res. 5. A resolution notifying the Presi- By Mr. LOTT (for Mr. DOLE): S. Res. 23. A resolution to express the sense dent of the United States of the election of S. Res. 15. A resolution making majority of the Senate that the Oregon Option project a President pro tempore; considered and party appointments to certain Senate com- has the potential to improve intergovern- agreed to. mittees for the 104th Congress; considered mental service delivery by shifting account- By Mr. DOLE: and agreed to. ability from compliance to performance re- S. Res. 6. A resolution electing Sheila By Mr. DASCHLE: sults and that the Federal Government Burke as the Secretary of the Senate; con- S. Res. 16. A resolution to make minority should continue in its partnership with the sidered and agreed to. party appointments to Senate Committees State and local governments of Oregon to S. Res. 7. A resolution electing Howard O. under paragraph 2 of Rule XXV for the One fully implement the Oregon Option; to the Greene, Jr., as the Sergeant at Arms and Hundred and Fourth Congress; considered Committee on Governmental Affairs. Doorkeeper of the Senate; considered and and agreed to. By Mr. DOLE (for himself and Mr. agreed to. S. Res. 17. A resolution to amend para- DASCHLE): S. Res. 8. A resolution electing Elizabeth graph 4 of rule XXV of the Standing Rules of S. Res. 24. A resolution providing for the B. Greene, as Secretary of the Majority of broadcasting of press briefings on the Floor the Senate; considered and agreed to. the Senate; considered and agreed to. prior to the Senate’s daily convening; to the By Mr. LOTT (for Mr. DOLE): S. Res. 9. A resolution notifying the Presi- Committee on Rules and Administration. S. Res. 18. A resolution relating to the re- dent of the United States of the elections of By Mr. LOTT: the Secretary of the Senate; considered and appointment of Michael Davidson; consid- S. Res. 25. A resolution relating to section agreed to. ered and agreed to. 6 of Senate Resolution 458 of the 98th Con- By Mr. DASCHLE: By Mr. LOTT: gress. S. Res. 10. A resolution electing C. Abbott S. Res. 19. A resolution to express the sense By Mr. DOLE (for himself and Mr. Saffold as the Secretary for the Minority of of the Senate relating to committee funding. DASCHLE): the Senate; considered and agreed to. S. Res. 20. A resolution making majority S. Con. Res. 1. A concurrent resolution pro- By Mr. FORD: party appointments to certain Senate com- viding for television coverage of open con- S. Res. 11. A resolution notifying the House mittees for the 104th Congress; considered ference committee meetings; to the Commit- of Representatives of the election of a Presi- and agreed to. tee on Rules and Administration.

N O T I C E Incomplete record of Senate proceedings. Except for concluding business which follows, today’s Senate proceedings will be continued in the next issue of the Record.

ADJOURNMENT UNTIL TOMORROW DEPARTMENT OF THE TREASURY SUPERIOR COURT OF THE DISTRICT OF COLUMBIA AT 10 A.M. ROBERT E. RUBIN, OF NEW YORK, TO BE SECRETARY OF RONNA LEE BECK, OF THE DISTRICT OF COLUMBIA, TO THE TREASURY, VICE LLOYD BENTSEN, RESIGNED. BE AN ASSOCIATE JUDGE OF THE SUPERIOR COURT OF Mr. LOTT. Mr. President, I renew my THE DISTRICT OF COLUMBIA FOR THE TERM OF 15 previous request. INTERNATIONAL BANKS YEARS, VICE BRUCE D. BEAUDIN, RESIGNED. LINDA KAY DAVIS, OF THE DISTRICT OF COLUMBIA, TO There being no objection, the Senate, ROBERT E. RUBIN, OF NEW YORK, TO BE U.S. GOVERNOR BE AN ASSOCIATE JUDGE OF THE SUPERIOR COURT OF at 9:10 p.m., adjourned until Thursday, OF THE INTERNATIONAL MONETARY FUND FOR A TERM THE DISTRICT OF COLUMBIA FOR THE TERM OF 15 OF 5 YEARS; U.S. GOVERNOR OF THE INTERNATIONAL YEARS, VICE GLADYS KESSLER, ELEVATED. January 5, 1995, at 10 a.m. BANK FOR RECONSTRUCTION AND DEVELOPMENT FOR A ERIC T. WASHINGTON, OF THE DISTRICT OF COLUMBIA, TERM OF 5 YEARS; U.S. GOVERNOR OF THE INTER-AMER- f TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR COURT ICAN DEVELOPMENT BANK FOR A TERM OF 5 YEARS; U.S. OF THE DISTRICT OF COLUMBIA FOR THE TERM OF 15 GOVERNOR OF THE AFRICAN DEVELOPMENT BANK FOR A YEARS, VICE RICARDO M. URBINA, ELEVATED. NOMINATIONS TERM OF 5 YEARS; U.S. GOVERNOR OF THE ASIAN DEVEL- OPMENT BANK; U.S. GOVERNOR OF THE AFRICAN DEVEL- Executive nominations received by OPMENT FUND; U.S. GOVERNOR OF THE EUROPEAN BANK the Senate January 4, 1995: FOR RECONSTRUCTION AND DEVELOPMENT. January 4, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E1 EXTENSIONS OF REMARKS

REFORM IMMIGRATION LAWS confront it. However, there is another problem alien. This is a reliable and fair way to ensure that is more complex, and just as pressing. I that those immigrants who wish to come to HON. BOB STUMP am referring to legal immigration. We are cur- this country will not wind up on our already- OF ARIZONA rently experiencing unprecedented levels of overburdened welfare rolls. Mr. Speaker, as Members of the U.S. Con- IN THE HOUSE OF REPRESENTATIVES legal immigrants, perhaps 15 million in the 1990’s. Through ill-conceived immigration gress, we have an obligation to the American Wednesday, January 4, 1995 laws, we are accommodating people in other people to restore a sense of fairness and re- Mr. STUMP. Mr. Speaker, today, this first countries who wish to live here with little re- sponsibility to our immigration laws. I believe day of the 104th Congress, I am introducing a gard for those already here, citizens and immi- that my bills take a significant step toward ful- package of three immigration reform bills that grants alike. filling that obligation. I urge my colleagues to deserve top priority as the new Congress Mr. Speaker, it is time to take a break, a join me. works to make America a better place to live. temporary pause, from the uncontrolled immi- f As I am sure many of my colleagues in this gration that has resulted in overcrowded REPEAL OF SECTION 903 body experienced on the campaign trail last schools and hospitals, scarce employment, in- year, Americans are deeply concerned about adequate housing, and a deteriorating stand- immigration and its impact on their lives. They ard of living. I am proposing, through the Im- HON. JAMES A. TRAFICANT, JR. are anxious about the changing face of this migration Moratorium Act of 1995, that we limit OF OHIO country and the problems associated with our immigration to the spouses and minor children IN THE HOUSE OF REPRESENTATIVES system of immigration. I don’t blame them. On of U.S. citizens, legitimate refugees, and those Wednesday, January 4, 1995 any given day, there are countless news re- immigrants who have been waiting in the im- Mr. TRAFICANT. Mr. Speaker, the United ports about the destructive consequences of migration backlog for more than 10 years. This States taxes the income of its citizens and our dysfunctional immigration policies. But one would bring our immigration numbers in line corporations whether it is earned at home or need not rely on the media for an under- with the traditional U.S. average of about abroad. The U.S. foreign tax credit provides standing of this issue, as more and more 297,000 per year. relief to U.S. taxpayers from the double-tax- Americans are getting firsthand knowledge of I am convinced that my moratorium bill ation so they will not determine where a com- the ill-effects of out-of-control immigration. would yield highly positive results. A morato- pany invests. Nevertheless, when Congress At the forefront of the immigration debate is rium would allow us to begin absorbing and adopted the section 903 of the Internal Rev- illegal immigration. After all, many States, in- assimilating the millions of newcomers who enue Code, an unfair tax advantage was given cluding my State of Arizona, have been hard- have settled here in recent years and also to companies that invest abroad. For that rea- pressed to find the resources required to deal give us an opportunity to revamp our mis- son, I have introduced legislation to repeal with this growing problem. They have had to guided and outdated policies to suit the reali- section 903. resort to filing suit against the Federal Govern- ties of today’s America. Furthermore, an addi- Mr. Speaker, section 903 extends credibility ment for reimbursement. And, let us not forget tional benefit of a moratorium is that it would to those foreign taxes imposed in lieu of for- what took place in California last November. free up manpower and resources to deal with eign income taxes. This means that all foreign Through the passage of proposition 187, Cali- illegal immigration. taxes such as foreign sales, excise, and value fornians overwhelmingly conveyed a message I realize that some of my colleagues believe added taxes are creditable as business costs that they will no longer be the victims in the it to be politically unpopular to advocate a re- towards their foreign taxes paid. There is no illegal immigration crisis. It is just a matter of duction in legal immigration. However, I would constraint on the type of foreign tax that can time before other States follow California’s like to point out that as immigration levels be credited. This leaves domestic U.S. compa- lead. have risen, so has public opinion turned nies at a distinct disadvantage. They are only These actions prove that the Congress has against increased immigration. A CNN/USA able to deduct taxes that are in lieu of income been negligent in its duty to put forth an immi- Today poll found that 76 percent of Americans taxes. gration policy that is fair and responsible and feel immigration should be stopped or reduced Mr. Speaker, section 903 was enacted in in the best interests of the States and the until the economy improves. And, all opinion 1942 when certain countries taxed companies American people. Through congressional inac- surveys show that the sentiment to restore a on a different basis from our concept of net in- tion we have sent a message to other coun- more modest immigration flow is about as come. These countries were less sophisticated tries that our borders are insecure, that we strong among noncitizens as among citizens, and imposed taxes on a gross income basis, don’t have an interest in enforcing our laws, and among nonwhite Americans as among while the United States concept of net income and that we have a never ending supply of white Americans. I encourage the Members of had become quite refined. In order to make up public assistance benefits. this body to give these statistics serious con- for the difference, Congress extended credit to We must act now to correct this perception. sideration before abandoning the idea of re- all foreign taxes. Since 1942, however, foreign That is why I am introducing the Immigration ducing legal immigration. tax systems have become quite sophisticated. Accountability Act of 1995. This bill goes to The last bill of my immigration reform pack- Thus, the scope of section 903 has been ex- the heart of the illegal immigration crisis by age, the Immigrant Financial Responsibility panded to include a credit for taxes paid to prohibiting the payment of Federal benefits to and Sponsorship Act of 1995, is directed at foreign countries in lieu of foreign income tax. illegals and ending the practice of conferring rapidly growing immigrant welfare use. The Mr. Speaker, creditable foreign taxes must citizenship on the children of illegal aliens. In percentage of immigrants below the poverty be limited to income taxes and taxes of similar addition, the bill would strengthen our often- line is 50 percent higher than that of natives. nature. This is because under present law in- abused asylum system by providing for the ex- Even more astonishing is that the estimated direct taxes and other taxes in lieu of taxes peditious processing of meritorious claims and 1993 public assistance and services costs for can be shifted onto either consumers or labor. the prompt exclusion of those who attempt to immigrants was $10.42 billion. At a time when A tax is shifted when a corporation is able to defraud the system. Finally, the bill calls for a we are searching for ways to reform the wel- maintain its profits at their pre-tax level despite significant increase in the border patrol. By in- fare system in this country it would be foolish paying an income tax by raising prices. There- creasing our border security and eliminating to let this costly trend continue. fore, these companies are receiving relief from these compelling illegal immigration incentives, Under my bill, aliens would be required to a tax burden in the form of tax credits that I believe we can turn the tide of illegal immi- demonstrate that they are unlikely to become they do not bear. The consumers and workers gration. a public charge. If they cannot do so, they will incur part of the burden of the tax. Illegal immigration is a serious problem and not be admitted to the United States unless a Mr. Speaker, the foreign tax credit should I am delighted that many Members of the new suitable sponsor gives a proper bond and be designed to provide relief from double-tax- Congress have expressed their willingness to guarantees financial responsibility for the ation and to make sure that tax incentives do

∑ 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.

VerDate Mar 15 2010 04:40 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 D:\FIX-CR\1995\E04JA5.REC E04JA5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE E2 CONGRESSIONAL RECORD — Extensions of Remarks January 4, 1995 not exist. Taxes in lieu of should instead be BUDGET CONCERNS of other countries with GATT will have to be deductible to relieve only the portion of the tax Because the U.S. has agreed to reduce its closely monitored. borne by the taxpayer. Until section 903 is re- tariffs by an average of 1.6%, certain federal CONCLUSION pealed, more countries may adjust their tax revenues will decrease. The Congressional GATT should mean more secure, high-pay- laws in order to take advantage of section Budget Office estimates this loss will be $11.9 ing jobs for Hoosiers and a better standard of billion over the next five years. To offset it, living. The U.S. cannot afford to pass up the 903. In my district, thousands of jobs have the package approved by Congress cuts been lost when companies moved their oper- economic benefits of GATT. The WTO should spending in a number of programs, charges be a strong advocate for U.S. interests while ations overseas. It is appalling to think that our fees for certain customs services and broad- protecting our sovereignty, and free and fair tax system gave them incentives to do so. cast licenses, and closes some tax loopholes. trade will continue to promote peace and Mr. Speaker, I urge all Members to cospon- More importantly, GATT’s impact on the prosperity around the globe. sor this important piece of legislation. economy—new jobs and more exports— should create new federal income tax rev- f f enue that greatly exceeds any reduction in INTRODUCTION OF LEGISLATION GATT tariff revenue. GATT-related economic ac- TO AMEND THE ALASKA NATIVE tivity is estimated to reduce the federal def- CLAIMS SETTLEMENT ACT OF icit by some $60 billion over the next ten HON. LEE H. HAMILTON years. GATT is fiscally responsible. 1971 OF INDIANA WORLD TRADE ORGANIZATION IN THE HOUSE OF REPRESENTATIVES At the direction of Congress in 1988, U.S. HON. DON YOUNG Wednesday, January 4, 1995 negotiators sought a stronger enforcement OF ALASKA mechanism against unfair trade practices. IN THE HOUSE OF REPRESENTATIVES Mr. HAMILTON. Mr. Speaker, I would like to Under the new agreement, the World Trade Wednesday, January 4, 1995 insert my Washington Report for Wednesday, Organization [WTO] would replace the infor- December 14, 1994 into the CONGRESSIONAL mal negotiating group that has existed for Mr. YOUNG of Alaska. Mr. Speaker, I am RECORD. almost fifty years. In the past, a country pleased to introduce a bill to amend the Alas- GATT with unfair trade practices could refuse to ka Native Claims Settlement Act of 1971 at Congress recently approved one of the obey a ruling and not lose benefits. Now, un- the request of Cook Inlet Region, Inc. [CIRI]. most important—and controversial—meas- fair traders have to obey the rulings or face Congress enacted the Alaska Native Claims still consequences. ures of 1994: the latest expansion of the 47- Settlement Act [ANCSA] in 1971 to address year old General Agreement on Tariffs and The WTO would issue rulings on trade dis- putes concerning goods, services, and intel- claims to lands in Alaska by its Eskimo, In- Trade [GATT]. It is the most ambitious dian, and Aleut native people. Lands and trade agreement in history. lectual property. For example, Canada could The agreement among 124 nations, nego- file a complaint against Japan for unfairly other benefits transferred to Alaska Natives tiated over seven years, will lower tariffs restricting Canadian wheat imports. If the under the act were conveyed to corporations (import taxes) by one third, reduce inter- WTO agreed with Canada, and Japan refused formed under the act. Alaska Natives enrolled national subsidies for farm exports, to change its practices, Japan would have to to these corporations were issued shares in strengthen protections for patents and in- pay compensation or be subject to Canadian the corporation. CIRI is one of the corpora- trade penalties. ventions, and take steps toward regulating tions formed under ANCSA and has approxi- SOVEREIGNTY trade in services and investment. Congress mately 6,262 Alaska Natives enrolled, each of held dozens of hearings on the negotiations Many Hoosiers believe that any inter- whom were issued 100 shares of stock in and passed numerous measures to guide the national trade council should not infringe on Reagan, Bush, and Clinton administrations U.S. sovereignty. I strongly agree, and I CIRI, as required under ANCSA. in their pursuit of U.S. trade interests. Last worked hard to include strict safeguards in ANCSA stock, unlike most corporate stock, week both the House and the Senate passed the package to protect our sovereignty. cannot be sold, transferred, or pledged by the GATT by overwhelming margins. Dozens of First, GATT will continue to make nearly owners of the shares. Rather, transfers can Indiana manufacturers and farm groups all decisions by consensus—there has not only happen through inheritance, or in limited urged passage of GATT, while many other been a vote in more than thirty years. Sec- case, by court decree. The ANCSA provisions Hoosiers expressed concern about protecting ond, the WTO cannot change any U.S. laws restricting the sale of stock were put in place U.S. interests. The intense debate on GATT or policies. Only Congress and the President to protect Native shareholders from knowl- focused on three main issues: the impact of can do that, and no WTO ruling has any GATT on American jobs, on the budget def- standing in U.S. courts. Third, we can with- edgeable or unscrupulous transactions, and to icit, and on U.S. sovereignty. draw from the WTO at any time or pass leg- allow the corporation to grow and mature in JOBS AND ECONOMIC GROWTH islation overriding any part of GATT. With order to provide long-lasting benefits to its Many people have expressed concern about my support, Congress and the President also shareholder. the impact of GATT on U.S. jobs, yet the agreed to create a special U.S. panel to re- The drafters of ANCSA initially believed that case for job growth under GATT is strong. view WTO decisions. If this panel identifies a period of 20 years would be a sufficient GATT commits 124 countries to reduce tariff three unfavorable WTO rulings, any Member amount of time for the restrictions on sale to taxes for agriculture, services, and manufac- of Congress can demand an immediate vote remain in place. Therefore, the restrictions tured goods, with the global savings totaling on withdrawing from the WTO. Finally, the United States has the world’s largest market were to expire 20 years after passage of $744 billion over ten years. Since the U.S. ANCSA on December 31, 1991. economy is already one of the fairest and and most powerful economy. Other countries are not likely to impose trade sanctions in As 1991 approached, bringing with it the im- most open in the world, other countries will pending change in the alienability of Native be reducing their tariffs and restrictions WTO disputes for fear of getting into a trade much more than we will. The U.S. should be war with the U.S. stock, the Alaska Native community grew con- the biggest winner under the expanded CONSEQUENCES OF REJECTION cerned about the effect of the potential sale of GATT, and the agreement should give our Failure by the U.S. to ratify the agreement Native stock. The Alaska Federation of Na- economy a boost. would have meant an enormous missed op- tives, a statewide organization representing Lower trade barriers and tariffs will save portunity and an abdication of our inter- the State’s 90,000 natives, spearheaded a leg- U.S. consumers money and also create jobs national leadership. The U.S. dominated the islative initiative to address the 1991 stock through more exports and new investment. negotiations: how could other countries have sale issue. Many of the Native corporations, The Council of Economic Advisors estimates confidence in us if we failed to approve an including CIRI, actively solicited their share- that within a decade GATT will boost U.S. agreement so beneficial to our interests? economic output by $100–200 billion a year. Without this agreement, countries would holders’ view on this critical matter, through GATT should directly benefit many Hoosier erect new trade barriers, and protectionism meetings, questionnaires, polling, and formal workers. Indiana manufacturers will see a would rise. All of our economies would suf- votes. In 1987, 3 years prior to the 1991 re- 33% reduction in tariffs on their products. fer. Democratic reforms would slow, shaky striction-lifting date, Congress enacted legisla- Distillers will benefit from lower tariffs on financial markets could boost interest rates, tion which reformed the mechanism governing U.S. spirits, and copyright protections will and world stability—so closely tied to eco- stock sale restrictions in a fundamental way outlaw counterfeit foreign products. Accord- nomic cooperation—could be undermined. under the 1987 amendments, instead of expir- ing to the Indiana Farm Bureau, Hoosier Of course, GATT is not perfect. As a trade farmers can expect an additional $1.05 billion agreement it does not directly address im- ing automatically in 1991, the restrictions on in income from GATT over ten years. Over- portant concerns such as child labor or polit- alienability continue automatically unless and all, GATT could add $1,700 to the annual in- ical freedom, but GATT does increase the in- until the shareholders of a Native corporation come of the average U.S. family within a centives for other countries to cooperate vote to remove them. The 1987 amendments decade. with us on these issues. Overall compliance provide several procedural mechanisms to

VerDate Mar 15 2010 04:40 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 D:\FIX-CR\1995\E04JA5.REC E04JA5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE January 4, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E3 bring such a vote, including action by the INTRODUCTION OF HEALTH INSUR- El Paso is one of the most important border board of directors and petitions by share- ANCE DEDUCTION FOR SELF-EM- crossings in the world. Over $12 billion in holder. PLOYED BUSINESS OWNERS trade passes over the El Paso-Ciudad Juarez, Chihuahua border each year; 18 percent of To date, no Native corporation has sought United States exports to and 25 percent of to life the alienability restrictions. Fundamen- HON. RICHARD E. NEAL OF MASSACHUSETTS United States imports from Mexico pass tally, this is because Native shareholders con- through this trans-border metropolitan region. tinue to value Native ownership of the cor- IN THE HOUSE OF REPRESENTATIVES Wednesday, January 4, 1995 Furthermore, it is the busiest point of entry for porations and Native control of the lands and commercial trucks. In light of the fact that the other assets held by them. Mr. NEAL of Massachusetts. Mr. Speaker, trade volume transported through this port of CIRI has conducted a number of continuing prior to December 1993, self-employed busi- entry is projected to nearly double by the year surveys, focus groups, and special share- ness owners were allowed to deduct 25 per- 2000, and that the population of the El Paso holder meetings to ascertain the views of its cent of the cost of their health insurance and area is one of the fastest-growing in the Na- shareholders regarding the alienation restric- this deduction has expired. I am introducing tion, the highways and border infrastructure of tions on CIRI stock. Two results have consist- legislation that will make the cost of health in- this area warrant our particular attention. ently stood out in these assessments. surance deductible for self-employed business But we must bear in mind that El Paso is owners. only one point on a trade route that extends First, the majority of CIRI shareholders favor The purpose of this legislation is to restore from the Mexican State of Chihuahua into the maintaining Native ownership and control of and to make permanent the 25 percent deduc- interior portion of the United States. A natural CIRI. These shareholders, whose numbers tion and to gradually increase the deduction to trade corridor is emerging from the Mexican consistently register at the 70 to 80 percent 100 percent. The bill phases in the 100 per- border State of Chihuahua to Denver through level, see economic benefits in the continu- cent deduction over a period of 4 years. For El Paso and New Mexico. The Mexican Gov- ation of Native ownership, and also value the calendar years 1994 and 1995, health insur- ernment has already demonstrated its commit- important cultural goals, values and activities ance would be 25 percent deductible; in 1996 ment to the region, with the construction of a of their ANCSA corporation. and 1997 it would become 50 percent deduct- new highway system that extends to the State ible; and in 1996 and thereafter health insur- Second, a significant percentage, albeit a of Chihuahua through several of Mexico’s larg- ance would become 100 percent deductible. minority of shareholders, favor assessing est cities in the industrialized north—a high- Increasing the deduction to 100 percent would some, or all, of the value of their CIRI stock way over 600 miles long. On the U.S. side, provide small businesses with an incentive to through the sale of that stock. These share- the emerging corridor bears great resem- provide expanded health insurance coverage. blance to the highway systems designated by holders include, but, are not limited to elderly Also, corporations are permitted to deduct 100 shareholders who have real current needs, yet section 1105c of the 1991 Intermodal Surface percent of the cost of providing health care in- Transportation Efficiency Act as ‘‘corridors of doubt that sale of stock will be available to surance. national significance’’. Like those highway sys- them in their lifetime: holders of small, frac- One of the major problems facing small tems, the highway system from El Paso to tional shares received through one or more businesses is the high cost of health insur- Denver has undergone a great increase in cycles of inheritance; non-Natives who have ance. Increasing the deduction would allow use, particularly in the form of commercial traf- acquired stock through inheritance but without business owners to spend more on health fic, since the designation of the Federal Inter- attendant voting privileges; and shareholders care. This legislation provides businesses with state System. This trend will be amplified in who have few ties to the corporation or to an incentive to purchase health care insur- the next decade, as trade and population Alaska, 25 percent of CIRI shareholders live ance. growth continue to soar in the region. outside of Alaska. Congress can immediately begin to reduce Therefore, today I am re-introducing legisla- the cost of health care coverage by extending Under current law, these two legitimate but tion to create the Camino Real Corridor. As I the 25-percent deduction for self-employed in- conflicting concerns cannot be addressed, be- noted previously, the historical reference here- dividuals’ health insurance. The high cost of cause lifting restrictions on the sale of stock is in recognizes the importance of this trade health care insurance is one of the impedi- an all or nothing proposition. In order to allow route to the development of the Southwest. ments to health care access. I urge you to The Camino Real de la Tierra Adentro, the the minority of shareholders to exercise their support this legislation. desire to sell some or all of their stock, the Royal Highway of the Interior Lands, was the f majority of shareholders would have to sac- route traveled by people from Mexico City to rifice their important desire to maintain Native CAMINO REAL CORRIDOR AND Santa Fe. The modern corridor would be control and ownership to CIRI. COMMISSION achieved through the enhancement of the trade route that today connects El Paso to Al- CIRI believes this conflict will eventually HON. RONALD D. COLEMAN buquerque to Denver, and of the border arte- leave the interests of the majority of its share- rials that feed into this route. The improve- OF TEXAS holders vulnerable to political instability. In ad- ments in infrastructure along this route would IN THE HOUSE OF REPRESENTATIVES dition, CIRI recognizes that responding to the include the use of intelligence vehicle highway desire of those shareholders who wish to sell Wednesday, January 4, 1995 systems where appropriate. Thus, information, CIRI stock is a legitimate corporate responsi- Mr. COLEMAN. Mr. Speaker, I rise today to communications, and control technologies will bility. More importantly, CIRI believes that re-introduce legislation to create the Camino be applied to improve the efficiency of this there is a way to address the needs and de- Real Corridor and Commission. I introduced surface transportation system. These changes sires of both groups of shareholders, those this bill during the previous session, and I con- would guarantee that the roads which carry who wish to sell stock and those who desire tinue to believe that the passage of this legis- goods between Mexico and the interior por- to maintain Native ownership of CIRI, so that lation is indispensable to the goals of facili- tions of the United States could handle the the sale of stock will not compromise the ‘‘na- tating national trade and growth in the coming heavy flow of traffic that is anticipated in the tiveness’’ of the company, and will not jeop- years. upcoming decades. Further, Denver is at the ardize the economic future of the company for While the passage of the North American crossroads to the West and Midwest, and po- those who choose not to sell. The method em- Free-Trade Agreement will no doubt affect the sitioned to develop north to Canada. bodied in this legislation is one that other com- entire Nation, perhaps no area will witness Unfortunately, good roads alone cannot panies routinely use: the buying back of its greater changes than the Southwestern region guarantee the efficient cross-border passage along the Mexican border. Not only will the of people, goods, and capital. Indeed, many of own stock. The newly acquired stock would area continue to experience the benefits of in- the current delays in United States-Mexico then be canceled. creasing international economic integration, trade occur at the border. So to ensure the Mr. Speaker, I have discussed this bill at but it will also be profoundly impacted by the smooth operation of the corridor system, I length with CIRI and I am convinced this is the large influx of traffic that is the necessary by- have also proposed the creation of the Ca- best and only option available for their share- product of expanding trade. The district which mino Real Corridor Commission. This Com- holders to voluntarily sell their stock back to I represent, El Paso, TX, has an infrastructure mission would report to the Secretary of CIRI. It is identical to that which passed the system that will be among the hardest hit by Transportation, and would be responsible for House last session and I hope it will move as the increasing levels of commerce between making recommendations to maximize effec- expeditiously as possible. the United States and Mexico. tive utilization of the highways and border

VerDate Mar 15 2010 04:40 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 D:\FIX-CR\1995\E04JA5.REC E04JA5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE E4 CONGRESSIONAL RECORD — Extensions of Remarks January 4, 1995 crossings of the corridor. It would also ensure Government to place unfunded Federal man- TRADE AND JOB SECURITY the development of more efficient trade routes. dates on the States. The bill I am proposing One year after its formation, this Commission today is in step with the pledge, and I urge my HON. LEE H. HAMILTON would make recommendations to the Sec- colleagues to support it. OF INDIANA retary of Transportation indicating the most IN THE HOUSE OF REPRESENTATIVES desirable routes for East-West expansion of f Wednesday, January 4, 1995 the corridor, and for possible expansion of the corridor to the Canadian border. NATIONAL FIREARMS POLICY Mr. HAMILTON. Mr. Speaker, I would like to We should not wait until our borders and COMMISSION ACT insert my Washington Report for Wednesday, our trade routes are completely overwhelmed December 21, 1994 into the CONGRESSIONAL to take decisive action. Rather, our infrastruc- RECORD. ture and our border enforcement agencies HON. JAMES A. TRAFICANT, JR. TRADE AND JOB SECURITY should keep pace with growing trade levels, America’s middle-class workers are in- OF OHIO and with the realities of increasing inter- creasingly frustrated and concerned about national interdependence. IN THE HOUSE OF REPRESENTATIVES their economic future. They are working The Camino Real Corridor is clearly the harder and longer than ever but their income best place to start, but it need not be an end Wednesday, January 4, 1995 is just not growing. Many are concerned about their job security and worry that their point. This project ought to serve as a model Mr. TRAFICANT. Mr. Speaker, during the job could be the next to be eliminated. One for future initiatives in other major border cit- 103d Congress, I introduced H.R. 4423, the third of those recently polled said they are ies. It will also serve as a starting point for an ‘‘National Firearms Policy Commission Act,’’ worse off than they expected to be at this important highway network that will connect legislation that will bring the President, Mem- age, and close to two thirds said they do not expect their children to do as well as they Mexico with the interior United States, and bers of Congress, Justices of the Supreme possibly with Canada. have done. Too many individuals believe the Court, gun ownership advocacy groups, law I recognize that we are operating in a polit- American dream is simply beyond their enforcement groups, and private citizens to- ical climate where it is more popular to criti- reach. gether to exchange their views on Federal fire- It used to be that if workers were conscien- cize than to create, and much easier to arms policy so that a consensus on Federal tious and performed their jobs well they deconstruct than to construct. But it is impor- policy can be reached. I rise today to reintro- could expect to advance and prosper in the tant to recognize that one of the fundamental years ahead. Today, however, many work- roles of the Federal Government has always duce this legislation, and I invite all of my col- ers—both blue collar and white collar—face been the funding and oversight of interstate leagues to become cosponsors of this impor- an uncertain future. They may encounter projects that are central to national growth and tant bill. foreign competition, corporate downsizing, prosperity. The creation of the Camino Real In the 103d session alone, Congress automation, or the increased use of com- puters. In a recent survey, three out of four Corridor is such a project, and consequently, passed two of the most sweeping firearms pol- employers said that their own employees it deserves support. icy bills in the history of this country: the Brady fear losing their jobs. As the Secretary of f bill and the assault weapons ban. From the in- Labor puts it, the middle class has become troduction of those bills to the final vote, Amer- the anxious class. REPEAL THE ‘‘MOTOR VOTER’’ ica came to see just how large the gap be- EXPANDING TRADE BILL tween both sides of the gun control debate is. One of their biggest concerns is foreign And yet despite all the debate on these two competition created by the dynamic global HON. BOB STUMP pivotal pieces of legislation, it has become marketplace. Congress and all recent Presi- OF ARIZONA even clearer that each side’s views are only dents have taken steps to expand U.S. trade IN THE HOUSE OF REPRESENTATIVES being further entrenched, not altered through opportunities. Since the late 1970s, several bilateral and multilateral agreements have Wednesday, January 4, 1995 pragmatic discussion that will ensure that each been approved, including the Tokyo Round side is heard. My bill will promote that type of Mr. STUMP. Mr. Speaker, on May 10, 1993, expansion of the General Agreement on Tar- pragmatic discussion. President Clinton signed into law a $200 mil- iffs and Trade, the U.S.-Canada Free Trade Specifically, this legislation will establish a Agreement, the North America Free Trade lion unfunded Federal mandate called ‘‘The Agreement, and the new GATT agreements National Voter Registration Act of 1993.’’ I am 39-member Commission, which will include that create, among other things, the World today introducing a bill to repeal it. the following parties: the U.S. Attorney Gen- Trade Organization. Next might be free trade This law, commonly referred to as the eral, five Members of the House, five Sen- agreements with Chile and other countries in ‘‘motor voter’’ bill, tramples on States rights by ators, three Supreme Court Justices, five pri- the Western Hemisphere. requiring them to implement a law that allows vate citizens appointed by the President, five On balance, I think expanded trade is a people to register to vote by mail, or when private citizens appointed by the Senate, five plus for American workers. Trade now ac- they apply for a driver’s license, or welfare. private citizens appointed by the House, five counts for a large share of U.S. economic growth, and it means expanded sales for U.S. Proponents of the measure argued that this members representing gun ownership advo- businesses. The recently approved expansion was the answer to voter apathy. They rea- cacy groups, and five representatives from law of GATT, for example, will provide stable soned that by making voter registration easier, enforcement. The chairman of the Commis- rules for trade and remove restrictions that voter turnout would increase. However, there sion will have 6 months to transmit its rec- limit sales of our goods and services abroad. is little, if any, evidence to validate this conten- ommendations to the President and Congress. The Council of Economic Advisors estimates tion. In fact, over the past three decades, Aside from travel expenses, members of the that GATT will boost U.S. economic output voter registration requirements have grown Commission will serve without pay. The Com- $100–200 billion within ten years. easier and easier, yet voter turnout has actu- At the same time I recognize that ex- mission will, however, be authorized to hire panded trade is a threat to some U.S. work- ally decreased over the same time period. and pay its own staff and staff from other Fed- ers. Trade may generate more U.S. jobs than Moreover, by easing registration require- eral agencies. it eliminates, but it does put some Ameri- ments, and not providing the States with the For the past 10 years, Congress has been cans out of work. While the President talks funds necessary to keep their registration lists about the millions of good paying jobs cre- caught in the middle of a tug of war between up-to-date and clean, the motor voter bill will ated by free trade, many middle-class work- law enforcement and the NRA. As a result, most likely increase election fraud. ers believe the benefits of trade go to a few Congress has been unable to develop a real Mr. Speaker, the U.S. Congress should not talented, well-educated professionals and ex- consensus on how to address violent crime be legislating in this area. The States know ecutives while they fall behind. and firearms policy. The goal of the Commis- best how to develop voter registration pro- STEPS NEEDED grams in their own jurisdictions with the least sion I have proposed is to forge a consensus The remedy is not to simply close our mar- cost and chance of fraud and abuse. It is on these issues and present to Congress and kets to trade. We are one of the most com- petitive countries in the world and many senseless to undermine their voter registration the President a list of legislative initiatives that can be adopted with bipartisan support. U.S. jobs are already tied to exports and programs by requiring them to comply with a trade. But we do need to take several steps nationalized costly mandate. Let us bring rational dialogue to Federal fire- to improve our ability to deal with this Our new congressional leaders have arms policy. Please cosponsor this important changing environment and reduce job insecu- pledged to make it tougher for the Federal legislative initiative. rity for many Americans.

