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

Vol. 142 WASHINGTON, TUESDAY, MARCH 12, 1996 No. 33 House of Representatives

The House met at 12:30 p.m. and was derstand the reasons behind an effort seems a step below territory. Wake Is- called to order by the Speaker pro tem- to change the status. An unincor- land is a possession and has no govern- pore [Mr. KOLBE]. porated territory is little more than a ment functioning there. It is managed f colony with a legal title which dis- by a Federal agency. guises it. An unincorporated territory Guam is an unincorporated territory DESIGNATION OF SPEAKER PRO means that the territory is owned by TEMPORE the United States and that the Con- that is working to establish a new The SPEAKER pro tempore laid be- gress has plenary power over it. But it Commonwealth. The Guam Common- fore the House the following commu- is not incorporated meaning that it is wealth Act, H.R. 1056, which I intro- nication from the Speaker: not truly an integral part of the United duced early in the 104th, provides the WASHINGTON, DC, States. framework for this new Common- March 12, 1996. Unincorporated means that the Con- wealth. Governor Gutierrez and the I hereby designate the Honorable JIM stitution is not fully applicable to Guam Commission on Self-Determina- KOLBE to act as Speaker pro tempore on this Guam. Unincorporated means that the tion have been negotiating with the day. territory is not on a path to statehood Clinton administration to resolve areas NEWT GINGRICH, Speaker of the House of Representatives. in the same way that incorporated ter- of disagreement. I am encouraged by f ritories have historically been. Unin- the commitment shown by the admin- corporated means that the Congress istration’s special representative, Mr. MORNING BUSINESS can make the most basic decisions John Garamendi, to complete these The SPEAKER pro tempore. Pursu- about your political existence. And be- discussions, but I am mindful of the ant to the order of the House of May 12, cause we have no voting representation difficult issues that remain. 1995, the Chair will now recognize in the House or the Senate and because Territories as Commonwealths have Members from lists submitted by the we cannot vote for President, the peo- existed in American history and today majority and minority leaders for ple of Guam have not truly given their morning hour debates. The Chair will consent to the Government which con- we have two—the Commonwealth of alternate recognition between the par- trols their lives. The most basic tenet the Northern Mariana Islands and the ties, with each party limited to not to of American democracy is that govern- Commonwealth of Puerto Rico. The exceed 30 minutes, and each Member ment comes from the consent of the term implies that there is an agree- except the majority and minority lead- governed. In the case of Guam and ment to be a Commonwealth on both er limited to not to exceed 5 minutes. other territories, this is not the case. sides and that this is a step up from un- The Chair recognizes the gentleman Consequently, the term ‘‘colony’’ is incorporated territory. The legal foun- from Guam [Mr. UNDERWOOD] for 5 min- clearly applicable. dations of this assumption are ques- utes. It is much to the credit of Congress tionable and are highly dependent upon f that this plenary power, which so the specific nature of the agreement clearly offends the people of Guam and which created the Commonwealth. ADVANCING THE CAUSE OF POLIT- which should offend any principled ICAL STATUS RESOLUTION IN American, has generally been used in I will spare no effort to work toward THE TERRITORIES positive ways; ways which promote the a Commonwealth agreement for Guam Mr. UNDERWOOD. Mr. Speaker, in progressive development of the terri- because it is a progressive step. But I the course of dealing with territorial tories. However, there have been occa- recognize that it does not answer a fun- issues and the resolution of political sions when this authority has been damental decision about what Guam status for this country’s colonial areas, used in ways which have been damag- may be in the future. The Common- the use of terms has been instructive. ing to the territories and countless wealth is an intelligent response to At times, the island I represent, Guam, times when Congress has failed to con- what we can be in the present. Guam has been referred to by Members of this sider the unique circumstances of the may be a State, may be an independent body as a ‘‘territory,’’ ‘‘colony,’’ ‘‘pos- area. country, may be a nation in free asso- session,’’ or ‘‘protectorate.’’ In point of In this context, the terms are impor- ciation with the United States. That is fact, Guam is an unincorporated terri- tant. Guam is not a protectorate which a story waiting to be written and we tory of the United States. implies total internal sovereignty with must be mindful of our responsibility The legal implications of this status some tradeoff agreement for protec- to reserve these possibilities for the are important because it helps us un- tion. Guam is not a possession which people of Guam to decide.

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.

H2035 H2036 CONGRESSIONAL RECORD — HOUSE March 12, 1996 What happens to other territories is Mr. Speaker, let me tell the Mem- polluters off the hook. We think that is important to Guam because it may af- bers, the story goes on and on. Let me wrong. fect us in ways that are not readily ap- tell you what the mayor of Columbus f parent. I want Guam to be a Common- said. This is his quote: ‘‘What bothers SUPPORT HIGHER EDUCATION wealth. I want to help advance politi- me is that new rules coming out of cal status discourse on Guam and on Washington are taking money from de- The SPEAKER pro tempore. Under other areas. I have consponsored H.R. cent programs and making me waste the Speaker’s announced policy of May 3024 for the resolution of the Puerto them on less important problems. It 12, 1995, the gentleman from Puerto Rico political status issue. kills you as a city official to see this Rico [Mr. ROMERO-BARCELO´ ] is recog- I appreciate the problems of the ap- kind of money being spent for noth- nized during morning business for 5 proach outlined in this bill, but I hope ing.’’ minutes. to advance the discussion for Puerto Let me tell the Members, Mr. Speak- Mr. ROMERO-BARCELO´ . Mr. Speak- Rico in a way that I wish others would er, what this debate is all about. This er, the proposed 1996 spending package also help to advance the discussion for debate is about command and control for education is unacceptable. Once Guam. And there is in this legislation in Washington, DC. We would think again, the country’s children and a fundamental admission about the ter- there are a lot of Federal EPA officials youth will be made to pay. ritorial policy of this country. That ad- working in the States and trying to Under the current budget, education mission is that the political status improve the environment. Wrong. Let programs have been forced to operate issue is never fully resolved until a ter- me show the figures of what we have at greatly reduced funding levels, to ritory becomes a State or its sov- done. First of all, there are nearly 7,850 the detriment of students in school dis- ereignty is recognized. Federal EPA employees. Of that, there tricts all across the country. This legislation admits that the are 5,924 in Washington, DC, within 50 The appropriation bill provides for United States has colonies which are miles of where I am speaking right additional funds for certain programs awaiting the final resolution of their now. There are almost 6,000, just under but does so only on a contingency status. The final resolution may be 6,000. In fact, a dozen years ago there basis. And what is the contingency? closer for some than for others, but we were not that many in the entire EPA Agreement to cut vital entitlement will all need to cross that bridge in the program. In Atlanta, in a regional of- programs. In the name of balancing the future. In the meantime, we can make fice, one of 10 regional offices, there budget, children are being pitted the path to that bridge more beneficial are 1,287 bureaucrats. against each other. Now, we have seen for all concerned, whether we call that This whole debate is about this bu- everything. path unincorporated territory or Com- reaucracy that we have built up. EPA Once again, college and college- monwealth. was a Republican idea. The department bound students may lose an oppor- f creating an agency of environmental tunity to pursue higher education. protection was a Republican idea in How many talented, intelligent, REVERSE THE PROCESS OF 1972, to set some national standards. young men and women will be deprived SPENDING MORE AND GETTING We should do that. We can do that of the opportunity of a higher edu- LESS without this huge bureaucracy. These cation? The SPEAKER pro tempore. Under folks are not in our States. For exam- Many students who are qualified and the Speaker’s announced policy of May ple, there are only 67 EPA Federal em- prepared to enter college, will simply 12, 1995, the gentleman from Florida ployees in the State of Florida, out of not be able to go. Low- and middle-in- [Mr. MICA] is recognized during morn- this mass of Federal bureaucrats. come families who have worked hard, ing business for 5 minutes. Then the President talked about saved their earnings for many years, Mr. MICA. Mr. Speaker, I want to Superfund. Let me tell you, there is no will find it more difficult—if not im- refer to articles in today’s newspapers, greater example of a failure of a gov- possible—to pursue higher education. not only here in Washington, but also ernment program than Superfund. It It is an uncontroverted fact that across the country, in which the Presi- does not clean up the sites. There are American voters strongly support Fed- dent recently traveled to New Jersey. thousands of sites. They have only eral aid to college students. Americans He has continued his campaign, both to cleaned up a handful. Over 80 percent of believe that by providing financial aid scare the American people and seniors, the money goes for attorney’s fees and for people who want to go to college, and also those concerned about the en- studies. Then what do they do? Does the Federal Government is investing in vironment. the polluter pay? Here is a headline: America’s future. I think it is important that we set ‘‘EPA lets polluters off the hook.’’ Despite, this fact, the latest House the record straight. In fact, the Presi- Right now they let people off the version of the bill would cut $756 mil- dent said, and let me quote, ‘‘The GOP- hook. They do not pay under current lion for Pell Grants, eliminate funding controlled Congress is cutting Federal law. That is what we think needs to be for capital contributions for Perkins safeguards to cater to corporate inter- changed here. So Republicans have a Loans, and eliminate funding for the ests. A small army of very powerful better idea. We think that we are Student Incentive Grant Program, lobbyists literally have descended on spending more and getting less, and we which provides invaluable support to Capitol Hill, as if they own the place.’’ should reverse that process. low-income college students. It makes good campaign rhetoric, but Then, are we cleaning up the riskiest Thousands of students in Puerto Rico it just ‘‘ain’t’’ the truth, Mr. Speaker. sites to human health, safety, and our and all over the country will be af- The fact is that the people who rep- children? The fact is, no. I have here a fected. resent cities and towns and States have GAO study of 1994. It is absolutely ap- While Congress is slashing the edu- descended on this new Congress. Let palling that we are not cleaning up the cation budget here in Washington, else- me quote the New York Times again, sites that pose the most risk to human where legislators are recognizing the the New York Times of March 24, 1994: health, safety, and welfare. This report importance of supporting higher edu- ‘‘In January, 1994, mayors from 114 says, in fact, and let me quote: ‘‘Al- cation, and regretting that they ever cities and 49 States urged the White though one of EPA’s key policy objec- tried to balance their budgets at the House to focus on how environmental tives is to address the worst sites first, expense of higher education. In Vir- policy-making had gone awry.’’ That is relative risk plays little role in the ginia, legislators reached an agreement the true story. ‘‘Mississippi and Ver- agency’s determination of priorities.’’ on the Virginia budget this weekend in mont were among the first to appoint Do Members know what does deter- which higher education will get $400 panels of citizens and scientists to ex- mine their priorities? Political pres- million more over the next 2 years. The amine our environmental policy. In sure. That is what this report says. So numbers in that budget tell that the published reports both State panels a program that was originally, accord- No. 1 priority is education. concluded that the largest sums of ing to this report, going to cost $1.6 bil- In Puerto Rico, as well, the State monies were being spent on the least lion has grown to $75 billion. It is not government is honoring its commit- threatening environmental problems.’’ cleaning up the sites and it is letting ment to education. But Puerto Rico’s March 12, 1996 CONGRESSIONAL RECORD — HOUSE H2037 goals for education cannot be accom- iors felt that tax increase, and a lot of THE CONTINUING RESOLUTION plished without Federal assistance in the rest of us have felt the effects of MUST INCLUDE FUNDING FOR student loans. that tax increase, but a lot of Clinton’s THE DISTRICT OF COLUMBIA rich pals, President Clinton’s rich pals, I urge my colleagues in Congress to The SPEAKER pro tempore. Under consider carefully the legislation be- did not feel that. How many of us remember that some the Speaker’s announced policy of May fore them and to consider the severe 12, 1995, the gentlewoman from the Dis- impact education cuts will have on of the top contributors to President trict of Columbia [Ms. NORTON] is rec- working families and their ability to Clinton’s campaign were tipped off by someone, no one knows who, that the ognized during morning business for 5 access higher education for themselves minutes. and their children. tax increases that he would propose as Ms. NORTON. Mr. Speaker, if the Funding to vital education programs President would be made retroactive? comic Letterman were to name the 10 must be restored. Mr. Speaker, the A few super rich contributors, like Mr. most unlikely events this year, 1 of only contingency we should be talking Eisner, who owns Disney Corporation, them might be that the Presidential about when it comes to education, is managed to basically do his selling and primary in any part of the United that if we provide our schoolchildren make his profits between the time States would be canceled for lack of with the tools they need and deserve, President Clinton was elected and the funds. I am here to tell you that this and support higher education, Ameri- time he was inaugurated. Apparently morning’s Post tells us that, and I am cans will win. somebody had tipped him off that those tax increases would be retroactive. He quoting, ‘‘Cuts may mean no presi- f saved himself a cool $100 million, but dential primary in D.C.’’ The lack, Mr. PRESCRIPTION FOR A PROS- the average American today is paying Speaker, is for money in the form of a PEROUS ECONOMY: LOWER THE higher and higher taxes. payment due the District of Columbia, TAX RATE, AND ELIMINATE We understand that the American which the Congress is holding up, in CLINTON ELITISTS people today, as compared to 1992, the the amount of $250 million or more. As The SPEAKER pro tempore. Under average American family actually is a result, the District faces the possibil- the Speaker’s announced policy of May earning in take-home pay, take-home ity of a payless payday at the end of pay, over $700 less than they did in 1992. 12, 1995, the gentleman from California this month, and the end of its primary No, Mr. and Mrs. America, you are not [Mr. ROHRABACHER] is recognized dur- for May 7. experiencing some kind of delusion. I ing morning business for 5 minutes. As Members may know, this money Mr. ROHRABACHER. Mr. Speaker, know you have gone to the movie and is being held up not because of matters you have seen ‘‘The American Presi- how many of us remember what was germane to the District of Columbia, dent,’’ this multimillion dollar movie going on 4 years ago? Four years ago but because of a national fight over that Hollywood made to glorify the the American people were told that we whether or not vouchers should be presidency. You have heard the news were in the worst recession in 50 years. funded for private and religious media telling you over and over and Remember that? The worst recession in schools. I am here to say this morning, over again that things are getting bet- 50 years. The news media did not chal- Mr. Speaker, that if you want to de- ter. But no, you are not suffering some lenge that claim by candidate Clinton, bate vouchers, an important national delusion in thinking that something is but soon after the election, we found issue, do it on your own time and on wrong, that something has gone wrong out all the new statistics, economic your own bill; do not take the Capitol with your standard of living and that statistics, that were coming out were of the United States down with you. you are not living as well. This body is fiddling while D.C. resi- exactly the opposite. We were not in When the Government takes more dents are burning. The body shut down the worst recession in 50 years. In fact, money from the people in the form of the District of Columbia on one occa- the economy was heading up in the last taxation, it puts a clamp on economic sion. Now you want to cancel democ- half of that year, of that last election growth and it takes decision making racy in the Capital of the United year of 1992. away from them, and freedom away States by not bringing forward the We are now being told, 4 years later, from them, and prosperity away from payment due the District in lieu of that things are great. The stock mar- the people. We cannot create some- taxes? How low can we go? What will it ket is booming. Inflation remains low. thing out of nothing. Many liberals be- take to wake us up? Things are not that great, Mr. Speaker, lieve over the years that if the Govern- The American people know that. They ment does something, if the Govern- Mr. Speaker, I hasten to add that can sense that, no matter how many ment pays money or if the Government though I am on the ballot in this pri- times the news media is trying to tell taxes them, this is coming out of thin mary, I do not mind if this primary is them otherwise. air. The fact is Government revenue, shuttled over, if my own primary is put The growth rate actually went down Federal revenue, unless it results from over to another date, because I am un- dramatically from the time President higher productivity of the American opposed, so I do not have anything per- Clinton was inaugurated until this worker, unless it results from actually sonally to lose, although I must tell year. Now we are told things are really more investments, unless it results not the Members that there are minor offi- picking up. Things are not picking up. from higher tax rates, but from more cials that are on this ballot that do There is an illusion that things are get- productivity and more production of have something to lose. Of course, the ting better, but the American people wealth in our society, means that the President is not opposed in his own know better. The first item on Presi- American people are worse off. Today party, either. But would not the shame dent Clinton’s agenda when he was in- every American family faces the choice of the country be to have a headline, augurated was passing the largest tax of either having a lower standard of and we know it would be one, to the ef- increase in American history. Can- living or having two people in the fam- fect ‘‘Election in Nation’s Capitol Can- didate Clinton had promised a middle- ily work. celed Because Congress Holds Up the class tax cut. Today, 3 years later, the What we have found far too often is Appropriation?’’ Come, now. American people understand something that when we examine the statistics, The Washington Post this morning is wrong. Something is wrong. They what is happening is that one member tells us that this is happening for good are paying more, but they cannot put of the American family is working full and sufficient reasons, lack of funds. their finger on it. time, and the only thing that happens ‘‘Although he has accelerated layoffs, That is because every time they go to is that that person’s money is paying canceled the planned purchase of new the gas pump they are paying 5 cents their Federal taxes. If we are to be a polling places, eliminated mailings to more than they would otherwise. That free society, if our people are to be voters, and reduced the temporary staff is because many of our seniors, who are prosperous and to live as they are sup- hired to run elections, Fremaux * * *,’’ the hardest hit by the Clinton tax cut, posed to, we must lower the tax rate that is the head of the election board, know that they are paying more money and we must eliminate the Clinton ‘‘ * * * said he is still far short. The on their Social Security, more taxes on elitists that would like to take more only place to turn,’’ his letter said, ‘‘is their Social Security benefits. Our sen- and more money out of our pockets. the elections themselves.’’ H2038 CONGRESSIONAL RECORD — HOUSE March 12, 1996 This is an agency known as one of United States, President Clinton, who Essentially what we are seeing here the most efficient in the District of Co- said that if this bill comes to his desk is the same old Republican leadership lumbia. They have already made siz- he will sign it. games. There is bipartisan support for able cuts. They are going down to The Roukema bill essentially would the Kennedy-Kassebaum Senate bill. $369,000 in cuts. They have made ensure that Americans will no longer One hundred and thirty respected busi- $239,000 very rapidly. But the rest re- have their health coverage denied or ness groups, insurance groups, and quires, obviously, local legislation and limited because of so-called preexisting health care providers have endorsed it. the following of personnel rules. conditions The bill also helps people The House version, sponsored by the We are today, at 2:15, to have the keep their health coverage if they get gentlewoman from New Jersey [Mrs. fourth cloture vote on the D.C. appro- sick, lose their jobs, or change jobs. ROUKEMA], a Republican, has biparti- priation in the Senate of the United This is a bill that could pass the House san support and will reduce the number States, the fourth. Each time there has of Representatives if the Republican of uninsured by millions. It is a posi- been a cloture vote on whether to pass leadership in this House would only let tive step that will help working fami- our appropriation, it has gotten fewer it come to the floor. lies by increasing portability and votes than it got the last time. Some- In fact, it is now my understanding eliminate preexisting conditions. body is playing games, here. But the that the House Republican leadership, If the Republican leadership truly folks who are suffering are not rep- under Speaker GINGRICH, is taking a wanted health care reform, they should resented by anybody in this body ex- different tack and plans on introducing consider using the Roukema legislation cept me, so I have to come before this health care legislation that includes as the vehicle for it. It is irresponsible body to say that the CR that is due out controversial provisions to pander to to try to please all the special interests Friday simply must contain the Dis- various special interest groups. In when Congress can be working together trict of Columbia, or you will have to other words, instead of letting the Rou- to reduce the number of uninsured suffer the consequences. You will have kema or Kennedy-Kassebaum bill come Americans. to suffer the embarrassment. My con- to the floor with everybody’s support What I am simply saying, Mr. Speak- stituents and I have already suffered and have it signed by the President, er, is this: We know that the Roukema the pain. they are now going to bring in another bill can pass and address the issue of Congress is fond of saying that it is bill loaded with all kinds of special in- preexisting conditions and portability. acting in the District with less democ- terests, special interest provisions; for Let us bring it to the Committee on racy than other jurisdictions because example, increasing tax-free medical Commerce, let us bring it to the floor. ‘‘It is the Capital of the United States, savings accounts, limiting malpractice Let us not load it up with all these and it is our responsibility.’’ When is awards, a number of things that are other things that will make it impos- the Congress going to perform like it very controversial and that would pre- sible for it to pass. I think it is incum- recognized that it has a responsibility? vent any kind of health insurance re- bent upon the Republican leadership to The residents I represent are second form from passing this House and being allow this bill to come out and be con- per capita in taxes paid to the Federal signed into law. sidered in a simple form, rather than Treasury, and yet have no voting rep- I just wanted to mention one of the this new grab-bag package that they resentation in this body, and no rep- provisions that GINGRICH and the Re- are now proposing to introduce and resentation whatsoever in the Senate. publicans have talked about, and this bring before various congressional Put yourself in their position, when is the Medical Savings Accounts, or committees. the money being held up is their MSA’s. The Speaker tried to include f money, not this body’s money, money MSA’s when they are trying to cut owed them for taxes. Medicare last year, and now they are RECESS If this is everybody’s city, which is trying to insert this untested idea into The SPEAKER pro tempore. There why the Congress says it exercises ju- the health care reform bill, which being no further requests for morning risdiction over it, then it is time for would provide a financial windfall for business, pursuant to clause 12, rule I, the Congress of the United States to the Golden Rule Insurance Company, the House will stand in recess until 2 act like it. whose top executive has given Repub- p.m. f lican political committees excessive Accordingly (at 1 o’clock and 1 contributions in the past few years. URGING SUPPORT FOR THE ROU- minute p.m.), the House stood up in re- During the Medicare debate it was cess until 2 p.m. KEMA HEALTH CARE REFORM found that the MSA would cost Medic- f LEGISLATION aid an additional $3 billion. How can The SPEAKER pro tempore. Under the Republican leadership believe they b 1400 the Speaker’s announced policy of May can try to pass this in health care re- AFTER RECESS 12, 1995, the gentleman from New Jer- form? It is not a reform; it is actually sey [Mr. PALLONE] is recognized during catering to special interests. In the end The recess having expired, the House morning business for 5 minutes. it means health care costs will increase was called to order by the Speaker at 2 Mr. PALLONE. Mr. Speaker, last for the average working family. p.m. week over 150 Democrats signed a let- Serious health care reform was at- f ter of support for positive health care tempted 3 years ago and failed because reform legislation sponsored by the Re- Congress tried to overhaul the whole PRAYER publican congresswoman, the gentle- system with one piece of legislation. I The Chaplain, Rev. James David woman from New Jersey, MARGE ROU- would maintain that the lesson from Ford, D.D., offered the following pray- KEMA. Her bill is similar to the Ken- that experience is Congress needs to er: nedy-Kassebaum legislation that has take a step-by-step approach to de- As the Sun rises to greet each day been introduced in the Senate, and has crease the number of uninsured Ameri- and gives light and warmth to every gained wide bipartisan support. In fact, cans. I think that is what we would ac- person, so may Your word of grace, O Senator KASSEBAUM already has a com- complish in a small, modest way with God, greet us each morning and guide mitment to bring up her bill in mid- the Roukema bill. us on our daily walk. We recognize that April, and a number of health care or- Again, however, the Republican lead- when we look only to ourselves and our ganizations, providers, including the ership does not really want health care own vision, we often falter and faint American Medical Association, have reform. If they did, then they would and we can lose our bearing and drift signed on and said that this is a good not be loading up a bill that benefits with the winds of time and the tides of bill. the special interests over the unin- the moment. Speak to us, O God, in the Essentially that we have now is bi- sured. If they wanted health care re- depths of our hearts, nurture our souls, partisan support, both Democrats and form, why did they bring up this illus- enlighten our minds, and encourage us Republicans, both House and Senate trious Contract With America last to use our hands in the works of justice Members, and the President of the year? and of peace. Amen. March 12, 1996 CONGRESSIONAL RECORD — HOUSE H2039 THE JOURNAL minute and to revise and extend her re- hear that the White House has re- The SPEAKER. The Chair has exam- marks.) quested an additional $8 billion for cor- ined the Journal of the last day’s pro- Mrs. KELLY. Mr. Speaker, I’d like to porate welfare and social engineering ceedings and announces to the House share a few names with you and hope- programs. his approval thereof. fully our President: Adam Kopald, This is basically a Clinton reelection Pursuant to clause 1, rule I, the Jour- Bridgit Mennite, Liesl Himmelberger, pork package. What really rattles me nal stands approved. Amy Ziegler, Emily Nytko, and Kellie about this request is that the Clinton f Ernzen. administration wants $10 million more These are just a few of the names for the National Endowment for the PLEDGE OF ALLEGIANCE that our President is planning to veto Arts. This is outrageous. The SPEAKER. Will the gentle- this Friday. Mr. Speaker, the American people woman from New York [Mrs. KELLY] Those six young men and women are are tired of seeing their hard-earned come forward and lead the House in the the top honor students at James tax dollars wasted on projects that go Pledge of Allegiance. O’Neill High School in Highland Falls, out of their way to offend traditional Mrs. KELLY led the Pledge of Alle- NY. values. It is outrageous that Bill Clin- giance as follows: Their school district vitally depends ton would ask for an additional $10 mil- I pledge allegiance to the Flag of the on the Impact Aid Program. Last week lion for this program in order to please United States of America, and to the this House stood up for these children the extreme liberal wing of the Demo- Republic for which it stands, one nation under God, indivisible, with liberty and jus- and their school district by funding cratic Party. tice for all. this program—despite the White f f House’s attempts to zero it out. If the President vetoes our measure, CONGRESS SELLS OUT TO ANNOUNCEMENT OF AMENDMENT which adds an additional $3.3 billion for SPECIAL INTERESTS PROCESS FOR H.R. 2202, IMMI- education and environmental pro- (Ms. DELAURO asked and was given GRATION IN THE NATIONAL IN- grams, he vetoes the education of those permission to address the House for 1 TEREST ACT six students. It’s that simple. minute and to revise and extend her re- (Mr. GOSS asked and was given per- The President can talk all he wants marks.) mission to address the House for 1 about children, but the fact will re- Ms. DELAURO. Mr. Speaker, my Re- minute.) main that he abandoned them—not publican colleagues continue to con- Mr. GOSS. Mr. Speaker, last Friday, this House. fuse the onset of spring with the con- March 8, the chairman of the Rules Mr. Speaker, my mother used to tell tinuation of Halloween. They continue Committee, the gentleman from New me that actions speak louder than to masquerade as the friend of working York [Mr. SOLOMON], sent out a ‘‘Dear words. So, I urge the President to hear Americans but are still the defenders of Colleague’’ letter to all Members of the the please of these children, and help the special interests. House, committee offices, and leader- us save the Impact Aid Program. They unveiled their new health care ship offices providing notice of the f reform plan. They are loading down a amendment process to be used on H.R. bipartisan straightforward health care 2202, the Immigration in the National TRIO OF TRADE EXPERTS REC- reform bill with lots of special interest Interest Act. OMMEND CONTINUATION OF MFN goodies. This announcement is intended to STATUS FOR CHINA Who benefits from these provisions? serve as a reminder of that process. (Mr. TRAFICANT asked and was Is it the working families struggling to The Rules Committee is planning to given permission to address the House pay health care bills? No, that is not meet Thursday, March 14, at 10:30 a.m. for 1 minute and to revise and extend who. Their proposal would provide a fi- to grant a rule on the immigration bill. his remarks.) nancial windfall for the Golden Rule This rule may include a provision lim- Mr. TRAFICANT. Mr. Speaker, China Insurance Co., providers of over $1 mil- iting amendments to those specified in denies American products. China steals lion in contributions to Republican po- the rule. American videos and software. China litical action committees. Any Member who desires to offer an tortures their own citizens, China im- This attempt to appease special in- amendment should submit 55 copies prisons their political opponents. China terests is particularly disappointing and a brief explanation of the amend- has slave labor camps. China has a 17- because it wastes an opportunity to ment by noon on Wednesday, March 13, cent-an-hour labor wage. China still pass real bipartisan health care reform to the Rules Committee at room H–312 has slave labor camps. China sells nu- in this Congress. Sadly, when the gavel in the Capitol. clear technology and missiles to Amer- drops to open debate on this legisla- Amendments to the portions of the ica’s enemies, and China is now threat- tion, it will mark the start of yet an- bill in the jurisdiction of the Judiciary ening to nuke Taiwan. After all this, other auction where this Congress sells Committee should be drafted to the American government trade experts out the public interest to the special text of H.R. 2202 as reported by the Ju- say it is in the best interests of Amer- interests. diciary Committee. Amendments to the portion of the ica to continue most-favored-nation f trade status for China. bill in the Agriculture Committee ju- THE BUSINESS OF GOVERNING risdiction, the guest worker program, Unbelievable, Mr. Speaker, I say it (Mr. HAYWORTH asked and was should be drafted to the text of the Ag- has finally dawned on me. These Amer- given permission to address the House riculture Committee reported amend- ican trade experts are actually Larry, for 1 minute and to revise and extend ment. Moe, and Curly, an they inhaled all the Both of these texts are in the Office time. his remarks.) of the Legislative Counsel. Beam me up, Mr. Speaker. I yield Mr. HAYWORTH. Mr. Speaker, the Members should use the Office of back the balance of any jobs left over. gentlewoman from New York State Legislative Counsel to ensure that f said it all when she quoted her mother: their amendments are properly drafted Actions speak louder than words. WHITE HOUSE REQUESTS Now unfortunately as the calendar and should check with the Office of the ADDITIONAL $8 BILLION Parliamentarian to be certain their gives way to spring and ultimately to amendments comply with the rules of (Mr. JONES asked and was given per- November, our campaigner in chief the House. mission to address the House for 1 seems to be willing yet again to shut f minute.) down the Federal Government in a Mr. JONES. Mr. Speaker, wages are bald-faced political tactic. Mr. Speak- ACTIONS SPEAK LOUDER THAN down and taxes are up. The middle er, he is trying to bully this Chamber WORDS class is slowly being squeezed by lib- into spending $8 billion in additional (Mrs. KELLY asked and was given eral economic policies put in place by taxpayers’ dollars in a cynical attempt permission to address the House for 1 the Clinton administration. Now we to be reelected. H2040 CONGRESSIONAL RECORD — HOUSE March 12, 1996 Mr. Speaker, the American people the luxury of worldwide travel at the Mr. MARKEY. Mr. Speaker, already know full well that actions speak loud- expense of the American taxpayers as twice the Government has been shut er than words. Once again I reach out, well as her own employees. down, once in the fall, once in Decem- Mr. Speaker, to our friends on the Inexcusable, Mr. Speaker. Inexcus- ber, and now we are skidding up to- other side, ask them to join together able. wards a third point where the Govern- and to help us govern, not to election- f ment could be shut down yet again. The conditions that the Republicans eer, not to have politics as usual but to THIRD GOVERNMENT SHUTDOWN are imposing, we must cut the EPA by get about the business of governing IN OFFING this great Nation. 20 percent, we must cut the Depart- f (Mr. LINDER asked and was given ment of interior by 10 percent, we must permission to address the House for 1 gut environmental laws or else they REDUCED FUNDING FOR EDU- minute and to revise and extend his re- will not allow the Government to oper- CATION TO HAVE SEVERE IM- marks.) ate. PACT Mr. LINDER. Mr. Speaker, this GOP used to stand for Grand Old (Mr. PALLONE asked and was given morning’s Washington Post had an ar- Party. Now GOP stands for gang of pol- permission to address the House for 1 ticle quoting the Senate minority lead- luters who will shut down the Govern- minute.) er as saying that we are 5 days from a ment unless we gut environmental laws Mr. PALLONE. Mr. Speaker, I just third Government shutdown and the in this country. They say the defini- want to point out again that the cuts situation is every bit as precarious as tion of insanity is someone that keeps in education that are happening right it was several months ago. doing the same thing over and over now because of the reduced funding lev- What it did not go on to say was why again expecting a different result. we are close to a Government shut- els in these continuing resolutions that b 1415 the Republican leadership continues to down: Because the President wants to put forward in this House are having a spend more money on his favorite The Republicans think they can shut severe impact on education in second- projects. He wanted $8 billion. The down the Federal Government for a ary schools, primary schools, as well as House passed a bill providing $3.3 bil- third time and that the people of this higher education around the country. lion, but that did not include the $7 country will not be upset. They will be. We are talking, in this continuing reso- million more to foreign countries to This time they are going to say, lution that passed last week, if it were teach students to measure rainfall; $10 ‘‘Three strikes and you’re out.’’ to continue for the rest of this year, million more for the controversial art f projects funded by the National Endow- about a $3 billion cut in education pro- COMPTROLLER OF THE CURRENCY ment for the Arts. grams. OVERSTEPPING HIS AUTHORITY What that means is higher property There may be another Government shutdown, Mr. Speaker, but it will be AND CIRCUMVENTING STATE taxes in those school districts which LAWS decide to continue those programs, or entirely on the President’s shoulders because he cannot get rid of his appe- (Mr. WATTS of Oklahoma asked and simply the elimination of valuable edu- was given permission to address the cational programs that students take tite for more spending projects. f House for 1 minute and to revise and advantage of. Already I am hearing extend his remarks.) from my school boards and from edu- COMPETING VIEWS ON Mr. WATTS of Oklahoma. Mr. Speak- cators in my district in New Jersey GOVERNMENT er, I rise today to bring to your atten- who are saying that if the level of cuts (Mr. HEFLEY asked and was given tion the unlawful actions of an continue the rest of this year as they permission to address the House for 1 unelected official—an official who has have since the beginning of October, minute.) taken it upon himself to dictate the the beginning of this fiscal year, the Mr. HEFLEY. Mr. Speaker, this com- laws governing the Nation’s financial consequences are dire for education ing November the American people will institutions, and proceeding so with no programs on every level. it is sad be- have a choice between two competing regard to State law or States’ rights. cause, once again, I feel that education views of Government. One view holds The Comptroller of the Currency, is should be a priority of this Congress that Government must be restrained overstepping his authority and cir- and should not be cut back. and that we must be fiscally respon- cumventing State laws. f sible. This overstepping of authority has TRAVELS OF THE ENERGY The other view holds a kind of uto- become abundantly clear in my State SECRETARY pian vision of Government. This uto- of Oklahoma where the OCC has ap- pian view holds that Washington proved a national bank branch in a lo- (Mr. COBLE asked and was given per- spending and Washington taxes and cation that would be illegal under mission to address the House for 1 Washington regulations are the key to Oklahoma State law. minute and to revise and extend his re- a successful America. Laws governing intrastate branching marks.) For instance President Clinton has have always been an authority granted Mr. COBLE. Mr. Speaker, Secretary requested that Congress appropriate $8 exclusively to the States. The OCC O’Leary continues to call the shots at billion more in social spending and cor- must not be allowed to pick and choose the Energy Department. Oh, no, she porate welfare. The President who gave which State laws national banks have can’t be fired despite the flagrant us the largest tax increase in American to comply with. abuse of her privilege, not right, but history now wants $8 billion for essen- They have become a rogue Federal privilege of travel. tially a reelection pork package. agency and Congress must exercise its The taxpayers, in my opinion, have Mr. Speaker, the American people oversight authority. If we are to have a been ripped off because of her excessive are tired of the lavishness of the Clin- vibrant and healthy State banking sys- travel. Ms. O’Leary flies first class or ton administration. They are sick and tem, we need to preserve State law. she charters her own private plane and tired of seeing their tax dollars going I thank my colleague, Chairman is accompanied by her ubiquitous en- to fund liberal programs with these LEACH of the House Banking Commit- tourage. dollars. We must reject this request tee, for his recent comments on this The time has come for President and put a stop to the arrogant tax-and- issue. I appreciate his leadership and Clinton to show this woman the gate spend policies of the Clinton adminis- support for a dynamic and healthy dual that leads to the road out of town. tration. banking system. Even then she will likely demand a f It is time that Congress take action first-class ticket or a private charter to reign the Comptroller of the Cur- and her entourage of 5 to 25 aides to THREE STRIKES AND GOP IS OUT rency and my hope that the banking preclude any heavy lifting on her part. (Mr. MARKEY asked and was given Committee will hold hearings on the Oh, no, she’s special, she can’t be permission to address the House for 1 OCC’s recent disregard for States fired. Yet she will continue to enjoy minute.) rights and the dual banking system. March 12, 1996 CONGRESSIONAL RECORD — HOUSE H2041 CORRECTIONS CALENDAR formation on all their employees, not lican leadership which has passed no The SPEAKER pro tempore (Mr. just those subject to the secondary legislation. That is a data bank, and I CAMP). This is the day for the call of payer provisions. Health and Human am sure that it is one that the Repub- the Corrections Calendar. Services also said this was to begin in licans would like to repeal at some The Clerk will call the bill on the 1994. point so they do not have to run on the Corrections Calendar. Many employers voiced strong oppo- data bank that they have established f sition to this cumbersome require- in this Congress. ment, in large part because employers There are lots of data banks that per- REPEAL MEDICARE AND MEDICAID were required to report information haps are needed, and I hope that none COVERAGE DATA BANK which they did not routinely collect, of my colleagues will feel that doing The Clerk called the bill (H.R. 2685) and what started out as a good idea be- away with this data bank, we should to repeal the Medicare and Medicaid came, in part, a hunt for information forego all data banks in the future. coverage data bank. which was not then currently asked for Somebody a while ago mentioned The Clerk read the bill, as follows: or even needed in the system. nails in a coffin. Now, I would like to H.R. 2685 In response to these objections, a fis- have a data bank on how many coffins Be it enacted by the Senate and House of Rep- cal year 1995 Labor, Health and Human will be nailed shut by the Republican resentatives of the United States of America in Services appropriations bill directed Medicare plan, how many poor people Congress assembled, that no funds be used for the imple- would be denied. SECTION 1. REPEAL OF MEDICARE AND MEDIC- mentation of the bank. In addition, the PARLIAMENTARY INQUIRY AID COVERAGE DATA BANK. General Accounting Office issued a re- Mr. THOMAS. Mr. Speaker, par- (a) IN GENERAL.—Section 1144 of the Social port in May 1994 which found that the liamentary inquiry. Security Act (42 U.S.C. 1320b–14), as added by data bank would create burdensome The SPEAKER pro tempore. Does the section 13581(a) of the Omnibus Budget Rec- and unnecessary paperwork for both gentleman from California yield for a onciliation Act of 1993 (in this section re- the Health Care Financing Administra- ferred to as ‘‘OBRA–93’’), is repealed. parliamentary inquiry? (b) CONFORMING AMENDMENTS.— tion and employers and would achieve Mr. STARK. Certainly. (1) MEDICARE.—Section 1862(b)(5) of such little or no savings. As the witness Mr. THOMAS. I fully understand the Act (42 U.S.C. 1395y(b)(5)), as amended by from the GAO testified on February 23, intent and purpose of the gentleman section 13581(b)(1) of OBRA–93, is amended— 1995, ‘‘The proposed data bank would from California, and all of us, I think (A) in subparagraph (B), by striking the create an avalanche of unnecessary pa- agree that we come here not to praise dash and all that follows through the end perwork for both HCFA and employers data banks but to bury this particular and inserting ‘‘subparagraph (A) for purposes and will likely achieve little or no sav- one, and I know he must, because of of carrying out this subsection.’’, and (B) in subparagraph (C)(i), by striking ings while costing millions.’’ the rules of the House, walk a very fine ‘‘subparagraph (B)(i)’’ and inserting ‘‘sub- It is also believed that the data bank line in talking about the subject mat- paragraph (B)’’. would cost the private sector as well as ter in front of us. I would urge him (2) MEDICAID.—Section 1902(a)(25)(A)(i) of Government that money, that burden that I would not want to continually such Act (42 U.S.C. 1396a(a)(25)(A)(i)), as not being solely on one group or the ask this parliamentary inquiry. amended by section 13581(b)(2) of OBRA–93, is other. But were the gentleman’s statements amended by striking ‘‘including the use of’’ H.R. 2685 puts an entirely appropriate referring to any data bank, including and all that follows through ‘‘any additional final nail in the coffin by repealing the data banks collecting information measures’’. underlying data bank law. The data about the record of this Congress, ger- (3) DATA MATCHES.—Section 552a(a)(8)(B) of title 5, United States Code, as amended by bank notwithstanding, the idea of mane to the subject matter in front of section 13581(c) of OBRA–93, is amended— making sure that the Government paid us? (A) by adding ‘‘or’’ at the end of clause (v), only its fair share was a misplaced idea The SPEAKER pro tempore. The gen- (B) by striking ‘‘or’’ at the end of clause from the start. tleman must maintain a nexus between (vi), and I am pleased to be able to help send the subject being debated and the bill. (C) by striking clause (vii). it to its final resting place here today. Mr. THOMAS. My parliamentary in- The SPEAKER pro tempore. Pursu- This is a relatively straightforward quiry is: Is mentioning the word ‘‘data ant to the rule, the gentleman from bill. It has very narrow scope of subject bank’’ and then talking about what California [Mr. THOMAS] and the gen- matter. There is, I believe, universal you want to put in any data bank you tleman from California [Mr. STARK] support for the repeal of this Medicare- so conceive, is that an appropriate and will each be recognized for 30 minutes. Medicaid coverage data bank law, and I parliamentary nexus? The Chair recognizes the gentleman urge its swift adoption. The SPEAKER pro tempore. At this from California [Mr. THOMAS]. Mr. Speaker, I reserve the balance of point the Chair will simply remind the Mr. THOMAS. Mr. Speaker, I yield my time. Members that discussions should re- myself such time as I may consume. Mr. STARK. Mr. Speaker, I yield my- main relevant to the bill under consid- Mr. Speaker, I rise today in support self such time as I may consume. eration. of H.R. 2685, a bill I introduced to re- I, too, support this legislation. It is a Mr. THOMAS. I thank the Speaker, I peal the so-called Medicare and Medic- provision of 1993 which the House re- thank the gentleman for yielding. aid coverage data bank. This particular luctantly accepted in conference as Mr. STARK. My pleasure. I will try bill was favorably reported by the Com- part of a package from the other body, and keep my nexus in focus. I am not mittee on Ways and Means last Novem- and at the time, then-chairman of the sure I know what a nexus means, ei- ber by a unanimous voice vote. Committee on Ways and Means pre- ther. But I will do my best. Mr. Speaker, this bill is particularly dicted we would be back repealing it at Mr. THOMAS. Mr. Speaker, will the well suited to be considered here under some later point, and it is appropriate gentleman yield? the corrections procedure as we are that we are doing so today. Mr. STARK. I yield to the gentleman doing today. Under the Medicare sec- In addition, the administration has from California. ondary payer program a person’s em- been unable to implement the law, and Mr. THOMAS. Perhaps we could have ployer based insurance may be the pri- the administration also supports the a data bank collecting nexus. Then we mary payer in certain cases. In other repeal as a necessary correction. could examine them. cases, it may not be. It is interesting that we are here Mr. STARK. I thank the gentleman The 1993 budget reconciliation bill today to talk about data banks, be- for his suggestion. In all seriousness, created a data bank to identify Medi- cause the data bank is, Mr. Speaker, a the collection of health data has been care secondary payer cases. In prin- record, just so that my colleagues un- an important facet in the Medicare ciple, this was, I guess, at the time a derstand; this is very arcane computer Program, which has been the perhaps good idea. However, its implementa- talk, and this gentleman from Califor- leading social legislation since 1965, tion was misguided and heavy-handed. nia is no expert, but I understand that when Lyndon Johnson and a Demo- Under the 1993 law, employers were a data bank is a record, a record not cratic Congress and Senate enacted required to submit health insurance in- unlike this Congress under the Repub- Medicare. And we have kept much in H2042 CONGRESSIONAL RECORD — HOUSE March 12, 1996 the way of health data. We have talked Mr. PALLONE. Could I ask on that The SPEAKER pro tempore. The gen- about outcomes research, which is a point if the gentleman from California tleman will state his point of order. data bank which will not, I believe, he [Mr. STARK] could yield to me? Mr. THOMAS. Mr. Speaker, is the repealed in this bill. That is good. The SPEAKER pro tempore. The question propounded by the gentleman But we do need a data bank to see, as Chair is prepared to respond. from Texas germane to this legislation I mentioned, nails in coffins, we passed The Chair is prepared to give the gen- and therefore a question that should be nursing home legislation some years tleman from California the opportunity answered? back. We have records of data banks, if to establish that connection between Mr. DOGGETT. Mr. Speaker, I would you will, of the number of—— data banks covered by the bill and like to be heard on the point of order. PARLIAMENTARY INQUIRY nursing homes. The SPEAKER pro tempore. The gen- Mr. THOMAS. The parliamentary in- Mr. THOMAS. Parliamentary in- tleman will be heard. quiry was to the legislation in front of Mr. DOGGETT. Mr. Speaker, surely quiry, Mr. Speaker. us, not to data banks in general and The SPEAKER pro tempore. Does the it is permissible in the course of one of nursing homes, but to the Medicare- these debates, and I can understand the gentleman yield for an inquiry? Medicaid data bank and nursing homes. Mr. STARK. I will be happy to yield. gentleman’s desire not to get into this The SPEAKER pro tempore. The The SPEAKER pro tempore. The gen- destruction to the health care of our Chair is willing to allow the gentleman tleman will state his parliamentary in- seniors across the country by raising the opportunity to establish that con- quiry. this issue, but surely it is appropriate nection. under the rules of the House to make Mr. THOMAS. The gentleman has The Chair recognizes the gentleman now moved from a data bank to an inquiry of someone who is opposed from California [Mr. STARK]. records, and I believe the statement to this legislation as to what the legis- Mr. STARK. Mr. Speaker, will the lation affects. That is all I have asked, will show that he is now talking about Chair tell me how much time I have records in the context of a data bank, is whether or not the seniors in Amer- consumed in establishing my nexus? ica are going to be affected by chang- if you will. The SPEAKER pro tempore. The gen- ing this data bank to seniors who Does moving from a data bank, the tleman has consumed 81⁄2 minutes. would lose out if there are no standards specific subject matter of this bill, to Mr. STARK. I thank the Chair. records which are akin to a data bank The important issue is that if we to protect them in nursing homes. suffice for the Speaker to continue to were to even consider doing away with Mr. THOMAS. Mr. Speaker, may I be allow for this direction? Is that a suffi- the data bank, we could not have the heard on the point of order? The SPEAKER pro tempore. The gen- cient nexus, in the Chair’s opinion? records to support the fact that we tleman from California. The SPEAKER pro tempore. The ought not to do away with nursing Mr. THOMAS. The gentleman from Chair is of the opinion that the gen- home regulations as the Republican Texas is at a disadvantage. He arrived tleman has maintained a sufficient Medicare bill would suggest. on the floor not hearing the gentleman nexus or connection. b 1430 from California’s opening statement, in Mr. THOMAS. He is doing a good job. which the said he was not opposed to Mr. STARK. I thank