VerDate Mar 15 2010 04:40 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 D:\FIX-CR\1995\E04JA5.REC E04JA5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE January 4, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E5 First, we must continue to reduce the fed- INTRODUCTION OF LEGISLATION COMPREHENSIVE PREVENTIVE eral budget deficit. Keeping the deficit down CONCERNING ALASKA NATIVE HEALTH AND PROMOTION ACT means less borrowing by the government, CLAIMS SETTLEMENT ACT OF OF 1995, H.R. 23 thus freeing up funds at lower interest rates 1971 for businesses to invest. That should boost the economy and spur job creation. We need HON. BENJAMIN A. GILMAN to make sure that the U.S. economy con- HON. DON YOUNG OF NEW YORK tinues to generate more jobs than are lost to IN THE HOUSE OF REPRESENTATIVES OF ALASKA foreign competition. Wednesday, January 4, 1995 IN THE HOUSE OF REPRESENTATIVES Second, we must reassess the more than Mr. GILMAN. Mr. Speaker, I rise today to in- 150 federal job training and retraining pro- troduce H.R. 23, legislation which will help grams to see which ones work and which Wednesday, January 4, 1995 produce a healthier nation. This measure will ones don’t. Some should be expanded, others Mr. YOUNG of Alaska. Mr. Speaker, I am cover individuals for periodic health exams, as simply dropped. We should accelerate our ef- pleased to introduce a bill to amend the Alas- well as counseling and immunizations. forts to create ‘‘reemployment centers’’ and ka Native Claims Settlement Act of 1971 at put more of the resources into the hands of The Comprehensive Preventive Health and ordinary Americans rather than government the request of the Alaska Federation of Na- Promotion Act of 1995 will direct the Secretary agencies, so people can get the skills they tives. This bill is the result of the work of the of Health and Human Services [HHS] to es- need in a way that makes sense for them. We Legislative Council of the Alaska Federation of tablish a schedule of preventive health care need a better safety net for individuals and Natives to correct existing technical problems services and to provide for coverage of these communities experiencing the downside of with the Alaska Native Claims Settlement Act services under private health insurance plans open trade. [ANCSA] and the Alaska National Interest and health benefit programs of the Federal Government. Third, we must encourage companies to Lands Conservation Act [ANILCA]. I am intro- spend more of their profits to continually ducing an identical version of that which More specifically, the Secretary of HHS, in upgrade the skills of their workers and to re- passed the House during the 103d Congress. consultation with representatives of the major train workers whose jobs have been lost It is my intention to move this bill early this health care groups, will establish a schedule through trade or technology. U.S. firms gen- year based on agreements reached last year. of recommended preventive health care serv- ices. The list of preventive services will follow erally invest less in worker training than This bill makes a number of technical the guidelines published in the ‘‘Guide to Clin- firms abroad, and what they do invest is changes to ANCSA and ANILCA. It also ical Preventive Services’’ and the ‘‘Year 2000 more heavily concentrated on professional makes a number of substantive additions and managerial workers. Skilled workers Health Objectives.’’ The preventive services and important assets, and businesses need to which address issues not anticipated at the will cover periodic health exams, health invest more in their development. time of passage of ANCSA. Because of Alas- screening, counseling, immunizations, and Fourth, federal policies should help impor- ka’s relative youth as a State of the Union and health promotion. These services will be spec- tant industries threatened by foreign com- the unprecedented amount of Alaska-specific ified for males and females, and specific age petition. Federal research and development Federal legislation passed since statehood, it groups. grants, tax policy, and deregulation all can is imperative that we respond to occasional Additionally, HHS will publish and dissemi- help strengthen important U.S. industries oversights and/or quirks in the overlapping nate information on the benefits of practicing and make them more competitive in the laws to ensure that unintended consequences preventive health care, the importance of un- global market. We also need to expand the do not occur. This effort is designed to rectify dergoing periodic health examinations, and the federal manufacturing extension program, such instances. need to establish and maintain a family med- which helps small companies adopt the lat- The legislation is designed to resolve spe- ical history to businesses, providers of health est production techniques. cific problems. To offer a flavor of the nature care services, and other appropriate groups Fifth, we must not allow other countries to of the legislation, a few illustrations are in and individuals. use the open markets provided by the trade order. Moreover, prevention and health promotion agreements to unfairly harm our industries. workshops will be established for corporations For example, the bill would make it possible We must vigorously prosecute dumping and and businesses, as well as for the Federal for the Caswell and Montana Creek Native other unfair trade practices. If a surge of im- Government. A wellness program will be es- groups to receive approximately 11,520 acres ports is displacing our workers, GATT allows tablished to make grants over a 5-year period us to take steps to limit those imports. At of land pursuant to a February 3, 1976, agree- to 300 eligible employers to establish and con- the same time, we must vigorously pursue ment and subsequent March 26, 1992, letter duct on-site workshops on health care pro- our rights in cases where foreign practices of agreement with Cook Inlet Region Inc. motion for employees. The wellness work- restrict our exports. We must make sure [CIRI]. This will fulfill their land entitlement shops can include: Counseling on nutrition that trade agreements mean a level playing from CIRI under the ANCSA. and weight management, clinical sessions on field that promotes U.S. exports. Another provision would relieve ANCSA cor- avoiding back injury, programs on smoking Finally, we must have accurate data about porations of liability for hazardous wastes or cessation, and information on stress manage- the impact of more open trade on U.S. jobs. contaminants left in, or on, ANCSA lands prior ment. Many economists believe that government to their conveyance to Native corporations. It Finally, my legislation directs HHS to set up trade statistics underestimate U.S. exports also directs the Secretary of the Interior to re- a demonstration project which will go to 50 by some 10%, for a variety of technical rea- move all contaminants left by the United counties over a 5-year period to provide pre- sons. If so, estimates of jobs created by ex- States, an agent of the United States, or les- ventive health care services at health clinics. ports are also underestimated. We also need This program will cover preventive health care better data on identifying industries hurt by sees prior to conveyance of these lands to the services for all children, and adults under a imports. Native corporations. In some instances, the Government has conveyed lands and property certain income level. If above the determined CONCLUSION interests to Alaska Natives which have been income level, fees will be based on a sliding Overall, we must pursue policies which rendered valueless because of such contami- scale. Additionally, the project will entail both promote economic growth, help strengthen nation. It was clearly not the intention of urban and rural areas in different regions of U.S. companies, continually upgrade the ANCSA to extinguish Native claims by con- our Nation to educate the public on the bene- skills of our workers, and find new markets veying contaminated property to recipients. fits of practicing preventive health care, the need for periodic health exams, and the need for our products abroad. Our number one pri- The Chugach Alaska Kageet Point land se- ority is jobs—good and secure jobs. Our chal- for establishing a medical history, as well as lection provision would allow Chugach Alaska providing services. lenge is to promote broad participation by Native Corp. to select a specific tract of land our workforce in this changing environment Mr. Speaker, we can all agree that our cur- at the edge of its own current boundaries. so that anxious workers can become assured, rent health care system needs to be improved, productive, capable Americans. Improving Mr. Speaker, I hope the spirit of cooperation and our Nation needs to become healthier. Americans’ job security must be among our which was reached last year will continue so Experts have concluded that practicing pre- highest priorities in the upcoming session of we can move this noncontroversial piece of ventive health care does work, and will Congress. legislation early in this session. produce a healthier nation. Although there is a

VerDate Mar 15 2010 04:40 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 D:\FIX-CR\1995\E04JA5.REC E04JA5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE E6 CONGRESSIONAL RECORD — Extensions of Remarks January 4, 1995 consensus on the benefits of practicing pre- (7) Physicians practicing in medical spe- employees of an entity actively engaged in ventive health care, only approximately 20 cialty areas. business which, on at least 50 percent of its percent of health insurance companies offer (8) Nutritionists. working days during the preceding year, em- (9) Nurses. ployed at least 2, but fewer than 36, full-time coverage for periodic health exams. (10) Experts in scientific research. employees. For purposes of determining if an The Comprehensive Preventive Health and (11) Dentists. employer is a small employer, rules similar Promotion Act of 1995 has all the necessary (12) Representatives of manufacturers of to the rules of subsection (b) and (c) of sec- ingredients that will be needed in a national prescription drugs. tion 414 of the Internal Revenue Code of 1986 health care plan, and will be applicable to that (13) Health educators. shall apply. plan. SEC. 3. APPLICATION TO INDIVIDUALS EN- (b) ENFORCEMENT THROUGH EXCISE TAX.— ROLLED IN PRIVATE HEALTH INSUR- Accordingly, to all my colleagues who share (1) IN GENERAL.—Chapter 43 of the Internal ANCE PLANS. Revenue Code of 1986 (relating to qualified my concern regarding the importance of pro- (a) REQUIREMENT FOR CARRIERS AND ducing a healthier nation, I invite and urge you pension, etc., plans) is amended by adding at PLANS.— the end thereof the following new section: to cosponsor this measure, sending a clear (1) IN GENERAL.—Each carrier and employer message to our Nation’s citizens that Con- health benefit plan shall include in the serv- ‘‘SEC. 4980C. FAILURE TO COMPLY WITH EM- ices covered for each individual enrolled PLOYER HEALTH BENEFIT PLAN gress is taking steps to improve our Nation’s STANDARDS REGARDING PREVEN- health care system. with the carrier or plan the preventive TIVE HEALTH CARE. health care services applicable to the indi- At this point I request that the full text of my ‘‘(a) IMPOSITION OF TAX.— vidual under the schedule of preventive ‘‘(1) IN GENERAL.—There is hereby imposed bill be inserted in the RECORD for review by health care services established under sec- a tax on the failure of a carrier or an em- my colleagues: tion 2. ployer health benefit plan to comply with H.R. 23 (2) DEFINITIONS.—In this section: (A) The term ‘‘carrier’’ means any entity section 3(a)(1) of the Comprehensive Preven- Be it enacted by the Senate and House of Rep- tive Health and Promotion Act of 199. resentatives of the United States of America in which provides health insurance or health ‘‘(2) EXCEPTION.—Paragraph (1) shall not Congress assembled, benefits in a State, and includes a licensed insurance company, a prepaid hospital or apply to a failure by a small employer car- SECTION 1. SHORT TITLE. medical service plan, a health maintenance rier or plan in a State if the Secretary of This Act may be cited as the ‘‘Comprehen- organization, the plan sponsor of a multiple Health and Human Services determines that sive Preventive Health and Promotion Act of employer welfare arrangement or an em- the State has in effect a regulatory enforce- 1995’’. ployee benefit plan (as defined under the Em- ment mechanism that provides adequate SEC. 2. ESTABLISHMENT OF SCHEDULE OF PRE- ployee Retirement Income Security Act of sanctions with respect to such a failure by VENTIVE HEALTH CARE SERVICES. 1974), or any other entity providing a plan of such a carrier or of such a plan. (a) INITIAL SCHEDULE.— health insurance subject to State insurance ‘‘(b) AMOUNT OF TAX.— (1) PROPOSED SCHEDULE.—Not later than 6 regulation, but such term does not include ‘‘(1) IN GENERAL.—Subject to paragraph (2), months after the date of the enactment of for purposes of section 103 an entity that pro- the tax imposed by subsection (a) shall be an this Act, the Secretary of Health and Human vides health insurance or health benefits amount not to exceed 25 percent of the Services, in consultation with representa- under a multiple employer welfare arrange- amounts received by the carrier or under the tives of individuals described in subsection ment. plan for coverage during the period such fail- (d), shall establish a proposed initial sched- (B)(i) Subject to clause (ii), the term ‘‘em- ure persists. ule of recommended preventive health care ployer health benefit plan’’ means a health ‘‘(2) LIMITATION IN CASE OF INDIVIDUAL FAIL- services. In accordance with section 553 of benefit plan (including an employee welfare URES.—In the case of a failure that only re- title 5, United States Code, the Secretary benefit plan, as defined in section 3(1) of the lates to specified individuals or employers shall publish such proposed schedule in the Employee Retirement Income Security Act (and not to the plan generally), the amount Federal Register and provide for a 90-day pe- of 1974) which is offered to employees of the tax imposed by subsection (a) shall riod for receiving public comment on the through an employer and for which the em- not exceed the aggregate of $100 for each day schedule. ployer provides for any contribution to such during which such failure persists for each (2) FINAL SCHEDULE.—The proposed sched- plan or any premium for such plan are de- individual to which such failure persists for ule of recommended preventive health care ducted by the employer from compensation each individual to which such failure relates. services established under paragraph (1) shall to the employee. A rule similar to the rule of section become effective for the first calendar year (ii) A State may provide (for a plan in a 4980B(b)(3) shall apply for purposes of this that begins 90 or more days after the expira- State) that the term ‘‘employer health ben- section. tion of the period for receiving public com- efit plan’’ does not include an association ‘‘(c) LIABILITY FOR TAX.—The tax imposed ment described in paragraph (1). plan (as defined in clause (iii)). by this section shall be paid by the carrier. (b) ANNUAL ADJUSTMENT.—Not later than (iii) For purposes of clause (ii), the term ‘‘(d) EXCEPTIONS.— October 1 of every year (beginning with the ‘‘association plan’’ means a health benefit ‘‘(1) CORRECTIONS WITHIN 30 DAYS.—No tax first year for which the schedule established plan offered by an organization to its mem- shall be imposed by subsection (a) by reason under subsection (a) is in effect), the Sec- bers if the organization was formed other of any failure if— retary, in consultation with representatives than for purposes of purchasing insurance. ‘‘(A) such failure was due to reasonable of individuals described in subsection (d) and (C) The term ‘‘full-time employee’’ means, cause and not to willful neglect, and in accordance with section 553 of title 5, with respect to an employer, an individual ‘‘(B) such failure is corrected within the 30- United States Code, may revise the schedule who normally is employed for at least 30 day period beginning on earliest date the of preventive health care services estab- hours per week by the employer. carrier knew, or exercising reasonable dili- lished under this section for the following (D) The term ‘‘health benefit plan’’ means gence would have known, that such failure calendar year. any hospital or medical expense incurred existed. (c) USE OF SOURCES FOR ESTABLISHING policy or certificate, hospital or medical ‘‘(2) WAIVER BY SECRETARY.—In the case of SCHEDULE.—In establishing the initial sched- service plan contract, or health maintenance a failure which is due to reasonable cause ule of recommended preventive health care subscriber contract, or a multiple employer and not to willful neglect, the Secretary may services under subsection (a) and in revising welfare arrangement or employee benefit waive part or all of the tax imposed by sub- the schedule for subsequent years under sub- plan (as defined under the Employee Retire- section (a) to the extent that payment of section (b), the Secretary shall take into ment Income Security Act of 1974) which such tax would be excessive relative to the consideration the recommendations for pre- provides benefits with respect to health care failure involved. ventive health care services contained in the services, but does not include— ‘‘(2) DEFINITIONS.—For purposes of this sec- Guide to Clinical Preventive Services pre- (i) coverage only for accident, dental, vi- tion, the terms ‘carrier’, ‘employer health sented to the Department of Health and sion, disability income, or long-term care in- benefit plan’, and ‘small employer carrier’ Human Services by the United States Pre- surance, or any combination thereof, have the respective meanings given such ventive Services Task Force and the Year (ii) medicare supplemental health insur- terms in section 3(a)(2) of the Comprehensive 2000 Health Objectives of the United States ance, Preventive Health and Promotion Act of Public Health Service. (iii) coverage issued as a supplement to li- 1995.’’ (d) INDIVIDUALS SERVING AS CONSULT- ability insurance, ANTS.—The individuals described in this sub- (iv) worker’s compensation or similar in- (2) CLERICAL AMENDMENT.—The table of section are as follows: surance, or sections for chapter 43 of such Code is (1) Hospital administrators. (v) automobile medical-payment insur- amended by adding at the end thereof the (2) Administrators of health benefit plans. ance, or any combination thereof. following new items: (3) General practice physicians. (E) The term ‘‘small employer carrier’’ ‘‘Sec. 4980C. Failure to comply with em- (4) Mental health practitioners. means a carrier with respect to the issuance ployer health plan standards re- (5) Pediatricians. of an employer health benefit plan which garding preventive health (6) Chiropractors. provides coverage to one or more full-time care.’’.

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(3) EFFECTIVE DATE.—The amendments 1, 1995, without regard to whether or not of title 10, United States Code, is amended by made by this subsection shall apply to plan final regulations to carry out such amend- adding at the end the following new para- years beginning after December 31, 1995. ments have been promulgated by such date. graph: SEC. 4. COVERAGE OF PREVENTIVE HEALTH (2) In the case of a State plan for medical ‘‘(13) Any preventive care services applica- CARE SERVICES UNDER MEDICARE. assistance under title XIX of the Social Se- ble under the schedule of preventive health (a) IN GENERAL.—Section 1861(s)(2) of the curity Act which the Secretary of Health care services established under the Com- Social Security Act (42 U.S.C. 1395x(s)(2)) is and Human Services determines requires prehensive Preventive Health and Promotion amended— State legislation (other than legislation ap- Act of 1995, to the extent such services are (1) by striking ‘‘and’’ at the end of subpara- propriating funds) in order for the plan to not otherwise authorized as health care serv- graph (O); meet the additional requirements imposed ices under this subsection.’’. (2) by striking the semicolon at the end of by the amendments made by subsections (a) (b) EFFECTIVE DATE.—Paragraph (13) of sec- subparagraph (P) and inserting ‘‘; and’’; and and (b), the State plan shall not be regarded tion 1077(a) of title 10, United States Code (as (3) by adding at the end the following new as failing to comply with the requirements added by subsection (a)), shall apply with re- subparagraph: of such title solely on the basis of its failure spect to health care services furnished on or ‘‘(Q) in the case of an individual, services to meet these additional requirements before after January 1, 1995, to dependents of mem- applicable to the individual under the sched- the first day of the first calendar quarter be- bers or former members of the uniformed ule of preventive health care services estab- ginning after the close of the first regular services authorized to receive such services. lished under the Comprehensive Preventive session of the State legislature that begins SEC. 9. PREVENTIVE HEALTH CARE DEMONSTRA- Health and Promotion Act of 1995 (to the ex- after the date of the enactment of this Act. TION PROJECT. tent such services are not otherwise covered For purposes of the previous sentence, in the (a) ESTABLISHMENT.—There is hereby es- with respect to the individual under this case of a State that has a 2-year legislative tablished a demonstration project to dem- title);’’. session, each year of such session shall be onstrate the effectiveness in providing pre- (b) CONFORMING AMENDMENTS.—Section deemed to be a separate regular session of ventive health care services in improving the 1862(a) of such Act (42 U.S.C. 1395y(a)) is the State legislature. health of individuals and reducing the aggre- amended— SEC. 6. COVERAGE OF PREVENTIVE HEALTH gate costs of providing health care, under (1) in paragraph (1)— CARE SERVICES FOR VETERANS. which the Secretary of Health and Human (A) in subparagraph (E), by striking ‘‘and’’ (a) IN GENERAL.—Section 1701(6) of title 38, Services shall— at the end, United States Code is amended— (1) make grants over a 5-year period to 50 (B) in subparagraph (F), by striking the (1) by striking ‘‘and’’ at the end of subpara- eligible counties to assist the counties in semicolon at the end and inserting ‘‘, and’’, graph (A); providing preventive health care services (in and (2) by striking the period at the end of sub- accordance with subsection (b)) to individ- (C) by adding at the end the following new paragraph (B) and inserting ‘‘; and’’; and uals who would otherwise be unable to pay subparagraph: (3) by adding at the end the following new (or have payment made on their behalf) for ‘‘(G) in the case of items or services de- subparagraph: such services; scribed in section 1861(s)(2)(Q), which are not ‘‘(C) with respect to any veteran, any pre- (2) conduct the study described in sub- provided in accordance with the schedule of ventive care services applicable under the section (c); and preventive health care services established schedule of preventive health care services (3) carry out the educational program de- under the Comprehensive Preventive Health established under the Comprehensive Pre- scribed in subsection (d). and Promotion Act of 1995;’’; and ventive Health and Promotion Act of 1995, to (b) GRANTS TO COUNTIES.— (1) SERVICES DESCRIBED.—A county receiv- (2) in paragraph (7), by striking ‘‘paragraph the extent such services are not otherwise ing a grant under subsection (a)(1) shall pro- (1)(B) or under paragraph (1)(F)’’ and insert- treated as medical services under this para- vide preventive health care services to indi- ing ‘‘subparagraphs (B), (F), or (G) of para- graph.’’. viduals at clinics in accordance with the graph (1)’’. (b) PROVIDING SERVICES IN OUTPATIENT SET- schedule of preventive health care services (c) EFFECTIVE DATE.—The amendments TING.—Section 1712(a)(5)(A) of such title is established under the Comprehensive Pre- made by this section shall apply to services amended— ventive Health and Promotion Act of 1995, furnished on or after January 1, 1995. (1) in the first sentence, by striking the pe- riod at the end and inserting the following: except that— SEC. 5. COVERAGE UNDER STATE MEDICAID (A) the county may furnish services to in- PLANS. ‘‘, or any other medical services applicable to the veteran under the schedule of preven- dividuals residing in rural areas at locations (a) IN GENERAL.— tive health care services established under other than clinics if no clinics that are able (1) INCLUSION IN MEDICAL ASSISTANCE.—Sec- the Comprehensive Preventive Health and to provide such services are located in the tion 1905(a) of the Social Security Act (42 Promotion Act of 1995.’’; and area; and U.S.C. 1396d(a)) is amended— (2) in the second sentence, by inserting (B) the Secretary may revise the schedule (A) by striking ‘‘and’’ at the end of para- after ‘‘admission’’ the following: ‘‘or any of services otherwise required to be provided graph (21); services applicable to the veteran under the to take into account the special needs of a (B) in paragraph (24), by striking the schedule of preventive health care services participating county. comma at the end and inserting semicolon; established under the Comprehensive Pre- (2) ELIGIBILITY OF COUNTIES.—A county is (C) by redesignating paragraphs (22), (23), ventive Health and Promotion Act of 1995 eligible to receive a grant under subsection and (24) as paragraphs (25), (22), and (23), re- (other than services applicable under such (a)(1) if it submits to the Secretary, at such spectively, and by transferring and inserting schedule that are reasonably necessary in time and in such form as the Secretary may paragraph (25) after paragraph (23), as so re- preparation for hospital admission)’’. require, an application containing such in- designated; and (c) EFFECTIVE DATE.—The amendments formation and assurances as the Secretary (D) by inserting after paragraph (23) the made by this section shall apply to services may require. following new paragraph: furnished on or after January 1, 1995. (3) GEOGRAPHIC BALANCE AMONG COUNTIES ‘‘(24) services applicable to the individual SELECTED.—In selecting counties to receive under the schedule of preventive health care SEC. 7. COVERAGE OF PREVENTIVE HEALTH CARE SERVICES UNDER FEDERAL grants under subsection (a)(1), the Secretary services established under the Comprehen- EMPLOYEES HEALTH BENEFIT shall consider the need to select counties sive Preventive Health and Promotion Act of PLANS. representing urban, rural, and suburban 1995 (to the extent such services are not oth- (a) IN GENERAL.—Paragraphs (1) and (2) of areas and counties representing various geo- erwise covered with respect to the individual section 8904(a) of title 5, United States Code, graphic regions of the United States. under the State plan under this title); and’’. are each amended by adding at the end the (c) STUDY OF STATE PREVENTIVE CARE RE- (2) COVERAGE MADE MANDATORY.—(A) Sec- following new subparagraph: QUIREMENTS.— tion 1902(a)(10)(A) of such Act (42 U.S.C. ‘‘(G) With respect to an individual, any (1) STUDY.—The Secretary shall conduct a 1396a(a)(10)(A) is amended by striking ‘‘(17) preventive health care services applicable to study of the requirements regarding preven- and (21)’’ and inserting ‘‘(17), (21), and (24)’’. the individual under the schedule of preven- tive health care services that are imposed by (B) Section 1902(a)(10(C)(iv) of such Act (42 tive health care services established under each State on health benefit plans offered to U.S.C. 1396a(a)(10)(C)(iv)) is amended— the Comprehensive Preventive Health and individuals residing in the State. (i) by striking ‘‘(5) and (17)’’ and inserting Promotion Act of 1995.’’. (2) REPORT.—Not later than 1 year after ‘‘(5), (17), and (24)’’; and (b) EFFECTIVE DATE.—The amendments the date of the enactment of this Act, the (ii) by striking ‘‘through (21)’’ and insert- made by subsection (a) shall apply with re- Secretary shall submit a report to Congress ing ‘‘through (24)’’. spect to services furnished on or after Janu- on the study conducted under paragraph (1). (C) Section 1902(j) of such Act (42 U.S.C. ary 1, 1995. (d) DISSEMINATION OF INFORMATION ON PRE- 1396a(j)) is amended by striking ‘‘through SEC. 8. COVERAGE OF PREVENTIVE HEALTH VENTIVE HEALTH CARE.—Not later than 2 (22)’’ and inserting ‘‘through (24)’’. CARE SERVICES FOR DEPENDENTS years after the date of the enactment of this (b) EFFECTIVE DATE.—(1) Except as pro- OF MEMBERS OF THE UNIFORMED Act, the Secretary, in consultation with ex- vided in paragraph (2), the amendments SERVICES. perts in preventive medicine and representa- made by subsection (a) shall apply to cal- (a) PREVENTIVE HEALTH CARE SERVICES IN- tives of providers of health care services, endar quarters beginning on or after January CLUDED IN AUTHORIZED CARE.—Section 1077(a) shall publish and disseminate information on