the gentleman. Mr. STARK. Now, there are other this legislation. There is no opposition It is this data bank or collection of data banks. We keep data banks on the to this legislation. records that will tell us how well we income of seniors who qualify under In addition, Mr. Speaker, I would be have done with regulating nursing QMB. That is a poor senior with low in- more than willing to engage in a dis- homes and the data bank will illustrate come. cussion of the shortfall of the Medicare for us the number of lives that have POINT OF ORDER fund, which was not adequately re- been saved, the number of senior citi- Mr. THOMAS. Mr. Speaker, I rise to ported by this administration in any zens that are no longer medicated into a point of order. form that allows us to understand it. being zombies, the number of senior The SPEAKER pro tempore (Mr. But that is a debate that will take citizens in nursing homes in various CAMP). The gentleman will state his place at another place and another States who are living in unhealthy con- point of order. Mr. THOMAS. QMB’s, who are quali- time. ditions, and this data bank will illus- fied Medicare-Medicaid beneficiaries, The purpose of this debate under the trate for us what will happen if we are seniors. We are dealing with legis- rules is to discuss the matter in front were silly enough to pass the Repub- lation that deals with people who are of us, and all this gentleman from Cali- lican Medicare plan. employed by employers to collect data fornia is trying to do is to maintain de- PARLIAMENTARY INQUIRY for purposes of determining primary corum and order in the house and re- Mr. THOMAS. Mr. Speaker, I am con- and secondary payers, and I believe the quest that the Speaker enforce the strained to ask a parliamentary in- gentleman’s statements are not ger- Rules of the House so that we may quiry. mane. have an orderly debate and not tra- The SPEAKER pro tempore. Does the The SPEAKER pro tempore. The gen- verse the countryside in any and all di- gentleman yield for an inquiry? tleman from California [Mr. STARK] rections by any individual who may Mr. STARK. I will be glad to yield must confine his remarks to the sub- have an honest and earnest attempt to one more time. ject of the bill. discuss this issue or may be motivated Mr. THOMAS. This gentleman is at a Mr. DOGGETT. Mr. Speaker, will the by other reasons. complete loss, having read the legisla- gentleman yield? The SPEAKER pro tempore. The gen- tion in front of us, with no reference to Mr. STARK. I yield to the gentleman tleman has made his point of order. nursing homes whatsoever, how a dis- from Texas. The Chair is prepared to rule. cussion of nursing homes and legisla- Mr. DOGGETT. Mr. Speaker, I want- The question is relevant to the ex- tion or desired legislation surrounding ed to inquire whether any of the data tent of coverage of the data bank under nursing homes has any nexus whatso- bank information that would be af- this bill, and the gentleman from Texas ever with the subject matter in front of fected by this legislation would relate may inquire in order. us, and Mr. Speaker, I would like you to complaints of patient abuse in nurs- Mr. THOMAS. Mr. Speaker, continu- to rule on the nexus of a discussion of ing homes, the kind of violation of Fed- ing my point of order, it is for employ- nursing homes and data or records col- eral standards. I am referring to the ees only. The question is about lected around the nexus of nursing standards that the Gingrichites pro- nonemployees. How can it be germane? homes and how that has a relationship pose to just eliminate entirely in their The SPEAKER pro tempore. The to the legislation which we are sup- proposal last year and deny our seniors Chair will ask the gentlemen from posed to be discussing on the floor. any kind of safety in nursing homes. Texas and California to proceed in Mr. PALLONE. Following up on that Would that be affected by this legisla- order. parliamentary inquiry—— tion? Mr. DOGGETT. Mr. Speaker, I appre- The SPEAKER pro tempore. The gen- POINT OF ORDER ciate the opportunity to ask a question tleman is not recognized at this time. Mr. THOMAS. Mr. Speaker, I rise to as to what this legislation does, be- The Chair is prepared to respond. a point of order. cause whether you were here at the March 12, 1996 CONGRESSIONAL RECORD — HOUSE H2043 very beginning of the debate or at the the matter is when you talk about the lion uninsured, you have not heard one very end of the debate, whether the data bank, which I understand for this mention of that out of the Republican gentleman is opposed to or for this leg- specific purpose is linked to how many presidential candidates or certainly islation, it should be proper, as the employees receive private health insur- from that side of the aisle in this Speaker has ruled, for a Member of this ance as opposed to Medicare and what house. They do not care about the un- House to be able to determine whether the impact of that is going to be, we insured in this country. they only care the legislation will have an adverse ef- have the same thing now with the pro- about the rich and the big insurance fect by changing this data bank on the posal by Senator KASSEBAUM and Sen- companies. That is who is getting pro- seniors of America. ator KENNEDY and the gentlewoman tected. Now, does this legislation have any from New Jersey, Mrs. ROUKEMA, where This data bank that we are repealing impact on all this proposed Gingrichite we are trying to get passed on the would not be helpful in following our repeal for standards of health and safe- House floor health care insurance re- democratic precept of assurance that ty in nursing homes across this coun- form that will eliminate preexisting people have a fair chance to purchase try? conditions and that will allow for port- insurance at a fair price. Mr. STARK. Mr. Speaker, reclaiming ability. The Republican leadership, Mr. PALLONE. Mr. Speaker, if the my time, in response to the question of from what I can see, will not allow it gentleman will yield further, that is the gentleman from Texas, this legisla- to come to the floor. the only point that I was trying to tion will have no effect. The Gingrich- The SPEAKER pro tempore. The make, which is, and I think the gen- Thomas legislation will so destroy Chair will again rule that the gen- tleman from California said it well, nursing home regulations that even if tleman from New Jersey’s remarks that we may very well need data banks it did have an effect, it would not make must be confined to the bill at hand. like this in order to ensure that more any difference, because the nursing Mr. STARK. Mr. Speaker, could I in- people are not taken off the rolls or be home regulations would be tossed out quire whether the time for these points able to move from one job to another the window by the Republicans and it of order come out of my time? or denied health insurance because of would be moot as to whether this does. The SPEAKER pro tempore. The preexisting conditions. Chair would state that argument on But the legislation does not. So that whatever happens here today Mr. PALLONE. Mr. Speaker, will the points of order do not. under the corrections day calendar will gentleman yield? Mr. PALLONE. Mr. Speaker, if the not somehow get out into the general Mr. STARK. I yield to the gentleman gentleman will yield further, if I can public as something that we will not from New Jersey. just ask the gentleman from Califor- need for other purposes, because we are Mr. PALLONE. Mr. Speaker, I just nia, the way I understand this data determined as Democrats that we want wanted to make the point, I under- bank, it was set up to gather informa- to bring this Kennedy-Kassebaum bill stand that the gentleman favors this tion about whether or not someone to the floor and eliminate preexisting bill in the sense that he thinks that who was employed privately and had conditions as a reason for health cov- the data bank at this point in this par- private health insurance, how that erage and also allow people to be able ticular case perhaps does not make would relate to Medicare coverage. sense, but my concern is over the Mr. STARK. Mr. Speaker, reclaiming to carry their health insurance with whole issue of data banks. my time, the gentleman is quite cor- them when they lose their job or go In other words, we know that the Re- rect in his presumption. That was the from one job to another. publican leadership proposes to cut initial suggestion or intent created by Mr. DOGGETT. Mr. Speaker, if the back on Medicare, to cut back on Med- the other body in establishing this leg- gentleman will yield further, sharing icaid. Some of the changes they are islation. the concern with the gentleman from now advocating under the guise of Mr. PALLONE. Mr. Speaker, I would New Jersey about those who lack health care insurance reform essen- ask the gentleman, is not that type of health insurance, let me ask the gen- tially are going to make some major information possibly valuable in terms tleman about this particular bill, about changes for our health care system. of this ongoing debate on the Kennedy- this data bank which has been brought For example, when you talk about Kassebaum bill as to whether or not in- to the floor under an unusual proce- Medicaid, the Medicaid proposal that surers are covering people whether or dure never used before by this Con- the Republican leadership has put for- not they have preexisting conditions or gress, that by the very nature of the ward I believe, because it block grants whether or not they could carry their procedure bringing it to the floor, we money to the States, will have a lot of health insurance with them to another are as Members denied an opportunity people simply not eligible for Medicaid job? to amend this bill to address some of and not having any kind of health care Mr. STARK. Mr. Speaker, the gen- these very real problems that relate to anymore. tleman is quite correct, because as the the health care and the lack of access So I am a little concerned that when number of layoffs continue and as the to insurance that affect millions of we talk about eliminating data banks, Republicans continue to do nothing to working families across this country. we may need some of these data banks provide health insurance for the unem- Mr. STARK. Mr. Speaker, reclaiming if some of these Republican proposals ployed or extended COBRA benefits, my time, if I may respond, the gen- go forward, because I would like to which cost no one anything, except the tleman makes a very good point. These know how many people are not going Republicans do not like it because it particular bills are brought to the floor to be eligible for Medicaid anymore, would be a Federal involvement, we do under a euphemism referred to as ‘‘cor- how many medigap recipients will not not have the data. rection day.’’ Now, I think we need a be able to take advantage of it. This data would not be useful to ful- correction week. As a matter of fact, POINT OF ORDER fill what I believe the gentleman has in for some folks we might need a correc- Mr. THOMAS. Mr. Speaker, I rise to mind, and that is how can we, as the tional institution. The fact we are ig- a point of order. Democrats would like, assure people noring this piddling little data bank, The SPEAKER pro tempore. The gen- who would pay for their benefits and be which somebody had to fuss around to tleman will state his point of order. cut off by the Republican indifference, find to make into a bill to bring to the Mr. THOMAS. Mr. Speaker, the items how can we insure that people could floor today, is not the important issue. that the gentleman is ticking off on his continue their health insurance even if Data banks contain tremendous finger have no relationship to the in- they were willing to pay for it? With- amounts of information. They contain formation to be collected in this data out the data, and I think it is impor- information, for example, on quality in bank, or any other data bank. tant that we emphasize that this bill hospitals. A nonpartisan group of ex- Mr. PALLONE. Mr. Speaker, I would repealing this one limited data bank perts the other day, PROPAC, said that like to be heard on the parliamentary should in no way prejudice the estab- maintaining updates as low as the Re- inquiry. lishment of a data bank as the number publicans would do in their Medicare Mr. Speaker, I am concerned that of people, for example, climb from bill would have a severe impact on hos- that in fact is not the case. The fact of some 37 million to now almost 45 mil- pitals. H2044 CONGRESSIONAL RECORD — HOUSE March 12, 1996 POINT OF ORDER This is a rule that we have had to pro- Thusly, this data bank was consid- Mr. THOMAS. Mr. Speaker, I rise to tect seniors, and it is being eliminated ered as intrusive and something dif- a point of order. by the Republican Medicare bill. ficult for the employers to maintain. The SPEAKER pro tempore. The gen- The sales rules are also being elimi- By the same token, there has been a tleman will state his point or order. nated. Now, without keeping a data resistance to say a COBRA extension. I Mr. THOMAS. Mr. Speaker, I rise to bank on the unscrupulous sales prac- would submit, Mr. Speaker, that the this point of order with the under- tices of health insurers who sell issue of collecting this health data in standing that apparently Members are Medigap, and allowing these duplica- the data banks in H.R. 2685 was prob- no longer held to the rule of germane- tive policies to reappear, we will have ably three or four times more expen- ness. The current dialog is nowhere no way of knowing how much harm is sive than keeping data for COBRA ex- near the intersection of nexus with the being done to the seniors. We estimate tensions for workers who have been legislation, in this gentleman’s opin- that several billions of dollars were laid off or disabled. ion. I would ask a ruling of the Chair. paid prior to our passing the bill which It is difficult for this gentleman to be The SPEAKER pro tempore. The eliminated duplicative Medigap sales enthusiastic about moving limited Chair would remind the Members that to seniors, but we have not kept that amounts of restrictions on employers on November 14, 1995, the Chair sus- data bank, assuming that those rules when, as under COBRA, we have over 30 tained a similar point of order where a would be affected. million Americans who have had their Member was unable to maintain a con- Without any prejudice to the ability health insurance extended because we stant connection or nexus between the to reinstate a data bank, I think it is did that, and we have perhaps as many subject of the bill and his remarks on necessary to point out that these sen- as 4 million, as we speak today, who health care generally. The Chair would iors will need protection from the un- have their health insurance under ask the Members to proceed with that scrupulous insurance agency and this COBRA because we required those em- in mind. bill—— ployers to maintain a small data bank. Now, it escapes reason, or it does to Mr. STARK. Mr. Speaker, I thank POINT OF ORDER this gentleman, why the Republicans the chair for his admonition, and would Mr. THOMAS. Mr. Speaker, I rise to should oppose extending COBRA. it request my colleagues to join with me a point of order. in joining in the spirit of his request. The SPEAKER pro tempore (Mr. costs no one anything. No Federal cost; no cost to the employer; no cost to the Mr. DOGGETT. Mr. Speaker, if the CAMP). The gentleman will state it. gentleman will yield further, in other Mr. THOMAS. Mr. Speaker, this gen- insurance company. It has been offered words, this is a so-called corrections tleman is constrained once again to re- at 110 percent of the previous premium day bill, but it does not correct any of quest that the Speaker, in this gentle- instead of the 102, and the data bank collection for that is so much simpler. the real problems that affect the Amer- man’s opinion, understand that the I do not want to see this correction ican families that are out there strug- simple mention of a data bank does not take on a life of its own and be consid- make the discussion germane to the gling to make ends meet. ered as a policy to remove any respon- bill in front of us, to the extent that it Mr. STARK. Mr. Speaker, in the spir- sibility from employers when they are it, I happen to agree with the gentle- would allow the gentleman from Cali- required by minor Federal regulations man’s statement, but I think that I fornia [Mr. STARK], who quite rightly is to do something that is in the public cannot find the nexus for the gen- pushing the envelope as he is trying to interest, something that would be for tleman of Texas’s question. do, to discuss the sales of Medigap poli- the good of all people. Mr. DOGGETT. Mr. Speaker, if the cies and potential unscrupulous sales- Now, with these layoffs that are com- gentleman will continue to yield, as far men who might sell these products. ing left and right, American Telephone as the nexus, is there any nexus be- If, in fact, the Chair rules that that is laying off 40,000 people or whatever, tween this bill and any other bills that germane, then these rules have no and I am not about to suggest that the are pending there in the committee meaning at all, in the opinion of the Republicans are responsible for that. I from whence this bill came that do deal gentleman from California. imagine the CEO’s are Republicans but with the very real problems of Amer- The SPEAKER pro tempore. Would I do not blame that on the party. ican families? Or is this just an iso- the gentleman from California [Mr. But what I am suggesting is that un- lated correction of some problem that STARK] like to respond to the point of derlying this bill, the unsung agenda is is not really a problem? order? that there is something wrong with the Mr. STARK. Mr. Speaker, reclaiming Mr. STARK. Mr. Speaker, I certainly Federal Government requiring an em- my time, quite frankly, the committee would, only to suggest to the Chair ployer, or anybody, to do the right that deals with this topic has not met, that in whichever way the Chair sees thing. That is wrong, Mr. Speaker. and it is responsible for Medicare, and fit to rule, the Chair certainly under- The Federal Government, for exam- it does nothing except worry and tell stands the issues and has been ex- ple, provides Social Security. It has us that Medicare is going to go broke. tremely fair, and I would have no quar- provided, happily, Medicare, and we do It is in fact fiddling with this type of rel with him in any event. require some businesses or employers data bank, when the major data bank, The SPEAKER pro tempore. The no- to keep records for that to make sure which is the trust fund, is not being tion of data banks generally and the they are not stealing from us. That is corrected. So there is a great deal of notion of data banks as contained in a data bank. Under no circumstances blame to justly be placed on the admin- the bill are not necessarily the same would I like to have this bill considered istration of the health committee issue. Again, the Chair would ask the as a precursor for removing other re- under its current leadership. gentleman from California [Mr. STARK] strictions on collecting data. to confine his remarks to the legisla- For example, we are finally starting, b 1445 tion at hand. this was a bipartisan bill when we used Mr. DOGGETT. Well, I thank the Mr. STARK. The Speaker’s admoni- to have bipartisan Medicare bills, to gentleman for trying to put some per- tion is well received. collect outcomes research, a data bank. spective on the little bit that is being Mr. Speaker, I would like to return We are requiring hospitals, even profit done here and the whole lot that is not to the issue of the data banks collected hospitals, and physicians to begin to getting any correction at all. by employers. Part of the reasoning be- build a data bank about how health Mr. STARK. The other issue of data hind repealing this data bank was the policy or health procedures work after banks, Mr. Speaker, is in the field of feeling that it was overly intrusive; 5 or 10 years. That is a vital part of insurance regulation. This data bank that the Federal Government requiring health research, and in no way should was designed to find a correlation be- an employer to do something for the that get mixed up with this kind of a tween private insurance that an em- common good is something that the data bank, which was not well con- ployee might have and Medicare. Republicans find antithetical, requir- ceived in the beginning. We have data We have further need for a data bank ing employers to obey OSHA rules or banks that are useful. that would deal with the question of good labor relations is somehow over- There are other areas that, if I just selling insurance that is duplicative. burdening them. might mention, as I suggested, the March 12, 1996 CONGRESSIONAL RECORD — HOUSE H2045 Medigap rules, the question of block is, in fact, very important that we The Medicare-Medicaid data bank granting seniors without knowing if we point out that the inoculations they was established in 1993 with good inten- do not have data banks, and somebody are talking about are not the same in- tions, to compile data on secondary in- says, gee, this is intrusive, we may oculations that little children are not surers for Medicare subscribers, to help miss a chance to protect those seniors going to get when the Medicaid cuts identify those cases in which an em- and those poorer citizens who do not come down from the Republicans. ployer-based insurance company should have the option of being covered under The SPEAKER pro tempore. In re- be the primary insurance provider major policies by their employers. sponse to the point of order, the Chair rather than Medicaid. That is to say, if What I am suggesting is that this cannot respond to the rhetorical na- somebody needs additional coverage correction is worthy of taking care of. ture of the question stated by the gen- from the Medicare coverage they are I am not sure it is worthy of spending tleman from Texas [Mr. DOGGETT] by receiving, should the government pay as much money as we have assumed necessarily ruling it irrelevant. for it through Medicaid or should the here today in printing costs. But I do Mr. STARK. Mr. Speaker, I reserve employer pay for it through their pri- think that it is a potential danger, the balance of my time. mary insurance coverage for their em- that we ought not to let it set a stand- Mr. THOMAS. Mr. Speaker, I yield ployees? ard that says just because we are ask- myself such time as I may consume. b 1500 ing private citizens or private busi- Mr. Speaker, the gentleman from nesses to collect information, do we Texas, apparently within the rules, Potentially this could have saved the feel that that is not something that propounded a question about the fact government a great deal of money by could be useful. that this bill is being brought up under identifying those cases where the gov- Mr. DOGGETT. Mr. Speaker, will the a procedure that we did not have in ernment, under the Medicaid Program, gentleman yield? previous Congresses. Apparently it is would not need to pay for that second- Mr. STARK. I yield to the gentleman clearly within the scope of germane- ary insurance. Unfortunately it has from Texas. ness, as ruled by the Speaker, for me to not, and will not, work. The Govern- Mr. DOGGETT. Mr. Speaker, I have indicate that there are a lot of things ment Accounting Office has testified just received a copy of the House Re- that we are doing in this Congress that regarding this data bank that, and I publican National Strategic Plan for we did not do in previous Congresses. will quote from their statement: 1996, and I am wondering if the gen- For example we are auditing the Enormous administrative burden the data tleman has an opinion as to how this books in this Congress. That was not bank would place on the Health Care Financ- piece of legislation, which I believe is done in previous Congresses. We have ing Administration, known as HCFA here in Washington, and the Nation’s employers the first piece of legislation dealing placed Members of Congress under the likely would do little or nothing to enhance specifically with any aspect of Medi- laws that apply to everyone else. That the current efforts to identify those bene- care, might fit into that plan, which I was not done in previous Congresses, ficiaries who have other health insurance will tell the gentleman specifically and so there are a lot of things that we coverage, * * * calls and says, and I quote, not you and are doing in this Congress that were That is to say the health care Medi- me of course, but the Republicans ‘‘will not done in previous Congresses. care-Medicaid data bank has not been pursue a targeted inoculation strategy Mr. Speaker, I do want to say that able to do what it was supposed to do, on Medicare.’’ Does this bill have rel- the gentlewoman from Florida [Mrs. which is streamline the process and evance to that targeted inoculation FOWLER] has been very interested in make it less costly for the government. strategy on Medicare? this subject matter, and were it not for There are several reasons to be POINT OF ORDER the primary in her State and district, against this program and the need for Mr. THOMAS. Mr. Speaker, I rise to the gentlewoman would be with us this bill. The first is it is a burden on a point of order. today. the government itself. The Health Care The SPEAKER pro tempore. The gen- Mr. Speaker, I yield 4 minutes to the Finance Administration has itself stat- tleman will state it. gentleman from Indiana [Mr. ed that the costs involved in collecting Mr. THOMAS. Mr. Speaker, the MCINTOSH], someone who has had an in- the information will outweigh the Speaker knows well my point of order. terest in this for a long time. costs that may be recovered by the It is the subject matter and the con- Mr. MCINTOSH. Mr. Speaker, I am data bank. That is to say it frankly tent of the bill and the question pro- pleased to rise in support of the bill of does not save the government any pounded by the gentleman from Texas the gentleman from California [Mr. money whatsoever. [Mr. DOGGETT], which has no relevance THOMAS] to repeal the Medicare-Medic- Second, it is a burden on citizens, or germaneness, as we say in our rules, aid data bank requirement. As cochair- particularly small businesses that have to the subject matter before us. man of the Speaker’s Advisory Com- limited resources. They are currently Mr. DOGGETT. Mr. Speaker, may I mittee on Corrections, I want to com- required to compile the names and So- be heard on the point of order? mend the gentleman and his commit- cial Security numbers of all of their The SPEAKER pro tempore. The gen- tee for their work on this very good employees and their immediate family tleman has propounded a point of order corrections bill. and report this not only to the IRS, but to the relevance of the matter at hand. Before I describe the bill and the rea- also the HCFA. Now gathering and re- Mr. STARK. May I be heard on the son the Corrections Committee sup- porting this information takes time point of order Mr. Speaker? ports it, let me pause for a moment and and money, and many small compa- The SPEAKER pro tempore. The say the real issues here is one of jobs. nies, quite frankly, just do not have it Chair will allow the gentleman from Jobs, jobs, jobs. in their budgets to be able to do that. California [Mr. STARK] to respond. The reason is that what we are doing It is more redtape and does very little Mr. STARK. Mr. Speaker, on the is getting rid of an obsolete, unneces- good. point of order, before you restate it, it sary paperwork requirement that And the third reason is that this sys- is beyond the capacity of this gen- makes it more expensive for busi- tem is a burden for the taxpayers. But tleman to explain Republican strategy nesses, particularly small businesses, at least Congress has had the wisdom, and whether or not it is germane. I to create new jobs. It is the Republican up until today, to make sure that we would choose not to answer the ques- hope, along with many Democrats who did not fund it. Given that wisdom, I tion, because I am sure it is one of have supported this bill, that we will think it is important that today we those mysteries of the universe that be able to help small businesses create take the next step and repeal the re- deny intelligent response. jobs by passing this bill, eliminating quirement altogether. However, inoculation is germane to unnecessary redtape and paperwork. Now the bill of the gentleman from this because many of these employers Now, this bill does just what a cor- California [Mr. THOMAS] will do away kept records or were to keep records of rections bill should do. It eliminates a with the Medicare data bank, his bill who was paying for the inoculations in government-imposed paperwork burden will save employers across the Nation the Republican Medicare plan, so many that is not achieving any conceivable and the Federal Government time and people will be denied inoculations. It intended result. money; as a corrections bill it is one of H2046 CONGRESSIONAL RECORD — HOUSE March 12, 1996 the best that I have seen, and I want to The gentleman from New York more money, it is going to add $4 bil- commend the gentleman for his hard touched on an issue which I think it lion in costs. work and urge all of my colleagues to important. It is true that we will save So, as the Republicans have done, on support H.R. 2685. employers a piddly little amount of the one hand they say let us save a Mr. THOMAS. Mr. Speaker, I yield money by doing away with this data. nickel here, but let us spend a million such time as he may consume to the What the employer has to do is keep dollars if it helps our rich friends in gentleman from New York [Mr. HOUGH- track of an employee’s insurance other business, and this is a perfect example TON], a member of the House sub- than Medicare. But if my colleagues of, I think, being penny-wise and committee of the Committee on Ways want to talk about a cost to employers pound-foolish dealing, Mr. Speaker, and Means. and a data bank that will choke the with a data bank which is minuscule, (Mr. HOUGHTON asked and was horse of business, talk about the data which requires almost no record- given permission to revise and extend bank that the Republicans are requir- keeping by business, while on the other his remarks.) ing business to keep if they pass these hand ignoring those data banks that Mr. HOUGHTON. Mr. Speaker, I am silly MSA’s. Under a medical savings are being proposed to be imposed on really at a loss of words because so account a business would be required in business and private citizens, which in- much of what I wanted to say has al- a data bank to keep track of every crease the number of insured, increase ready been stated. Maybe I can ap- medical expenditure, it would be re- the deficit and do no good to anyone. proach this from somebody who has quired—— This, unfortunately, is the litany and been in business for a long time and the inheritance of the Republican lead- understands what this Congress is try- POINT OF ORDER Mr. THOMAS. Mr. Speaker, I have a ership as they have shown this—— ing to do is to extract the Government Mr. HOUGHTON. Mr. Speaker, will from onerous administrative tasks, point of order. The SPEAKER pro tempore (Mr. the gentleman yield? which is hardly in keeping with what CAMP). The gentleman is recognized for Mr. STARK. I yield to the gentleman we are trying to do to relieve people a point of order. from New York. and businesses to be able to create Mr. THOMAS. Notwithstanding his Mr. HOUGHTON. Mr. Speaker, I more jobs. elegant eloquence, I believe the gen- would just like to ask the gentleman, I have been around business a long does he support or does he not support time, and I know what data collection tleman from California [Mr. STARK] has once again strayed from the ger- H.R. 2685? is; it is important. But when we take a Mr. STARK. I am relatively indiffer- look at this particular issue, clearly maneness under the rules of the House. Mr. STARK. If I may be heard? I am ent, but I can find nothing to oppose it. the data collected is highly expensive. talking about data base requirements If it came to a vote, I would vote for it. The GAO has estimated that to create Mr. THOMAS. Mr. Speaker, I yield a data bank like this, it would be over by an employer, an issue raised by the previous speaker, and I believe it is myself 10 minutes. $100 million. That is certainly not the (Mr. THOMAS asked and was given intent of Congress, it is not something quite germane as it deals with the re- quirements that employers may be permission to revise and extend his re- which is good for business, it is not marks.) something which is really good for the faced with in keeping medical data banks as required by the Federal Gov- Mr. THOMAS. Mr. Speaker, I want to employees, and when we take a look at begin a discussion of the repeal of this a variety of different businesses that ernment. Mr. THOMAS. May I be heard on the data bank with an underscoring of a have been contacted, they all agree point that the gentleman from Califor- that this is not necessary, that the ad- point of order Mr. Speaker? I thought the Speaker had already nia made, and that is that this measure ministrative burden is onerous, it ruled that a discussion of data banks in was insisted upon by the Senate. This opens the door to tax retirees on values general as a concept for collecting data is not a work product that originated received, and so why report this? in the House. It was contained in the As a matter of fact, I think we all is not necessarily germane to a specific budget legislation that was passed in agree with this. As a matter of fact, I data bank which is the subject of this do not think that there is any argu- bill. 1993 under the majority. I want to go back to a quote, Mr. ment when we are talking about this The SPEAKER pro tempore. The gen- Speaker, that I used at the beginning issue, H.R. 2685. It is a good issue; we tleman is correct. The Chair will state all agree it is a bipartisan approach. again that on November 14, 1995, the to frame the debate about the repeal of Where we get off the tracks is when we Chair sustained a similar point of order this proposed data bank. This data start getting political and we start where a Member was unable to main- bank was never put into effect. It was messing around in this whole field of tain a constant nexus between the sub- proposed. We are now proposing to health reform. ject of the bill and the subject of make sure it never goes into effect. We all are citizens of this country, health care generally. The Chair has at In testimony before the Committee we all want to do the right thing. It is least three time today, and does again, on Ways and Means by Sarah Jagger on not a Republican or a Democratic sustain that point of order. February 23, 1995, representing a GAO issue. It is something which we all Mr. STARK. Mr. Speaker, I will con- study, she said that this proposed data ought to be concerned about. But today fine my remarks to employers collect- bank would create an avalanche of un- the narrow issue really is this data ing data for a data bank that relates to necessary paperwork for both the bank. I agree with the proposition, I Government insurance and private in- Health Care Financing Administration think it makes a great deal of sense, it surance, which I believe is specifically and employers, and will likely achieve will reduce enormous administrative what the bill and I am suggesting; that little or no savings while costing mil- overburden, and it will save the Fed- while we are eliminating this, we are lions. That statement was made in eral Government and the taxpayers of on the other hand creating an even big- February of 1995. this country over $100 million. ger data bank, and perhaps we should The reason we have this legislation Therefore, I support with the great- prohibit data banks for things like before us today is because the need to est strength I can H.R. 2685. We are not MSA’s which, by the way, exist with- save not only employers, but the talking about health insurance reform, out any new legislation. Health Care Financing Agency, money we are not talking about nexuses, we MSA’s are there today. It is, if we re- is even more critical today than it was are not talking about inoculations, we quire the employer to keep track of at the time that we took the testi- are not talking about strategic plans. who collects the money for an IRS ex- mony, because when we took that tes- We are talking about this particular emption, he will then have to keep timony in February of 1995, we had a data bank issue, and I think it is a track of each specific payment to a trustees’ report, those individuals who good one, and I support the resolution. doctor, and it has been estimated that are charged with the responsibility of Mr. THOMAS. Mr. Speaker, I reserve it will cost the Government $4 billion overseeing the Medicare trust fund re- the balance of my time. to have these MSA’s. Not only will it porting to us that the Medicare trust Mr. STARK. Mr. Speaker, I yield my- cost the employers, the gentleman fund was sound through the year 2002. self such time as I may consume. from New York is concerned about What we have now discovered is that March 12, 1996 CONGRESSIONAL RECORD — HOUSE H2047 based upon