VerDate Mar 15 2010 04:40 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 D:\FIX-CR\1995\E04JA5.REC E04JA5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE E8 CONGRESSIONAL RECORD — Extensions of Remarks January 4, 1995 the benefits of practicing preventive health not do so. Rather, it helps attain those stand- damages paid to the taxpayer are increased care, the importance of undergoing periodic ards within the context of full support for the from $100,000, current law, to $1,000,000. health examinations, and the need to estab- principles of States rights. I do not believe the Second, the Internal Revenue Service must lish and maintain a family medical history to businesses, providers of health care serv- EPA, a Federal bureaucracy, has any right to notify the taxpayer promptly in writing upon re- ices, and other appropriate groups and indi- completely dismantle those principles, even if quest as to the specific implementing regula- viduals. the courts appear to be the real culprits in this tions that they are found liable for. No more (e) STATE DEFINED.—In this section, the game of high stakes chess. No longer can the ambiguous computer generated letters using term ‘‘State’’ means each of the 50 States Federal Government blindly push States into code numbers. No more unprepared con- and the District of Columbia. complying with laws which are not suited for frontations with the IRS. These two seemingly SEC. 10. PROGRAMS TO ESTABLISH ON-SITE their particular situations or problems. innocuous sections of my bill are extremely WORKSHOPS ON HEALTH PRO- It is with that in mind that I call on my fellow vital and will go a long way in rebuilding the MOTION. colleagues to join in protecting the principles American people’s faith in our Government. (a) GRANTS TO BUSINESSES.— upon which this Nation was built. For those of (1) IN GENERAL.—The Secretary of Health The last part of my bill is the most impor- and Human Services shall establish a pro- my colleagues who do not represent the State tant: it shifts the burden of proof from the tax- gram under which the Secretary shall make of California, I remind them that this type of payer to the IRS in civil tax cases. Under cur- grants over a 5-year period to 300 eligible em- precedent could have equally devastating con- rent law, if the IRS accuses someone of tax ployers to establish and conduct on-site sequences in States such as Texas, Ohio, Vir- fraud, which could be an honest mistake on workshops on health care promotion for em- ginia, and any others that do not meet the the 1040 form, he or she must prove his or ployees. stringently set path that the big brother EPA her innocence in civil court, the IRS does not (2) ELIGIBILITY.—An employer is eligible to dictates. Let us make it clear to all Americans have to prove your guilt. An accused mass receive a grant under paragraph (1) if the employer submits an application (at such that we, the Republican majority, will not stand murderer has more rights than a taxpayer fin- time and in such form as the Secretary may idly by while the rights of our States are so gered by the IRS. Jeffrey Dahmer was consid- require) containing such information and as- easily swept aside. ered innocent until proven guilty. Mom and surances as the Secretary may require, in- Mr. Speaker, I am hopeful that committee Pop small business owners, however, are not cluding assurances that the employer shall and floor action can be taken expeditiously as afforded this protection. use funds received under the grant only to this is a very time sensitive issue. Mr. Speaker, during the last session, I high- provide services that the employer does not f lighted the need for this legislation on the otherwise provide (either directly or through House floor by reading letters and cases I a carrier) to its employees. LINE-ITEM VETO LEGISLATION have received from people around the country. (3) INFORMATION AND SERVICES PROVIDED.— On-site workshops on health care promotion You may remember the case of David and conducted with grants received under para- HON. BOB STUMP Millie Evans from Longmont, CO. The IRS re- graph (1) shall include the presentation of OF ARIZONA fused to accept their cancelled check as evi- such information and the provision of such IN THE HOUSE OF REPRESENTATIVES dence of payment even though the check bore services as the Secretary considers appro- Wednesday, January 4, 1995 the IRS stamp of endorsement. Or how about priate, including counseling on nutrition and Mr. STUMP. Mr. Speaker, I am today intro- Alex Council, who took his own life so his wife weight management, clinical sessions on could collect his life insurance to pay off their avoiding back injury, programs on smoking ducing legislation to propose an amendment IRS bill? Months later, a judge found him inno- cessation, and information on stress manage- to the Constitution giving the President line- ment. item veto authority. This legislation is identical cent of any wrongdoing. I have heard hun- (b) ESTABLISHMENT OF PROGRAMS FOR FED- to the line-item veto bill I introduced last Con- dreds of stories of IRS abuses like these on ERAL EMPLOYEES.—The Secretary of Labor gress. radio and television talk shows. Thousands of shall establish a program under which the In years past, the leadership of this body Americans have written to me personally with Secretary shall conduct on-site workshops worked hard to see that no real line-item veto their horror stories. on health care promotion for employees of Opponents argue that my bill will weaken the Federal Government, and shall include in bill passed the House. They argued that a true line-item veto would give too much power to IRS’s ability to prosecute legitimate tax cheats. such workshops the presentation of such in- This bill will not affect IRS’s ability to enforce formation and the provision of such services the President. I disagreed then and I disagree as the Secretary (in consultation with the now. tax law, it only forces them to prove allega- Secretary of Health and Human Services) In theory, Congress may not need the Presi- tions of fraud. My bill will ensure that IRS considers appropriate, including counseling dent’s help in deciding how best to spend the agents act in accordance with the standards of on nutrition and weight management, clin- taxpayer’s money. However, in practice, the conduct required of all Department of Treasury ical sessions on avoiding back injury, pro- temptation to slip special interest or parochial employees and the Constitution of the United grams on smoking cessation, and informa- States of America where you are innocent tion on stress management. spending programs into otherwise necessary appropriation bills has been too strong to re- until proven guilty. f sist. Allowing the President to identify and veto Mr. Speaker, I urge all Members to cospon- sor my new bill. It will be my No. 1 legislative CLEANING UP THE CLEAN AIR ACT such programs would protect not only the budget process, but the taxpayers’ pockets. goal for the 104th Congress. All I seek is fair- Mr. Speaker, the line-item veto has proven ness for the American people. HON. JAY KIM itself in State after State where it has been f OF CALIFORNIA tried. There is no reason not to allow it at the THE 1995 AGENDA IN THE HOUSE OF REPRESENTATIVES Federal level. Wednesday, January 4, 1995 f HON. LEE H. HAMILTON Mr. KIM. Mr. Speaker, I rise today to intro- IRS BURDEN OF PROOF OF INDIANA duce a very important piece of legislation IN THE HOUSE OF REPRESENTATIVES which will help rectify a severely unfair appli- HON. JAMES A. TRAFICANT, JR. Wednesday, January 4, 1995 cation of the Clean Air Act. This bill, which OF OHIO was blocked by the then-majority Democrats Mr. HAMILTON. Mr. Speaker, I would like to IN THE HOUSE OF REPRESENTATIVES in the 103d Congress, will provide my home insert my Washington report for Wednesday, State of California with the flexibility every Wednesday, January 4, 1995 November 30, 1994, into the CONGRESSIONAL other State in our Union currently enjoys. Spe- Mr. TRAFICANT. Mr. Speaker, last year, I RECORD. cifically, this bill will direct the Environmental introduced H.R. 3261 to protect taxpayers THE 1995 AGENDA Protection Agency [EPA] to withhold the en- from capricious behavior by the Internal Rev- There is a deep, free-flowing discontent in actment of its Federal implementation plan enue Service. Today, I am again introducing the country today. It is difficult to pin down, [FIP], as ordered by the courts, until such time this bill to ensure American taxpayers get a but it seems to be a fear of the future—a sense of insecurity about jobs, health care, as it has an opportunity to review California’s fair shake in tax court. Too often, the IRS is pensions, and the future of the family. Amer- State implementation plan [SIP]. an agency out of control; too many Americans icans are anxious about their future and We all want clean air—especially in Cali- fear the IRS and that’s wrong. their children’s future in the rapidly chang- fornia. Thus, my intentions are not to weaken Mr. Speaker, my bill has three sections to ing economy. They are also disgusted with clean air standards—and this legislation does protect Americans from IRS abuses. First, the performance of government. Hoosiers say

VerDate Mar 15 2010 04:40 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 D:\FIX-CR\1995\E04JA5.REC E04JA5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE January 4, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E9 to me over and over again that government services collides with government’s eroding unfortunately was not considered by the full should not try to rescue every one, that gov- ability to respond. In many respects our po- Merchant Marine and Fisheries Committee. ernment should get off their backs, that they litical circuits today are overloaded, and it Today, I am introducing legislation to re-au- do not want to see their money spent on ex- is difficult for elected officials to address ob- panding programs when they are not getting vious national problems in a deliberate, thorize and amend the Magnuson Fisheries enough bang for the buck now. In short, they thoughtful, and thorough way. Interest Conservation and Management Act. The bill want less welfare, less taxes, less spending, groups clamor for more attention and more contains nearly identical language to the bill and, most of all, less government. They want benefits and then defend them vigorously. reported by the subcommittee last year. The to shake up Washington. With the clash of interest groups and major differences involve the removal of cer- AGENDA FOR 1995 ideologies, developing a consensus and put- tain controversial provisions, inclusion of Although they oppose a big and intrusive ting together coalitions to pass legislation stronger language addressing the bycatch government, Americans still have a long list has become increasingly difficult. issue and the unique needs of certain rural of problems they want addressed. They want The public debate has become much more polarized. Interest groups are very effective Alaskan fishermen, as well as some changes us to fix the economy, and for most of them that would have been made had the bill been that means boosting their incomes. They at manipulating the voter. They understand still want the health care system reformed. that nothing rouses the faithful like a nega- addressed by the full committee last year. Americans are very concerned about the cost tive message denouncing the other side as This legislation addresses all of the major of health care and fear losing their insur- evil incarnate. Polarized rhetoric and ex- concerns discussed during our series of hear- ance. They like the idea of universal cov- treme positions arouse the faithful, and ings in the last Congress. While some may not erage, and certainly want more control of stimulate membership and contributions. At totally agree with the way we address some of health care costs. They do not want govern- the same time, the news media seem to be- these concerns, I think this legislation takes a ment control over health care decisions. lieve that the road to the truth lies in find- ing two extremes and letting them clash. major step in continuing the management of They do not like the stresses put on the fam- our Nation’s fisheries while also addressing ily, and want a more effective fight against They like to transform every discussion into crime. a debate. They do not want a commentator some of the problems we have encountered in Americans want the size and cost of gov- interested in context, complexity, or mod- specific areas of fisheries management. ernment reduced. They do not favor a pas- eration—despite the fact that most Ameri- Mr. Speaker, there are two areas of concern sive government, but rather a government cans are not on the extremes but in the cen- that I feel must be addressed by this re-au- that helps them solve problems without ter. thorization legislation. We must allow the Re- overtaxing or overregulating. They feel that I am also impressed with how little con- gional Fishery Management Councils to ad- fidence people have in the institutions of government does not benefit them, but bene- dress the issue of bycatch. The councils are in fits somebody else. They want a government government. Press, television, talk radio, that belongs to them. They surely want a re- and politicians themselves enthusiastically a unique position to create specific bycatch re- duction in taxes and serious welfare reform. join in undermining confidence in govern- duction measures, tailored for each fishery Welfare reform outdistances even a tax cut ment today. I wonder how far this erosion in that they manage. I have also always believed for the middle class or health care as the top confidence can go and still have a func- that community development quotas [CDQs] legislative priority of Americans. They want tioning democracy. are a legitimate tool of the councils for use in to end welfare dependency, but not end sup- CONCLUSION managing our fisheries resources. I have al- port for people struggling to be self-suffi- Americans are demanding wholesale ways believed that CDQ’s did not have to be cient. Americans also want us to clean up changes in Washington. They are perturbed specifically authorized for the councils to in- politics. They do not approve of the way by complex and disturbing trends of eco- clude them in their first fisheries management Congress operates and they think most Mem- nomic hardship, crime, the decline of the bers have become disconnected from the plans and the courts have now finally agreed family and family values, and the erosion of with me on this point. Community develop- lives of ordinary Americans. the American dream. They are taking a long, The agenda for the next Congress will like- hard, skeptical look at the condition of their ment quotas are just one of many tools which ly revolve around several themes. First, government, and they do not like what they can be used by the councils to address the shrink government. We need to sort out see—too much wasteful spending, too much needs of fishery dependent communities. We what is the reasonable role of government, bureaucracy, too much intrusion into their will continue to look at this issue as we move what can be accomplished by government lives, too little in the way of results. and what cannot, and what policy areas those legislation. Policymakers must sort out what govern- could be passed on to the states and private Mr. Speaker, it is my intention to move ment can still usefully do and what it cannot sector from a decentralized federal govern- quickly with the bill, so that we can get on with do. We must prove to Americans that their ment. My hope is that in the next few years the sound management of our Nation’s fish- institutions of government can still achieve we can move toward decentralization and something and are worth preserving. We eries resources. Our fishermen and proc- smaller institutions. Second, restore con- need to be advocates of good sense and effec- essors deserve no less. fidence in government. Several reforms are tive, unapologetic government but also a needed, including ethics reform, campaign fi- government that understands its limits. We f nance and lobbying reform, and addressing also need to be more honest with Americans, the problem of negative campaigning. Pol- REDECLARE THE DRUG WAR letting them know that they cannot have icymakers need to govern from the center, benefits without paying the cost of them. and adopt a moderate, centrist approach to issues. Third, fix the economy. We need to f HON. GERALD B.H. SOLOMON OF NEW YORK build on recent successes in reducing the def- FISHERY CONSERVATION AND icit, and pass a line-item veto and a balanced IN THE HOUSE OF REPRESENTATIVES budget amendment. We should pass a middle- MANAGEMENT AMENDMENTS OF income tax cut, provided we can find a way 1985 Wednesday, January 4, 1995 to pay for it and not add to the national Mr. SOLOMON. Mr. Speaker, we cannot debt. I worry about each side trying to up HON. DON YOUNG solve the crime and violence problems which the tax cut proposal of the other side, with OF ALASKA plague this country without an all-out war on the result of a huge increase in the deficit. drugs. Make no mistake about it. This Repub- Fourth, improve personal security. We need IN THE HOUSE OF REPRESENTATIVES lican-controlled Congress will pay a major role to continue our efforts against crime, and Wednesday, January 4, 1995 work on scaled back health care reform and in the war on drugs. We’ll step up to the plate welfare reform. There is significant momen- Mr. YOUNG of Alaska. Mr. Speaker, today and assume our full share of responsibility. tum for cutting back the welfare system, re- I am introducing the Fishery Conservation and But so must the administration. Our first, joint structuring it, making it cost less. Fifth, Management Amendments of 1995. In the last priority must be to restore control over the bolster national defense. We need to shore up Congress the Merchant Marine and Fisheries places where Americans live and raise their our national defense and improve readiness, Committee held 11 hearings in 5 different children. and adopt a position of selective engage- States and received testimony from over 100 As a consequence of the Clinton administra- ment—not being the policeman of the world but intervening only when it is clearly in our witnesses. These witnesses represented all tion’s half-hearted effort to fight the drug war national interest. segments of the fisheries industries and other we have witnessed a dramatic increase in the DIFFICULTY OF GOVERNING IN AMERICA interested parties including fishermen, proc- use of drugs. Unless the problem is returned America has become a much harder place essors, environmentalists, State government to the front burner one of the few enduring to govern than in the past. It has become officials, and administrative agencies. Near the legacies of the Clinton Presidency may be the larger, more diverse, more crowded. I am im- end of the 103d Congress the Fisheries Man- reemergence of illegal drugs and the violent pressed with how the public’s demand for agement Subcommittee reported a bill which crime associated with drugs.

VerDate Mar 15 2010 04:40 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 D:\FIX-CR\1995\E04JA5.REC E04JA5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE E10 CONGRESSIONAL RECORD — Extensions of Remarks January 4, 1995 The American people understand that we Free America, Mr. James Burke, ‘‘We cannot Since 1981, taxpayers in the State of Missouri cannot solve the crime and violence problem and will not make progress with crime, vio- have watched as their money constructed an which plagues this country, without an all-out lence or other ills until we make a long-term Olympic swimming pool, supported fencing effort to resolve the drug problem. The root commitment to addressing a common denomi- teams, and financed court-ordered forced bus- cause of violence and crime in this country is nator in so many of these problems—drug ing. And now, when nearly everyone in Mis- illegal drugs. Look at the facts. According to abuse.’’ souri has come to agree that desegragation the Partnership for a Drug-Free America: f efforts have failed miserably, the Clinton Ad- Drug use is related to half of all violent ministration wants the State to do more than crime. INTERSTATE CHILD SUPPORT ACT spend money, it wants the State to show re- Illegal drugs play a part in half of all homi- sults for students. cides. In fact, 48 percent of all men arrested HON. BARBARA B. KENNELLY Unfortunately, the administration does not for homicide test positive for illicit drugs at the OF CONNECTICUT understand what people have been saying for time of arrest. IN THE HOUSE OF REPRESENTATIVES years: increased education spending does not Over 60 percent of prison inmates are there Wednesday, January 4, 1995 automatically lead to increased learning. At for drug related crimes. the same time that the State of Missouri has Illegal drug use is a factor in half of all fam- Mrs. KENNELLY. Mr. Speaker, during the been struggling to meet its court-ordered obli- ily violence. Most of this violence is directed next few months, there will be considerable gations in Kansas City and St. Louis, children against women. debate about personal responsibility. One of in the rest of the State have gone without in Over 30 percent of all child abuse cases in- the most important parts of this discussion will their schools. Enough is enough. volve a parent using illegal drugs. focus on parents’ responsibility to nurture and I am extremely concerned that instead of The number of drug-exposed babies now support their children. Let me emphatically admitting that forced busing does not work, accounts for 11 percent of all births in the state that this obligation rests with both par- the administration wants to broaden United States. ents. All too often, the mother is left to shoul- desegragation efforts. In fact, the Clinton ad- Over 75 percent of adolescent deaths are a der this burden alone. There are both societal ministration is working against Missouri’s ef- result of drug related violence. costs and personal tragedies that could be forts before the Supreme Court because it is An important first step in curbing drug de- averted if we can successfully change this cul- worried that if the Supreme Court sides with mand in this country is to make the so-called ture of neglect. We must send a clear mes- the people of Missouri, it could become easier casual users and hard core users account- sage that both parents are legally and morally for dozens of other jurisdictions nationwide to able. The best method to accomplish this in- bound to support their children and then be end school desegragation cases. This is volves testing in the workplace. By requiring prepared to track down those parents unwilling wrong, and once again I am introducing legis- the testing of all Government employees and to live up to their obligations. lation to amend the U.S. Constitution and pro- officials we can set the standard for the pri- While past legislation has improved collec- hibit any governmental entity—including Fed- vate sector. The bill being introduced today tions for child support, we as a Nation still eral courts—from compelling a child to attend was drafted by constitutional scholars in re- have a long way to go. Only half of all custo- a public school other than the public school sponse to possible court challenges. dial parents receive their full child support nearest the student’s residence. The findings provision states that the sale, awards, leaving millions of children without While I am hopeful that the Supreme Court possession and use of drugs pose a pervasive adequate support. Congress must end this will correctly decide in favor of the State of and substantial threat to the social, edu- disgrace. Missouri and against the Clinton administra- cational, and economic health of the United Although the Republican Contract With tion, this legislation is necessary to ensure States. The impact of drug abuse if reflected America sets out few details on child support children, parents and communities are pro- in the violence that it causes and in the dis- enforcement, I believe this is an issue that we tected from liberal civil rights lawyers, Federal integration of families, schools, and neighbor- can act on with broad bipartisan support. I am courts and Washington bureaucrats. I urge my hoods. The effects of rampant drug use is therefore reintroducing child support legislation colleagues to join me in supporting this resolu- amply illustrated by national violent crime sta- that reflects many of the recommendations of tion. If court-ordered desegragation is not cur- tistics across the United States. And recent the U.S. Commission on Interstate Child Sup- rently happening in their districts, it is most studies demonstrate that drug use by young port, on which I served. The bill would en- likely only a matter of time before they find people is on the rise. hance coordination for collecting child support themselves in the same situation as the peo- The legislation introduced today is a starting across state lines, improve Federal tracking of ple of Missouri. This resolution will prevent this point of the action this Congress must take to delinquent orders, institute direct wage with- disastrous situation from repeating itself turn around the war on drugs, including: holding, withhold business and driver’s li- across the Nation. A bill to require random drug testing of all censes from individuals owing child support, executive, judicial, and legislative branch Gov- and deny Federal benefits to individuals with f ernment employees and officials. large child support arrearages. A bill to deny Federal benefits upon convic- It is certainly worth noting that welfare re- INTRODUCTION OF IRA PROPOSAL tion of certain drug offenses. form cannot succeed without better child sup- A bill to ensure quality assurance of drug port enforcement. We cannot ask young, poor HON. RICHARD E. NEAL testing programs. mothers to go out and get a job, only to let OF MASSACHUSETTS A bill to require employer notification for cer- young fathers evade their responsibility. Not IN THE HOUSE OF REPRESENTATIVES tain drug crimes. only would enhanced child support enforce- Wednesday, January 4, 1995 A bill to require mandatory drug testing for ment reimburse certain welfare costs, but in all Federal job applicants. some cases it may prevent families from going Mr. NEAL of Massachusetts. Mr. Speaker, A bill to provide the death penalty for drug on welfare in the first place. today I am introducing the Individual Retire- kingpins. I ask my colleagues to join me today in ment Options Improvement Act of 1995. This A bill to prohibit federally sponsored re- sending a clear message that both parents legislation makes changes to the Internal Rev- search involving the legalization of drugs. have a responsibility to provide for their chil- enue Code to improve Individual Retirement A bill to deny higher education assistance to dren. Accounts [IRA’s]. individuals convicted of using or selling illegal f The purpose of this legislation is to increase drugs. our national savings rate. The legislation con- These bills will increase user accountability. FORCED BUSING MUST STOP sists of two major components which are to It is imperative that we put tough new laws on encourage savings by increasing the amount the books to hold both casual and heavy drug HON. BILL EMERSON of deductible contributions which may be users accountable. These new laws will estab- OF MISSOURI made to an individual retirement account and lish that involvement with illegal drugs has IN THE HOUSE OF REPRESENTATIVES to allow homemakers to be eligible for the full clear consequences. We must increase the IRA deduction. First, the legislation allows an social and legal costs of illegal drug consump- Wednesday, January 4, 1995 individual who is an active participant to de- tion. Mr. EMERSON. Mr. Speaker, the Clinton duct the allowable amount and to deduct 50 Mr. Speaker, I would conclude by quoting administration recently decided that over $1.3 percent of the excess amount for that taxable the chairman of the Partnership for a Drug billion of Missouri tax dollars are not enough. year. This provision increases the deductible

VerDate Mar 15 2010 04:40 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 D:\FIX-CR\1995\E04JA5.REC E04JA5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE January 4, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E11 amount which individual taxpayers are cur- the beginnings of a market economy in China; INVESTMENT IN AMERICA ACT rently allowed for IRA’s. The legislation does the diffusion worldwide of advanced computer not increase the $2,000 limit. Second, the leg- and communications technology; and the ad- HON. JAMES A. TRAFICANT, JR. islation addresses the spousal IRA issue. The vent of a new global trade agreement. OF OHIO legislation allows homemakers to make the Yet our export control system still operates IN THE HOUSE OF REPRESENTATIVES same deductible IRA contribution as their under an old statute, needlessly impeding working spouses. many high technology exports while not ade- Wednesday, January 4, 1995 The purpose of this legislation is to increase quately focusing on proliferation threats. Testi- Mr. TRAFICANT. Mr. Speaker, every ses- our national savings rate. IRA’s are a proven mony last year to our subcommittee indicated sion since coming to Congress in 1985, I have tool to boost our savings rate. This legislation that some $30 billion in American exports are introduced a bill to reinstate a 10-percent do- increases the amount that can be deductible affected by this outmoded system, together mestic investment tax credit [ITC] for the pur- in an IRA. Taxes are just deferred. The focus with the thousands of jobs which would other- chase of domestic durable goods. I am reintro- of this proposal is savings for retirement. A wise be created by reforming the system. ducing this bill today, and I invite all Members new analysis commissioned by Merrill Lynch In introducing this legislation, I welcome rec- to become cosponsors. on the financial wealth of American families ommendations from my colleagues on how Mr. Speaker, as you know, the Ways and shows that half of American families currently this bill can be further strengthened. Means Committee intends to overhaul tax pol- have below $1,000 in net financial assets. Ac- I intend to continue our subcommittee’s tra- icy in the upcoming 104th session. I believe tion needs to be taken to improve this statistic. dition of approaching legislation in an effective my 10-percent investment tax credit bill should Allowing homemakers to contribute the full bi-partisan manner and to bring to the House be considered as a part of that new tax plan. amount to an IRA corrects an inequity and a bill that every Member can vote for and that The way this bill works could not be simpler. creates an incentive for savings. Increased re- the President can sign into law. If an American consumer buys a domestic tirement savings will result in economic growth product like a new machine or computer to im- and help retirees become financially inde- f prove their business, the consumer can take a pendent. We have to encourage individuals to BALANCED BUDGET AMENDMENT 10-percent tax credit if that product was made save for their retirement. This legislation is a LEGISLATION in America. If the consumer purchases a new step in the right direction. I urge you to sup- American-made automobile or truck, they can port this legislation. take a 10-percent tax credit. The tax credit f HON. BOB STUMP would be worth up to $1,000. OF ARIZONA Investment tax credits are not new, but mine THE EXPORT ADMINISTRATION IN THE HOUSE OF REPRESENTATIVES incorporates Buy American language to assist ACT OF 1995 Wednesday, January 4, 1995 economic enhancement. I believe that repeal- ing the investment tax credit in 1986 was one Mr. STUMP. Mr. Speaker, I am pleased HON. TOBY ROTH of the major reasons for the downfall in invest- today to reintroduce a balanced budget OF WISCONSIN ment. As a result, American companies are amendment. This amendment, if ratified by IN THE HOUSE OF REPRESENTATIVES competing with one hand tied behind their three-fourths of the States, will mandate that backs. Under my bill, at least 60 percent of Wednesday, January 4, 1995 the President submit and Congress pass a the basis of the product must be attributable to balanced Federal budget. Mr. ROTH. Mr. Speaker, today I have intro- value within the United States to take advan- The last budget Congress balanced was in duced the Export Administration Act of 1995. tage of the credit. In other words, language 1969. Since then, both deficits and the na- The text of this bill generally reflects the provi- the Commerce Department already uses to tional debt have soared to astronomical levels. sions reported to the House last year by the define an American-made product. We must put an end to this obscene accumu- Committee on Foreign Affairs, together with The purpose of the Investment in America lation of debt or face the prospect of a na- certain of the modifications recommended to tax credit is to stimulate the economy by spur- tional bankruptcy. the House last year by other committees. Title ring consumers and businesses to purchase Mr. Speaker, there are many in this body I of this bill originated with legislation that I in- American-made goods to enhance our long- who will say that the balanced budget amend- troduced in the 103d Congress as H.R. 3412. term competitiveness. I don’t know of a sim- ment is not needed, or that to balance the As the chairman of the Subcommittee on pler way to change our complex tax policy for budget we will have to cut vital and important International Economic Policy and Trade of the better. I have always argued that the so- programs to the bone. Nothing could be fur- the Committee on International Relations, I in- cial problems this country faces can be linked ther from the truth. tend to renew the effort to reform our export to the unfair and harmful trade and tax policies While it is true that Congress has always control system and see it through to comple- enacted by the Congress. The 104th Con- possessed the ability to balance the budget, tion, with enactment of reform legislation. gress offers us a unique opportunity to make the fact that it hasn’t done so in 26 years indi- The legislation I have introduced today is a difference in the direction this country is cates that a balanced budget has not been the starting point for this final push to enact- headed. among Congress’ top priorities. And while it is ment. In essence, we are picking up where Mr. Speaker, I urge all Members to cospon- also true that things have changed around our committee left off last year. Prior to acting sor my bill. As a Congress, we need to show here, what has not changed is the threat our on this legislation, our subcommittee will con- the American people that we are sincere national debt poses to the economic futures of sult with other members of our committee, about making America a strong nation once our children and grandchildren. We must as- with other committees and interested Mem- again. bers and with representatives of the President sure them that we will do everything in our as well as other interested parties. Refine- power to allow them to live in a debt-free na- f ments and modifications will be made and re- tion. THE NEW CONGRESS flected in a measure which will be presented I am sensitive to the concerns expressed by to the subcommittee for its consideration and those who fear a wholesale slaughter of vital HON. LEE H. HAMILTON approval as soon as possible. and important Federal programs. To be sure, OF INDIANA My goal is simple: To reform our outdated balancing the budget will not be without a cer- IN THE HOUSE OF REPRESENTATIVES export control system, help our high tech- tain degree of pain and sacrifice. However, it nology industries and create new American would not require the wholesale dismantling of Wednesday, January 4, 1995 jobs. vital programs, such as Social Security, that Mr. HAMILTON. Mr. Speaker, I would like to The last time Congress reformed the Export its critics allege. Indeed, balancing the Federal insert my Washington Report for Wednesday, Administration Act was in 1979, some 15 budget could only strengthen Social Security November 16, 1994, into the CONGRESSIONAL years ago. The last time it was amended in and other programs whose trust funds are in- RECORD. any significant way was in 1988. Therefore, vested in Government securities. THE NEW CONGRESS the current law simply does not reflect the pro- Mr. Speaker, the people of this country The 104th Congress that convenes in Janu- found changes which have occurred during voted for change—for a different approach to ary will have both the House and Senate the past 5 years alone: the end of the Cold government. We should give it to them. I can under Republican control for the first time War and COCOM; the new challenge of pro- think of no better starting point than to pass a since 1955. That changed makeup as well as liferation; the breakup of the Soviet empire; balanced budget amendment. the current mood of the country say a lot

VerDate Mar 15 2010 04:40 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 D:\FIX-CR\1995\E04JA5.REC E04JA5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE E12 CONGRESSIONAL RECORD — Extensions of Remarks January 4, 1995 about the congressional agenda and about ment leaner and more effective. We are not KNA has waited since 1982 to resolve its how the President will have to deal with dealing with those problems satisfactorily land selection problem with property which is Congress. from their standpoint. Often they are not within the boundaries of the Kenai National THE NEW MAKEUP OF CONGRESS aware of what has been done. Americans have become much more inter- Wildlife Refuge. KNA has reached a tentative The shift of Congress to Republican con- ested in local concerns. Many of them feel agreement with the U.S. Fish and Wildlife trol will have a major impact on the legisla- the federal government is no longer as im- Service with an exchange agreement on lands tive agenda. portant as it once was. They have redefined I hope that one lesson for the new Congress within the refuge. I believe that they have wait- what is really important to them. The closer is that both parties recognize they have to ed long enough for ratification of the agree- politics is to their home and their family, treat each other with greater respect. Power ment and believe they deserve to have this the more important it is to them. In many imposes responsibility, and it is much tough- behind them. This legislation will authorize and communities, I find that infrastructure im- er to govern than make calls from the provements and personal security for their direct the Secretary to make an offer to KNA bleachers. I hope one result of the election is families are the dominant concerns. to complete an exchange and acquisition of to make politicians think about Congress as It is clear that policymakers need to sort lands owned by KNA. an institution and what needs to be done to out which roles should be played by federal, This legislation represents an agreement improve it. state, and local governments and which Members of Congress also need to get a should be shared with the private sector. reached during the 103d Congress. It is my in- firmer grasp on the difference between doing There is certainly a strong feeling among the tention to move this legislation quickly and get what is right for tomorrow and what is po- voters that the federal government is simply it behind us. I urge my colleagues support so litically popular for today. We have to get a trying to do too much. that KNA can move forward with their agenda. longer-term perspective into our politics. We THE PRESIDENT’S APPROACH TO CONGRESS must ask what our country is going to be I am pleased with the efforts by KNA, its like when we reach the twenty-first century, With the changes in the 104th Congress, the former president, the late Katherine Boling, how we can keep the economy strong and President confronts two approaches about and board of directors as well as the Fish and prosperous, and how we can assure that our how to deal with his legislative agenda. He Wildlife Service to finalize this acquisition. can push ahead with comprehensive changes children have jobs and opportunity for per- KNA and the Fish and Wildlife Service have sonal fulfillment. in health care and welfare. He knows he will not succeed, but he could put the blame on set aside past differences and have resolved THE MOOD OF THE COUNTRY Congress for refusing to pass his programs. the land use disagreement which has pre- The current mood of the country also The other approach is to try to work out vented KNA from using most of its lands con- shapes what issues will be tackled by the agreements with the Republicans. veyed under ANCSA. At the same time, an- 104th Congress. I would urge the President to proceed on a The mood of the country is often described other purpose of Public Law 102–458 and, a path of compromise. He will have to work to Federal goal, was acquiring for public owner- as anti-government. My own judgement is develop a spirit of bi-partisanship. That will that Americans primarily oppose wasteful, not be easy. In effect, he will have to govern ship land along the Kenai River. These mis- duplicative, and corrupt government. They from the middle. But, of course, it takes two sions would be accomplished by the legisla- are prepared to support government that de- to make a deal and the Republicans will tion I am introducing today. livers services efficiently. They are saying want their agenda to be given priority. If the The Service has completed all the nec- that the growth of government needs to be President tries bi-partisanship and it fails, curbed and that the performance of govern- essary negotiations on land acquisitions and he will have little choice but to go on the of- exchange components and completed the ment needs to be improved. In a broader fensive. sense, Americans think the country is losing My advice to the President is that he has necessary public review and legal reviews re- its moral roots and that politicians are not to broaden his political base by governing quired for exchanges in Alaska. I commend doing anything about it. They want more at- from the center out, not from the left in. He the Service for their efforts to acquire a key tention to traditional values as well as an needs to forge an alliance with the new mem- parcel of land along the Kenai River, inside improved level of government performance. bers of Congress who are very close to their the boundaries of the Kenai National Wildlife Americans are alienated from government, constituents and in tune with the new poli- Refuge, for public use. This acquisition is the their elected representatives, and the polit- tics of the country. ical process. They feel a deepening power- crucial component of this legislation. Just as f lessness and pessimism over the future of the crucial is the need to allow KNA to make eco- nation. As one Hoosier put it to me, ‘‘I don’t INTRODUCING LEGISLATION CON- nomic use of lands conveyed to the corpora- really feel that the people of this country CERNING KENAI NATIVES ASSO- tion to settle native land claims. It is wrong have any control over what is going on.’’ CIATION, INC. under any sense of fairness or the law to con- There is a feeling that the country has be- vey lands to native corporations in settlement come too big, too complicated, too diverse. of recognized land claims yet at the same time Again and again, Americans say they are HON. DON YOUNG uneasy about their future and feel that they OF ALASKA prohibit the use of those lands. are not getting ahead. One principal reason IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, we need innovative measures for this is that the job market is changing in Wednesday, January 4, 1995 to resolve land use conflicts in Alaska. Sec- swift and unpredictable ways. People are no retary Babbitt has noted the need for innova- longer sure that even with two incomes in Mr. YOUNG of Alaska. Mr. Speaker, I am tive exchanges throughout the Nation to prop- the family they can maintain their standard introducing legislation today to correct a sig- erly manage Federal lands. This legislation of living. Their feeling that things might get nificant inequity in Federal law with respect to worse and their deep sense of insecurity are represents a fine example of an exchange land uses of property conveyed to the Kenai which resolves a longstanding land dispute on very difficult for a politician to deal with. Natives Association, Inc. [KNA]. The legisla- I find Americans distressed about many as- a voluntary basis. pects of society today: the amount of vio- tion, which will mark the final outcome of a process begun nearly 14 years ago and which I believe we can and should resolve this dis- lence and vulgarity, the rise of illegitimacy, pute on a voluntary basis. If we fail to do so, the decay of responsibility, the loss of tradi- was the subject of a congressional hearing tional values. The real message is their fear last Congress and the enactment of one in- the result will only be ill-will, an extreme in- of the future. They are deeply concerned terim law, would correct the land entitlement equity to the Alaska Natives of KNA, litigation about crime, job security, retirement in- inequities of KNA by authorizing and directing and the loss of an important opportunity to ac- come, and adequate health care. They ex- the completion of a land exchange and acqui- quire public, riverfront lands, along the Kenai press a feeling that something is eating away sition package. The legislation will allow KNA River. Further, there will remain a significant at the security of their lives. for the first time to make economic use of the doubt that any land use conflict involving Fed- Americans certainly support welfare re- eral lands in Alaska can be resolved in a co- form and tax cuts. They have a strong view majority of lands conveyed to the corporation that the tax burden on middle-class families under the Alaska Native Claims Settlement operative fashion. has risen steadily in recent decades and that Act of 1971. Mr. Speaker, I have worked closely with the there has been a decline in real income. We began the final stage in this process by former chairman of the Natural Resources Americans are turned inward and they worry directing, through enactment of Public Law Committee, Mr. MILLER, on this matter for about their own financial difficulties. They 102–458, an expedited negotiation of a land many years. I believe we have an opportunity have become less interested in foreign affairs acquisition package between the Fish and to correct an inequity, acquire valuable habitat, and the problems of the poor and the minori- ties in this country. Wildlife Service and KNA. Over the past year, and show that innovative answers to land use Congress has been dealing with many of negotiations were completed, resulting in a problems will work in Alaska. I am anxious to the problems people want addressed—the def- package which is identical to the elements of move forward on this legislation which re- icit, jobs, welfare reform, making govern- the legislation I am introducing today. solves this matter on a voluntary, willing seller