real data, not projections, months were at $3.8 billion we wound been eligible for payment by Medicare or Med- but real data, it is no longer protected up with a $36 million deficit, the first icaid. This is a classic example of the treat- until 2002. This was what was described time since 1972 that we had a minus ment being worse than the disease. to us as the prospective state of the number. If we have only brought in $133 As can be seen, the data bank program im- Medicare trust fund at the time this million in the first 4 months of fiscal poses a reporting burden on employers which testimony was delivered, that notwith- year 1996, what is it going to look like is far out of proportion to the Government's standing the continual drop in the in hemorrhaging red ink in the trust need for information. Such unnecessary bur- trust fund, the Chairman of the Board fund without making the kinds of dens are particularly harmful to the many of Trustees, the Secretary of the Treas- changes we are contemplating? small businesses which dominate the North ury, Mr. Rubin, signed a document say- A number of people have complained Dakota economy. This program is precisely ing that there is going to be a reversal that repealing this proposed data bank the sort of inefficient approach which North of this trend, that the Medicare trust certainly seems like small potatoes. It Dakotans are demanding be eliminated from fund will have more money in it at the certainly is a first step. We have to the Federal Government. end of 1995 than it did in 1994. We were make sure, first of all, that the Gov- The reports from North Dakota businesses concerned about saving money in Feb- ernment does not do stupid things. as to the anticipated burdens of the data bank ruary of 1995, but this was the projec- This proposal that was passed by the program were verified in a thorough study by tion given to us by the Clinton ap- former Democratic Congress in 1993 is the General Accounting Office [GAO]. In a re- pointees who are the trustees of the now universally agreed to be a stupid port issued on May 6, 1994, the GAO con- Medicare trust fund. thing. cluded that the data bank would create bur- This is now March of 1996, and the What we need to do is sit down and densome and unnecessary paperwork for both projections, the, if you will, more rosy talk about additional changes that employers and the Federal Government and scenario, simply did not obtain, and need to be made in the system. Repub- would achieve little or no cost savings while the reason this bill is before us today licans have been more than willing to costing millions of dollars in administrative ex- to repeal the proposed data bank and do that on a bipartisan basis. In sitting pense. save not just employers, but the Fed- down with a number of very respon- Mr. Speaker, at a time when many busi- eral Government, millions of dollars is sible Democrats, normally known as nesses too often labor under the burden of because this is actually what happened; the self-named blue-dog Democrats, we complex and sometimes unnecessary Federal not projected, actually what happened. have moved forward a proposal, which I regulation, the Federal Government should not We actually went minus in the trust am hopeful we will be able to an- add to this regulatory burden without a con- fund account for this fiscal year. That nounce, achieves a bipartisan majority crete benefit clearly in sight. While the data is the first time this has occurred since in making sure that we preserve, pro- bank program was well intentioned, it has 1972. tect, and strengthen Medicare. proven unworkable. The anticipated benefit is In 1972 the Democrats were in the But we ought to take every oppor- overwhelmed by the cost of compliance, and, majority. They promptly raised the tunity. We ought not to pass up any op- consequently, the program should be elimi- payroll tax. That was a response they portunity for making changes in the nated. Elimination is also warranted by the used nine times in response to a short- system that will guarantee that not harmful effect this program would have on the age of funds. Rather than rethinking, only employers but the Federal Gov- availability of health insurance to North Dako- reconceptualizing, protecting, preserv- ernment does not waste money. This is ta's working families. When increasing num- ing, and strengthening Medicare they one of those efforts. We chose correc- bers of families are finding themselves without simply raised the payroll tax. tions day to do it, because there was no health insurance, the Federal Government known opposition at all. This would be b 1515 must not make it more expensive and difficult an expedited way to deal with this par- for employers to provide this insurance for This is what they said was going to ticular question. I find it interesting their workers. The substantial administrative happen. This is what actually hap- that notwithstanding all of the discus- expense associated with the data bank pro- pened. So we have begun an examina- sion that occurred on the side of the gram would have had precisely this counter- tion of legislation that we could bring minority, no one is in evidence who op- productive effect. to the floor which would guarantee poses this legislation. I urge my colleagues to join me in voting for that there would be no more hemor- Our goal is to work in a bipartisan repeal of this well intentioned but utterly un- rhaging in the Medicare Trust Fund way to produce legislation that will workable program. than was absolutely necessary. That is make positive change, will create a Mrs. FOWLER. Mr. Speaker, the Medicare/ the purpose and the substance of bring- new Medicare which will preserve, pro- Medicaid data bank was established by the ing this bill to the floor today. tect, and strengthen seniors in a pro- Omnibus Budget Reconciliation Act of 1993 Perhaps even more chilling was the spective fashion, once we have cleaned with the intent of yielding savings to the Medi- testimony not of the Secretary of the up the errors that are left over from care and Medicaid Programs. Like so many Treasury in his function as the Chair- previous Democratic control. big-government answers, however, it turned man of the trustees, but the Secretary I would urge an ‘‘aye’’ vote on this out that the data bank was more of a problem of Health and Human Services. Dr. particular measure in front of correc- than a solutionÐimpractical, inconvenient, and Shalala indicated, and numbers have tions day. expensive. Had the data bank been imple- now been produced, that at the same Mr. POMEROY. Mr. Speaker, I rise to offer mented by the Health Care Financing Admin- time the trust fund was a minus $36 my strong support for repeal of the Medicare istration, it would have increased the adminis- million at the end of fiscal year 1995, in and Medicaid coverage data bank. This provi- trative and paperwork burden on businesses; the first 4 months of that year there sion of law imposed an unfair and unreason- discouraged employers from providing health was $3.8 billion surplus. That is, over a able burden on the businesses of North Da- coverage to their employees; and created a 12-month period, they went from a $3.8 kota, and I believe it must be eliminated. bureaucratic nightmare for HCFA. billion surplus to a $36 million deficit. The data bank program was created to help Fortunately, the enforcement of the data As I said, this is the first time it has prevent Medicare and Medicaid from paying bank reporting requirements has been de- happened since 1972. claims that are the responsibility of an em- layed, and now we have a chance to repeal it So my inquiry would be, of course, if ployer-based private insurer. Despite this laud- once and for all. this is what we look like in the first 4 able goal of saving Government funds, there At first glance, it appears that the data bank months of fiscal year 1995, what do we have been fundamental flaws with this law asks employers to provide routine informa- look like in the first 4 months of fiscal planned program from the beginning. First, tion that is readily available. In truth, however, year 1996, the year we are currently in? under the program employers would be re- the reporting requirements ask employers to The information that now has been re- quired to report information to the Federal collect data which they could have never ported, not projections, not rosy pro- Government which they did not routinely col- imagined compiling, such as the names and jections to make it look good, but ac- lect. Second, employers would be forced to re- Social Security numbers of their employees' tual figures for fiscal year 1996, the port data on 100 percent of their work force spouses and children. first 4 months, are at a plus $133 mil- even though only a tiny percentage of workers In May 1994, the Government Accounting lion. Remember, when the first 4 would be individuals whose claims might have Office issued a report showing that the data H2048 CONGRESSIONAL RECORD — HOUSE March 12, 1996 bank would yield little or no savings to Medi- from the President of the United REPORT ON NATIONAL EMER- care and Medicaid. Additionally, the Health States; which was read and, together GENCY WITH RESPECT TO IRAN— Care Financing Administration has no interest with the accompanying papers, without MESSAGE FROM THE PRESIDENT in administering the data bank. In fact, the objection, referred to the Committee OF THE UNITED STATES (H. DOC. Clinton administration estimates that the data on International Relations and ordered NO. 104–185) bank would cost $25 to 30 million to operate to be printed: The SPEAKER pro tempore laid be- each year. fore the House the following message The data bank sets a new standard for bad To the Congress of the United States: from the President of the United laws: It is bad for business, bad for workers; Section 202(d) of the National Emer- States, which was read and, together and even bad for bureaucrats. And it wouldn't gencies Act (50 U.S.C. 1622(d)) provides with the accompanying papers, without accomplish what it was intended to do. for the automatic termination of a na- objection, referred to the Committee I want to thank Chairman THOMAS for bring- tional emergency unless, prior to the on International Relations and ordered ing this measure to the House floor. In the to be printed: 103d Congress, I introduced H.R. 4095, which anniversary date of its declaration the To the Congress of the United States: would have repealed the data bank, and I re- President publishes in the Federal Reg- I hereby report to the Congress on introduced the same bill at the beginning of ister and transmits to the Congress a developments concerning the national the 104th Congress. Recently, repeal of the notice stating that the emergency is to emergency with respect to Iran that data bank was also included in the Medicare continue in effect beyond the anniver- was declared in Executive Order No. Preservation Act which the President vetoed. sary date. In accordance with this pro- There are many of us who have been very vision, I have sent the enclosed notice, 12957 of March 15, 1995, and matters re- disappointed by the President's unwillingness stating that the Iran emergency de- lating to the measures in that order and in Executive Order No. 12959 of to deal with Medicare reform in a responsible clared on March 15, 1995, pursuant to May 6, 1995. This report is submitted manner. His veto of the Medicare Preservation the International Emergency Eco- pursuant to section 204(c) of the Inter- Act not only threatens the long-term viability of nomic Powers Act (50 U.S.C. 1701–1706) the Medicare Program, but also means that national Emergency Economic Powers is to continue in effect beyond March Act, 50 U.S.C. 1703(c) (IEEPA), and sec- employers still have to worry that HCFA might 15, 1996, to the Federal Register for pub- enforce the reporting requirements of the data tion 505(c) of the International Secu- lication. This emergency is separate rity and Development Cooperation Act bank. from that declared on November 14, This bill eliminates that concern and I hope of 1985, 22 U.S.C. 2349aa–9(c). This re- 1979, in connection with the Iranian port discusses only matters concerning that my colleagues will join me in support of hostage crisis and therefore requires H.R. 2685 the national emergency with respect to The SPEAKER pro tempore (Mr. separate renewal of emergency authori- Iran that was declared in Executive CAMP). Pursuant to the rule, the pre- ties. Order No. 12957 and matters relating to vious question is ordered. The factors that led me to declare a that Executive order and Executive The question is on the engrossment national emergency with respect to Order No. 12959. and third reading of the bill. Iran on March 15, 1995, have not been 1. On March 15, 1995, I issued Execu- The bill was ordered to be engrossed resolved. The actions and policies of tive Order No. 12957 (60 Fed. Reg. 14615, and read a third time, and was read the the Government of Iran, including its March 17, 1995) to declare a national third time. support for international terrorism, ef- emergency with respect to Iran pursu- The SPEAKER pro tempore. The forts to undermine the Middle East ant to IEEPA, and to prohibit the fi- question is on the passage of the bill. peace process, and its acquisition of nancing, management, or supervision The question as taken; and (three- by U.S. persons of the development of weapons of mass destruction and the fifths having voted in favor thereof) Iranian petroleum resources. This ac- means to deliver them, continue to the bill was passed. tion was in response to actions and threaten the national security, foreign A motion to reconsider was laid on policies of the Government of Iran, in- the table. policy, and economy of the United cluding support for international ter- f States. Accordingly, I have determined rorism, efforts to undermine the Mid- COMMUNICATION FROM THE that it is necessary to maintain in dle East peace process, and the acquisi- CLERK OF THE HOUSE force the broad authorities that are in tion of weapons of mass destruction place by virtue of the March 15, 1995, The SPEAKER pro tempore laid be- and the means to deliver them. A copy declaration of emergency. fore the House the following commu- of the order was provided to the Con- nication from the Clerk of the House of WILLIAM J. CLINTON. gress on March 15, 1995. Representatives: THE WHITE HOUSE, March 8, 1996. Following the imposition of these re- strictions with regard to the develop- OFFICE OF THE CLERK, f U.S. HOUSE OF REPRESENTATIVES, ment of Iranian petroleum resources, Washington, DC, March 8, 1996. Iran continued to engage in activities Hon. NEWT GINGRICH, COMMUNICATION FROM THE that represent a threat to the peace Speaker, U.S. House of Representatives, CLERK OF THE HOUSE and security of all nations, including Washington, DC. Iran’s continuing support for inter- DEAR MR. SPEAKER: Pursuant to the per- The SPEAKER pro tempore laid be- national terrorism, its support for acts mission granted in Clause 5 of Rule III of the fore the House the following commu- that undermine the Middle East peace Rules of the U.S. House of Representatives, I nication from the Clerk of the House of have the honor to transmit a sealed envelope process, and its intensified efforts to received from the White House on Friday, Representatives: acquire weapons of mass destruction. March 8th at 10:40 a.m. and said to contain a OFFICE OF THE CLERK, On May 6, 1995, I issued Executive message from the President whereby he noti- U.S. HOUSE OF REPRESENTATIVES, Order No. 12959 to further respond to fies the Congress of the continuance beyond Washington, DC, March 11, 1996. the Iranian threat to the national secu- March 15, 1996, of the national emergency Hon. NEWT GINGRICH, rity, foreign policy, and economy of with respect to Iran. Speaker, U.S. House of Representatives, the United States. With warm regards, Washington, DC. Executive Order No. 12959 (60 Fed. ROBIN H. CARLE, DEAR MR. SPEAKER: Pursuant to the per- Reg. 24757, May 9, 1995) (1) prohibits ex- Clerk. mission granted in Clause 5 of Rule III of the f portation from the United States to Rules of the U.S. House of Representatives, I Iran or to the Government of Iran of CONTINUATION OF NATIONAL have the honor to transmit a sealed envelope goods, technology, or services; (2) pro- received from the White House on Monday, EMERGENCY WITH RESPECT TO hibits the reexportation of certain U.S. March 11th at 1:30 p.m. and said to contain a IRAN—MESSAGE FROM THE goods and technology to Iran from PRESIDENT OF THE UNITED message from the President whereby he sub- mits a 6-month periodic report on the na- third countries; (3) prohibits trans- STATES (H. DOC. NO. 104–184) tional emergency with respect to Iran. actions such as brokering and other The SPEAKER pro tempore laid be- With warm regards, dealing by United States persons in fore the House the following message ROBIN H. CARLE, Clerk. goods and services of Iranian origin or March 12, 1996 CONGRESSIONAL RECORD — HOUSE H2049 owned or controlled by the Govern- tensions of standby letters of credit, 5. The expenses incurred by the Fed- ment of Iran; (4) prohibits new invest- payments for trade transactions pursu- eral Government in the 6-month period ments by United States persons in Iran ant to contracts prior to May 6, 1995, from September 15, 1995, through or in property owned or controlled by and exportation of certain agricultural March 14, 1996, that are directly attrib- the Government of Iran; (5) prohibits products contracted for prior to May 6, utable to the exercise of powers and au- U.S. companies and other United 1995. The FAC continues to review thorities conferred by the declaration States persons from approving, facili- under section 560.528 requests for au- of a national emergency with respect tating, or financing performance by a thorization to export and reexport to Iran are approximately $965,000 most foreign subsidiary or other entity goods, services, and technology to en- of which represents wage and salary owned or controlled by a United States sure the safety of civil aviation and costs for Federal personnel. Personnel person of reexport, investment, and safe operation of U.S.