VerDate Mar 15 2010 04:40 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 D:\FIX-CR\1995\E04JA5.REC E04JA5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE January 4, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E13 basis early this year based on agreements sors in the 102d Congress. I subsequently MAKING THE POSTAL SERVICE reached during the last session between all in- worked closely with the Bush administration in MORE COMPETITIVE terested parties. its attempt to accomplish this important goal f by regulation. The regulations, however, were HON. PHILIP M. CRANE not final when the Clinton administration took OF ILLINOIS THE MILITARY RECRUITER office and have not been finalized. The Clinton IN THE HOUSE OF REPRESENTATIVES CAMPUS ACCESS ACT administration included this provision in the President’s Health Care plan and it was sub- Wednesday, January 4, 1995 HON. GERALD B.H. SOLOMON sequently included in both the Ways and Mr. CRANE. Mr. Speaker, remember that OF NEW YORK Means Committee and Mitchell Health Care lame old excuse, ‘‘the check is in the mail.’’ In IN THE HOUSE OF REPRESENTATIVES bills. A version of this legislation is also in- days gone by, those who heard it hoped and Wednesday, January 4, 1995 cluded in the Republican contract. prayed it was true. For if it was, they knew Mr. SOLOMON. Mr. Speaker, today I am in- This legislation would allow individuals who that they would soon be getting their money. troducing the Military Recruiter Campus Ac- are certified by a physician to have a terminal Not so today. As far too many people have cess Act, which would deny all Federal funds illness or injury which can reasonably be ex- found out, putting the check in the mail gives to educational institutions that bar or impair pected to result in death within 12 months, to neither the sender nor the would-be recipient military recruiting. As you know, this phe- receive the proceeds of their life insurance any assurance whatsoever that it will actually nomenon has proliferated across the country contracts on a tax free basis. arrive at its intended destination. Or that it will get there in time to avoid late charges or black in recent years. I believe that access to these assets will marks on one’s credit rating. This has outraged me for years, Mr. Speak- make the lives of the terminally ill significantly Over and over this past year, we heard sto- er. Simply justice demands that we not give easier with little cost to the Federal Govern- ries about mail being dumped, burned or taxpayer dollars to institutions which are inter- ment. fering with the Federal Government’s constitu- stashed by mail carriers or hidden away in Under current law. life insurance proceeds tionally mandated function of raising a military. warehouses by postal managers not wanting payable on death are generally tax free. This Further, with the defense drawdown, recruiting to admit how far behind their delivery efforts legislation, therefore, should have only a minor the most highly qualified candidates from had fallen. At least a half dozen of these in- revenue impact in that the only change would around the country has become even more stances occurred in the Chicago area alone. be one of timing—tax free receipt of life insur- important. On top of that, reports of slow mail delivery ance proceeds one year earlier than otherwise Last year, we began to deal with this injus- have been too numerous to mention. As a re- would be the case. tice with the overwhelming passage of my sult, people have lost confidence in the Postal amendment to the fiscal year 1995 DOD au- In addition, access to these assets is critical Service and remedies such as a new $7 mil- thorization bill which, with the support of Sen- to those many terminally ill individuals, who lion logo or a 3-cent increase in the cost of ator NICKLES, became law on October 1. That have no health insurance. To the extent that first class postage have done nothing to re- law, which denies any DOD funds from going these individuals tap their life insurance poli- store it. to colleges and universities which are discrimi- cies to pay their final health care costs,. Fed- To be fair, the U.S. Postal Service [USPS] nating against recruiters, has already begun to eral dollars will be saved. has made repeated efforts in recent months to have some positive effect. I am told by the improve the quality and timeliness of its serv- Pentagon that schools across the country are f ice. But this is not the first time questions getting the message and preparing to accom- have been raised about the USPS’s perform- modate recruiters rather than lose their pre- ENGLISH IS OUR COMMON THREAD ance or that attempts to improve it have been cious funding. made. To the contrary, there has been enough But to pick up the stragglers who are still past efforts, the Postal Reorganization Act of not complying, further action is necessary. We HON. BILL EMERSON 1970 being the most prominent, to suggest that a whole new approach is needed. have additional leverage, Mr. Speaker. My OF MISSOURI amendment last year covered only DOD Generally speaking, most USPS employees funds, which amount to roughly $3 billion an- IN THE HOUSE OF REPRESENTATIVES are conscientious, hard working individuals who want to do a good job. For the most part, nually. But the Federal Government provides Wednesday, January 4, 1995 an additional $8 billion annually in grant and the problem is not so much with them as it is contract funding to colleges and universities Mr. EMERSON. Mr. Speaker, many times with the system in which they operate. Put through other departments and agencies such before I have taken to the floor to speak about simply, that system lacks the incentives nec- as HHS, Agriculture, and the National Science the importance of the English language. For essary to bring about the gains in productivity Foundation. decades, English has been the de facto lan- and customer service that are essential if the Barring military recruiters is an intrusion on guage of the United States. In recent years, USPS is to live up to the public’s expectations. Federal prerogatives, a slap in the face to our 19 States have designated English as their of- For one thing, the USPS is insulated against Nation’s fine military personnel, and an im- ficial language. Support for these efforts has competition in the delivery of first class mail pediment to sound national security policy. We been overwhelming. I strongly believe that which means customers need not be won over should draw the line on this in the 104th Con- English should be the official language of the but can be taken for granted. For another, it gress, Mr. Speaker, I urge bipartisan support United States Government. I have been a per- is subsidized by the Federal Government, for the bill. sistent sponsor of such legislation, and I will which means there is less pressure to be effi- f again today introduce the Language of Gov- cient. For a third, it does not have the bottom ernment Act. line incentives—such as the profit motive and INTRODUCTION OF PREPAYMENT profit-sharing arrangements—which make OF LIFE INSURANCE BENEFITS At the same time, however, I want to recog- many private companies so productive. BILL nize the important contributions of other lan- A quick look at the parcel delivery business guages through a sense-of-the-Congress reso- bears out this assessment. Thirty years ago, HON. BARBARA B. KENNELLY lution. In an increasingly global world, foreign most all parcels were delivered by the Postal languages are key to international communica- Service. Today, competitors like FED-EX, OF CONNECTICUT tion. I strongly encourage those who already IN THE HOUSE OF REPRESENTATIVES UPS, and DHL handle a vast majority of pack- speak English to learn foreign languages. ages shipped around the country, despite the Wednesday, January 4, 1995 As a nation of immigrants, America is com- built-in advantages enjoyed by the USPS. Mrs. KENNELLY. Mr. Speaker, I rise today prised of people of all races, nationalities, and Also, the growing movement towards cor- to introduce legislation which has had strong languages. These differences make our Nation porate competition in, or the privatization of, bipartisan support in the past, legislation to the wonderful place it is. While being different, postal services in other countries reinforces provide for the prepayment of death benefits all of these people can find a common means that hypothesis. New Zealand, for instance, on life insurance contracts for the terminally ill. of communication in the English language. converted its postal service from a govern- I first introduced this legislation in the 101st English is the common thread that connects ment department to a state owned but decon- Congress. It had over 100 bipartisan cospon- every citizen in our great Nation. trolled corporation in the late 1980’s and has

VerDate Mar 15 2010 04:40 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 D:\FIX-CR\1995\E04JA5.REC E04JA5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE E14 CONGRESSIONAL RECORD — Extensions of Remarks January 4, 1995 watched it flourish ever since. Last year, Hol- ENDING THE FOREIGN AID status, self-esteem, and morale. Often these land partially privatized its postal service and PIPELINE MESS last two simply cannot be fixed with a simple Germany is doing the same starting this Government-sponsored grant. month. Also, there has been considerable dis- HON. TOBY ROTH My legislation would also allow older build- cussion in Great Britain about the possibility of OF WISCONSIN ings and underused facilities in decaying cities the chance to be fully utilized, thereby fur- privatizing parts of the Royal Mail and IN THE HOUSE OF REPRESENTATIVES Parcelforce, a move favored by a number of thering the economic and cosmetic recovery of its top managers. Wednesday, January 4, 1995 those cities. And because those facilities In this country, the objection to privatization Mr. ROTH. Mr. Speaker, today I have intro- would already be in place, NASA would not has been that it would result—allegedly—in duced legislation to bring to an end a multibil- have to spend a fortune on constructing all cream skimming by USPS competitors which lion-dollar problem with our foreign aid pro- new buildings and support infrastructure. would leave the USPS with the financially grams: the so-called foreign aid pipeline. The Mr. Speaker, NASA’s operations should not troublesome prospect of being left with only pipeline consists of funds appropriated in prior just be something we see pictures of on tele- rural and bulk mail to deliver. However, the years, up to a decade ago, but which are not vision. I urge my colleagues to cosponsor this logic behind such an assumption not only expended and just sit in accounts waiting for legislation so that all Americans can take ad- does a disservice to the capabilities of USPS some bureaucrat to dream up a way to spend vantage of this country’s space program. employees but it overlooks the significance of it. f Responding to my request for an investiga- the telecommunications revolution now under- THE 103D CONGRESS way. What with the growing popularity of FAX tion in 1991, the General Accounting Office re- machines, modems, internet, E-mail and the ported that nearly $9 billion has been sitting in HON. LEE H. HAMILTON like, the truth of the matter is that the USPS the pipeline, for up to 10 years. GAO rec- OF INDIANA is more likely to be left with rural and bulk mail ommended that such unneeded funds be can- IN THE HOUSE OF REPRESENTATIVES to deliver if it doesn’t go private than if it does. celed after 2 years, with a couple of specific Only by keeping up with the times and the exceptions. Wednesday, January 4, 1995 competition, which can best be done by oper- In 1991, the House adopted my amendment Mr. HAMILTON. Mr. Speaker, I would like to ating in the same way as the competition, can to cut off this pipeline, but the underlying bill insert my Washington Report for Wednesday, be USPS hope to thrive in the future. was not enacted. Again in 1993, a version of October 19, 1994, into the CONGRESSIONAL Understandably, many USPS employees, my amendment was incorporated into the For- RECORD. fearing for their jobs, have certain reservations eign Affairs Committee’s foreign aid reform THE 103D CONGRESS about going that route. Since change often bill, but that bill also was not enacted. The 103rd Congress promised to govern. In breeds uncertainty and uncertainty is unset- Today, I am renewing my initiative to cut off the end, despite significant achievements, it tling, such a reaction is only natural. However, this multibillion waste of taxpayers’ funds. was unable to deliver on much of the legisla- change also brings opportunity and that would GAO estimated that about half of the funds in tive program. But it should not be judged solely on the numerous measures which were certainly be true if the USPS were to be con- the pipeline could be recovered by enacting my proposal, as much as $4.5 billion. My bill defeated in the closing weeks. Among them verted into a private corporation. And it would were the bills dealing with health care, cam- be especially true if that corporation were to was drafted after consulting with experts at the GAO. paign finance, lobbying disclosure, tele- be an employee owned one. Not only would communications, and toxic waste clean-up. the new entity be able to explore new markets At a time when Congress is debating reduc- There is no doubt it was a bad ending to the and develop new ways of doing business, tions in programs for Americans, foreign aid Congress. both of which could benefit postal workers, but should be cut first. The place to start cutting But the 103rd Congress really did quite a making it employee owned would give workers is in the foreign aid pipeline, because it has al- lot. It was reasonably productive even ready been determined to be a source of through extraordinarily contentious. In the more control over their futures as well as a end I think it was a respectable Congress, share of the profits. waste. As the new Congress proceeds to consid- not spectacular but at least average. For all these reasons, I have decided to in- ering legislation to make spending savings, I MEASURES PASSED troduce once again legislation that would con- intend to seek action on this bill and end this Important legislation passed by the 103rd vert the U.S. Postal Service into a totally pri- misuse of taxpayers’ money. Congress included deficit reduction, the vate, employee-owned corporation. As was North American Free Trade Agreement, fam- the case with my previous bills to this effect, f ily and medical leave, ‘‘motor voter’’ reg- this measure calls for this transition to be im- USE OF UNDERUTILIZED BUILD- istration, national service corps, Hatch Act plemented over a 5 year period, after which revisions, the crime bill, interstate branch INGS IN ECONOMICALLY DE- banking, Goals 2000 education reform, and the USPS’s current monopoly over the deliv- PRESSED AREAS deep cuts in the federal workforce. GATT ery of first class mail would end. However, may be added to this list during a special there is one difference between this bill and HON. JAMES A. TRAFICANT, JR. post-election session. It is easy to imagine my previous legislation. To make the pros- another 8 to 12 pieces of major legislation OF OHIO pects for the success of this new private sec- that could have been passed near the end but IN THE HOUSE OF REPRESENTATIVES tor corporation even more likely and attractive, were not. In judging the Congress it is im- the measure I am introducing today calls for Wednesday, January 4, 1995 portant to think in terms of not only what it the cost-free transfer of the assets held by the did but also what groundwork it laid. My Mr. TRAFICANT. Mr. Speaker, I rise today guess is that basic agreements were reached USPS to that corporation. Now only will that to reintroduce legislation that I sponsored in in several areas in preparation for passage make the transition to private status easier to the 103d Congress that would require the Na- next year. That includes a telecommuni- arrange, but it will speed the day when Amer- tional Aeronautics and Space Administration to cations bill and superfund reform. ican taxpayers will no longer have to subsidize take advantage of abandoned and underuti- The central achievement of the 103rd Con- an operation that has been losing money as lized buildings and grounds in economically gress was passage last year of one of the well as the mail. depressed areas of the country when selecting largest deficit reduction packages in his- tory—reducing the projected deficits over Given the clear need for more than just new site facilities. I invite all Members to co- five years by some $430 billion. The deficit minor adjustments to our postal delivery sys- sponsor this legislation. will fall three years in a row—the first time tem, I hope my colleagues will carefully con- I believe that in this age of reinvestment in that has happened since the Truman Admin- sider this legislation and then give it their sup- our large cities, programs such as Enterprise istration. This has helped boost the econ- port by signing on as co-sponsors. If America Zone and HUD grants offer economically de- omy—raising the overall growth rate, boost- is to be truly competitive in the forthcoming pressed communities the opportunity to pick ing productivity, and reducing the unem- era of computers and telecommunications, we themselves up and forge ahead with their re- ployment rate. Some 4.6 million new jobs simply cannot afford a correspondence deliv- covery. I also believe, however, that Federal have been created since January 1993, com- pared to 2.4 million over the previous four ery system that is neither prompt nor reliable. agencies, such as NASA, should look at those years. Passage of the North American Free Instead, we need a system that is state of the same communities when looking to expand Trade Agreement abolishing trade barriers art and the best way to get it is make use of, their facilities. Much like a major sports team, between the United States, Mexico, and Can- by making the USPS a part of, the private NASA expansion into an economically de- ada has led to a sharp increase in U.S. ex- sector. pressed area would boost the area’s financial ports to our NAFTA partners.

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Among the other achievements of the 103rd CONCLUSION their basis in the asset to the rate of infla- Congress were several education initiatives, Overall the 103rd Congress came out of the tion. Thus, no tax on inflation-induced gains. including renewal of elementary and sec- starting gate fast but it collapsed at the fin- Example: taxpayer buys a house for $100,000 ondary education aid and expansion of Head ish line. Some of the critics say that this and sells it 9 years later for $200,000. Infla- Start, the Goals 2000 reform to set achieve- was perhaps the worst Congress in 50 years. tion was 5% per year over the 9-year period. ment standards, a school-to-work transition I simply do not agree. Those critics were too Basis for measuring gain is $145,000 so gain is program, and an overhaul of the college stu- focused on the final days of the Congress and $55,000. dent loan program. Two separate banking have not looked at the overall record. Cer- A 3-year holding period would apply so laws passed, one the remove restrictions on tainly the final record could and should, that the deduction would not be available to bank branches across state lines and another have been better, but the 103rd Congress did any taxpayer who held the asset for less than to put money for economic development into manage to put together a list of significant 3 years. distressed areas via community development accomplishments. f banks. The new crime package means more f police on the street, more prisons, and INTRODUCTION OF THE ANAKTU- tougher punishment for federal crimes. INTRODUCTION OF CAPITAL GAINS VUK PASS LAND EXCHANGE AND The reinventing government effort had TAX PROPOSAL WILDERNESS REDESIGNATION some distinct successes; procurement reform ACT OF 1994 to streamline government buying of goods and services and to allow more products to HON. RICHARD E. NEAL be purchased off the shelf, and buyouts to OF MASSACHUSETTS HON. DON YOUNG cut the federal payroll by almost 280,000 jobs IN THE HOUSE OF REPRESENTATIVES OF ALASKA over six years. Government reorganization IN THE HOUSE OF REPRESENTATIVES advanced with the creation of a separate So- Wednesday, January 4, 1995 cial Security Administration and reorganiza- Mr. NEAL of Massachusetts. Mr. Speaker, Wednesday, January 4, 1995 tion of the Agriculture Department. Con- today I am introducing legislation, the Middle Mr. YOUNG of Alaska. Mr. Speaker, I am gress renewed the independent counsel to in- Class Income Tax Relief Act of 1995, which pleased today to introduce the Anaktuvuk vestigate allegations against high ranking provides a capital gains tax cut for working government officials. The most significant Pass Land Exchange and Wilderness Redes- piece of environmental legislation passed class Americans. This legislation provides a ignation Act of 1994. When enacted, this legis- was the California Desert Protection Act lifetime capital gains bank of $200,000. Any lation will ratify an agreement to settle a long- creating the largest wilderness area outside taxpayer throughout the person’s lifetime standing and difficult dispute between the Na- Alaska. would have a capital gains bank of $200,000. tional Park Service and Alaska Native land- DISAPPOINTMENTS Under this legislation, a taxpayer could ex- owners over the use of all-terrain vehicles—or A Congress, of course, is always measured clude up to 50 percent of the gain on the sale ATV’s for access for subsistence purposes in against expectations. Looking just at what of a capital asset, up to the limit in the max- Gates of the Arctic National Park and Pre- the 103rd Congress achieved, quite a lot was imum tax rate of 19.8 percent. serve. done. But looking at it against expectations The benefit of lifetime capital gains tax bank The residents of Anaktuvuk Pass and the and opportunities, it does not measure up would phase out as a taxpayer’s income in- National Park Service have had a long- very well. One standard by which Congress creases above $200,000. Under this legisla- standing dispute over the use by village resi- clearly failed was in gaining public con- tion individuals who sold stocks saved for re- fidence. dents, of certain ATV’s for substance pur- As I wrote earlier, this Congress was a re- tirement or a second home, or elderly individ- poses on national park and wilderness lands form Congress and we learned once again uals, who have a large gain in the sale of their adjacent to the village. In an effort to resolve that those who seek reform and change run principal residence, would benefit. The pro- this conflict, Arctic Slope Regional Corp.—the into many obstacles and risk failure. posal includes a 3-year holding period for the regional corporation established by the Inupiat I was disappointed that congressional re- capital asset. Short-term stock speculators Eskimo people of Alaska’s North Slope under form, which included modest proposals for would not be able to qualify for the benefit. change made by the bi-partisan committee I the provisions of the Alaska Native Claims In addition, the bill allows taxpayers to index Settlement Act [ANCSA], Nunamuit Corp.—the co-chaired, died in both houses. These reform the cost of real estate for inflation. An inflation- proposals will certainly be on the agenda for Anaktuvuk Pass ANCSA Village Corp.—the the 104th Congress. induced gain is not a capital gain and should city of Anaktuvuk Pass and the National Park The most significant failure of the Con- not be subject to tax. Service have entered into an innovative agree- gress was on health care reform. It died when Lately, there has been much said about the ment both guaranteeing dispersed ATV ac- consensus failed to develop among sup- necessity and benefits of a capital gain tax cess on specific tracts of park land and lim- porters of various plans. Welfare reform did cut. A capital gains tax cut is a valid measure, iting development of Native land in the area. not get out of committee. A campaign fi- but a capital gains tax needs to be economi- The agreement will limit the types of ATV’s al- nance reform plan with voluntary spending cally feasible and to benefit the middle-class. limits and curbs on special interest money lowed and will also lead to enhanced rec- A capital gains tax cut needs to be respon- reational opportunities by improving public ac- was killed by filibuster, as was a bill to ban sible. I believe the Middle Income Tax Relief lawmakers from accepting any gifts from cess across Native lands. lobbyists. Act of 1995 is an appropriate capital gains tax The village of Anaktuvuk Pass is located on I was disappointed that welfare reform was cut. the North Slope of Alaska in the remote Mr. Speaker, I insert a summary for the not enacted, but encouraged that in 1995 it Brooks Mountain Range, completely within the RECORD. will be high on the agenda of the 104th Con- boundary of and surrounded by the Gates of gress. I was also disappointed that we could SUMMARY OF MIDDLE INCOME TAX RELIEF ACT the Arctic National Park and Preserve. Village not strengthen the Clean Water Act and the OF 1995 residents have long relied upon the use of Safe Drinking Water Act. Individuals would have a lifetime capital It is especially difficult to move on reform gains ‘‘bank’’. ATV’s for summer access to subsistence re- when public confidence in government is Bank limit would be $200,000 per person. sources, primarily caribou, on certain of these waning and suspicion of its every act is ris- All individuals would be entitled to the nearby park, and park wilderness lands. As ing. The public sees Congress as a do-nothing $200,000 bank: for example each spouse of a there are no rivers near the community for assembly of quarrelsome partisans more at- married couple would each have a separate motorboat access to park lands, ATC’s pro- tuned to the special interests than to the limit. vide the primary means by which to reach and voters. The large number of filibusters in the Any individual who sold a qualified asset transport game in the summer. The only alter- Senate certainly slowed the agenda. could exclude up to 50% of the gain on the Many members of Congress believe the sale, up to the $200,000 limit. native to ATV use is to walk which is not fea- news media contributed to the very tough Qualified assets would include all capital sible in these remote areas. Snowmobiles are environment within which we do our work. assets under the present law, except collect- the primary mode of transportation for subsist- The media tend to be more destructive than ibles. ence activities in the winter. constructive, criticizing even those who are Under the bill, the maximum tax rate on With the passage of the Alaska National In- striving to make things better. One of my capital gains income would be 19.8% (i.e. 1⁄2 terest Lands Conservation Act [ANILCA] in colleagues said that nothing about govern- of the maximum 39.6% rate). 1980, Congress expressly reserved the rights ment is done as incompetently as the report- The full benefit would be available in any ing of it. That may be an overstatement, but year that a taxpayer had adjusted gross in- of rural Alaska residents to continued, reason- it is frustrating to see the failures of Con- come in excess of $200,000. able access to subsistence resources on pub- gress celebrated while the very real suc- In the case of a sale or exchange of real lic lands, by providing in section 811(a) of that cesses are ignored. property, taxpayers would be able to index act, ‘‘rural residents engaged in subsistence

VerDate Mar 15 2010 04:40 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 D:\FIX-CR\1995\E04JA5.REC E04JA5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE E16 CONGRESSIONAL RECORD — Extensions of Remarks January 4, 1995 uses shall have reasonable access to subsist- otherwise affect in any way, anyone’s rights the savings would have ranged anywhere from ence resources on public lands.’’ Section and privileges to access public lands in Alaska $7 billion to $17 billion per year. 811(b) of ANILCA provides further that ‘‘the for subsistence purposes. This agreement In the 103d Congress, the House passed an Secretary shall permit on the public lands ap- does not conform or deny that ATV access to expedited rescission bill which would force an propriate use for subsistence purposes of public lands for subsistence use is a statutorily up-or-down vote on a presidential rescissions snowmobiles, motorboats, and other means of protected traditional access right under package. I voted for this bill—it’s a far cry from surface transportation traditionally employed ANILCA, and consequently, this agreement the true line-item veto, but it is a step in the for such purposes by local residents, subject does not purport to resolve this issue. right direction. We need to encourage fiscal As discussed previously, this legislation to reasonable regulation.’’ The National Park responsibility in the Congress. Service and the Native landowners disagree would remove 73,993 acres of wilderness from about whether ATV’s are other means of sur- the park and designate 56,825 acres of new I urge support and passage of both of these face transportation traditionally employed for wilderness. Consistent with agreements important fiscal accountability bills early in the subsistence purposes in Gates of the Arctic reached during the 103d session, 13,168 104th Congress. The time is right for this leg- National Park and Preserve. But there is no acres of wilderness will be designated along islation to finally come to fruition. dispute that ATV’s are necessary for the sum- the Nigu River, adjacent to the park, hence, a mertime subsistence activities of the residents no-net-loss, no-net-gain of wilderness in the f of Anaktuvuk Pass. area. Following several years of discussions, the f LIMIT CONGRESSIONAL TERMS Native landowners and the National Park Service have reached an agreement which will BALANCED BUDGET AMENDMENT finally resolve the ATV controversy on the AND LINE-ITEM VETO HON. BOB STUMP public lands surrounding Anaktuvuk Pass. In OF ARIZONA April 1992, the Park Service issued a final leg- HON. BILL EMERSON islative environmental impact statement em- OF MISSOURI IN THE HOUSE OF REPRESENTATIVES bracing the proposed agreement, and in No- IN THE HOUSE OF REPRESENTATIVES Wednesday, January 4, 1995 vember 1992, the Secretary of the Interior en- Wednesday, January 4, 1995 dorsed the agreement in a Record of Deci- Mr. STUMP. Mr. Speaker, last November, sion. The parties executed the agreement on Mr. EMERSON. Mr. Speaker, I am intro- citizens across the country sent a strong mes- December 17, 1992. ducing two bills today to amend the Constitu- sage to the Congress that they will no longer tion to provide some budgetary common The parties have since executed two tech- tolerate business-as-usual on Capitol Hill. This sense—one will require a balanced Federal nical amendments to the original agreement. resulted in a new Congress that has already budget; the other will provide line-item veto The agreement involves an exchange of begun to demonstrate that it will deliver the re- power for the President. land and interests in lands between the Native forms Americans have asked for and justly de- I have long been a staunch supporter of a landowners and the Park Service. Specifically, serve. I am proud to be a part of this new, re- balanced budget amendment to the Constitu- the Federal Government will convey in fee ap- form-minded body. proximately 30,642 acres of park land to Arctic tion. I have cosponsored the balanced budget Slop Regional Corp. and Nunamuit Corp. On amendment since I came to Congress, but One of the reforms that is foremost on the the Federal land conveyed to the Native cor- until recently, the amendment was blocked by minds of Americans is congressional term lim- porations, the National Park Service will re- its opponents. its. They are tired, and rightly so, of career serve surface and subsurface access and de- In 1992, the balanced budget amendment politicians who are more concerned with their velopment rights as well as broad public ac- fell just nine votes short of the two-thirds ma- reelection campaigns than advancing a legis- cess easements. In addition, certain non- jority needed for passage. In the 103d Con- lative agenda that is in the Nation’s best inter- wilderness areas of federally owned park land gress, I was disappointed to see that both the ests. will be opened to dispersed ATV use. In re- House and the Senate rejected the balanced Under the current system of unlimited 2- turn, the Native landowners will convey to the budget amendment. Some Members of the year terms, no sooner are lawmakers elected Federal Government approximately 38,840 Congress continue to oppose the balanced to office before they are gearing up for the acres in fee for inclusion in both the national budget amendment, claiming that Congress next campaign. This is no way to promote park and national wilderness systems. Native needs fiscal discipline now instead of in the fu- good government, and only contributes to the landowners will also convey to the Park Serv- ture. I agree with part of that statement whole- malfunctioning legislative process. Moreover, it ice additional surface and subsurface develop- heartedly: Congress does need fiscal dis- is fiscally unsound. There is compelling evi- ment rights on 86,307 acres as well as a se- cipline now. It should be obvious to all, how- dence that the longer Congressmen stay in ries of conservation, scenic, and public access ever, that with deficits for 30 of the last 31 Washington, the more likely they are to sup- easements on other Native-owned lands within years, Congress simply has not had that dis- port big spending programs, regardless of the the boundaries of Gates of the Arctic National cipline. public desire for budget cuts. Park and Preserve. Finally, the city of I will continue to push for passage of the In an effort to reverse this damaging trend, Anaktuvuk Pass will convey a city lot to the balanced budget amendment. A constitutional I am today introducing a resolution proposing National Park Service for administrative pur- amendment is no substitute for direct action that our Constitution be amended to limit poses. on the part of Congress. However, we have Members of Congress to three 4-year terms. Congressional ratification of this agreement seen time and time again that Congress does Under the system of limited terms I am offer- will be required in order to remove 73,993 not have the ability to provide that action, and ing, we would have a body of noncareer legis- acres of Federal land from the National Wil- we need this enforcement mechanism. While I lators who know that their stay in Washington derness Preservation System, as well as to share individuals’ concerns about social secu- is temporary. They would not be constantly designate approximately 56,825 acres of other rity and other vital programs, I believe Con- dogged by reelection concerns and would be park and presently Native-owned lands as gress needs this fiscal tool to ensure budget able to devote more time and attention to their new national wilderness. If ratified by Con- discipline. It is time to just say no—and mean legislative responsibilities and make the tough gress, the agreement will expressly authorize it—to the tax-and-spend policies that have got- budget-cutting decisions that are desperately dispersed ATV use on certain lands within the ten the Federal Government into this mess to needed. This would go a long way toward re- park boundary. Without congressional ap- begin with. storing integrity and fiscal responsibility to the proval, the agreement will become null and My rationale for introducing a line-item veto Congress. void, and none of the conveyances or creation resolution is similar. As long as Congress con- of easements proposed by the agreement will tinues to send the President jam-packed, all- Mr. Speaker, when the Constitution was occur. encompassing spending bills, the President drafted, the Framers did not contemplate peo- It is intended that this agreement will re- must often choose between signing unneces- ple making a career of politics, and history solve the longstanding dispute over subsist- sary spending into law on one hand and shut- shows that they anticipated a good deal of ence use of ATV’s only on public lands in and ting down the Federal Government on the turnover in Congress. I, therefore, urge my around Anaktuvuk Pass. It is important to note other. A General Accounting Office [GAO] re- colleagues to join me in this effort to return the that neither this agreement nor the accom- port estimated that if the President had line- House to the body of citizen legislators that panying Federal legislation will diminish, or item veto authority from 1984 through 1989, our Founding Fathers envisioned.

VerDate Mar 15 2010 04:40 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 0626 Sfmt 0634 D:\FIX-CR\1995\E04JA5.REC E04JA5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE January 4, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E17 NATIONAL AGRICULTURAL peace in the maritime industry, the Navy, the money required to satisfy this purpose. Until WEATHER INFORMATION SYS- Coast Guard, and the National Oceanic and that occurs, State maritime cadets will have to TEMS ACT IMPROVEMENTS Atmospheric Administration. Unlike students pay their own fees. In this way, Congress can enrolled at the national service academies, ca- ease the financial burden on these maritime HON. JAMES A. TRAFICANT, JR. dets at our six State maritime academies pay cadets without forcing their academies to re- OF OHIO their own tuition and fees for their education, duce funding for vital training or educational IN THE HOUSE OF REPRESENTATIVES including training cruises and naval science programs. Wednesday, January 4, 1995 courses. In addition, their academic year lasts Mr. Speaker, I urge my colleagues to join 11 months, which deprives them of the oppor- me in support of the State Maritime Academy Mr. TRAFICANT. Mr. Speaker, last year I in- tunity for summer employment. In order to get Licensing Relief Act. troduced legislation H.R. 1016, which would a maritime job, graduates have to take and f amend the National Agriculture Weather Infor- pass examinations for a license as an engine mation Systems Act of 1990 to improve the or deck officer. JOB TRAINING collection and distribution of weather informa- Regrettably, in 1990, the Omnibus Budget tion to assist agricultural producers. Today, I Reconciliation Act—Public Law 101–508—re- HON. LEE H. HAMILTON am again introducing this bill, and I urge all moved longstanding prohibitions against the OF INDIANA Members to cosponsor this important legisla- collection of fees or charges for these exami- IN THE HOUSE OF REPRESENTATIVES tion. nations and licenses. While I oppose any fee The 1990 farm bill established the National or charge for the issuance of a maritime li- Wednesday, January 4, 1995 Agricultural Weather Information System under cense, I am particularly distressed that there Mr. HAMILTON. Mr. Speaker, I would like to the U.S. Department of Agriculture to meet the are no exemptions from these fees, and that insert my Washington Report for Wednesday, weather and climate information needs of agri- they even apply to cadets graduating from our January 4, 1995 into the CONGRESSIONAL cultural producers. I believe that the program State maritime academies. In response to that RECORD. is vital because it collects and organizes act, the Coast Guard has imposed a number JOB TRAINING weather information from universities, State of new fees requiring these fine young men An important challenge for the nation is to programs, Federal agencies and the private and women to pay up to $500 to obtain their equip American workers with the skills and weather consulting sector. Moreover, it pro- licenses and merchant mariner documents. training necessary to find jobs in today’s vides funding for weather research programs. Mr. Speaker, State maritime academy ca- labor force. In talking with employers in In- However, it provides for the establishment dets, who normally take a licensing examina- diana, I am constantly impressed with the of only 10 State agricultural weather informa- tion within 3 months of graduation, do not mismatch between the skills Hoosiers have tion systems that are responsible for dissemi- have the financial resources to pay these fees. and the skills managers require. Many work- nating information to agricultural producers in ers have skills, but not the right skills that They have just completed 4 years of college, high technology companies require to com- those States. That leaves a large portion of have spent thousands of dollars on college ex- this Nation’s agricultural producers without any pete globally. The problem is how you move penses, and have yet to earn a penny in their a work force suited to one type of economy assistance. chosen profession. The fees place a heavy into a world that demands different skills. Mr. Speaker, my legislation fills the gaps left burden on cadets at a time when they can PRIVATE SECTOR TRAINING by present law by requiring the Secretary of least afford it. These fees are a disincentive to Agriculture to enter into an agreement with the The private sector has taken the lead on those contemplating a career in the U.S. mari- training and retraining the work force. Such Secretary of Commerce to use Weather Serv- time industry and they are patently unfair, in efforts vary from firm to firm, but tend to ice offices and Weather Service forecast of- that other transportation professionals, like air- predominate in larger companies. Corporate fices to collect, organize, and distribute infor- line pilots and railroad engineers, are not re- restructuring has reassigned responsibility mation aimed at meeting the short-term and quired to pay licensing or examination fees. from upper management to workers and su- long-term weather and climate information These fees will do little to reduce our Fed- pervisors, increasing the need for manage- needs of agricultural producers. Each field of- eral deficit; they will cause tremendous pain ment and team-based skills at these levels. Companies have recognized that survival in fice of the National Weather Service will be re- for our State maritime academy graduates; sponsible for collecting and organizing infor- the global marketplace requires a flexible and they will further strain the U.S. merchant work force with diverse skills and adapt- mation that will impact the region that it cov- marine industry, which is struggling for its sur- ability to new work routines and environ- ers. vival. ments. On average, employers spend about H.R. 1016 will provide agricultural producers Superintendents at the State academies 2% of their payroll on training. throughout the Nation with comprehensive and strongly recommend that the user fees for li- The skills that are needed in the workplace timely information. Weather information is cen- censes be repealed for all cadets taking an are fairly well agreed upon. Workers need tral to agricultural producers across the Nation entry level examination. These superintend- the ability to develop work schedules, budget money and assign staff. They require inter- because variations in weather conditions can ents have previously testified during congres- cause huge losses in production. My legisla- personal skills. They need to know how to sional hearings that ‘‘it is unconscionable to use computers to gather and process infor- tion will reduce the risk of profit loss. mandate to young men and women who pay Once again, Mr. Speaker, I urge all Mem- mation. They must understand how their for an education which clearly supports our own work fits into the work around them so bers to cosponsor this important legislation. national security to take and pass a licensing that they can solve problems. They also need f exam, and then charge them a fee to take it. to deal with new technologies in an everchanging workplace. INTRODUCTION OF THE STATE In essence, the user fee is a graduation tax which is exorbitant in relation to an entry level None of these skills replaces the needed MARITIME ACADEMY LICENSING proficiency in the basics: reading, writing RELIEF ACT cadet’s income history.’’ and arithmetic. Without those basic skills, While my preference would be to either re- the other skills would be of little value. The HON. JACK FIELDS peal these onerous fees or waive them for important thing is that the education sys- first-time recipients, unfortunately, the Con- OF TEXAS tem produce learners, not knowers. Workers gressional Budget Office has indicated that ei- need to demonstrate a mastery of skills IN THE HOUSE OF REPRESENTATIVES ther approach would create a pay-as-you-go more than the accumulation of a body of Wednesday, January 4, 1995 [PAYGO] budget problem. Since I am not in- knowledge. Mr. FIELDS of Texas. Mr. Speaker, I am terested in increasing anyone’s tax burden, I FEDERAL PROGRAMS pleased to introduce today a bill to provide re- have decided to solve this problem in a dif- The federal government runs a number of lief to the young men and women who attend ferent way. training programs to help complement pri- our State maritime academies: Texas A&M Under my bill, our six State maritime acad- vate sector efforts, but many of those pro- University at Galveston, the California Mari- emies would each receive a portion of a grams have had a mixed record of success. time Academy, the Great Lakes Regional Mar- $300,000 authorization to pay any Cost Guard The federal government spent about $25 bil- lion last year on more than 150 employment itime Academy, the Maine Maritime Academy, user fees associated with the cost of a cadet and training programs administered by 14 the Massachusetts Maritime Academy, and obtaining an original license and merchant agencies. Many of these programs are small the New York Maritime Academy. mariner document. Furthermore, this reim- and receive limited funding, and most are These academies educate and train li- bursement system would only be activated managed in cooperation with state govern- censed officers for service during war and when Congress appropriates the additional ments. In Indiana, for example, the Indiana

VerDate Mar 15 2010 04:40 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 0626 Sfmt 0634 D:\FIX-CR\1995\E04JA5.REC E04JA5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE E18 CONGRESSIONAL RECORD — Extensions of Remarks January 4, 1995 Department of Workplace Development runs society must adopt a philosophy of life-long Republican majority in Congress and the Re- many retraining programs through local pri- learning and training for workers. Without publican Contract With America, we have an- vate industry councils. well-trained workers, this country will be- other opportunity to reduce the capital gains Federal education and training programs come a second-rate economy. concentrate on two types of persons. Dis- rate. f advantaged workers lack the basic skills to Over the years I have sponsored, cospon- function in the labor force or to acquire edu- INTRODUCTION OF THE EQUAL sored, and supported many different capital cation and training. Programs for these per- REMEDIES ACT gains proposals. Indeed, I am an original co- sons concentrate on providing skills and edu- sponsor of the contract’s capital gains pro- cation that will enable them to participate posal offered by my long-time colleague and in the work force and become self-sufficient. HON. BARBARA B. KENNELLY good friend, the new chairman of the Ways Some programs provide remedial training; OF CONNECTICUT and Means Committee, BILL ARCHER. In addi- others, adult literacy and vocational train- IN THE HOUSE OF REPRESENTATIVES tion, to cosponsoring Chairman ARCHER’s leg- ing. Dislocated workers have the skills to par- Wednesday, January 4, 1995 islation, however, I wanted to again introduce ticipate in the work force, but have become my own legislation to this Congress, not only temporarily unemployed. These workers may Mrs. KENNELLY. Mr. Speaker, today I am to highlight my long-standing commitment to require retraining to find new jobs. Workers introducing legislation to correct a serious in- this issue, but to raise the matter of the appro- who become dislocated through federal poli- equity in civil rights legislation, created by the priate rate of taxation for capital gains. cies, such as trade agreements, environ- passage of the Civil Rights Act of 1991. While In the next months, the Ways and Means mental regulation or defense downsizing are that bill represented significant progress in the Committee will be holding a series of hearings eligible for federally funded job training. ongoing battle to overcome discrimination, it that will include debate and discussion of a REFORMS also created a two-tiered system of justice. capital gains rate reduction. We will discuss Congress has already taken some steps to Under the current law, victims of intentional indexation of capital gains—something I be- improve the current system. It has funded racial discrimination are entitled to unlimited local ‘‘one stop’’ career centers where work- lieve is absolutely critical—the period of time damages. However, victims of discrimination which capital must be held to qualify, and we ers can obtain information on training pro- based on disability, sex or religion can receive grams and employment opportunities. It has will discuss the rate at which capital gains also created School-to-Work transition pro- damages only up to a statutory maximum. ought to be taxed. grams that will assist young persons in mak- Just as I strongly support the right to seek un- Frankly, I would love to see capital gains ing the transition from school to full-time limited damages for racial discrimination, I taxes eliminated altogether. Moreover, I be- employment. also support this redress for victims of other lieve any reduction in the rate will be bene- However, more dramatic reforms are likely types of discrimination as well. ficial to all Americans. However, if your inten- to be considered this year. We need to con- That is why I am introducing the Equal tion is to greatly stimulate capital investment solidate our present array of federal job Remedies Act of 1995. This bill would elimi- training programs in a manner that en- while at the same time maximize revenues to hances worker participation and produc- nate caps on damages set by the Civil Rights the Treasury, experts suggest that the capital tivity. These programs should be structured Act of 1991 and send the strong message that gains rate should be set somewhat between to make information and resources more discrimination of any kind cannot be tolerated 12–15 percent. The legislation I am intro- available to the intended recipients. One ap- by our society. It is time to make all victims of ducing today would provide for a maximum proach would be to consolidate existing pro- discrimination equal under the law—second- capital gains rate of 15 percent for all brackets grams into a single federal program and give class remedies have no place in anti-discrimi- except for those in the lowest bracket, where state governments more flexibility in admin- nation law. the rate would be 7.5 percent. istering retraining efforts. A second ap- I urge all my colleagues to support this im- proach involves providing ‘‘skill scholar- I would be remiss in closing this statement ships’’, student loans, and tax credits to portant legislation. without making some additional comments those who are in need of training and edu- f with regard to the benefits of reducing the cation. Financial resources would be placed capital gains rate. First, all Americans will ben- directly in the hands of those who seek to CAPITAL GAINS—CREATING JOBS efit from a reduction in capital gains tax, not improve their skills. AND TREASURY REVENUE just the rich. It is flat out wrong to state that CONCLUSION only rich people will benefit from such a tax Most studies show that the benefits of fed- HON. PHILIP M. CRANE cut. Indeed, the last time we seriously debated eral retraining efforts are modest, especially OF ILLINOIS the issue in 1989, Treasury Department statis- in the programs for severely disadvantaged IN THE HOUSE OF REPRESENTATIVES tics showed that almost 75 percent of those workers. It has become very clear that you families/individuals filing tax returns which re- cannot make up for the deficits of a lifetime Wednesday, January 4, 1995 in a few months of training. We may get bet- ported capital gains had incomes of less than ter results from programs with one or two Mr. CRANE. Mr. Speaker, when I first ran $50,000, hardly the rich. years of intense training. for Congress in a 1969 special election, the Moreover, when the capital gains rate is re- I am inclined to think that the main focus overriding theme of my candidacy at that time duced, not only does money flow more freely of our efforts should be on mainstream and the theme of my candidacy ever since, between capital investments but more money young people who are not going on to four centered on fiscal responsibility—less spend- is invested in capital. Both of these con- year college. The approach would direct such ing and lower taxes. Although I was not ini- sequences are highly beneficial, and the net youth into community colleges and tech- tially able to serve on a committee directly result of more investment is more jobs. The nical programs to upgrade their basic skills dealing with tax or budget issues, in the 94th and to learn other skills needed in growing small businessman who is taking a risk start- areas. Our country does a lot for people who Congress, 1975–1976, I was honored with an ing a new business will find it easier to attract go to college. We do considerably less for appointment to the Committee on Ways and investors to share that risk because the pen- people who do not. They are the forgotten Means, the committee with jurisdiction over all alty for success has been reduced. Moreover, half. They are also largely the people who tax matters that came before Congress. I have because a larger pool of money will become build homes, fix appliances, repair roads, an- served on that committee ever since. available for capital investment due to a re- swer telephones and work in factories. In the years prior to my service in Congress, duced capital gains tax rate, the cost of that Of course, the great flaw in the training it had become clear to me that lower taxes programs is simple: many trainees cannot capital to businesses will go down. find jobs. One approach to alleviate this pro- stimulate economic growth, and this was cer- Another point that must be mentioned con- gram may be for government to provide tainly the case with regard to the taxation of cerns how the change in the capital gains rate training funds to employers who have jobs capital gains. From the day I began serving in affects revenues to the Treasury—not a small but cannot find suitable workers. This ap- Congress I have pushed to reduce the rate of issue in our dire budgetary circumstances. proach sidesteps expensive and fruitless job tax on capital. In the time I have served on the Critics of capital gains rate reductions have al- searches. Employers, under this approach, committee, we have reduced the capital gains ways tried to suggest that a reduction in the would guarantee jobs to those who complete rate twice, only to see the rate hiked back up capital gains rate will mean a reduction in rev- training successfully. The nation’s challenge is to create a sys- through the enactment of the Tax Reform Act enue to the Treasury. Nothing could be further tem of worker training that will train a of 1986. In 1989, we came close to again from the truth. In reality, the past two times we highly skilled and educated work force, bringing the rate back down, actually passing have reduced the capital gains rate, revenues boost our nation’s productivity, and meet a reduction in the House, only to see the leg- to the Treasury attributed to capital gains have the economic challenges from abroad. Our islation die in the Senate. Now, with a new actually increased. This happens because of

VerDate Mar 15 2010 04:40 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 D:\FIX-CR\1995\E04JA5.REC E04JA5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE January 4, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E19 the consequences I just mentioned. When the (1) in the 4th sentence— DOD ASSISTANCE IN BORDER rate is lower, more money flows to capital and (A) by striking ‘‘County’’ and inserting PROTECTION FUNCTION between capital assets. Thus, you have more ‘‘and Rockland Counties’’; and capital gain transactions and it is the trans- (B) by inserting ‘‘each’’ before ‘‘such coun- HON. JAMES A. TRAFICANT, JR. action which triggers the tax. Moreover, the ty’’; and OF OHIO economic growth generated by more available (2) in the last sentence— IN THE HOUSE OF REPRESENTATIVES and cheaper capital creates jobs, which (A) by striking ‘‘County’’ the 1st place it Wednesday, January 4, 1995 means more taxpayers. appears and inserting ‘‘or Rockland Coun- The vast majority of major industrialized ties’’; and Mr. TRAFICANT. Mr. Speaker, I rise today countries in this world already know these (B) by striking ‘‘County’’ the 2d place it to reintroduce legislation that would authorize benefits and their capital gains rates are sig- appears and inserting ‘‘and Rockland Coun- the Secretary of Defense to assign up to nificantly lower than the current rate in the ties’’. 10,000 full-time Department of Defense [DOD] United States. It is time that the United States SEC. 2. REGULATIONS AND EFFECTIVE DATE. personnel to assist the Immigration and Natu- got smart and caught up with the rest of the ralization Service [INS] and the U.S. Customs The Secretary of Housing and Urban Devel- world. I look forward to a productive debate on Service in performing their border protection the capital gains issue in the Ways and Means opment shall issue regulations implementing the amendments made by section 1 not later functions. This legislation is identical to H.R. Committee and hope that our committee’s 1017, which I introduced in the 103d Con- capital gains initiative, in whatever final form it than the expiration of the 90-day period be- ginning on the date of the enactment of this gress. I am urging my colleagues to become takes, passes both the House and the Senate Act. The regulations may not take effect co-sponsors of this legislation. and is signed into law by the President. until after September 30, 1994. The Border Patrol has the strength of only f 3,800, yet its mission is to guard the two long- ROCKLAND COUNTY MEDIAN f est borders of one of the largest countries of INCOME BILL, H.R. 21 the world. Reports indicate that, at any given HEALTH INSURANCE EQUITY ACT time, only 800 patrolmen are available to pro- HON. BENJAMIN A. GILMAN OF 1995 tect our 2,000-mile southern border. OF NEW YORK The people of this country have shown that IN THE HOUSE OF REPRESENTATIVES they are becoming increasingly impatient with HON. BLANCHE LAMBERT LINCOLN Congress’s inaction toward illegal immigration. Wednesday, January 4, 1995 OF ARIZONA In California alone, voters in November ap- Mr. GILMAN. Mr. Speaker, I rise to intro- IN THE HOUSE OF REPRESENTATIVES proved a State referendum that would dis- duce H.R. 21, legislation to correct the median continue nearly all State social benefits for ille- income calculation for Rockland County, NY. Wednesday, January 4, 1995 gal immigrants. While there is heated debate Currently, Rockland County’s median in- on both sides of this issue concerning its con- come is calculated by the Department of Mrs. LINCOLN. Mr. Speaker, I rise today to stitutional and moral grounds, the problem Housing and Urban Development [HUD] as re-introduce a bill that will make health insur- would not even exist if a stronger Border Pa- part of the primary metropolitan statistical area ance premiums more affordable for farmers trol existed to monitor illegal crossings. Yet [PMSA], which includes all of the income data and self-employed individuals. The Health In- Congress has failed to provide funding nec- for New York City. For this reason, HUD lists surance Equity Act of 1995 simply changes essary to enlarge the Border Patrol. Until Con- Rockland County’s median income for a family the tax code to permanently provide the self- gress can find the money, this military option of four as $40,500. The 1990 census shows employed with a 100-percent tax deduction for is the best short-term way to address this that the county’s true median income to be costs incurred while purchasing health insur- shortage of Border Patrol personnel. Until our $60,479, a difference of approximately ance. This legislation will also be retroactive to borders are fully protected, illegal immigrants, $20,000. the previous tax year beginning January 1, drug traffickers, and possible terrorists will Since HUD’s income levels are used in cal- 1994, when the 25-percent deduction expired. have an open invitation to cross into the culating eligibility for almost all State and Fed- Let me be clear, this legislation gives the self- United States undetected. eral housing programs, these inaccurate sta- employed the 100-percent deduction now, and DOD personnel are already involved in tistics severely limit the access of Rockland extends it to last year. County residents to many beneficial programs. some border protection work. Yet, in terms of It is time to face the facts about purchasing numbers, their involvement is virtually insignifi- Income caps for the State of New York mort- health coverage today. Many of the 37 million gage agency, Fanny Mae/Freddie Mac, HUD’s cant. My new bill would permit the Secretary uninsured are small business owners. Health of Defense to beef up the border with DOD section 8, and a myriad of other beneficial pro- care costs averaged $3,160 per person in grams are artificially low, thus most of Rock- personnel so that our borders are fully pro- 1992, with current increases projected to run land’s residents, financial institutions, sellers, tected. in double digits through the end of the century. and home builders are at a severe disadvan- We have hundreds of thousands of U.S. Prescription drug costs in many cases have tage compared to their counterparts in neigh- troops deployed throughout the world pro- risen more than 60 percent since 1985. My boring counties, whose statistics accurately re- tecting European, Asian, and Latin American constituents are asking for relief. flect their population. nations. At the same time, we have approxi- During the 103d Congress I was successful This bill achieves our goals of health care mately three million illegal aliens crossing our in gaining the inclusion of this important bill’s cost reduction and better access for the unin- border annually, carrying drugs into our Nation language in H.R. 3838, the Housing and Com- sured while reducing costs for those currently and taking jobs away from Americans that munity Development Act. Unfortunately, insured through lowering fees passed onto need them. If the DOD can bestow hundreds though this legislation was approved by the consumers from hospitals for care of the unin- of thousands of U.S. troops on foreign nations House of Representatives the Senate chose sured. Adoption of this proposal may even en- for their defense, it should be able to spare not to act. courage employers to purchase better health about 10,000 military personnel to protect our Accordingly, I urge my colleagues to support care plans for their employees. Nation. this median income bill as well as the 104th Our actions must show our constituents that Once again, I urge all Members to become Congress’ attempt to enact a major housing we understand the problems they are facing. cosponsors of this important legislation. bill. This legislation achieves 100-percent deduct- f At this point in the RECORD, I request that ibility immediately without any phasein. Tax re- the full text of my bill be inserted in the lief and tax fairness are what this legislation is VOLUNTARY SCHOOL PRAYER RECORD: all about, and tax relief and tax fairness are H.R. 21 what the Health Insurance Equity Act of 1995 HON. BILL EMERSON Be it enacted by the Senate and House of Rep- is promoting. While this legislation is not the resentatives of the United States of America in OF MISSOURI Congress assembled, final solution to our health care ills, it is a nec- IN THE HOUSE OF REPRESENTATIVES essary first step in providing assistance to the SECTION 1. DETERMINATION OF INCOME LIMITS. Wednesday, January 4, 1995 That section 3(b)(2) of the United States small businessmen and farmers who are the Housing Act of 1937 (42 U.S.C. 1437a(b)(2)) is economic backbone of my district, my State, Mr. EMERSON. Mr. Speaker, I rise today to amended— and our economy. introduce a constitutional amendment to allow

VerDate Mar 15 2010 04:40 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 D:\FIX-CR\1995\E04JA5.REC E04JA5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE E20 CONGRESSIONAL RECORD — Extensions of Remarks January 4, 1995 for voluntary school prayer. The Founding Fa- REFORMING THE HOUSE requirement that committees losing one half thers intended religion to provide a moral an- of their members be considered for abolition. The basic approach of the leadership pro- chor for our democracy. Wouldn’t they be puz- HON. LEE H. HAMILTON posal should modestly improve the com- zled to return to modern-day America and find, OF INDIANA mittee system, but it does not address the among elite circles in academia and the IN THE HOUSE OF REPRESENTATIVES fundamental problem of several committees media, a scorn for the public expression of re- Wednesday, January 4, 1995 having huge jurisdictions. ligious values. I find it ironic that while tax- Drawing on the proposals of an earlier re- Mr. HAMILTON. Mr. Speaker, I would like to payer’s dollars are being used by bureaucrats form commission, the leadership would cre- insert my Washington Report for Wednesday, ate a new chief administrative officer for the to distribute condoms in our public schools December 28, 1994 into the CONGRESSIONAL House who would be responsible for man- across America, our children are prohibited RECORD. aging its non-legislative functions. I support this attempt to reduce patronage. But the from reading the Bible or offering voluntary REFORMING THE HOUSE leadership has made the chief administrative prayer in public schools. This sends a power- In early January, the House of Representa- ful message to our children—and it is the officer a partisan position, appointed and su- tives will consider and likely pass the most pervised by the Speaker. Instead, the admin- wrong message. significant reforms of its internal operations istrative functions of Congress should be in decades. These changes were proposed by handled in a bipartisan fashion, with the One of the many liberties our forefathers the new leadership, but many are drawn founded this great Nation upon was freedom chief administrative officer reporting to from the reform plan of last session’s Joint leaders from both parties. of religion; a freedom to pray to the God we Committee on the Organization of Congress. Another proposal would require a three- More generally, the reforms continue a want, when we want, and where we want. Un- fifths ‘‘supermajority’’ in the House to in- tradition of institutional renewal, dating fortunately, this freedom has been eroded by crease income tax rates. However, almost all from the mid-1970s, which aims to open up substantive issues in the House are now set- the Supreme Court over the last few decades. congressional deliberations, increase the au- tled by majority rule, and it is unclear why I firmly believe that no one should be forced thority of party leaders, and make the House a three-fifths vote is appropriate for revenue to pray, especially if a certain prayer is con- leadership more accountable to rank-and-file matters but not for other legislation. If such Members of Congress and the public. My trary to an individual’s beliefs. But, there can supermajorities proliferate in the House, the sense is that most of the new reforms are be no question that every American citizen result would be more legislative gridlock in constructive, and will lead to meaningful im- has the right to pray voluntarily whenever and Washington. In addition, the constitu- provements in the way business is conducted tionality of this proposal is in question. wherever he or she chooses, and that in- in the House. REFORM OMISSIONS cludes children in public schools. This is pro- JOINT COMMITTEE REFORMS From my viewpoint, a number of impor- tected under the first amendment; ‘‘Congress Many of the reforms in this package were tant reform recommendations in the Joint shall make no law respecting an establishment derived from the work of the Joint Com- Committee plan are not included in the pro- mittee on the Organization of Congress, a bi- of religion, or prohibiting the free exercise posals made by the new leadership. I intend cameral and bipartisan panel which I co- thereof.’’ It is that second part that I ask you to work for the passage of these reforms dur- chaired. The Joint Committee made its rec- to pay special attention to today. ing the 104th Congress. Among the omitted ommendations for reform in November 1993, recommendations are proposals to: First, in- As President Reagan so eloquently stated in and last year the House did pass one of its clude private citizens in the ethics process in major recommendations—requiring Congress 1982, ‘‘the First Amendment of the Constitu- a meaningful way. The Joint Committee pro- to live under the same laws it applies to the tion was not written to protect the people of posed that private citizens investigate ethics private sector. complaints against Members of the House, this country from religious values; it was writ- Unfortunately, the remainder of the Joint but major ethics reforms are not included in ten to protect religious values from govern- Committee’s reform plan was not considered the package under consideration. ment tyranny.’’ by the full House during the 103rd Congress. Second, publicize the special interest tax But the new House leadership has adopted or breaks included in revenue bills and the built on many of the key reform rec- f budget resolution. My sense is that special ommendations: First, again require the ap- interest loopholes should be treated the plication of private sector laws to Congress. SOURCE TAX LEGISLATION same as special interest spending projects. It is critical that Members of Congress fol- Such items should not be hidden from the low the laws they pass for private citizens. public in huge bills. Third, streamline the Second, streamline the bloated congressional budget process by shifting if from an annual HON. BOB STUMP committee system, by reducing the total to a biennial cycle, reducing redundant deci- number of committees and restricting the OF ARIZONA sions and allowing more time for oversight. number of committee assignments Members IN THE HOUSE OF REPRESENTATIVES can have. The leadership also adopted a CONCLUSION Joint Committee proposal to significantly The new House leadership has made a good Wednesday, January 4, 1995 reduce the number of subcommittees. Third, start toward the passage of meaningful con- cut congressional staff. The leadership has gressional reform. Their efforts have been Mr. STUMP. Mr. Speaker, today I reintro- proposed a one-third reduction in committee assisted by the work of prior reform commis- duce legislation to prohibit State governments staff. It recommended no reduction in Mem- sions, as well as the public demand for from taxing the pension income of people who bers’ personal staff or in large congressional change and the transition to a new leader- reside in other States. support agencies such as the General Ac- ship with less invested in the institutional counting Office. The Joint Committee rec- status quo. I intend to introduce and push The so-called source tax has become a ommended a reduction in the entire legisla- for additional reforms aimed at making the major cause of anger and concern among re- tive branch of up to 12%. Fourth, open up House more efficient and publicly account- tirees in Arizona and other States. Many of Congress to enhanced public scrutiny by pub- able. Reform is an on-going process. And re- these retirees are being forced to pay income lishing committee attendance and roll call form is no panacea—many difficult issues are votes, requiring that the Congressional on the agenda. But sustained and meaningful tax to States in which they no longer live, nor Record be a verbatim account of congres- institutional change is crucial for the res- have lived for many years. sional proceedings, and requiring that spe- toration of public confidence in Congress. In my opinion, the authority of California and cial interest projects included in spending f other source tax States to tax Arizona resi- bills be publicized, thus providing additional barriers to wasteful spending. INTRODUCTION OF POLICE AND dents merely because those residents may at ADDITIONAL REFORMS FIREFIGHTERS TAX CLARIFICA- one time have lived in those States and were The new leadership has also proposed TION covered by a pension plan, is dubious at best. changes that were not included in the Joint The legislation I am introducing today would Committee package, some of which are con- HON. BARBARA B. KENNELLY make clear that one State cannot tax the pen- structive, others of which are problematic. OF CONNECTICUT sions of people who live in another. It is my For example, to streamline the House it has IN THE HOUSE OF REPRESENTATIVES belief and the belief of my constituents, that if proposed that three standing committees be source tax States need to raise revenue, they abolished. The Joint Committee adopted a Wednesday, January 4, 1995 more flexible, ‘‘attrition’’ approach to com- should do so from their own residents—not mittee abolition, providing incentives for Mrs. KENNELLY. Mr. Speaker, I rise today from people who cannot respond at the ballot Members to leave less important committees to introduce legislation that is of vital interest box. through strict assignment limitations and a to police and firefighters in Connecticut.