-origin commer- costs were largely centered in the De- certain trade transactions that a Unit- cial passenger aircraft in Iran. In light partment of the Treasury (particularly ed States person is prohibited from per- of statutory restrictions applicable to in the Office of Foreign Assets Control, forming; (6) continues the 1987 prohibi- goods and technology involved in these the U.S. Customs Service, the Office of tion on the importation into the Unit- cases, Treasury continues to consult the Under Secretary for Enforcement, ed States of goods and services of Ira- and coordinate with the Departments and the Office of the General Counsel), nian origin; (7) prohibits any trans- of State and Commerce on these mat- the Department of State (particularly action by any United States person or ters, consistent with section 4 of Exec- the Bureau of Economic and Business within the United States that evades utive Order No. 12959. Affairs, the Bureau of Near Eastern Af- or avoids or attempts to violate any During the reporting period, FAC ad- fairs, the Bureau of Politico-Military prohibition of the order; and (8) al- ministered provisions on services relat- Affairs, and the Office of the Legal Ad- lowed U.S. companies a 30-day period ed to maintaining Iranian bank ac- viser), and the Department of Com- in which to perform trade transactions counts and identified and rejected Iran- merce (the Bureau of Export Adminis- pursuant to contracts predating the related payments not authorized under tration and the General Counsel’s Of- Executive order. the ITR. United States banks were no- fice). In Executive Order No. 12959, I di- tified that they could not process 6. The situation reviewed above con- rected the Secretary of the Treasury to transactions on behalf of accounts held tinues to involve important diplo- authorize through specific licensing in the name of the Government of Iran matic, financial, and legal interests of certain transactions, including trans- or persons in Iran, with the exception the United States and its nationals and actions by United States persons relat- of certain transactions related to inter- presents an extraordinary and unusual ed to the Iran-United States Claims est accruals, customary service threat to the national security, foreign Tribunal in The Hague, established charges, the exportation of information policy, and economy of the United pursuant to the Algiers Accords, and or informational material, travel-relat- States. The declaration of the national related to other international obliga- ed remittances, donations of articles to emergency with respect to Iran con- tions and United States Government relieve human suffering, or lump sum tained in Executive Order No. 12957 and functions, and transactions related to closures of accounts by payment to the comprehensive economic sanctions the export of agricultural commodities their owners. United States banks con- imposed by Executive Order No. 12959 pursuant to preexisting contracts con- tinue to handle certain dollar payment underscore the United States Govern- sistent with section 5712(c) of title 7, transactions involving Iran between ment’s opposition to the actions and United States Code. I also directed the third-country banks that do not in- policies of the Government of Iran, par- Secretary of the Treasury, in consulta- volve a direct credit or debit to Iranian ticularly its support of international tion with the Secretary of State, to accounts. Noncommercial family re- terrorism and its efforts to acquire consider authorizing United States per- mittances involving Iran must be rout- weapons of mass destruction and the sons through specific licensing to par- ed to or from non-U.S., non-Iranian off- means to deliver them. The Iranian ticipate in market-based swaps of shore banks. Transactions Regulations issued pursu- crude oil from the Caspian Sea area for The FAC continues to coordinate ant to Executive Orders No. 12957 and Iranian crude oil in support of energy closely with the Federal Reserve No. 12959 continue to advance impor- projects in Azerbaijan, Kazakhstan, Board, the Federal Reserve Bank of tant objectives in promoting the non- and Turkmenistan. New York, and the California banking proliferation and antiterrorism policies Executive Order No. 12959 revoked authorities concerning the treatment of the United States. I shall exercise sections 1 and 2 of Executive Order No. of three Iranian bank agencies—Banks the powers at my disposal to deal with 12613 of October 29, 1987, and sections 1 Sepah, Saderat, and Melli. Licenses these problems and will report periodi- and 2 of Executive Order No. 12957 of have been issued to the Iranian bank cally to the Congress on significant de- March 15, 1995, to the extent they are agencies authorizing them to pay over- velopments. inconsistent with it. A copy of Execu- head expenses under the supervision of WILLIAM J. CLINTON. tive Order No. 12959 was transmitted to the California and New York banking THE WHITE HOUSE, March 11, 1996. the Speaker of the House of Represent- departments while meeting obligations atives and President of the Senate by incurred prior to May 6, 1995. Author- f letters dated May 6, 1995. ization expired at the end of December, 2. There were no amendments to the which had enabled them to make pay- COMMUNICATION FROM THE HON- Iranian Transactions Regulations, 31 ments to U.S. exporters under letters ORABLE JOHN EDWARD PORTER, CFR Part 560 (the ‘‘ITR’’) during the of credit advised prior to June 6, 1995, MEMBER OF CONGRESS reporting period. where the underlying exports were The Chair laid before the House the 3. During the current 6-month period, completed in accordance with the Reg- following communication from the the Department of the Treasury’s Of- ulations or a specific license issued by Honorable JOHN EDWARD PORTER, Mem- fice of Foreign Assets Control (FAC) FAC. The FAC also had permitted the ber of Congress: made numerous decisions with respect agencies to offer discounted advance CONGRESS OF THE UNITED STATES, to applications for licenses to engage payments on deferred payment letters HOUSE OF REPRESENTATIVES, in transactions under the ITR, issuing of credit under the same conditions. Washington, DC, March 1, 1996. 54 licensing determinations—both ap- 4. The U.S. Customs Service has con- Hon. NEWT GINGRICH, provals and denials. The majority of tinued to effect numerous seizures of Speaker, U.S. House of Representatives, denials were in response to requests to Iranian-origin merchandise, primarily Washington, DC. extend contract performance beyond carpets, for violation of the import pro- DEAR MR. SPEAKER: This is to formally no- the time specified by Executive Order hibitions of the ITR. Various enforce- tify you pursuant to Rule L (50) of the Rules of the House that a member of my staff has No. 12959 and by FAC general license. ment actions carried over from pre- been served with a subpoena issued by the Licenses were issued authorizing the vious reporting periods are continuing Circuit Court of Cook County, Illinois. continued operation of Iranian diplo- and new reports of violations are being After consultation with the General Coun- matic accounts, powers of attorney, ex- aggressively pursued. sel, I have determined that compliance with H2050 CONGRESSIONAL RECORD — HOUSE March 12, 1996 the subpoena is consistent with the privi- ‘‘SEC. 35. AUTHORIZATION OF APPROPRIATIONS. Commission a fee at a rate equal to $33 for each leges and precedents of the House. ‘‘There are authorized to be appropriated to $1,000,000 of the aggregate dollar amount of Sincerely, carry out the functions, powers, and duties of sales of securities (other than bonds, debentures, JOHN EDWARD PORTER. the Commission $317,000,000 for fiscal year and other evidences of indebtedness) transacted f 1997.’’. on such national securities exchange, except SEC. 4. REGISTRATION FEES. that for fiscal year 2002 or any succeeding fiscal COMMUNICATION FROM THE HON- Section 6(b) of the Securities Act of 1933 (15 year such rate shall be equal to $25 for each ORABLE ED BRYANT, MEMBER U.S.C. 77f(b)) is amended to read as follows: $1,000,000 of such aggregate dollar amount of OF CONGRESS ‘‘(b) REGISTRATION FEE.— sales. Fees collected pursuant to this subsection shall be deposited and collected as general reve- The SPEAKER pro tempore laid be- ‘‘(1) RECOVERY OF COST OF SERVICES.—The Commission shall, in accordance with this sub- nue of the Treasury. fore the House the following commu- section, collect registration fees that are de- ‘‘(c) OFF-EXCHANGE-TRADES OF EXCHANGE- nication from the Honorable ED BRY- signed to recover the costs to the government of REGISTERED SECURITIES.—Every national securi- ANT, Member of Congress: the securities registration process, and costs re- ties association shall pay to the Commission a CONGRESS OF THE UNITED STATES, lated to such process, including enforcement ac- fee at a rate equal $33 for each $1,000,000 of the HOUSE OF REPRESENTATIVES, tivities, policy and rulemaking activities, admin- aggregate dollar amount of sales transacted by Washington, DC, March 7, 1996. istration, legal services, and international regu- or through any member of such association oth- Hon. NEWT GINGRICH, latory activities. erwise than on a national securities exchange of Speaker, U.S. House of Representatives, ‘‘(2) FEE PAYMENT REQUIRED.—At the time of securities registered on such an exchange (other Washington, DC. filing a registration statement, the applicant than bonds, debentures, and other evidences of DEAR MR. SPEAKER: This is to formally no- shall pay to the Commission a fee that shall be indebtedness), except that for fiscal year 2002 or tify you pursuant to Rule L (50) of the Rules equal to the sum of the amounts (if any) deter- any succeeding fiscal year such rate shall be of the House of Representatives, that Woody mined under the rates established by para- equal to $25 for each $1,000,000 of such aggre- Stickles, District Staff Assistant in my graphs (3) and (4). The Commission shall pub- gate dollar amount of sales. Fees collected pur- Clarksville, Tennessee office, has been served lish in the Federal Register notices of the fee suant to this subsection shall be deposited and with a subpoena issued by the Montgomery rates applicable under this section for each fis- collected as general revenue of the Treasury. County, Tennessee Circuit Court in the case cal year. In no case shall the fee required by ‘‘(d) OFF-EXCHANGE-TRADES OF LAST-SALE- of Irvin v. Tennessee Management Co. this subsection be less than $200, except that REPORTED SECURITIES.— After consultation with the Office of the during fiscal year 2002 or any succeeding fiscal ‘‘(1) COVERED TRANSACTIONS.—Every national General Counsel, I have determined that year such minimum fee shall be $182. securities association shall pay to the Commis- compliance with the subpoena is consistent ‘‘(3) GENERAL REVENUE FEES.—The rate deter- sion a fee at a rate equal to the dollar amount with the precedents and privileges of the mined under this paragraph is a rate equal to determined under paragraph (2) for each House. $200 for each $1,000,000 of the maximum aggre- $1,000,000 of the aggregate dollar amount of Sincerely, gate price at which such securities are proposed sales transacted by or through any member of ED BRYANT. to be offered, except that during fiscal year 2002 such association otherwise than on a national f and any succeeding fiscal year such rate is securities exchange of securities (other than equal to $182 for each $1,000,000 of the maximum bonds, debentures, and other evidences of in- ANNOUNCEMENT BY THE SPEAKER aggregate price at which such securities are pro- debtedness) subject to prompt last sale reporting PRO TEMPORE posed to be offered. Fees collected during any pursuant to the rules of the Commission or a registered national securities association, ex- The SPEAKER pro tempore. Pursu- fiscal year pursuant to this paragraph shall be deposited and credited as general revenues of cluding any sales for which a fee is paid under ant to the provisions of clause 5 of rule the Treasury. subsection (c). I, the Chair announces that he will ‘‘(4) OFFSETTING COLLECTION FEES.— ‘‘(2) FEE RATES.—Except as provided in para- postpone further proceedings today on ‘‘(A) IN GENERAL.—Except as provided in sub- graph (4), the dollar amount determined under each motion to suspend the rules on paragraphs (B) and (C), the rate determined this paragraph is— which a recorded vote or the yeas and under this paragraph is a rate equal to the fol- ‘‘(A) $12 for fiscal year 1997; nays are ordered, or on which the vote lowing amount for each $1,000,000 of the maxi- ‘‘(B) $14 for fiscal year 1998; mum aggregate price at which such securities ‘‘(C) $17 for fiscal year 1999; is objected to under clause 4 of rule ‘‘(D) $18 for fiscal year 2000; XV. are proposed to be offered: ‘‘(i) $103 during fiscal year 1997; ‘‘(E) $20 for fiscal year 2001; and Such rollcall votes, if postponed, will ‘‘(ii) $70 during fiscal year 1998; ‘‘(F) $25 for fiscal year 2002 or for any suc- be taken after debate has concluded on ‘‘(iii) $38 during fiscal year 1999; ceeding fiscal year. all motions to suspend the rules, but ‘‘(iv) $17 during fiscal year 2000; and ‘‘(3) LIMITATION; DEPOSIT OF FEES.—Except as not before 5 p.m. today. ‘‘(v) $0 during fiscal year 2001 or any succeed- provided in paragraph (4), no amounts shall be collected pursuant to this subsection (d) for any f ing fiscal year. ‘‘(B) LIMITATION; DEPOSIT.—Except as pro- fiscal year beginning before October 1, 2001, ex- SECURITIES AND EXCHANGE COM- vided in subparagraph (C), no amounts shall be cept to the extent provided in advance in appro- MISSION AUTHORIZATION ACT collected pursuant to this paragraph (4) for any priations Acts. Fees collected during any such OF 1996 fiscal year except to the extent provided in ad- fiscal year pursuant to this subsection shall be vance in appropriations acts. Fees collected dur- deposited and credited as offsetting collections Mr. OXLEY. Mr. Speaker, I move to ing any fiscal year pursuant to this paragraph to the account providing appropriations to the suspend the rules and pass the bill shall be deposited and credited as offsetting col- Commission, except that any amounts in excess (H.R. 2972) To authorize appropriations lections in accordance with appropriations Acts. of the following amounts (and any amount col- for the Securities and Exchange Com- ‘‘(C) LAPSE OF APPROPRIATIONS.—If on the lected for fiscal years beginning on or after Oc- mission, to reduce the fees collected first day of a fiscal year a regular appropriation tober 1, 2001) shall be deposited and credited as general revenues of the Treasury: under the Federal securities laws, and to the Commission has not been enacted, the Commission shall continue to collect fees (as off- ‘‘(A) $20,000,000 for fiscal year 1997; for other purposes, as amended. ‘‘(B) $26,000,000 for fiscal year 1998; The Clerk read as follows: setting collections) under this paragraph at the rate in effect during the preceding fiscal year, ‘‘(C) $32,000,000 for fiscal year 1999; H.R. 2972 until such a regular appropriation is enacted.’’. ‘‘(D) $32,000,000 for fiscal year 2000; Be it enacted by the Senate and House of Rep- ‘‘(E) $32,000,000 for fiscal year 2001; and SEC. 5. TRANSACTION FEES. ‘‘(F) $0 for fiscal year 2002 and any succeed- resentatives of the United States of America in (a) AMENDMENT.—Section 31 of the Securities Congress assembled, ing fiscal year. Exchange Act of 1934 (15 U.S.C. 78ee) is amend- ‘‘(4) LAPSE OF APPROPRIATIONS.—If on the SECTION 1. SHORT TITLE. ed to read as follows: first day of a fiscal year a regular appropriation This Act may be cited as the ‘‘Securities and ‘‘SEC. 31. TRANSACTION FEES. to the Commission has not been enacted, the Exchange Commission Authorization Act of ‘‘(a) RECOVERY OF COST OF SERVICES.—The Commission shall continue to collect fees (as off- 1996’’. Commission shall, in accordance with this sub- setting collections) under this subsection at the SEC. 2. PURPOSES. section, collect transaction fees that are de- rate in effect during the preceding fiscal year, The purposes of this Act are— signed to recover the costs to the Government of until such a regular appropriation is enacted. (1) to authorize appropriations for the Securi- the supervision and regulation of securities mar- ‘‘(e) DATES FOR PAYMENT OF FEES.—The fees ties and Exchange Commission for fiscal year kets and securities professionals, and costs re- required by subsections (b), (c), and (d) of this 1997; and lated to such supervision and regulation, in- section shall be paid— (2) to reduce over time the rates of fees cluding enforcement activities, policy and rule- ‘‘(1) on or before March 15, with respect to charged under the Federal securities laws. making activities, administration, legal services, transactions and sales occurring during the pe- SEC. 3. AUTHORIZATION OF APPROPRIATIONS. and international regulatory activities. riod beginning on the preceding September 1 Section 35 of the Securities Exchange Act of ‘‘(b) EXCHANGE-TRADED SECURITIES.—Every and ending at the close of the preceding Decem- 1934 is amended to read as follows: national securities exchange shall pay to the ber 31; and March 12, 1996 CONGRESSIONAL RECORD — HOUSE H2051 ‘‘(2) on or before September 30, with respect to Currently the SEC takes in over $600 David Cavicke has been extremely helpful transactions and sales occurring during the pe- million in fees annually, and costs ap- in this important initiative. We look forward riod beginning on the preceding January 1 and proximately $300 million to run. This to working with you and your staff toward ending at the close of the preceding August 31. surplus in fee revenue over the cost of final passage of this authorization legisla- ‘‘(f) EXEMPTIONS.—The Commission, by rule, tion. may exempt any sale of securities or any class of running the agency amounts to a tax Sincerely, sales of securities from any fee imposed by this on capital paid by all investors—in- ARTHUR LEVITT. section, if the Commission finds that such ex- cluding small investors investing in in- emption is consistent with the public interest, dividual retirement accounts for their HOUSE OF REPRESENTATIVES, the equal regulation of markets and brokers and retirement. Members of both parties COMMITTEE ON WAYS AND MEANS, dealers, and the development of a national mar- are rightly concerned with promoting Washington, DC, March 8, 1996. ket system. savings and growth, and this tax on Hon. THOMAS J. BLILEY, Jr., ‘‘(g) PUBLICATION.—The Commission shall capital represents an impediment to Chairman, Committee on Commerce, Washington, DC. publish in the Federal Register notices of the fee that growth. With the cooperation of rates applicable under this section for each fis- DEAR MR. CHAIRMAN: I am writing to you cal year.’’. Chairman ROGERS of the Commerce, today to thank you for working with me on (b) EFFECTIVE DATES; TRANSITION.— Justice, State, and Judiciary Sub- issues of jurisdictional concern to the Com- (1) IN GENERAL.