VerDate Mar 15 2010 04:40 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 D:\FIX-CR\1995\E04JA5.REC E04JA5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE January 4, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E21 This legislation would simply clear up a situ- ty of 1977 and during the 17 years since, the agreement provided that the United States ation where erroneous State law has caused Armed Forces of the United States have stood would view an attack upon Panama in the benefits that were intended to be treated as watch over the canal from a series of military same light as an attack upon itself. Com- workmen’s compensation to be brought into bases located in a 10-mile-wide strip of terri- promised as well would be the possibility of a income on audit. In several States, including tory adjacent to the canal. From those bases, broader business understanding, under which Connecticut, the State law providing these they have been in a position to deal effectively the United States might lease the canal as benefits for police and firefighters included an not only with immediate threats to the canal well as its current military bases in exchange irrebuttable presumption that heart and hyper- itself, but also with other problems that could for such considerations as additional lease tension conditions were the result of haz- have eroded hemispheric peace and security if and/or dividend payments, trade concessions ardous work conditions. left untended. An excellent example of the two and/or an acceleration of prior U.S. treaty In Connecticut the State law has been cor- combined came just a few weeks ago when commitments. In short, Panama has even rected so that while there is a presumption Cuban refugees sent to Panama pending a more to gain, relatively speaking, from a base that such conditions are the result of haz- determination of their status went on a ram- rights/canal defense arrangement than does ardous work, the State or municipality involved page that had to be quelled by United States either the United States or its hemispheric could require medical proof. This change sat- military personnel. neighbors, which may explain why public opin- isfies the IRS definition of workmen’s com- The collapse of communism and the rise of ion polls taken there the past 2 years have pensation. Therefore, all this legislation would the supertanker notwithstanding, there is good consistently shown that at least two-thirds of do is exempt from income those payments re- reason to believe that a smoothly operating, those polled favor such an arrangement. ceived by these individuals as a result of faulty properly protected canal will be even more Significantly, strong support for a 21st cen- State law but only for the past 3 years—1989, significant to the United States, Panama, Latin tury base rights/canal defense agreement also 1990 and 1991. From January 1, 1992 forward America and the rest of the world in the future. exists in the United States. In fact, a nation- those already receiving these benefits would Several good reasons in fact. The conclusion wide poll taken last March demonstrated a have to meet the standard IRS test. of the NAFTA and the GATT agreements, not level of support nearly as high in this country The importance of this legislation is that to mention the recent decision by the Summit as has been evidenced in Panama. That being these individuals believed that they followed of the Americas Conference in Miami to strive the case, one would think that serious negotia- State law. The cities and towns involved be- for an inter-American free trade zone by the tions to reach such an agreement would have lieved that they followed State law and there- year 2005, signal clearly a reduction in tariff gotten underway by now, especially since the fore all parties involved believed that these and nontariff barriers throughout the region time by which it should take effect is fast ap- benefits were not subject to tax. However, the and the world. As they fall, the shipment of proaching. But, instead of moving forward to IRS currently has an audit project ongoing in goods will inevitably rise as will the utility of start these negotiations, governments in both Connecticut and has deemed these benefits the only vessel shortcut from the Atlantic to the United States and Panama have been taxable. All this legislation says is that all par- the Pacific and back. That being the case, the more inclined to hold back, preferring the ties involved made a good faith effort to com- strategic significance of the Panama Canal, as other to take the lead. Understandable as that ply with what they thought the law was. The one of the world’s great maritime chokepoints, may be from the standpoint of national pride, State was in error. That error has been rec- will continue to grow, a fact that will not be the problem is time is of the essence if an tified but those individuals on disability should lost on terrorist groups or renegade nations agreement is to be reached before the im- not be required to pay 3 years back taxes plus determined to achieve their objectives by pending United States withdrawal of its re- interest and penalties. whatever means necessary. With the weapons maining military forces from Panama is, for all This legislation has passed the House pre- they have, or can acquire, either might exert, practical purposes, irreversible. Under terms of viously. It was included in H.R. 11, the Rev- or try to exert, leverage if there is even the the 1977 Panama Canal Treaty, the United enue Act of 1992 which was subsequently ve- slightest perception that the Canal is open to States departure from Panama must be com- toed by President Bush. I hope that the 104th mischief as well as commerce. plete by December 31, 1999 which means Congress can act expeditiously on this impor- So long as United States military personnel that, absent an understanding well before tant legislation. can be stationed in Panama and respond to then, we must proceed with the systematic re- f any attacks on, or threats against, the canal, moval of our military forces and equipment be- no such perception should exist. But, under fore that time. Put simply, any further delay in BASE AND CANAL RIGHTS IN the terms of the Panama Canal Treaty of opening negotiations, however well intended, PANAMA POST 2000 1977, which is still in effect, the United States not only dims their prospects but also the is scheduled to remove all its military per- prospects for the continued safe and depend- HON. PHILIP M. CRANE sonnel from Panama and turn over their bases able operation of the canal itself. OF ILLINOIS to Panama by December 31, 1999. After that Under those circumstances, it seems to me IN THE HOUSE OF REPRESENTATIVES date, Panama will have the sole responsibility that Congress is in a particularly good posi- for not only operating but also defending the tion—a unique position in fact—to address Wednesday, January 4, 1995 canal, a big task for a small nation. Unless, of their problem and help get these important ne- Mr. CRANE. Mr. Speaker, 80 years ago, the course, an agreement is reached between the gotiations started. If it were to pass a resolu- United States completed construction of one United States and Panama that will first, allow tion advising the President to enter into such of the engineering marvels of its or any age, the United States to lease its military bases in negotiations, then the question of whether the a multilock, 51-mile-long interoceanic ship Panama past the turn of the century, second, President or the Government of Panama canal across the Isthmus of Panama. Since permit United States military forces to operate should be the first to call for talks would be then, this manmade waterway has served the out of those bases, and third, enable the moot. Neither would be in the position of hav- maritime nations of the world almost without United States to guarantee the regular oper- ing initiated the request for negotiations, interruption, enabling them to ship their goods ation of the canal. meaning that the latter should then be able to from the Atlantic to the Pacific and vice versa The successful negotiation of such an proceed with dispatch. Inaction by Congress, much faster and cheaper than would have oth- agreement would be of particular benefit to on the other hand, promises no such advan- erwise been possible. Even with the advent of Panama, as well as being of considerable as- tages. At best, it is likely to mean opportunity the supertanker and large container ships, the sistance to the United States and the rest of delayed or diminished. At worst, it could result Panama Canal remains a vital link in world the hemisphere. At present, some 6,000 jobs in opportunity denied. commerce through which 15 percent of Amer- and $200–600 million in additional income for Not wishing to share responsibility for either ica’s trade, and 5 percent of the world’s, Panama are tied directly to the United States outcome, I am introducing today a sense-of- passes. In fact, a number of ships today— military establishment in what was formerly Congress resolution calling upon the President Panamax vessels they are called—are being known as the Canal Zone. Remove that estab- to enter into negotiations for a base rights/ built to specifications that will enable them to lishment and most of that money and those canal defense agreement with Panama. Spe- just clear the canal when fully loaded. jobs will disappear, as will the prospect of cifically, the resolution calls for an agreement Credit for this outstanding operating record lease payments that would otherwise result that would allow our military forces to be sta- should go not only to those who have run the from the continued American use of its bases tioned in Panama after the turn of the century canal all these years but also to those who in the zone. Also lost would be an opportunity and would give those forces the right to act have provided security for it. For the 63 years for Panama to forgo the cost of a military es- independently in order to guarantee the secu- prior to the signing of the Panama Canal Trea- tablishment, something it could safely do if the rity and assure the regular operation of the

VerDate Mar 15 2010 04:40 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 D:\FIX-CR\1995\E04JA5.REC E04JA5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE E22 CONGRESSIONAL RECORD — Extensions of Remarks January 4, 1995 Panama Canal. In almost every respect, this passing is a great loss for her family and our mission established various training camps resolution is identical to House Concurrent community. I ask my colleagues to join me at around the country under the direct super- Resolution 17, which I introduced in the 103d this time in paying tribute to her and the life vision of the Coast Guard. After completing Congress and which was cosponsored by no of purpose she led, and extend our deepest of basic training, which included both small arms less than 85 of my colleagues. The only sig- sympathies to Jim and Mandy, to her col- and cannon proficiency, a seaman became an nificant differences is that the passage of time leagues and to her community. She made us active member of the U.S. merchant marine. has made its enactment all the more impera- a better people with her all-too-brief 41 years These seamen helped deliver troops and tive. That being the case, I urge my col- of life. war material to every Allied invasion site from leagues join me as soon as possible as co- f Guadalcanal to Omaha Beach. They also sponsors of this resolution. Without being too transported troops back home to the United specific, it provides the direction necessary to INTRODUCTION OF THE MERCHANT MARINERS FAIRNESS ACT OF 1995 States and, when that task was completed, bring about a canal security arrangement that they carried food and medicine to millions of is not only needed but in the best interests of the world’s starving people. all concerned. HON. JACK FIELDS Mr. Speaker, it has been 49 years since the OF TEXAS f end of World War II. Nevertheless, there are IN THE HOUSE OF REPRESENTATIVES TRIBUTE TO JANET PARKER BECK still some Americans who served in that war Wednesday, January 4, 1995 who have not received the honors, benefits, or HON. ANNA G. ESHOO Mr. FIELDS of Texas. Mr. Speaker, it is an rights they deserve. H.R. 44 will correct that injustice by providing veterans status to some OF CALIFORNIA honor for me to reintroduce, along with our 2,500 merchant mariners who have become IN THE HOUSE OF REPRESENTATIVES distinguished colleague LANE EVANS, on this first day of the new 104th Congress, the Mer- the forgotten patriots of World War II. Wednesday, January 4, 1995 chant Mariners Fairness Act. Unlike their brothers in uniform, America’s Ms. ESHOO. Mr. Speaker, I rise today to During the last Congress, this bill received merchant seamen came home to no ticker- pay tribute to Janet Parker Beck—an award- extensive consideration but, regrettably, it was tape parades or celebrations. Little, if any- winning journalist for the San Mateo Times, not enacted into law. In fact, it was cospon- thing, was said about the contributions they book author, devoted mother, and caring sored by 241 Members and it was adopted by made to defeating the Axis powers or to pre- wife—who passed away last month after an the House of Representatives on three sepa- serving the freedoms that all Europeans and 11-week battle with cancer. Having been a rate occasions. all Americans cherish. Worse, these merchant friend and admirer of Ms. Beck for many The bill I am reintroducing today is the prod- seamen came home to none of the veterans years, I know that her untimely death at the uct of that careful consideration. It has been benefits enjoyed by other Americans who young age of 41 is a tremendous loss for her endorsed by many diverse groups, including served their country during the World War II family, the San Mateo County community, and the largest American Legion post in the United period. our country. States, the Disabled American Veterans, and In 1987, after years of litigation and delay, Ms. Beck was born and raised in San Mateo the AFL–CIO. It deserves the support of every U.S. District Judge Louis S. Oberdorfer ruled and began her journalism career at Crestmoor Member of the House of Representatives. that previous decisions by the Air Force reject- High School in San Bruno. After graduating Mr. Speaker, by way of background, my col- ing veterans status for World War II merchant from college—having served as editor for stu- leagues should know that during World War II, seamen were ‘‘arbitrary and capricious and dent publications at Skyline Community Col- some 17.9 million men and women were in- not supported * * * by substantial evidence.’’ lege and San Jose State University—she was ducted into our Armed Forces. Of that figure, hired by the Times. During her career at the 6.3 million volunteered and the remaining 11.6 Despite the results of this landmark court newspaper, Ms. Beck covered medical issues million were drafted. Of this total, some 6.4 case, then Air Force Secretary Edward Al- and legal affairs, including a dozen death-pen- million or 35.8 percent were rejected for active dridge unilaterally decided that World War II alty cases and more than 40 murder trials. Her duty because of various physical or mental ended on August 15, 1945, for those who writing was widely respected by both the sub- disabilities. served in the U.S. merchant marine. jects of her stories and her readers for its in- Furthermore, it is interesting to note that of Mr. Speaker, clearly, that was a most unfair tellectual contents, integrity, compassion, and the nearly 12 million Americans who served in and unsupportable decision. By establishing ability to convey complex situations in a sim- active duty status, 73 percent served overseas this date, the Secretary made a determination ple manner. She also used her writing talents and, of these, 38.8 percent had rear echelon that has no basis in law. The August 15, 1945, to author the book, ‘‘Too good to Be True: The assignments. I have presented these figures date does not appear anywhere in the Federal Story of Denise Redlick’s Murder,’’ which sold only to illustrate that millions of uniformed men court decision mandating veterans status and, 70,000 copies. and women never served outside of the according to the Air Force, there is no docu- Ms. Beck earned over 50 awards for her United States. In no way does this denigrate mentation, no precedent, and no justification journalistic achievements. Among the many or negate their vital service to this country. It for choosing V–J Day. accolades she received, Ms. Beck was named simply means that these individuals were Let me briefly describe why the August 15, the California Press Women’s Communicator needed here in the United States to train 1945, date is wrong and why these 2,500 of Achievement for 1994 and the National those who did go overseas. Americans have earned the right to be given Federation of Press Women’s first-runner-up Furthermore, some 270,000 men volun- veterans status. for Communicator of Achievement for 1994. teered for service in the U.S. merchant ma- First, the Federal War Shipping Administra- She also received the National Federation of rine. Many of these men joined the merchant tion [WSA] was in control of all ship move- Press Women’s first place news writing award marine because they had physical impairities, ments far beyond the date of August 15, 1945. in 1986, 1987, and 1988. It was with a great such as poor eyesight, or because they were In fact, the WSA did not go out of existence source of pride that her award-filled career too young to serve in the Army, Navy, or Ma- until August 31, 1946. Until that time, mer- was capped off by being chosen to take her rine Corps. Many of them could have avoided chant mariners traveled under sealed orders well earned place in the San Mateo County service but instead they chose to serve their on ships which were under the direct military Women’s Hall of Fame. country by enlisting in the U.S. merchant ma- control of the U.S. Navy. In addition to her considerable professional rine. accomplishments, Ms. Beck took tremendous Of the 270,000 that volunteered, 37 died as During the hearings on this legislation, we pleasure from her family, especially her hus- prisoners of war, 6,507 were killed in action learned that at least 13 U.S. merchant vessels band of 16 years, Jim, and their five-year-old and 4,780 are missing and presumed dead. In were damaged or sunk after August 15, daughter, Mandy. Her desk was a well-known addition, some 733 U.S. merchant ships were 1945—a greater number than were lost at gallery for her daughter Mandy’s artwork and destroyed. In fact, the casualty rate for the Pearl Harbor. One of them was the S/S Jesse photographs, while Jim was her constant com- merchant marine was only one-tenth of 1 per- Billingsley, which was hit by a mine off the panion since they met at a YMCA dance in cent lower than the Marine Corps, which had coast of Trieste, Yugoslavia, on November 19, 1970. the highest casualty rate of any branch of 1945. One U.S. merchant mariner lost his life Mr. Speaker, Janet Parker Beck was one of service during the war. in that explosion. the most remarkable individuals I have ever In order to man our growing merchant fleet In addition, we must remember that for the had the privilege to know and work with. Her during World War II, the U.S. Maritime Com- U.S. merchant marine, the war did not end on

VerDate Mar 15 2010 04:40 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00022 Fmt 0626 Sfmt 9920 D:\FIX-CR\1995\E04JA5.REC E04JA5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE January 4, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E23 August 15, 1945. Defense shipping actually in- Finally, I would like to acknowledge the out- their products into the United States would be creased after that date to 1,200 sailings in De- standing leadership of Congressman LANE taxed as if that subsidiary were located in the cember 1945, as compared to the World War EVANS. We have stood together on this legis- United States. Simply, the intent of my bill is II monthly peak of 800. lation for a number of years and LANE EVANS to discourage tax-motivated foreign investment Second, while the Japanese indicated their is a champion for our Nation’s veterans. while protecting the jobs of your constituents. desire to surrender on August 15, 1945, the I urge the House of Representatives to Mr. Speaker, my bill is similar to legislation situation facing the U.S. merchant marine did move H.R. 44 so that we can finally provide proposed by President Nixon in 1973, but the not radically change on that date. In fact, I these Americans with the recognition which issue has been controversial since the incep- have a copy of a telegram sent on August 15, they have long deserved. In my 15 years in tion of the corporate income tax in 1909. In 1945, by the U.S. Naval Pacific Command Congress, I have never seen an issue, which 1962, President John F. Kennedy proposed which states that ‘‘for all merchant vessels in affects so few people, attract the support of so repeal the deferral of overseas investment in the Pacific Ocean areas, Japan has surren- many Americans. It is time we finally enacted developed countries, but Congress did noth- dered. Pending further orders, all existing in- this important legislation into law. These men ing. structions regarding defense, security, and have waited a lifetime to tell their grand- My bill would forbid foreign subsidiaries of control of merchant shipping are to remain in children that they are World War II veterans. U.S. companies from relocating manufacturing force. Merchant ships at sea, whether in con- f jobs in countries that provide tax holidays and voy or sailing independently, are to continue other tax breaks and shipping a significant their voyages.’’ SOCIAL SECURITY EARNING TEST portion of their products into the United States. Third, it wasn’t until December 31, 1946, REPEAL A current tax loophole allows these companies that President Harry Truman declared in a to avoid being taxed as if that subsidiary were press conference that he was issuing Procla- HON. BOB STUMP located in the United States. mation 2714, which states that ‘‘although a OF ARIZONA Mr. Speaker, in addition to losing millions of state of war still exists, it is at this time pos- IN THE HOUSE OF REPRESENTATIVES dollars in income taxes due to this anomaly in sible to declare, and I find it in the public inter- our tax code, the United States is losing a est to declare, that hostilities have termi- Wednesday, January 4, 1995 major portion of its manufacturing base. Once nated.’’ Mr. STUMP. Mr. Speaker, I am reintro- the manufacturing base is gone, it will be very And, finally and most importantly, all of our ducing legislation today to repeal the Social Federal laws that affect those who served dur- difficult to get back. Germany and Japan have Security earnings test. As many of my col- clearly taken the lead in maintaining a strong ing the World War II period use the date De- leagues know, the earnings test is one of the cember 31, 1946. and viable manufacturing sector as their most unfair features of the Social Security economies have continued to outperform ours. There is no arbitrary cutoff date for the Male law—limiting what Social Security recipients Civilian Ferry Pilots, the Wake Island Defend- Overall, maintaining a productive manufac- may earn and subjecting such recipients to turing base is the lifeline to a modern, high in- ers, the Guam Combat Patrol, or the Women’s what amounts to effective marginal tax rates Army Auxiliary Corps and there shouldn’t be come, competitive economy. of 50 percent or higher. I have always believed the root of America’s any for our Nation’s merchant mariners. The earnings test affects only recipients Mr. Speaker, H.R. 44 will correct Secretary social decay is the ill advised trade and tax who must work. Those who rely upon invest- Aldridge’s unfair decision by eliminating the policies Congress has advocated for the past ment income to supplement their Social Secu- unsupportable date of August 15, 1945. It is a 25 years. Mr. Speaker, I urge all members to rity are not affected. Only those who choose fair solution to this problem because it treats take a closer look at the problem of runaway or are forced to return to the work force face all those who served during the World War II manufacturing plants and co-sponsor this im- reduction or loss of their benefits. period in exactly the same manner. If an indi- portant legislation. My bill would be the first Mr. Speaker, the work ethic should not end vidual was in a Navy boot camp or Army basic step in putting an end to this practice and training on December 31, 1946, then they at age 62. Older people who wish to remain make these companies pay their fair share. have been considered a World War II veteran self sufficient through their own labors should not have to face a loss of their benefits. Nor for the past 49 years. f While the 2,500 Americans affected by H.R. should the Nation face the loss of the immeas- 44 would be eligible for a variety of veterans urable talent and experience older workers FARM PRICES benefits, in reality the only benefits they are bring to the work force. It is past time to re- likely to obtain are recognition, the right to peal the Social Security earnings test. HON. LEE H. HAMILTON have a flag on their coffin, and a headstone. f OF INDIANA After all, education benefits have long since FOREIGN SUBSIDIARY TAX EQUITY IN THE HOUSE OF REPRESENTATIVES expired, people in their late-60’s do not buy ACT new homes, and all of these individuals are al- Wednesday, January 4, 1995 ready eligible for Medicare benefits. In short, it Mr. HAMILTON. Mr. Speaker, I would like to is highly unlikely that any of these individuals HON. JAMES A. TRAFICANT, JR. insert my Washington Report for Wednesday, will ever obtain care at a VA hospital. In fact, OF OHIO November 9, 1994, into the CONGRESSIONAL we know that 76,000 merchant mariners have IN THE HOUSE OF REPRESENTATIVES RECORD. been given veterans status because of the Wednesday, January 4, 1995 FARM PRICES 1988 decision and, of that number, only a Mr. TRAFICANT. Mr. Speaker, last year I in- The United States is in the middle of the handful have received VA hospital benefits. greatest harvest ever. The corn crop could be Mr. Speaker, it is for this reason that the troduced H.R. 1374, the Foreign Subsidiary Tax Equity Act, to discourage domestic cor- 50% higher than last year, and soybean pro- Congressional Budget Office has estimated duction will exceed the historic 1979 crop that H.R. 44 would result in negligible outlays porations from establishing foreign manufac- with excellent weather across the farm belt. to the Federal Government in fiscal year 1995. turing subsidiaries in order to avoid Federal The yields this year are simply phenomenal, I have been contacted by hundreds of peo- taxes. Today, I am reintroducing this bill. as farmers continue to astound us with their ple affected by Secretary Aldridge’s unfair de- American manufacturers for too long have productive capacity. cision. Each of these Americans share the abused the good faith of the American work- The downside to this record production is common characteristic of love of country and ers by developing manufacturing processes in lower prices. Steps are being taken, and oth- ers are under consideration, to help the the commitment to serve during one of the this country before moving production facilities overseas and handing out pink slips back farmer. In the long run, exports are the rem- most difficult periods in our Nation’s history. edy, as consumers around the world demand Because of their young age or physical im- home. Despite the fact that America pos- high-quality American agricultural prod- pairments, most of these men could have sim- sesses the most productive and talented labor ucts. Ultimately, net farm income is pro- ply chosen to avoid service during World War force in the world, many United States manu- jected to grow from $43 billion in 1993 to as II. However, they chose not to do so, and we facturers, lured by cheap labor costs and tax much as $51 billion this year. must not, even at this late hour, forget them. holidays, have closed down plants and moved PRICES Mr. Speaker, it is essential that we resolve operations to countries like Mexico, Taiwan, Corn prices declined from a nationwide av- this problem legislatively because the Depart- and South Korea. erage of $2.61 per bushel in June to $2.09 per ment of the Air Force seems unwilling to cor- Under my bill, foreign subsidiaries of U.S. bushel in September. Some local elevators rect it administratively. companies that ship a significant portion of are currently reporting prices of less than

VerDate Mar 15 2010 04:40 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00023 Fmt 0626 Sfmt 0634 D:\FIX-CR\1995\E04JA5.REC E04JA5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE E24 CONGRESSIONAL RECORD — Extensions of Remarks January 4, 1995 $2.00 per bushel. Prices normally decline at The farm bill should also address the hid- NATIONAL SECURITY harvest time, but they are unusually low den costs of farming. First, participating in REVITALIZATION ACT this year because of the record 1994 crop, pro- crop support programs should be less com- jected at 9.6 billion bushels. The U.S. Depart- plicated. The paperwork for program partici- ment of Agriculture (USDA) has been criti- pation should not be a burden to farmers. HON. BENJAMIN A. GILMAN cized in some corners for setting the 1994 Second, government regulations should be OF NEW YORK Acreage Reduction Program (ARP) at zero flexible at the local level. It is not possible IN THE HOUSE OF REPRESENTATIVES percent. to set detailed and comprehensive guidelines Soybean prices have also declined, from an from the top, and major regulations should Wednesday, January 4, 1995 average of $6.72 per bushel in June to $5.31 be evaluated on a case-by-case basis, using Mr. GILMAN. Mr. Speaker, on the opening per bushel in September—and less than $5.00 risk assessment and cost-benefit analysis. day of this historic Congress, I take great per bushel at some local elevators. This de- Some of the biggest issues in the 1995 farm pleasure in introducing the National Security crease was fueled by the highest-ever na- bill will be environmental issues, including Revitalization Act which implements the for- tional soybean yields, producing a record wetlands policy, and renewing the Conserva- crop of between 2.3 billion and 2.5 billion eign affairs and the national defense provi- tion Reserve Program (CRP). Current wet- sions in the Contract With America. bushels. Demand is expected to increase next lands policy that restricts farming on wet- year from greater exports and more live- lands makes no distinction between wetlands It is a great honor and privilege for me to stock feeding, but not enough to compensate that are environmentally important and serve as the chairman of the newly named for the record crop. Low soybean prices are those that are not. I am supportive of efforts International Relations Committee and I intend particularly damaging for Hoosier farmers to narrow the definition of wetlands. to ensure that our highest priority will be the because Indiana is the only major soybean consideration of this important and long over- state where the crop is projected to be lower CRP has been successful at boosting prices than 1993. and preserving valuable resources. Because due legislation which will ensure that we main- of our terrain, the average Southern Indiana tain a strong defense capability around the OPTIONS FOR RAISING PRICES farmer receives even more in CRP payments world and imposes serious limitations on the I have urged the Department of Agri- than in deficiency payments, and I support culture to consider a number of options to subordination of American troops to foreign the full reauthorization of CRP. In addition, command in United Nations peacekeeping op- boost corn and soybean prices. Possibilities the 1995 farm bill should make CRP flexible include: enough to distinguish between more and less erations. Increase corn ARP: USDA recently an- environmentally important lands. The pro- In addition, the bill will strengthen critically nounced a preliminary 1995 corn Acreage Re- gram should remain completely voluntary. important regional institutions, such as the duction Program of 7.5% below the estab- North Atlantic Treaty Organization and will en- lished base. This would take land out of pro- CONCLUSION sure that our participation in any future U.N. duction and improve corn prices for the com- I recognize the great risks in the farming mission directly serves our national interests. ing year. business. The risks involved in farming are Raise corn support loan rate: Some farm Together with my good friend and col- greater than in most industries, and Con- groups have called for an increase in the 1994 league, FLOYD SPENCE, the chairman of the gress should continue to provide some sta- Commodity Credit Corporation (CCC) loan National Security Committee, we will bring the bility to agriculture and assure that farmers rate from the current. $1.89/bushel to as high can maintain a decent living and have a rea- National Security Revitalization Act back to the as $2.40/bushel. They claim this would have a sonable return on their investments. The House floor to restore American credibility direct impact on prices in the near future. 1995 farm bill is an opportunity to improve around the world and to ensure that Congress USDA is considering an increase in the loan farm support programs and reduce the regu- plays an enhanced role in the foreign policy rate for 1995. latory burden on farmers. Allow 1994 corn crop entry into Farmer— making process. Owned Reserve: The President has allowed In the second session of the 103d Con- farmers to place 1994 corn in the Reserve f gress, Republican members of the Foreign Af- when their CCC loans mature after 9 months. fairs Committee laid a solid foundation for the It is unclear what impact this would have on ENGLISH LANGUAGE TAX CREDIT attainment of these objectives by championing short-term prices. key provisions in the Foreign Relations Act for Soybeans on ‘‘flex’’ acres: If USDA deter- fiscal year 1994 and fiscal year 1995 and the mines that the price of soybeans next year HON. BILL EMERSON will be below 105% of the loan level, it can NATO Participation Act which I introduced in OF MISSOURI prohibit program participants from planting March of last year. soybeans on their optional flex acres. This IN THE HOUSE OF REPRESENTATIVES Accordingly, I urge my colleagues to join me would reduce production and increase prices. in cosponsoring this vitally important legisla- Export Enhancement Program (EEP): EEP Wednesday, January 4, 1995 tion. has been used in the past to help export soy- f bean oil. If world prices continue to fall, Mr. EMERSON. Mr. Speaker, I rise today to USDA could increase EEP support of soy- introduce an important piece of legislation that INTRODUCTION OF RAPID DEPLOY- bean oil to maintain America’s competitive I believe to be an integral part of the official MENT FORCE LEGISLATION position. English movement. As you may know, I am Ethanol and other alternative products: As the author of H.R. 123, the Language of Gov- of January 1, about 30% of the U.S. gasoline ernment Act which seeks to make English the HON. BARBARA B. KENNELLY OF CONNECTICUT market will be required to use ethanol in re- official language of the United States Govern- formulated gasoline. Over time, corn prices IN THE HOUSE OF REPRESENTATIVES may rise as much as 20 cents per bushel be- ment. This legislation is the perfect com- cause of this rule. Congress is also examining plement to the Language of Government Act. Wednesday, January 4, 1995 ways to encourage the use of soy ink and It recognizes the need for a highly skilled labor Mrs. KENNELLY. Mr. Speaker, I rise today other non-food uses for American agricul- force and provides a tax credit to employers to introduce legislation to establish a Rapid tural products. for the cost of providing English language in- Deployment Force as an added resource of THE 1995 FARM BILL struction to their limited-English-proficient em- the Federal Bureau of Investigation. This force The effectiveness of these measures to sup- ployees. would be temporarily deployed by the FBI, to port prices will also be addressed in the 1995 Many Americans lack the language skills assist local authorities in investigating an in- farm bill. Government commodity support programs must be reauthorized next year. and literacy necessary to take full advantage creasing of crime in a particular municipality, The 1990 farm act made farm programs more of roles as responsible citizens and productive due to an increase of drug or gang related ac- market-oriented, giving farmers more flexi- workers. While many employers acknowledge tivity. The Rapid Deployment Force would rep- bility in choosing which crops to plant. A the need to educate their workers and have resent a partnership between the Federal, provision known as the Madigan amendment demonstrated an interest in establishing on- State, and local crime fighting entities. gave the Secretary of Agriculture more flexi- site training programs for their employees, the This past weekend in my hometown of Hart- bility in setting loan rates and set-asides to high cost of doing so often prevents them from ford, CT, a rash of crime broke out leaving maintain competitiveness in world markets. taking any concrete action. This legislation will four dead, another critically wounded, and I expect this trend towards market flexi- bility to continue in the 1995 farm bill. Pro- provide them with an incentive to offer this three others injured from gunshot wounds. gram flexibility puts more decisions in the crucial instruction to their employees and This final criminal outbreak of 1994 brought hands of farmers rather than government bu- make the workplace a friendlier, and less the number of homicides in the city to 58, an reaucrats, but it can also lead to greater daunting environment for non-English-pro- increase of over 400 percent in the past 2 price fluctuations for farmers. ficient employees. years. As the spread of drugs, and the city’s

VerDate Mar 15 2010 04:40 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00024 Fmt 0626 Sfmt 9920 D:\FIX-CR\1995\E04JA5.REC E04JA5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE January 4, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E25 gang problem continues to grow, the need for person whose life she touched—from her fam- near current levels over the next four years. additional resources is evident. I am thankful ily, to her friends, to the broader community in The question now is whether defense spend- that the recently enacted crime bill is bringing which she lived—marveled at her generosity ing is sufficient to meet the new and emerg- ing threats to our interests here and abroad. more cops on the beat into our Nation’s cities of spirit, force of intellect, and strength of char- and towns. I commend the Attorney General acter. NEW GLOBAL ENVIRONMENT and the Department of Justice for their work in Born in Atlanta in 1924, Sadie Harvey com- There is no doubt that the United States is ensuring the rapid appropriation of funds for pleted high school at the age of 15. She went more secure today than it was when thou- sands of Soviet nuclear warheads targeted the Cops on the Beat Program. on to graduate cum laude 4 years later from American cities. Today there is no com- However, it is not enough to just deploy Morris Brown College, where she was a parable direct military threat to the United more police officers on the street. A Federal founding member of the school’s Alpha Kappa States. The U.S. is the strongest military Rapid Response team would bring with it re- Alpha sorority chapter. She had hoped to power in the world today, and has the best sources and expertise that State and local study medicine at the University of Georgia, trained and equipped fighting force. governments cannot be expected to supply. I but was denied admission because the school Yet, the world remains a dangerous place. believe that a Rapid Deployment Force is es- would not educate African-Americans. Always The collapse of the Soviet empire has re- sential in investigating and combating crime in determined to forge ahead, Sadie Harvey sulted in increasing instability in many parts of the world. Despite the desire of towns and cities when drug and gang related worked in the aeronautical engineering lab at Americans to pay more attention to solving activities escalate. And I urge my colleagues a U.S. Air Force base in Hampton, VA, during our own problems, we continue to have glob- to support this important crime fighting legisla- World War II. Upon returning to Atlanta after al interests that we must defend. Much of tion. the war, she met and married Vernon Odom, the world is threatened with chaos—full of f with whom she would share the next 47 years civil wars, escalating ethnic and religious of her life. The Odoms moved to Akron in conflicts, and massive surges of refugees. THE STUTTGART FISH FARMING 1953, intending to stay only for 3 years. In- Such instability can hurt the U.S. economy, EXPERIMENTAL LABORATORY stead, they spent the rest of their lives to- limit our access to vital resources, including oil, and produce an international environ- gether in Akron, raising a family and devoting ment hostile to our interests and values. HON. BLANCHE LAMBERT LINCOLN themselves to community service and the bet- The post Cold-War world is not peaceful, OF ARIZONA terment of African-Americans. but the U.S. cannot afford to intervene ev- IN THE HOUSE OF REPRESENTATIVES Vernon Odom headed the Akron Urban erywhere. The challenge today is to identify Wednesday, January 4, 1995 League and the Akron Community Service the interests we are prepared to defend by Center for nearly three decades. His beloved force and ensure that our armed forces have Mrs. LINCOLN. Mr. Speaker, I rise today to wife, Sadie, was beside him every step of the the tools they need to do the job we ask of introduce legislation to transfer the Stuttgart way. She was a guiding force behind local them. This challenge becomes even more Fish Farming Experimental Laboratory to the critical as we plan for an uncertain future, Urban League programs and volunteered with Department of Agriculture. since defense budget decisions we make The lab was established in 1958 under the many other civic organizations, including the today will determine the kind of armed Interior Department and charged with con- American Cancer Society, the United Negro forces we will have several years down the ducting research and experimentation to solve College Fund, and the NAACP. road. problems relating to the commercial produc- Even as she gave selflessly of her time and THREAT-BASED DEFENSE tion of warmwater fish. Located in the heart of herself in support of her community, Mrs. Our defense spending should be based on the Nation’s catfish and baitfish production re- Odom raised a superb family of her own and threats to our national security. During the gion, the lab and its staff have become nation- worked as a medical technologist at St. Thom- Cold War, the threat was the Soviet Union, ally renowned for their work on behalf of the as Hospital. She applied her biology training to and our spending on defense was designed to meet that threat. Our task is to reorient our aquaculture industry. her volunteer work, as well, helping to test Ak- ron’s schoolchildren for sickle cell anemia and defense to respond to new threats in the In the years since the laboratory was estab- post-Cold War world. Those threats include: lished aquaculture has progressed rapidly, be- elderly residents for diabetes. Mr. Speaker, there are many people in this the proliferation of nuclear weapons and coming the fastest growing segment of U.S. other weapons of mass destruction; the agriculture, accounting for nearly 300,000 do- world who live full, honest, and caring lives. threat of large-scale aggression by major re- mestic jobs. My home State is the largest pro- And then there are the Sadie Odoms, whose gional powers such as Iraq; the threats to de- ducer of commercial baitfish and the second integrity and selflessness leave a mark that is mocracy and reform movements in the largest producer of catifsh—accounting for indelible. former Soviet Union, particularly Russia; Sadie Harvey Odom passed away on Octo- and economic dangers to our security if we nearly $100 billion in annual revenue. ber 20, 1994, after a long illness. An entire fail to build a competitive and growing econ- Mr. Speaker this simple bill will transfer the omy here at home. The bottom line is that it laboratory from the Interior Department to community mourns as it contemplates this loss. But we also share the gratitude that will cost the U.S. less to respond to these USDA. I believe that this move makes sense new threats than it cost us to meet the So- because the people who do business with this comes from knowing a person with a heart of viet threat. laboratory are farmers, and are best served by grace and a soul of love—from knowing Sadie The Pentagon has developed a defense plan USDA. The bill also changes the laboratory’s Odom. that responds to the changed international name to the Stuttgart National Aquaculture f environment. The so-called bottom-up re- Research Center to better reflect the excellent view concludes that the U.S. must maintain THE DEFENSE BUDGET AND a force capable of fighting and winning two work that the lab produces. I look forward to MILITARY READINESS nearly simultaneous regional wars, such as passage of this legislation. another Iraqi invasion of Kuwait and a North f Korean invasion of South Korea. The Admin- HON. LEE H. HAMILTON istration says that it has fully budgeted for TRIBUTE TO SADIE HARVEY ODOM OF INDIANA its planned force structure, but that changes IN THE HOUSE OF REPRESENTATIVES in inflation rates could change future fund- HON. THOMAS C. SAWYER Wednesday, January 4, 1995 ing needs. Others argue the budget crunch OF OHIO will be more severe as new procurement pro- Mr. HAMILTON. Mr. Speaker, I would like to grams swell funding requirements. The Pen- IN THE HOUSE OF REPRESENTATIVES insert my Washington Report for Wednesday, tagon acknowledges it cannot fund all the Wednesday, January 4, 1995 November 23, 1994, into the CONGRESSIONAL new weapons programs now in development, Mr. SAWYER. Mr. Speaker, every so often RECORD. and is assessing which programs to fund and which to cancel. in life, if we are fortunate enough, someone THE DEFENSE BUDGET AND MILITARY comes along whose grace and wisdom en- READINESS READINESS riches our own experience. Someone whose The commitment of U.S. forces to Haiti After the end of the Vietnam War in the capacity to serve others inspires us to move and Kuwait has raised concerns about the mid-1970s, rapid cuts in the defense budget ‘‘thinning out’’ of the U.S. military since the and the loss of skilled personnel eroded the beyond the limits we impose on ourselves, end of the Cold War. Defense spending has U.S. military’s combat readiness. Some crit- even as we wonder if we can ever match such declined by 11% since the 1989 peak of $303 ics say that we are now facing a similar a gift for giving. billion, following a decade of massive in- problem of a ‘‘hollow military.’’ They say Sadie Harvey Odom, a 41-year resident of creases. The defense budget edged up this the costs of operations in Somalia, Rwanda Akron, OH, was such a human being. Every year to $264 billion, and is projected to stay and now in Haiti are placing an excessive

VerDate Mar 15 2010 04:40 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00025 Fmt 0626 Sfmt 0634 D:\FIX-CR\1995\E04JA5.REC E04JA5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE E26 CONGRESSIONAL RECORD — Extensions of Remarks January 4, 1995 burden on the defense budget. They say these a national proposal to give disabled retired po- go boating, camping, or swimming should not costs detract from our ability to respond ef- lice officers the psychological counseling they be singled out to foot the bill for more Federal fectively to more serious potential threats may need. Until now. spending. Tourism and other recreational ac- from Iraq and North Korea. Some even sug- Too often, retired disabled police officers tivities throughout the country could be nega- gest the U.S. no longer has the capability to suffer from depression, feelings of isolation, face down another Iraqi invasion of Kuwait. tively impacted with these fees. Folks simply While I believe the combat readiness of our uncertainty of their futures, and worsening do not want to pay over and over again for armed forces needs improvement, I think medical conditions. With appropriate coun- something that is already paid for; nor should comments about a ‘‘hollow military’’ are seling, many of these officers will learn to they. overstated. Military operations abroad have cope with their new lives and some will be led to low readiness ratings in three of the able to obtain meaningful employment. f Army’s 12 divisions and placed strains on My legislation would establish up to eight of- other elements of the force, such as airlift. ficer counseling centers throughout the United REFORM OF THE MINING LAW OF These trends must be promptly reversed. States to provide counseling to retired dis- 1872 Even so, we still have by far the best- abled officers and members of their immediate equipped and best-trained military in the world. The transition to a more mobile force families. Any retired disabled Federal, State, HON. NICK J. RAHALL II county, city law enforcement officer, or special is involving painful adjustments in per- OF WEST VIRGINIA sonnel, base closings and cancellations of agent would be eligible to participate in this in- new weapons systems. Yet, a recent report novative and necessary program. IN THE HOUSE OF REPRESENTATIVES authored by a former Army Chief of Staff I ask all Members to help those who have Wednesday, January 4, 1995 concluded that readiness is acceptable in helped us. Please cosponsor this important Mr. RAHALL. Mr. Speaker, today I am intro- most areas. legislative initiative. Improving the readiness of U.S. forces ducing into the 104th Congress legislation to should be the top budget priority for defense f reform the mining law of 1872. Joining me in spending. Congress, with my support, has THE RESCISSION OF CORPS OF sponsoring this measure are GEORGE MILLER taken several steps this year toward this ob- ENGINEERS USER FEES of California, CHRISTOPHER SHAYS of Con- jective. These steps include: protecting mili- necticut, BRUCE VENTO of Minnesota, NEIL tary pay raises to ensure retention of high quality personnel; increasing overall spend- HON. BILL EMERSON ABERCROMBIE of Hawaii, PETER DEFAZIO of Or- ing on operations and maintenance, the key OF MISSOURI egon and JERRY KLECZKA of Wisconsin. Pentagon account for readiness; increasing IN THE HOUSE OF REPRESENTATIVES This bill, the Mineral Exploration and Devel- spending on airlift and sealift capabilities, Wednesday, January 4, 1995 opment Act of 1995, is identical to the version which allow our forces to respond quickly to of H.R. 322 which passed the House during overseas threats in the Persian Gulf and Mr. EMERSON. Mr. Speaker, I rise today to the last Congress on November 18, 1993, by elsewhere; boosting training support for bat- introduce legislation to prevent the U.S. Army a bipartisan vote of 316 to 108. In fact, our talion-sized units; promoting ‘‘interservice’’ Corps of Engineers from collecting so-called new Speaker, the gentleman from Georgia cooperation in combat and other missions, as user fees at certain facilities maintained and evidenced by the joint Army-Navy effort in [NEWT GINGRICH], voted for this bill at that operated by the Corps. Specifically, this bill time. Unfortunately, last year the House-Sen- Haiti; and enhancing battlefield weapons will repeal section 5001, Title V, of the Omni- systems. I will continue to support efforts to ate conference committee on mining law re- maintain our readiness. I think the mili- bus Budget Reconciliation Act of 1993 [OBRA] form was unable to reach an agreement. tary’s humanitarian and peacekeeping oper- which authorized the Secretary of the Army to Today, with the introduction of this measure, ations must not be permitted to bleed the establish and collect fees for the use of devel- we begin where that historical debate left off. Pentagon’s budget. oped recreation sites and facilities. In my view, the advent of a new Congress These fees have been part of budget fiction CONCLUSION with a Republican majority does not change for years. The White House has always pro- The U.S. must be careful about picking and the fundamental and bipartisan support that posed these onerous taxes and Congress has choosing its military missions, so that U.S. continues to be displayed for reforming the always rejected them. Unfortunately, these forces do not become overextended. We can- mining law of 1872. Indeed, the fiscal austerity not and should not commit U.S. forces to fees became a reality with the passage of being advanced by the Republican leadership every trouble spot in the world. The key test OBRA. Furthermore, there are no guarantees may very well enhance our prospects for gain- is whether U.S. interests are threatened. that the revenue from these fees will be used ing enactment of this legislation, which has Maintaining the readiness and morale of our by the Corps of Engineers for the mainte- enjoyed the support of the National Taxpayers military requires that we identify the inter- nance of its facilities. I believe that with these ests we are prepared to defend by force, while Union, during this Congress. fees going into general revenue—not the using other means, including coalitions with Mr. Speaker, for the benefit of my col- our friends and allies, to deal with lesser Corps budget—people who want to enjoy the great outdoors actually will end up paying leagues, many of whom may be new to this threats to the U.S. national interest. A com- issue, in order to explain this measure per- bat ready American military is essential to twice, once as a taxpayer and once as a user our national security. of Corps facilities. haps it is best to briefly go back to the year 1872. At the time, Ulysses S. Grant resided in f While these fees, ranging from $3 per vehi- cle to $25 for a yearly pass, may not seem the White House. Union troops still occupied RETIRED DISABLED LAW EN- like a lot, the fact of the matter is that the the South. The invention of the telephone and FORCEMENT OFFICERS’ COUN- American public has already paid once for Custer’s stand at the Little Bighorn were still 4 SELING NETWORK these facilities and their continued upkeep. years away. And in 1872 Congress passed a This, in my opinion, is double-dipping by the law that allowed people to go onto public HON. JAMES A. TRAFICANT, JR. Federal Government. My legislation would lands in the West, stake mining claims, and, if any gold or silver were found, produce it for OF OHIO seek to rescind the fee now required as out- free. IN THE HOUSE OF REPRESENTATIVES lined in OBRA for the use of public recreation In an effort to promote the settlement of the Wednesday, January 4, 1995 areas at certain lakes and reservoirs under the jurisdiction of the Army Corps of Engineers. West, Congress said that these folks could Mr. TRAFICANT. Mr. Speaker, I rise today It’s also important to note that the cost of in- also buy the land from the Federal Govern- to reintroduce an important piece of legislation stalling boxes at the collection sites, in some ment for $2.50 an acre. that I sponsored in the 103d Congress that instances, can exceed $25,000 depending on That was 1872. This is 1995, Yet, today, the would establish a national retired disabled law the location of the facility. So we are using op- mining law of 1872 is still in force. enforcement officers’ counseling network, and erating and maintenance funds from the Corps In 1995, however, for the most part it is not I urge my colleagues to become cosponsors. to build the collection boxes in order to hit up the lone prospector of old, pick in hand, ac- We call on police officers in emergencies. the public for more funds that won’t nec- companied by his trusty pack mule, who is We trust them with our lives, families, and essarily go to the Corps. It’s reprehensible that staking those mining claims. It is large cor- homes. Day in and day out most of us take an agency like the Corps of Engineers will porations, many of them foreign controlled, them for granted to ensure our safety. Yet few spend its own funds so that it can collect who are mining gold owned by the people of of us truly appreciate the overwhelming stress, money for the general treasury. the United States for free, and snapping up both mental and physical, that they endure in This fee structure, as modest as it may be, valuable Federal land at fast-food hamburger order to serve us. But there has never been sets a dire precedent. Americans who want to prices.

VerDate Mar 15 2010 04:40 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00026 Fmt 0626 Sfmt 9920 D:\FIX-CR\1995\E04JA5.REC E04JA5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE January 4, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E27 Remaining as the last vestige of frontier-era and gas. These energy minerals, if located on sion (the Paley Commission) in 1952 which legislation, the mining law of 1872 played a Federal lands, are leased by the Government, also recommended revisions, including plac- role in the development of the West. But it and a royalty is charged. Further, mining law ing hardrock minerals under a leasing sys- tem. Once again, the criticism centered on also left a staggering legacy of poisoned reform does not deal with private lands. The inefficiencies in mineral development caused streams, abandoned waste dumps, and scope of the mining law of 1872 is limited to by the law. maimed landscapes. hardrock minerals such as gold, silver, lead, Between 1964 and 1977 Congress went Obviously, at the public’s expense, the and zinc on Federal lands in the Western through another period of debate on mining western mining interests have had a good States. That is also the scope of this reform law reform. The debate became more com- thing going all of these years. But the question bill. plex during that time as issues related to has to be asked: Is it right to continue to allow In brief, the legislation we are introducing abuse and the need for environmental protec- this speculation with Federal lands, not to re- today would prohibit the continued give-away tions were added to the mix. The Public quire that the lands be reclaimed, and to per- of public lands. It would require that mining Land Law Review Commission, created by mit the public’s mineral wealth to be mined for Congress in 1964, made the Mining Law a claims be diligently developed. It would im- prominent issue on its agenda. Following free? pose a royalty on the production of valuable Today, anybody can still go onto Federal issuance of the Commission’s report in 1970, minerals extracted from Federal lands. And, it Congress debated the issue until 1977, when lands in States like Nevada and Montana and would require industry to comply with some efforts to reform the mining law collapsed. stake any number of mining claims, each basic reclamation standards. After a decade-long hiatus, on June 23, averaging about 20 acres. In order to maintain Again, this legislation is identical to the bill 1987, what was then known as the Sub- the mining claim, until very recently all that which passed the House last year by a bipar- committee on Mining and Natural Resources was required was that the claimholder spend tisan 3-to-1 margin. held an oversight hearing on the Mining Law $100 per year to the benefit of the claim. In Mr. Speaker, I receive many calls in my of- of 1872, initiating the current round of Con- the event hardrock minerals such as gold or gressional debate on reform. Subsequently, fice on the issue of mining law reform. When silver are found on the claim, they are mined the Subcommittee held a number of hearings people learn that today, in 1995, gold and sil- for free. There are no requirements that a pro- on specific issue areas related to hardrock ver is still mined off public lands for free, they duction royalty be paid to the Federal Govern- mining on public lands, such as: hardrock are, naturally, incredulous. The question is mine reclamation and bonding requirements, ment. often asked: How come Congress has not abandoned mine land problems, mining It is incredible, but true, that an estimated claims on Stock Raising Homestead Act 1.8 billion dollars’ worth of hardrock minerals done anything to reform the mining law yet? Frankly, as the Member who commenced lands, uncommon varieties of hardrock min- are annually mined from Federal lands in the erals, regulation of hardrock mining wastes, this current effort to reform the mining law Western States in this fashion. Yet, the Fed- and oil shale claims. On September 6, 1990, eral Government does not collect one penny back in 1987, I, too, am incredulous that this the Subcommittee on Mining and Natural in royalty from any of this mineral production. law continues in force in a manner basically Resources conducted a hearing on the first Under the mining law of 1872, claimholders unchanged from its 1872 origins. Historically, reform measure introduced into the House in can also choose to purchase the Federal land the western hardrock mining industry has over a decade, H.R. 3866, sponsored by then been successful in blocking any and all con- Subcommittee Chairman Rahall. This hear- being claimed. They can do this by first show- ing was augmented by several reports pro- ing that the lands have valuable minerals, and gressional reform initiatives. Lately, however, I have noticed an increasing sentiment within duced by the U.S. General Accounting Office then by paying the Federal Government a at the Subcommittee’s request: An Assess- mere $2.50 or $5.00 an acre depending on the more progressive element of the industry ment of Hardrock Mining Damage (1988); The the type of claim. This is called obtaining a to settle this matter once and for all. Perhaps Mining Law Needs Revision (1989); Unauthor- mining claim patent. Perhaps a good feature 1995 will be the year in which the voice of this ized Activities Occurring on Hardrock Min- in 1872, when the Nation was trying to settle element of the industry will become the domi- ing Claims (1990); Patenting of Mining the West. But today there is hardly a need to nating voice of the industry overall. Claims Complies with Law (Oregon Dunes) For the benefit of my colleagues, following I (1990); and, Increased Attention Being Given promote the additional settlement of L.A., San to Cyanide Operations (1991). Francisco, or Denver. offer a brief history on the effort to reform the mining law of 1872: At the commencement of the 102nd Con- Recently, for example, a mining company gress, on February 6, 1991, H.R. 918 was intro- received preliminary approval to obtain 25 of HISTORY OF MINING LAW REFORM duced by Rep. Nick Rahall. During the first these patents covering about 2,000 acres of The genesis of mining law reform dates session of that Congress, the Subcommittee public land in Montana. This company will pay back to 1879, seven years after the enactment on Mining and Natural Resources held four the Federal Government little more than of the Mining Law of 1872. At that time, Con- field hearings on the bill in Denver, Colorado $10,000 for land estimated to contain 32 bil- gress created the first major Public Land (April 12, 1991); Reno, Nevada (April 13, 1991); lion dollars’ worth of platinum and palladium. Commission to investigate land policy in the Sante Fe, New Mexico (May 3, 1991); and Moreover, once the mining claim is pat- West. One of its major recommendations in- Fairbanks, Alaska (May 25, 1991). Two addi- tional days of hearings were held on the bill ented, nothing in this so-called mining law cluded a thorough rewrite of the 1872 law which even then was believed by many to un- in Washington, D.C. on June 18, 1991, and says that it has to be actually mined. The land dermine efficient mineral development. June 20, 1991. On June 24, 1992, H.R. 918 was is now in private ownership. People are free to Several decades later, in 1908, President favorably considered by what was then build condos or ski slopes on it. Roosevelt created the National Conservation known as the Committee on Interior and In- For example, a couple of years ago the Ari- Commission to study Federal land policy in sular Affairs which reported the bill with zona Republic carried a story about a gen- the West, and it, too, made a number of rec- amendments by a roll call vote of 26 to 19. tleman who paid the Federal Government ommendations for reform of the Mining Law. The House began floor consideration of the $155 for 61 acres’ worth of mining claims. Again, in 1921, a committee appointed by the bill, but did not complete action on the Today, these mining claims are the site of a Director of the Bureau of Mines rec- measure prior to the adjournment of the Hilton hotel. This gentleman now estimates ommended a series of reforms, developed in 102nd Congress. concert with mining industry representa- At the beginning of the 103rd Congress, on that his share of the resort is worth about $6 tives interested in improving the mechanics January 5, 1993, Rep. Rahall introduced H.R. million. of the law. These recommendations were em- 322, which closely mirrored the version of Claimholders can also mine these Federal bodied in legislation introduced in both H.R. 918 previously considered on the House lands with minimal reclamation requirements. houses of Congress and hearings were held in Floor. On March 11, 1993, the Subcommittee The only Federal requirement is that when op- 1922, however, no action was taken at that on Energy and Mineral Resources held a erating on these lands they do not cause ‘‘un- time. hearing on the bill and on October 28, 1993, necessary or undue degradation.’’ What does Following this effort, the next call for re- the Subcommittee favorably reported the this term mean? It means that they can do form came at the onset of World War II, bill as amended. On November 3, 1993, the whatever they want as long as it’s pretty much when then Secretary of the Interior Harold Committee on Natural Resources favorably what all of the other miners are doing. And Ickes endorsed a leasing system for hardrock reported the bill as amended by a vote of 28 mining. In 1949, the Hoover Commission on to 14. H.R. 322 was passed by the House on who will pay the bill for this abuse? Check Organization of the Executive Branch of the November 18, 1993, by a vote of 316 to 108. Un- over the Superfund National Priority List and Government, like the first Public Land Com- fortunately, during the 103rd Congress a you will learn the answer. mission, recommended a series of changes to House-Senate conference committee on min- I might add that the issue of mining law re- the Mining Law. This effort was succeeded ing law reform was unable to reach an agree- form does not deal with coal, or that matter, oil by the President’s Materials Policy Commis- ment.

VerDate Mar 15 2010 04:40 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00027 Fmt 0626 Sfmt 9920 D:\FIX-CR\1995\E04JA5.REC E04JA5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE E28 CONGRESSIONAL RECORD — Extensions of Remarks January 4, 1995 ANTITRUST AND COMMUNICA- In addition, the legislation will promote com- While my colleagues from Nebraska may TIONS REFORM ACT OF 1995 petition in the local telephone market. This disagree with my assessment of Penn State’s market is one of the last monopoly markets in ranking, the only way to settle, once and for HON. EDWARD J. MARKEY the entire telecommunications universe. We all all, the question of which team is the national OF MASSACHUSETTS have witnessed how the long distance market champion can only be decided in a head-to- IN THE HOUSE OF REPRESENTATIVES and the telecommunications equipment market head competition. As USA Today indicated in has benefited tremendously from competition. a cover story headline yesterday, without a Wednesday, January 4, 1995 Just 10 years ago, you had one choice in long match between these two undefeated teams, Mr. MARKEY. Mr. Speaker, I rise today as distance—AT&T—and one choice for a the question of which team is better is still an original cosponsor of legislation introduced phone—black rotary dialed. open to debate. today which proposes to update our Nation’s Through Federal policies, hundreds of One thing is certain, Pennsylvanians and communications laws for the information age. equipment makers and long distance compa- Penn State alumni across the country can Introduced by my colleague JOHN DINGELL, nies now exist, providing rigorous competition. take pride in the performance of this team and this legislation embodies measures—H.R. We can see those same benefits in the local the football program at Penn State. With many 3626 and H.R. 3636—which were approved in telephone market, and thereby benefit con- of the players returning next year, we may see overwhelming fashion by the House in the pre- sumers by giving them more choice at lower this open question settled after all. vious Congress. Together, these bills rep- prices. f resented the Nation’s roadmap for the infor- Moreover, the legislation addresses issues mation superhighway. I want to commend my related to the breakup of AT&T. The bill lays PROGRESS ON THE ECONOMY distinguished colleague, Mr. DINGELL, for the foundation to resolve issues with respect quickly bringing these issues to the attention to the line of business restrictions placed upon HON. LEE H. HAMILTON of the House by introducing this legislation on the Bell operating companies at the time of OF INDIANA the opening day of the 104th Congress. the breakup. It sets the stage for determining IN THE HOUSE OF REPRESENTATIVES Although approved by impressive margins in how and when a Bell company may participate Wednesday, January 4, 1995 the House, the Senate was unable to com- in the long distance marketplace. plete work on a similar measure due to a In addition, this legislation stipulates the Mr. HAMILTON. Mr. Speaker, I would like to number of factors, including the lack of suffi- terms and conditions for Bell company partici- insert my Washington Report for Wednesday, cient days remaining in the legislative cal- pation in the information services, alarm, and October 26, 1994, into the CONGRESSIONAL endar. equipment manufacturing markets. This legis- RECORD. Titles III, IV, V, and VI of the bill introduced lation will effectively take these issues out of PROGRESS ON THE ECONOMY today consist of the language of H.R. 3636, the courts and will provide a blueprint to the One of the top concerns of Hoosiers re- which I introduced in the 103d Congress with Federal Communications Commission, the De- mains the economy and the economic out- Representative JACK FIELDS. Working closely partment of Justice, and State regulators as to look. Hoosiers are concerned about the budg- in bipartisan fashion with our other sub- how to move the industry toward greater com- et deficit, our international competitiveness, committee colleagues, we were able to pro- petition while protecting consumers and com- and especially jobs and job security. At the pose radical changes and needed reforms to same time, most recognize that progress is petitors from the potential for monopoly being made and that the economy is doing our Nation’s communications laws. This bill abuses. This bill will also provide a modicum better now than it has for years. Over the passed the House by a vote of 423 to 4 last of certainty to participants in the marketplace, last two years we have made major progress year. allowing CEO’s, investors, and entrepreneurs on the budget deficit. That in turn has given It is my hope to again work closely with to effectively plan for the future. a significant boost to the economy. We need now-Chairman FIELDS and other committee Again, I want to commend Mr. DINGELL for to build on these successes and continue the members, in a nonpartisan way, to repeat our introducing this legislation. I look forward to basic policies that have helped turn things around. Certainly there is still much room legislative success in the new Congress. working with him, Mr. FIELDS, Mr. BLILEY, and for improvement in the economy, but there The purpose of this legislation is to help other committee colleagues, on legislation to consumers by promoting a national commu- is little evidence that our economic policy overhaul the 1934 Communications Act for the needs a major change in direction. nications and information infrastructure. This 1990’s. PROGRESS ON THE ECONOMY legislation seeks to accomplish that goal by f encouraging the deployment of advanced In January 1993, both the federal deficit communications services and technologies TRIBUTE TO JOE PATERNO AND and federal spending as a share of the econ- THE NITTANY LIONS omy were spiraling upward, while the econ- through competition, by safeguarding rate- omy was in the slowest recovery of the post- payers and competitors from potential anti- war era. The President and Congress passed competitive abuses, by preserving and en- HON. WILLIAM F. CLINGER, JR. the deficit reduction package last year hancing universal service, and by addressing OF PENNSYLVANIA which led to a dramatic drop in the deficit, and also has sparked a steady, sustainable longstanding legal and regulatory issues IN THE HOUSE OF REPRESENTATIVES posed by the Modification of Final Judgment economic recovery. Critics were saying that [MFJ], which broke up Ma Bell a decade ago. Wednesday, January 4, 1995 the package would cause a recession and The bill will preserve and enhance the goal Mr. CLINGER. Mr. Speaker, on this historic higher unemployment. It has had just the opposite effect, boosting the economy in sev- of providing to all Americans high-quality first day of the 104th Congress, I would like to eral key ways. phone service at just and reasonable rates. publicly extend my warmest congratulations to Deficit reduction: The $430 billion deficit This goal of universal service is one of the Joe Paterno and the Nittany Lions of Penn reduction package means that the deficit proudest achievements of our Nation during State on their Rose Bowl victory. will decline for three years in a row—the the 20th century, and this legislation will en- As the winner of the Big Ten Conference, first time that has happened since the Tru- sure it endures beyond the year 2000. the Nittany Lions went to Pasadena to meet a man Administration. We are finally getting Second, the legislation will promote and ac- worthy adversary, and the Oregon Ducks a handle on the deficit—bringing it down celerate competition to the cable television in- proved to be just that. In the end, however, from $290 billion in 1992 to a projected $160 dustry by permitting telephone companies to billion next year. That will make the deficit Penn State triumphed, 38 to 20, after dis- as a share of the economy the lowest since compete in offering video programming. Spe- playing fine teamwork and unrelenting deter- 1979, and one of the lowest of all the major cifically, the bill would rescind the statutory mination. industrialized countries. ban on telephone company ownership and de- With this Rose Bowl victory, Joe Paterno By 1998 the national debt will be $650 bil- livery of video programming. Telephone com- passes Bear Bryant as the coach with the lion lower than was projected before the pas- panies would be permitted, through a separate most bowl game victories to his credit. This sage of the deficit reduction plan. (Two- subsidiary, to provide video programming to win completes the fifth undefeated season in thirds of this comes directly from the deficit their subscribers so long as they establish an his 29 years of coaching at Penn State. reduction package, the rest from the open system to permit others to use their The Associated Press and CNN/USA Today strengthened economy.) That’s $10,800 of re- duced federal debt for each family of four in video platforms. But they must enter the busi- have awarded the national championship to Indiana. We need to continue these deficit ness the old fashioned way: by building a new another undefeated team, but in my mind reduction efforts rather than reverse course. system and not just through buying up an ex- Penn State has earned the right to be called Growth: The U.S. economy is growing at a isting system. a national champion. solid, sustainable pace. The rate of economic

VerDate Mar 15 2010 04:40 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00028 Fmt 0626 Sfmt 0634 D:\FIX-CR\1995\E04JA5.REC E04JA5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE January 4, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E29 growth, which averaged 1.5% in the Bush Ad- well as meaningful health care reform that Eggenberger, Nathan Hoegger, Pamela ministration, has more than doubled to 3.3% reins in escalating health care costs. Maeder, Bryan Neville, Anita Nourie, Curtis in the Clinton Administration. The U.S. Trade deficit: A second disappointment is Price, Falynne Price, Amber Riegel, Dennis economy is growing faster than any other the trade deficit. Since the mid-1970s, the Robisky, Andrea Scott, Jennifer Small, Jason major industrialized country. Our projected U.S. has been importing more goods and growth rate of around 3% is about where we services than it has exported. The trade def- Spandet, Joey Stevenson, Kathleen Stewart, want it—much slower and it would lead to icit in goods and services, which peaked at Joann Weller, and Rhea Ann Wilson. rising unemployment, much faster and it $150 billion in 1987, fell to $30 billion in 1991. Who knows, Mr. Speaker? Some of these would reignite inflation. Since then, severe recessions in Europe and students may serve in the U.S. House of Rep- Unemployment: The unemployment rate Japan have reduced their ability to buy U.S. resentatives one day. Most important, how- has come down from 7.1% in January 1993 to products, driving our trade deficit up to the ever, is that these students help to educate 5.9% today. Some 4.6 million new jobs have $80–90 billion range. This should turn around other citizens about the importance of public been created since January 1993, compared to as Europe and Japan recover. participation and the virtues of good govern- 2.4 million over the previous four years. 92% CONCLUSION of these jobs have been in the private sector, ment. Certainly we need to continue to focus on compared to 54% during the Bush Adminis- Mr. Speaker, I offer my congratulations to improving our country’s economic future, tration. American job growth this year will these fine students. but we have made significant progress in exceed job growth of all the other major in- shoring up the economy during the past two dustrialized countries combined. f years. An independent study recently found In Indiana, the unemployment rate has that the U.S. now has the world’s most com- dropped from 5.9% in January 1993 to 5.1%. PROTECT LIFE: NOW AND petitive economy, overtaking Japan for the The number of Hoosier jobs has grown by FOREVER first time since 1985. Federal Reserve Chair- 155,000 in the last two years, after declining man Alan Greenspan said earlier this year by almost 100,000 in the three previous years. that because of the deficit reduction effort, HON. BILL EMERSON This is solid progress on the jobs front, and ‘‘. . . the foundations of the economic expan- OF MISSOURI we need to continue the deficit reduction sion are looking increasingly well-en- IN THE HOUSE OF REPRESENTATIVES lower interest rates, and strong economic trenched’’. We need to continue the policies growth that have helped bring it about. that have made the difference—meaningful Wednesday, January 4, 1995 Productivity: Higher productivity is key to deficit reduction, moderate interest rates, an increased standard of living for American and an emphasis on productive investment. Mr. EMERSON. Mr. Speaker, I rise today to workers. Productivity has increased at an These policies are working and we should introduce legislation which will begin the proc- annual rate of 2.2% since the beginning of stick with them. ess of amending the Constitution to protect 1993—a significant improvement over the human life in all its stages. f record of the 1980s. The lower interest rates Over the past 2 years, the administration resulting from deficit reduction have boosted TRIBUTE TO THE DWIGHT investment and productivity. has touted its pro-abortion policies. In fact, ELEMENTARY SCHOOL Inflation: It has been a significant accom- States across the Nation are being notified plishment that we have done so well in that they breaking the law if they continue to boosting economic growth and lowering un- HON. THOMAS W. EWING refuse to provide abortions under the Medicaid employment without reigniting inflation. In- OF ILLINOIS Program. This must stop, and an amendment flation since January 1993 has averaged to the Constitution will do just that. IN THE HOUSE OF REPRESENTATIVES 2.8%—the lowest level in 30 years. The U.S. Congress has been quick to de- Income growth: Income growth is one as- Wednesday, January 4, 1995 fend the interests of the poor and the home- pect of the recovery that remains dis- less, who have no effective advocate for their appointing. Median family income has not Mr. EWING. Mr. Speaker, as we convene kept up with inflation in recent years. It the 104th Congress, and welcome each of the cause—and indeed those are worthy efforts. grew slightly last year, but after adjusting new Members to this assembly of the people, Yet Congress has, for too long, ignored the for inflation actually declined by about 1%. I am reminded not only of our duty to pre- most silent voice of all, that of an unborn child. This is a slight improvement over the pre- serve, protect, and uphold the U.S. Constitu- The U.S. legal system is firmly based on vious four years, but still disappointing. tion, but of the vital role an educated citizenry morals. Is it right or wrong to steal? Is it right Family incomes in Indiana did not decline plays in the effective governing of our country. or wrong to hurt another person? Is it right or like the rest of the country, but they did not wrong to drive an automobile carelessly, thus grow either. As Members of Congress we have a responsi- This has made many people skeptical bility to promote civic education and to recog- endangering the lives of others? The answer about overall progress on the economy since nize those who excell in their studies. to all of these questions is, of course, it is they have not felt it much in their pay- This is why I am proud to enter into the per- wrong. checks. Although most workers saw a mod- manent RECORD of the 104th Congress the The fact remains that abortion is the taking est increase in their total compensation— names of the following distinguished students of an innocent human life—a killing that is wages plus benefits—during the past decade, from Dwight Elementary School in the 15th morally wrong. The solution is to amend the it was much less than in earlier decades and District of Illinois who have been awarded a Constitution and clarify that basic human most of the increase recently has gone for rights extend to all—including the unborn. higher employee health insurance premiums. Certificate of Achievement from the Center of So workers have not seen much increase in Civic Education, for their study of the history I urge my colleagues in the House to put their paychecks. Making real progress on and principles of the Constitution of the United this scandalous chapter in our Nation’s history takehome pay will require continued strong States of America. The honorees are: Joseph to an end by starting the process which would economic growth, increased investment, as Brassard, Robert Breese, Timothy Brown, Lori amend the Constitution to protect all life.

VerDate Mar 15 2010 04:40 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00029 Fmt 0626 Sfmt 0634 D:\FIX-CR\1995\E04JA5.REC E04JA5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE E30 CONGRESSIONAL RECORD — Extensions of Remarks January 4, 1995 SENATE COMMITTEE MEETINGS MEETINGS SCHEDULED 10:00 a.m. Judiciary Title IV of Senate Resolution 4, JANUARY 6 Organizational meeting to consider com- mittee business. agreed to by the Senate on February 4, 9:30 a.m. 1977, calls for establishment of a sys- Joint Economic SD–226 tem for a computerized schedule of all To hold hearings on the employment-un- JANUARY 11 meetings and hearings of Senate com- employment situation for December. SD–538 9:00 a.m. mittees, subcommittees, joint commit- 10:00 a.m. Labor and Human Resources tees, and committees of conference. Banking, Housing, and Urban Affairs To continue hearings to examine Federal This title requires all such committees To continue hearings to examine issues job training programs. to notify the Office of the Senate Daily involving municipal, corporate and in- SD–430 dividual investors in derivative prod- Digest—designated by the Rules Com- 10:00 a.m. ucts and the use of highly leveraged in- Appropriations mittee—of the time, place, and purpose vestment strategies. Organizational meeting to consider sub- SD–106 of the meetings, when scheduled, and committee membership, committee any cancellations or changes in the JANUARY 10 rules of procedure, and committee meetings as they occur. budget for the 104th Congress. 9:00 a.m. S–128, Capitol As an additional procedure along Budget To hold joint hearings with the House with the computerization of this infor- JANUARY 12 mation, the Office of the Senate Daily Committee on the Budget to review 9:00 a.m. Digest will prepare this information for congressional budget cost estimating. 345 Cannon Building Labor and Human Resources printing in the Extensions of Remarks Labor and Human Resources To continue hearings to examine Federal section of the CONGRESSIONAL RECORD To hold hearings to examine Federal job job training programs. on Monday and Wednesday of each training programs. SD–430 week. SD–430 9:30 a.m. JANUARY 19 Armed Services Meetings scheduled for Thursday, 9:30 a.m. Organizational meeting to consider com- January 5, 1995, may be found in the Indian Affairs mittee business. Daily Digest of today’s RECORD. SR–222 To hold oversight hearings to review Select on Intelligence structure and funding issues of the Bu- To hold hearings to examine world reau of Indian Affairs. threat issues. SR–485 SH–216

VerDate Mar 15 2010 04:40 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00030 Fmt 0626 Sfmt 0634 D:\FIX-CR\1995\E04JA5.REC E04JA5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE Wednesday, January 4, 1995 Daily Digest

HIGHLIGHTS First session of the One Hundred Fourth Congress convened. House passed congressional accountability measure. Senate sembled and that the Senate is ready to proceed to Chamber Action business. Page S6 Routine Proceedings, pages S1–S52 Hour of Daily Meeting: Senate agreed to S. Res. Measures Introduced: One hundred forty-nine bills 3, fixing the hour of daily meeting of the Senate at and thirty-eight resolutions were introduced, as fol- 12 o’clock meridian, unless otherwise provided. lows: S. 1–149, S.J. Res. 1–12, S. Res. 1–25, and Page S6 S. Con. Res. 1. Pages S47±52 Electing President pro tempore: Senate agreed to Reports of a Committee: Pursuant to the order of S. Res. 4, electing the Honorable Strom Thurmond, the Senate of December 1, 1994, the following re- of South Carolina, as President pro tempore of the ports were filed: Senate. Page S6 Report on the Inquiry into the U.S. Park Police Investigation of the Death of White House Deputy Notifying President of the Election of President Counsel Vincent W. Foster, Jr. (S. Rept. No. 103– pro tempore: Senate agreed to S. Res. 5, notifying 433, Vol. I) the President of the United States of the election of Report on the Communications Between Officials Senator Thurmond as President pro tempore of the of the White House and the U.S. Department of the Senate. Page S6 Treasury on the Resolution Trust Corporation. (S. Election of Secretary of the Senate: Senate agreed Rept. No. 103–433, Vol. II) Page S47 to S. Res. 6, electing Sheila Burke as Secretary of the Administration of Oath of Office: The Senators- Senate. Page S6 elect were administered the oath of office by the Election of Sergeant at Arms and Doorkeeper of Vice President. Pages S4±5 the Senate: Senate agreed to S. Res. 7, electing Measures Passed: Howard O. Green, Jr., as the Sergeant at Arms and Doorkeeper of the Senate. Page S6 Notification to the President: Senate agreed to S. Res. 1, providing that a committee consisting of two Election of Secretary for the Majority: Senate Senators be appointed by the Vice President to join agreed to S. Res. 8, electing Elizabeth B. Greene as such committee as may be appointed by the House the Secretary for the Majority. Page S6 of Representatives to inform the President of the Notification to the President: Semate agreed to S. United States that a quorum of each House is assem- Res. 9, notifying the President of the United States bled. Subsequently, Senators Dole and Daschle were of the election of a Secretary of the Senate. appointed by the Vice President. Page S6 Pages S6±7 Notification to the House of Representatives: Election of Secretary for the Minority: Senate Senate agreed to S. Res. 2, informing the House of agreed to S. Res. 10, electing C. Abbott Saffold as Representatives that a quorum of the Senate is as- the Secretary for the Minority. Page S7

D 1 D 2 CONGRESSIONAL RECORD — DAILY DIGEST January 4, 1995 Notification to the House: Senate agreed to S. Senate will continue consideration of the resolu- Res. 11, notifying the House of Representatives of tion on Thursday, January 5. the election of Senator Thurmond as President pro Measure Indefinitely Postponed: tempore of the Senate. Page S7 Committee Funding: Senate indefinitely post- Notification to the House: Senate agreed to S. poned further consideration of S. Res. 19, to express Res. 12, notifying the House of Representatives of the sense of the Senate that the Committee on Rules the election of a Secretary of the Senate. Page S7 and Administration when it reports the committee Amending Senate Rules: Senate agreed to S. Res. funding resolution for 1995–96 it should reduce 13, amending Rule XXV of the Standing Rules of funding for committees by 15% from the level pro- the Senate. Pages S7±8 vided for 1993–94. Pages S10, S45 Majority Committee Appointments: Senate Unanimous-Consent Agreements: agreed to S. Res. 15, making majority party appoint- Select Committee on Ethics: Senate agreed that, ments to certain Senate committees for the 104th for the duration of the 104th Congress, the Select Congress. Page S8 Committee on Ethics be authorized to meet during Minority Committee Appointments: Senate the session of the Senate. Page S9 agreed to S. Res. 16, making minority party ap- Time for Rollcall Votes: Senate agreed that, for pointments to Senate committees under paragraph 2 the duration of the 104th Congress, there be a limi- of Rule XXV for the One Hundred and Fourth Con- tation of 15 minutes each upon any rollcall vote, gress. Pages S8, S44 with the warning signal to be sounded at the mid- Subsequently, the resolution was modified. way point, beginning at the last 71⁄2 minutes, and Page S44 when rollcoll votes are of 10 minutes’ duration, the warning signal be sounded at the beginning of the Amending Senate Rules: Senate agreed to S. Res. last 71⁄2 minutes. Page S9 17, to amend paragraph 4 of Rule XXV of the Standing Rules of the Senate. Pages S8±9, S44 Authority to Receive Reports: Senate agreed that, Subsequently, the resolution was modified. during the 104th Congress, it be in order for the Page S44 Secretary of the Senate to receive reports at the desk when presented by a Senator at any time during the Reappointment of Senate Legal Counsel: Senate day of the session of the Senate. Page S9 agreed to S. Res. 18, relating to the reappointment of Michael Davidson as Senate Legal Counsel. Recognition of Leadership: Senate agreed that the majority and minority leaders may daily have up to Page S10 10 minutes on each calendar day following the pray- Majority Committee Appointments: Senate er and disposition of the reading, or the approval of, agreed to S. Res. 20, making majority party appoint- the Journal. Page S9 ments to certain Senate committees for the 104th House Parliamentarian Floor Privileges: Senate Congress. Page S10 agreed that the Parliamentarian of the House of Displaced Staff Member: Senate agreed to S. Res. Representatives and his three assistants be given the 25, relating to section 6 of S. Res. 458 of the 98th privilege of the floor during the 104th Congress. Congress. Page S44 Page S9 Amending Senate Rules: Senate began consider- Printing of Conference Reports: Senate agreed ation of S. Res. 14, amending paragraph 2 of the that, notwithstanding the provisions of Rule Rule XXV of the Standing Rules of the Senate. XXVIII, conference reports and statements accom- Pages S30±44 panying them not be printed as Senate reports when Pending: such conference reports and statements have been Harking Amendment No. 1, amend the Standing printed as a House report unless specific request is Rules of the Senate to permit cloture to be invoked made in the Senate in each instance to have such a by a decreasing majority vote of Senators down to a report printed. Page S9 majority of all Senators duly chosen and sworn. Authority for Appropriations Committee: Senate Pages S30±44 agreed that the Committee on Appropriations be au- A unanimous-consent time agreement was reached thorized during the 104th Congress to file reports providing for further consideration of the pending during adjournments or recesses of the Senate on ap- amendment on Thursday, January 5, with a vote on propriation bills, including joint resolutions, to- a motion to table the amendment to occur thereon. gether with any accompanying notices of motions to Page S44 suspend Rule XVI, pursuant to Rule V, for the pur- January 4, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 3 pose of offering certain amendments to such bills or joint resolutions, I. Shepard, of California, as a member of the Na- which proposed amendment shall be printed. Pages S9±10 tional Bankruptcy Review Commission. Page S45 Authority for Corrections in Engrossment: Senate Commission on Protecting and Reducing Gov- agreed that, for the duration of the 104th Congress, ernment Secrecy: The Chair announced the follow- the Secretary of the Senate be authorized to make ing appointment made by the Democratic Leader, technical and clerical corrections in the engrossment Senator Mitchell, during the sine die adjournment: of all Senate-passed bills and resolutions, Senate Pursuant to provisions of Public Law 103–236, the amendments to House bills and resolutions, Senate appointment of Senator Moynihan and Samuel P. amendments to House amendments to Senate bills Huntington, of New York, as members of the Com- and resolutions, and Senate amendments to House mission on Protecting and Reducing Government amendments to Senate amendments to House bills or Secrecy. Page S45 resolutions. Pages S9±10 Authority to Receive Messages and Sign Enrolled John C. Stennis Center for Public Training and Measures: Senate agreed that, for the duration of the Development: The Chair announced the following 104th Congress, when the Senate is in recess or ad- appointment made by the Democratic Leader, Sen- journment, the Secretary of the Senate be authorized ator Mitchell, during the sine die adjournment: Pur- to receive messages from the President of the United suant to provisions of Public Law 100–458, Sec. States and—with the exception of House bills, joint 114(b)(1)(2), the reappointment of William Winter resolutions, and concurrent resolutions-messages to a six-year term on the Board of Trustees of the from the House of Representatives, that they be ap- John C. Stennis Center for Public Training and De- propriately referred, and that the President of the velopment, effective Oct. 11, 1994. Page S45 Senate, the President pro tempore, and the Acting Nominations Received: Senate received the follow- President pro tempore be authorized to sign duly en- ing nominations: rolled bills and joint resolutions. Pages S9±10 Robert E. Rubin, of New York, to be Secretary of Privileges of the Floor: Senate agreed that, for the the Treasury. duration of the 104th Congress, Senators be allowed Robert E. Rubin, of New York, to be United to leave at the desk with the Journal Clerk the States Governor of the International Monetary Fund names of two staff members who will be granted the for a term of five years; United States Governor of privilege of the floor during the consideration of the the International Bank for Reconstruction and De- specific matter noted, an that the Sergeant-at-Arms velopment for a term of five years; United States be instructed to rotate such staff members as space Governor of the Inter-American Development Bank allows. Pages S9±10 for a term of five years; United States Governor of Referral of Treaties and Nominations: Senate the African Development Bank for a term of five agreed that for the duration of the 104th Congress, years; United States Governor of the Asian Develop- it be in order to refer treaties and nominations on ment Bank; United States Governor of the African the day when they are received from the President, Development Fund; United States Governor of the even when the Senate has no executive session that European Bank for Reconstruction and Development. day. Pages S9±10 Ronna Lee Beck, of the District of Columbia, to be an Associate Judge of the Superior Court of the Appointments: District of Columbia for the term of fifteen years. Commission on the Roles and Capabilities of the Linda Kay Davis, of the District of Columbia, to U.S. Intelligence Community: The Chair announced be an Associate Judge of the Superior Court of the the following appointment made by the Republican District of Columbia for the term of fifteen years. Leader, Senator Dole, During the sine die adjourn- Eric T. Washington, of the District of Columbia, ment: Pursuant to provisions of Public Law 103– to be an Associate Judge of the Superior Court of 359, the appointment of Senator Warner and David the District of Columbia for the term of fifteen H. Dewhurst, of Texas, as members of the Commis- years. (See next issue.) sion on the Roles and Capabilities of the United Page S45 States Intelligence Community. Page S45 Messages From the House: National Bankruptcy Review Commission: The Communications: Page S45 Chair announced the following appointment made Petitions: Pages S45±47 by the President pro tempore, Senator Byrd, during Statements on Introduced Bills: (See next issue.) the sine die adjournment: Pursuant to provisions of Public Law 103–394, and upon the recommendation Additional Cosponsors: (See next issue.) of the Republican Leader, the appointment of James Amendments Submitted: (See next issue.) D 4 CONGRESSIONAL RECORD — DAILY DIGEST January 4, 1995

Notices of Hearings: (See next issue.) January 5, 1995. (For Senate’s program, see the re- Additional Statements: (See next issue.) marks of the Acting Majority Leader in today’s RECORD on page S45.) Quorum Calls: One quorum call was taken today. (Total—1) (See next issue.) Committee Meetings Adjournment: Senate convened at 12 noon, and re- cessed at 9:10 p.m., until 10 a.m., on Thursday, No committee meetings were held. h House of Representatives Report entitled ‘‘Activities of the Committee on Chamber Action Armed Services for the 103d Congress’’ (H. Rept. Bills Introduced: [Bills and resolutions introduced 103–881, filed on December 29, 1994); today will be printed in a future issue of the Report entitled ‘‘Activity of the Committee on RECORD.] Energy and Commerce for the 103d Congress’’ (H. Reports Filed: The following reports were filed sub- Rept. 103–882, filed on January 2); sequent to the sine die adjournment of the One Report entitled ‘‘Activities of the Committee on Hundred Third Congress: the Judiciary During the 103d Congress’’ (H. Rept. Report entitled ‘‘Activities of the Committee on 103–883, filed on January 2); Education and Labor During the 103d Congress’’ (H. Report entitled ‘‘Activities of the House Commit- Rept. 103–872, filed on December 13, 1994); tee on Government Operations During the 103d Report entitled ‘‘Summary of Activities of the Congress’’ (H. Rept. 103–884, filed on January 2); Committee on Standards of Official Conduct During Report entitled ‘‘Activities of the Committee on the 103d Congress’’ (H. Rept. 103–873, filed on Small Business During the 103d Congress’’ (H. December 13, 1994); Rept. 103–885, filed on January 2); Report entitled ‘‘Activities and Summary Report Report entitled ‘‘Activities of the Committee on of the Committee on the Budget During the 103d Agriculture During the 103d Congress’’ (H. Rept. Congress’’ (H. Rept. 103–874, filed on December 103–886, filed on January 2); 19, 1994); Report entitled ‘‘Final Report on the Activities of Report entitled ‘‘Legislative Review Activity Dur- the Merchant Marine and Fisheries Committee, 103d ing the 103d Congress of the Committee on Ways Congress’’ (H. Rept. 103–887, filed on January 2); and Means’’ (H. Rept. 103–875, filed on December Report entitled ‘‘Summary of Activities of the 20, 1994); Committee on Science, Space, and Technology for Report entitled ‘‘Activities of the Committee on the 103d Congress’’ (H. Rept. 103–888, filed on Post Office and Civil Service for the 103d Congress’’ January 2); and (H. Rept. 103–876, filed on December 20, 1994); Report entitled ‘‘Report on the Activities of the Report entitled ‘‘Summary of Legislative Activities Committee on Appropriations During the 103d of the Committee on Public Works and Transpor- tation, One Hundred Third Congress’’ (H. Rept. Congress (H. Rept. 103–889, filed on January 2). 103–877, filed on December 22, 1994); (See next issue.) Report entitled ‘‘Activities Report of the Commit- Election of Speaker: By a yea-and-nay vote of 228 tee on Veterans’ Affairs, House of Representatives, yeas to 202 nays, with 4 voting ‘‘present’’, Roll No. 103d Congress’’ (H. Rept. 103–878, filed on De- 2, Newt Gingrich of the State of Georgia was elect- cember 23, 1994); ed Speaker of the House of Representatives over Report entitled ‘‘Activities of the Permanent Se- Richard A. Gephardt of the State of Missouri. Rep- lect Committee on Intelligence During the 103d resentatives Thomas of California, Fazio, Roukema, Congress’’ (H. Rept. 103–879, filed on December and Schroeder acted as tellers. The Speaker was es- 23, 1994); corted to the Chair by Representatives Gephardt, Report entitled ‘‘Legislative Review Activities of Armey, DeLay, Bonior, Boehner, Fazio, Collins of the Committee on Foreign Affairs During the 103d Georgia, Lewis of Georgia, Bishop, Deal, Kingston, Congress’’ (H. Rept. 103–880, filed on December Linder, McKinney, Barr, Chambliss, and Norwood. 29, 1994); Pages H3±4 January 4, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 5 Representative Dingell administered the oath of By a yea-and-nay vote of 355 yeas to 74 nays, office to the Speaker, who subsequently administered with 1 voting ‘‘present’’, Roll No. 8, the House the oath to Members-elect present en bloc. Page H8 agreed to section 103 of the resolution regarding Party Leaders: It was announced that Representa- term limits for the Speaker, committee and sub- tives Armey and Gephardt had been elected majority committee chairmen; (See next issue.) and minority leaders, respectively, and that Rep- By a yea-and-nay vote of 418 yeas to 13 nays, resentatives DeLay and Bonior had been appointed Roll No. 9, the House agreed to section 104 of the majority and minority whips, respectively. resolution regarding a ban on proxy votes in any Pages H8±9 committee or subcommittee; (See next issue.) By a yea-and-nay vote of 431 yeas, Roll No. 10, House Officers: House agreed to H. Res. 1, elect- the House agreed to section 105 of the resolution re- ing the following officers of the House of Represent- garding sunshine rules concerning committee meet- atives: Robin H. Carle, Clerk; Wilson S. Livingood, ings; (See next issue.) Sergeant at Arms; Scott M. Faulkner, Chief Admin- By a yea-and-nay vote of 279 yeas to 152 nays, istrative Officer; and Reverend James David Ford, Roll No. 11, the House agreed to section 106 of the Chaplain. Page H9 resolution regarding limitations on tax increases; On division of the question, rejected an amend- (See next issue.) ment that sought to name certain minority employ- By a yea-and-nay vote of 430 yeas to 1 nay, Roll ees to the positions of Clerk, Sergeant at Arms, and No. 12, the House agreed to section 107 of the reso- Chief Administrative Officer. Page H9 lution regarding a comprehensive House audit; and Notify Senate: House agreed to H. Res. 2, to in- (See next issue.) form the Senate that a quorum of the House had as- By a yea-and-nay vote of 249 yeas to 178 nays, sembled and had elected Newt Gingrich, a Rep- Roll No. 13, the House agreed to section 108 of the resentative from the State of Georgia, Speaker; and resolution providing that the Majority Leader and Robin H. Carle, a citizen of the Commonwealth of Minority Leader, or their designees, be authorized to Virginia, Clerk of the House of Representatives. call up for consideration on January 4, 1995 (or Page H9 thereafter) H.R. 1, the ‘‘Congressional Accountabil- Notify President: House agreed to H. Res. 3, au- ity Act of 1995’’, subject to one hour of debate, thorizing the Speaker to appoint a committee of two equally divided between the Majority Leader and members to join with a like committee of the Senate Minority Leader, or their designees, and subject to to notify the President that a quorum of each House one motion to recommit by the minority, which has assembled and that the Congress is ready to re- could include amendments; and (See next issue.) ceive any communication that he may be pleased to House agreed to title II of the resolution which make. Subsequently, the Speaker appointed Rep- provided for House administrative reforms; changes resentatives Armey and Gephardt to the committee. in the committee system; oversight reform; Member Page H9 assignment limit; multiple bill referral reform; accu- racy of committee transcripts; elimination of ‘‘rolling Inform President: House agreed to H. Res. 4, au- quorums’’; prohibition on committees sitting during thorizing the Clerk of the House to inform the House consideration of amendments; accountability President that the House of Representatives had for committee votes; affirmation of minority’s rights elected Newt Gingrich, a Representative from the on motions to recommit; waiver policy for special State of Georgia, Speaker; and Robin H. Carle, a cit- rules; prohibition on delegate voting in Committee izen of the Commonwealth of Virginia, Clerk of the of the Whole; accuracy of the CONGRESSIONAL House of Representatives. Page H9 RECORD; automatic rollcall votes; appropriations re- House Rules: House agreed to H. Res. 6, adopting forms; ban on commemoratives; numerical designa- the Rules of the House of Representatives for the tion of amendments submitted for the CONGRES- One Hundred Fourth Congress. SIONAL RECORD; requirement for the Pledge of Alle- Pages H23±38 (continued next issue) giance as the third order of business each day; publi- By a yea-and-nay vote of 416 yeas to 12 nays, cation of signators of discharge petitions; protection Roll No. 6, the House agreed to section 101 of the of classified materials; structure of the Permanent Se- resolution regarding committees, subcommittees, and lect Committee on Intelligence; abolition of legisla- staff reforms; (See next issue.) tive service organizations; and miscellaneous provi- By a yea-and-nay vote of 421 yeas to 6 nays, Roll sions and clerical corrections. (See next issue.) No. 7, the House agreed to section 102 of the reso- Rejected the Bonior motion to commit title II to lution regarding truth-in-budgeting baseline reform; a select committee composed of the Majority Leader (See next issue.) and the Minority Leader with instructions to report D 6 CONGRESSIONAL RECORD — DAILY DIGEST January 4, 1995 back the same to the House forthwith contain- Sacrifice and Courage of Warrant Officers ing an amendment that changes from three to Hilemon and Hall: House agreed to H. Con. Res. four years the Speaker term limits; contains lan- 1, recognizing the sacrifice and courage of Army guage regarding majority-minority committee Warrant Officers David Hilemon and Bobby W. staff ratios on committees; language regarding Hall II, whose helicopter was shot down over North the striking of waivers from budget resolutions; Korea on December 17, 1994. (See next issue.) language regarding a ban on gifts from lobbyists; language regarding certain limitations on income Committee Elections: House agreed to the follow- from royalties received by any Members, officer, ing resolutions to designate committee memberships: or employee of the House; and language amend- H. Res. 11, designating majority membership on ing existing rules creating the position of Direc- certain standing committees of the House; tor of Non-Legislative and Financial Services (re- H. Res. 12, designating minority membership on jected by a recorded vote of 201 ayes to 227 certain standing committees of the House; and noes, Roll No. 14). (See next issue.) H. Res. 13, electing Representative Bernard Sand- H. Res. 5, the rule which provided for the consid- ers to standing committees of the House. eration of the resolution, was agreed to earlier by a (See next issue.) yea-and-nay vote of 251 yeas to 181 nays, Roll No. House of Representatives Page Board: Pursuant 5. Agreed to order the previous question on the reso- to section 127 of Public Law 97–377, the Speaker lution by a yea-and-nay vote of 232 yeas to 199 appointed as members of the House of Representa- nays, Roll No. 3. Pages H10±19, H22±23 tives Page Board the following Members: Represent- Earlier, objection was heard to a unanimous con- sent request to consider the resolution. Rejected the atives Emerson and Kolbe. (See next issue.) Bonior motion to commit H. Res. 5 to the Commit- House Office Building Commission: Pursuant to tee on Rules with instructions (rejected by a yea- the provisions of 40 United States Code, sections and-nay vote of 196 yeas to 235 nays, Roll No. 4). 175 and 176, the Speaker appointed Representative Pages H19±22 Armey as a member of the House Office Building Congressional Accountability Act: By a yea-and- Commission, to serve with himself and Representa- nay vote of 429 yeas, Roll No. 15, the House passed tive Gephardt. (See next issue.) H.R. 1, to make certain laws applicable to the legis- Select Committee on Intelligence: Pursuant to lative branch of the Federal Government. clause 1 of rule 48 and clause 6(f) of rule 10, the (See next issue.) Speaker appoints as members of the Permanent Se- Legislative Program: The Majority Leader an- lect Committee on Intelligence the following Mem- nounced the legislative program for the week of Jan- bers: Representatives Combest, Chairman, Dornan, uary 9. Agreed that the House will adjourn from Young of Florida, Hansen, Lewis of California, Goss, Thursday to Monday; and adjourn from Monday, Shuster, McCollum, Castle, Dicks, Richardson, January 9 until Wednesday, January 11; and adjourn Dixon, Torricelli, Coleman, Pelosi, and Laughlin. from Wednesday, January 11, until Friday, January (See next issue.) 13. (See next issue.) Morning Hour Debate: It was made in order that Calendar Wednesday: Agreed to dispense with Cal- the House may convene 90 minutes earlier than the endar Wednesday business of Wednesday, January time otherwise established by order of the House on 11. (See next issue.) Mondays and Tuesday of each week solely for the Minority Employees: House agreed to H. Res. 7, purpose of conducting ‘‘morning hour’’ debates providing for the designation of certain minority under certain conditions. (See next issue.) employees. (See next issue.) Clerk’s Authorization: Read a letter from the Clerk Meeting Hour 104th Congress: House agreed to of the House wherein, under clause 4 of Rule III of H. Res. 8, fixing the daily hour of meeting for the the Rules of the House of Representatives, she des- 104th Congress. (See next issue.) ignates Ms. Linda Nave, Deputy Clerk, to sign any Steering and Policy Committees Funding: House and all papers and do all other acts under the name agreed to H. Res. 9, providing amounts for the Re- of the Clerk of the House which she would be au- publican Steering Committee and the Democratic thorized to do by virtue of such designation, except Policy Committee. (See next issue.) as provided by statute, in case of the Clerk’s tem- Employee Position Transfers: House agreed to H. porary absence or disability. (See next issue.) Res. 10, providing for the transfer of two employee Senate Messages: Message received from the Senate positions. (See next issue.) today appears on page H23. January 4, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 7 Quorum Calls—Votes: One quorum call (Roll No. Committee on Governmental Affairs: January 5, to hold 1), thirteen yea-and-nay votes, and one recorded vote joint hearings with the Committee on the Budget on S. developed during the proceedings of the House 1, to curb the practice of imposing unfunded Federal today and appear on pages H1–2, H3–4, H19, H22, mandates on States and local governments, and to H22–23 (continued next issue). strengthen the partnership between the Federal Govern- ment and State, local and tribal governments, 9:30 a.m., Adjournment: Met at noon and adjourned 2:24 SH–216. a.m. on Thursday, January 5. Committee on the Judiciary: January 5, to hold hearings on a proposed constitutional amendment to balance the Committee Meetings Federal budget, 10 a.m., SD–226. NOTICE No committee meetings were held. For a listing of Senate committee meetings sched- f uled ahead, see page E30 in today’s RECORD. CONGRESSIONAL PROGRAM AHEAD House Chamber Week of January 5 through 7, 1995 The program will be announced. Senate Chamber House Committees On Thursday, Senate will resume consideration of Committee on the Budget, January 6, to hold an organiza- S. Res. 14, amending paragraph 2 of Rule XXV of tional meeting, 10 a.m., 210 Cannon. the Standing Rules of the Senate, with a vote on the Committee on Economic and Educational Opportunities, Janu- motion to table Harkin Amendment No. 1, relating ary 5, to hold an organizational meeting, 9:30 a.m., 2175 to the imposition of cloture, to occur at 11:30 a.m. Rayburn. Committee on the Judiciary, January 5, to hold an organi- Senate may also consider S. 2, to make certain zational meeting, 11 a.m., 2141 Rayburn. laws applicable to the legislative branch of the Fed- Committee on Rules, January 5, to hold an organizational eral Government. meeting, 1 p.m., H–313 Capitol. Senate Committees Committee on Science, January 5, to hold an organiza- tional meeting, 1 p.m., 2318 Rayburn. (Committee meetings are open unless otherwise indicated) January 6, hearing on ‘‘Is Today’s Science Policy Pre- Committee on Banking, Housing, and Urban Affairs: Janu- paring Us for the Future,’’ 9:30 a.m., 2318 Rayburn. ary 5 and 6, to hold hearings to examine issues involving Committee on Transportation and Infrastructure, January 5, municipal, corporate and individual investors in deriva- to hold an organizational meeting, 10 a.m., 2167 Ray- tive products and the use of highly leveraged investment burn. strategies, 10 a.m., SD–106. Committee on Ways and Means, January 5, to hold an or- Committee on the Budget: January 5, to hold joint hear- ganizational meeting, 11 a.m., and to hold a hearing on ings with the Committee on Governmental Affairs on S. the Contract With America, 1 p.m., 1100 Longworth. 1, to curb the practice of imposing unfunded Federal mandates on States and local governments, and to Joint Meetings strengthen the partnership between the Federal Govern- Joint Economic Committee: January 6, to hold hearings on ment and State, local and tribal governments, 9:30 a.m., the employment-unemployment situation for December, SH–216. 9:30 a.m., SD–538. D 8 CONGRESSIONAL RECORD — DAILY DIGEST January 4, 1995

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Thursday, January 5 10 a.m., Thursday, January 5

Senate Chamber House Chamber Program for Thursday: At 10:15 a.m., Senate will re- Program for Thursday: No legislative business is sched- sume consideration of S. Res. 14, amending paragraph 2 uled. of Rule XXV, with a vote on the motion to table Harkin Amendment No. 1, relating to the imposition of cloture, to occur at 11:30 a.m.

Extensions of Remarks, as inserted in this issue

HOUSE Gilman, Benjamin A., N.Y., E5, E19, E24 Roth, Toby, Wis., E11, E14 Hamilton, Lee H., Ind., E2, E4, E8, E11, E14, E17, E20, Sawyer, Thomas C., Ohio, E25 Clinger, William F., Jr., Pa., E28 E23, E25, E28 Solomon, Gerald B.H., N.Y., E9, E13 Coleman, Ronald D., Tex., E3 Kennelly, Barbara B., Conn., E10, E13, E18, E20, E24 Stump, Bob, Ariz., E1, E4, E8, E11, E16, E20, E23 Crane, Philip M., Ill., E13, E18, E21 Kim, Jay, Calif., E8 Traficant, James A., Jr., Ohio, E1, E4, E8, E11, E14, Emerson, Bill, Mo., E10, E13, E16, E19, E24, E26, E29 Lincoln, Blanche Lambert, Ariz., E19, E25 E17, E19, E23, E26 Eshoo, Anna G., Calif., E22 Markey, Edward J., Mass., E28 Young, Don, Alaska, E2, E5, E9, E12, E15 Ewing, Thomas W., Ill., E29 Neal, Richard E., Mass., E3, E10, E15 Fields, Jack, Tex., E17, E22 Rahall, Nick J., II, W. Va., E26

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