—Except as provided in para- committee of the Appropriations Com- mittee on Ways and Means regarding H.R. graph (2), the amendment made by subsection mittee, and Chairman ARCHER of the 2972, the Securities and Exchange Commis- (a) shall apply with respect to transactions in Ways and Means Committee, we have sion Authorization Act of 1996. In light of the securities that occur on or after January 1, 1997. been able to work out a sensible plan agreement reached between you, Chairman (2) OFF-EXCHANGE TRADES OF LAST SALE RE- Rogers, and me to phase down the rate of to reduce these fees. We also have certain SEC fees, I am proud to cosponsor PORTED TRANSACTIONS.—The amendment made agreed on a procedure for more orderly by subsection (a) shall apply with respect to this legislation with you. transactions described in section 31(d)(1) of the and certain funding of the SEC. I am As you know, I am strongly committed to Securities Exchange Act of 1934 (as amended by pleased that the legislation has the protecting the jurisdictional interests of the subsection (a) of this section) that occur on or support and cosponsorship of my Committee on Ways and Means and to ensur- after September 1, 1996. friends, JOHN DINGELL, ranking mem- ing that all revenue measures are properly referred to this Committee. To this end, the (3) RULE OF CONSTRUCTION.—Nothing in this ber of the Commerce Committee, and subsection shall be construed to affect the obli- Committee on Ways and Means relies upon ED MARKEY, ranking member of the the statement issued by Speaker Foley in gation of national securities exchanges and reg- Telecommunications and Finance Sub- istered brokers and dealers under section 31 of January 1991 (and reiterated by Speaker the Securities Exchange Act of 1934 (15 U.S.C. committee of the Commerce Commit- Gingrich on January 4, 1995) regarding the 78ee) as in effect prior to the amendment made tee. Additionally, I have received a let- jurisdiction of the House Committees with by subsection (a) to make the payments required ter from Chairman LEVITT of the SEC respect to fees and revenue measures. Pursu- by such section on March 15, 1997. endorsing the legislation. ant to that statement, the Committee on Mr. Speaker, I include for the Ways and Means generally will not assert ju- SEC. 6. TIME FOR PAYMENT. risdiction over ‘‘true’’ regulatory fees that RECORD this letter from Chairman Section 4(e) of the Securities Exchange Act of met the following requirements: 1934 (15 U.S.C. 78d(e)) is amended by inserting Levitt, and letters addressed to the (i) The fees are assessed and collected sole- before the period at the end thereof the follow- chairman of the committee, the gen- ly to cover the costs of specified regulatory ing: ‘‘and the Commission may also specify the tleman from Virginia [Mr. BLILEY]. activities (not including public information time that such fee shall be determined and paid U.S. SECURITIES AND activities and other activities benefiting the relative to the filing of any statement or docu- EXCHANGE COMMISSION, public in general); ment with the Commission’’. Washington, DC, February 27, 1996. (ii) The fees are assessed and collected only SEC. 7. SENSE OF THE CONGRESS CONCERNING in such manner as may reasonably be ex- Hon. THOMAS J. BLILEY, Jr., FEES. Chairman, Committee on Commerce, pected to result in an aggregate amount col- It is the sense of the Congress that— Washington, DC. lected during any fiscal year which does not (1) the fees authorized by the amendments DEAR TOM: I write to offer my support and exceed the aggregate amount of the regu- made by this Act are in lieu of, and not in addi- endorsement of the ‘‘Securities and Ex- latory costs referred to in (i) above; (iii) The only persons subject to the fees tion to, any fees that the Securities and Ex- change Commission Authorization Act of are those who directly avail themselves of, change Commission is authorized to impose or 1996.’’ Thank you for your strong leadership or are directly subject to, the regulatory ac- collect pursuant to section 9701 of title 31, Unit- and the support of Chairman Fields, Rogers ed States Code; and tivities referred to in (i) above; and and Archer in designing a creative approach (iv) The amounts of the fees (a) are struc- (2) in order to maintain the competitiveness of to the SEC’s funding both on a short-term United States securities markets relative to for- tured such that any person’s liability for and long term basis. such fees is reasonably based on the propor- eign markets, no fee should be assessed on Your proposed resolution to the perennial tion of the regulatory activities which relate transactions involving portfolios of equity secu- problem of SEC funding and fees is perhaps to such person, and (b) are nondiscrim- rities taking place at times of day characterized the most important aspect of the ‘‘Securities inatory between foreign and domestic enti- by low volume and during non-traditional trad- and Exchange Commission Authorization ing hours. ties. Act of 1996.’’ The funding mechanism for the Additionally, pursuant to the Speaker’s The SPEAKER pro tempore. Pursu- SEC would reduce Section 6(b) fees over a statement, the mere reauthorization of a ant to the rule, the gentleman from five-year period and expand existing securi- preexisting fee that had not historically been Ohio [Mr. OXLEY] and the gentleman ties transaction fees to the over-the-counter considered a tax would not necessarily re- market, recognizing that the Commission from Massachusetts [Mr. MARKEY] will quire a sequential referral to the Committee also oversees those markets. Under your pro- on Ways and Means. However, if such a pre- each be recognized for 20 minutes. posal, the SEC also has agreed to act to The Chair recognizes the gentleman existing fee were fundamentally changed, it eliminate fees that it collects pursuant to properly should be referred to the Commit- from Ohio [Mr. OXLEY]. the Independent Offices Appropriation Act of tee on Ways and Means. Mr. OXLEY. Mr. Speaker, I yield my- 1952 (‘‘IOAA fees’’), which include a fee of The fees described in H.R. 2972 clearly do self such time as I may consume. $250 that must be paid in connection with fil- not meet all four requirements set forth (Mr. OXLEY asked and was given ings of annual reports and certain periodic above. If they were being newly created or permission to include extraneous mate- filings. Finally, the SEC would gradually were fundamentally different from existing rial.) move from reliance on increased offsetting fees, the Committee on Ways and Means Mr. OXLEY. Mr. Speaker, today I am fees towards full appropriation status. The would ask that they be referred to it, in ac- Commission believes that adoption of this cordance with its jurisdictional prerogative. pleased to rise in support of H.R. 2972, approach provides a long-term solution to However, the Committee on Ways and Means the SEC Reauthorization Act of 1996. the SEC’s funding problems. understands that these fees have been in This legislation provides a long-term Finally, the premier aspects of the SEC place for many decades and are not being mechanism for funding the SEC. In ad- Authorization Bill is that it enables us to fundamentally changed by H.R. 2972. Fur- dition, it reduces the fees charged by maintain our vigorous programs to both pro- ther, H.R. 2972 provides that the fee struc- the SEC by over $751 million dollars tect investors and ensure that the capital ture eventually will reflect the four require- through 2002. Members of both parties formation system in the U.S. markets is effi- ments set forth above. Therefore, it is not cient. This legislation will help the agency have expressed concern with the necessary for the Committee on Ways and avoid the funding problems it has had in the Means to assert its jurisdictional interest at amount of fee revenue collected by the past, and enable the SEC to be funded en- this time. SEC, which currently is more than tirely through appropriations by the year However, I would emphasize that, if the fee double the cost of running the agency. 2001. structure set forth in H.R. 2972 is modified in H2052 CONGRESSIONAL RECORD — HOUSE March 12, 1996 the future, the Committee on Ways and Mr. OXLEY. Mr. Speaker, I also want to believe that the mission of the Secu- Means will take all action necessary to pro- to pay special tribute to Chairman rities and Exchange Commission—to tect its proper jurisdictional interest. For Levitt for his leadership on this very protect the Nation’s 100 million inves- example, the Committee on Ways and Means tors and to ensure fair and orderly will view any modification as falling within important issue. Without his help and its jurisdiction if such modification would guidance, Mr. Speaker, we would not be markets—is so vital to our national in- result in fee collections in excess of the here today with this I think very his- terests that the Commission should be amount required to fund the relevant regu- toric legislation. self-funded, subject to annual Congres- latory activities of the Securities and Ex- Mr. Speaker, pursuant to this legisla- sional approval of its budget. Although change Commission. tion, SEC fees are reduced by $751 mil- I will continue to support the self-fund- With regard to budgetary issues, I am con- lion between fiscal years 1997 to 2002. ing concept, I am satisfied that the cerned about any legislation that may wors- Thereafter, SEC fees will be at least proposal before us today is a signifi- en the pay-as-you-go accounts, thus threat- ening a sequester. I understand that the Con- $256 million lower per annum than they cant step in the right direction, and I gressional Budget Office believes that H.R. would be under current law. am pleased to endorse it. 2972 will not create a debit on the pay-go ac- Of equal importance is the fact that I am somewhat less sanguine about counts or a potential sequester of entitle- Chairman ROGERS has agreed to work the size of the SEC budget as con- ment programs. I also understand that H.R. with us to provide a more stable fund- templated by the legislation. In light 2972 will not increase the deficit within the ing mechanism for the SEC, so the of the record levels of investment in current budget window. I very much appre- Commission can focus on doing its im- our markets, the unprecedented num- ciate your cooperation in solving these budg- portant work rather than devoting ber of new investors attracted to them, etary problems for purposes of House consid- the complexity of many of the securi- eration of H.R. 2972. time to the problems of funding its op- Finally, I would respectfully request that erations. As SEC fees are reduced, the ties that are sold, the increasingly so- you include a copy of this letter in the SEC will be increasingly funded by an phisticated marketing techniques used Record during consideration of H.R. 2972 on appropriation. By 2002, the SEC will be to sell them, and the growing volatility the Floor. I wish to thank you again, Mr. entirely funded by means of an appro- the market is experiencing as we at- Chairman, for your full cooperation and the priation. Fees collected by the SEC tempt to adjust to the remarkable alti- cooperation of your staff. With best personal will approximately equal the cost of tudes we have recently reached, the regards, running the agency, and will be depos- commitment of additional resources to Sincerely, this remarkable agency would cer- BILL ARCHER, ited in the Treasury as general reve- Chairman. nue. tainly be justified. This legislation will begin to solve Here are some facts and figures HOUSE OF REPRESENTATIVES, the problems associated with funding worth keeping in mind when thinking COMMITTEE ON APPROPRIATIONS, the SEC. It will also eliminate the sur- about the SEC’s budget. In 1940, the Washington, DC, March 12, 1996. plus in SEC fees which constitutes a SEC had 1,400 full-time staff. Fifty-six Hon. THOMAS J. BLILEY, Jr., tax on our capital markets. I urge its years later, the SEC has 2,800 full-time Chairman, Committee on Commerce, support by the House. staff. In 1940, the typical daily trading Washington, DC. Mr. Speaker, I reserve the balance of volume on the New York Stock Ex- DEAR MR. CHAIRMAN. As you know, I am a cosponsor of H.R. 2972, the Securities and Ex- my time. change could be counted in the thou- change Commission Authorization Act of Mr. MARKEY. Mr. Speaker, I yield sands. Today, an average day involves 1996. I believe it is important that, working myself such time as I may consume. 400 million shares, and the New York together, we find a way to end the uncer- Mr. Speaker, I am pleased to rise this Stock Exchange has increased its ca- tainty about the SEC’s funding that has been afternoon to join with Commerce Com- pacity to handle well over a billion a continuing problem in the past several mittee Chairman BLILEY, Subcommit- shares a day. Another 450 million years. tee Chairman JACK FIELDS, and the shares are traded on the NASDAQ, rep- H.R. 2972 provides for a gradual reduction ranking Democrat on the Commerce in the amount of SEC fees that will be avail- resenting interests in more than 5,000 able to support the SEC’s operating budget Committee, JOHN DINGELL, in support companies. over a six year period. This will require that of the Securities and Exchange Com- Of course the NASDAQ didn’t even the amount of discretionary funds required mission’s authorization for fiscal year exist in 1940—it was invented in 1972. just to support the SEC’s budget at its cur- 1997. Each of them deserve praise for Derivatives didn’t exist in 1940 either— rent level will have to be increased by an es- their efforts to develop a solution to nor did money market funds, mort- timated $25–35 million each year. the persistent problem of how to pro- gage-backed securities, bond funds, This amount of an increase each year will vide a stable funding mechanism for be a challenge, during an era when the hedge funds, junk bonds, penny stocks, amount of overall discretionary funds avail- the SEC—an agency long recognized by stock options, program trading, finan- able to the Appropriations Committee will Members of both parties as one of the cial futures, poison pills, or triple be declining, as we seek to balance the budg- most effective, efficient and essential witching hours. et in seven years. Nonetheless, the Commit- anywhere in Government. I’ve addressed the funding mecha- tee is prepared to try to the best of our abil- The funding mechanism con- nism in the bill as well as my concern ity to make that happen, in the interest of templated by the bill is workable and about the SEC budget. Let me briefly bringing to a closure the past years of uncer- responsible, and deserves broad biparti- touch upon why the soundness of our tainty about how the SEC will be funded. san support. Most significantly, it re- However, I believe that this is the maxi- system of securities regulation is so mum amount we will be in a position to at- moves the temptation that has seduced important, and why trendy proposals tempt to accomplish. As this bill moves for- administrations, past and present, to to sweep away important aspects of se- ward, in working with the Senate, I would view securities registration fees as a curities laws need to be considered simply make the point that a more rapid source of general revenues. Especially carefully, lest they lead to unintended phase-out in the amount of fees available to during the bull market of the last 6 and possibly devastating consequences. support the SEC budget would probably be years, these fees have greatly exceeded For a rapidly growing number of unworkable. the size of the SEC’s overall budget. Americans, and a vastly higher per- I appreciate the opportunity to work with I am, of course, reluctant to see reve- you and Chairman Archer, and I congratu- centage of the population than in 1940, late you on bringing this bill to the floor. I nues cut at a time when some are seek- hopes for the future—dreams of being would respectfully request that you include ing to slash the resources made avail- able to send a child to college, to buy a copy of this letter in the Record during able to support our children’s edu- a new home, or to retire in dignity— consideration of H.R. 2972 on the Floor. cation, our elderly’s right to retire are increasingly dependent on the sta- With best regards, with dignity, and every person’s right bility, integrity, and success of our fi- Sincerely, to a clean environment. At the same nancial markets. Indeed, this growing HAROLD ROGERS, time however, we must be certain that dependence by individuals on the suc- Chairman, Subcommit- tee on the Depart- the gamesmanship that has surrounded cess of the market may be a stealth ments of Commerce, SEC budget deliberations for the last contributor to middle class Americans’ Justice, and State, several years is ended permanently. growing anxiety about the future. the Judiciary, and Notwithstanding my support for the For tens of millions of Americans Related Agencies. bill coming before us today, I continue with stakes in the market through a March 12, 1996 CONGRESSIONAL RECORD — HOUSE H2053 pension plan or mutual fund, the effec- ing Member DINGELL and Mr. MARKEY of Mas- Mr. MARKEY. Mr. Speaker, I have no tiveness and safety of our markets, and sachusetts for their work on this piece of legis- other requests for time, and I yield the existence of a vital and vigorous lation that meets this Congress' objectives of back the balance of my time. SEC, is neither an abstract nor an ideo- proper market oversight and fiscal prudence. Mr. OXLEY. Mr. Speaker, I have no logical issue. H.R. 2972 is an excellent example of good further requests for time, and I yield The important bill brought before us government crafted with bipartisan interests back the balance of my time. today recognizes the crucial role that taken into account. I would like to commend The SPEAKER pro tempore (Mr. the SEC plays in promoting fair, hon- SEC Chairman Arthur Levitt for accepting the CAMP). The question is on the motion est, and successful capital markets. challenges that this tight budget will impose offered by the gentleman from Ohio upon an agency that watches over a larger b 1530 [Mr. OXLEY] that the House suspend herd than ever. the rules and pass the bill. H.R. 2972, as Again, I applaud the work of the gen- As more and more Americans choose the amended. tleman from Virginia [Mr. BLILEY], securities markets to augment their incomes, it The question was taken; and (two- chairman, the gentleman from Texas is necessary to maintain the safeguards that thirds having voted in favor thereof) [Mr. FIELDS], chairman, and all on the make U.S. markets the best. the rules were suspended and the bill, majority side who worked in a biparti- This bill ensures that our regulatory struc- as amended, was passed. san fashion, especially the gentleman ture remains sensible, reasonable and cost-ef- A motion to reconsider was laid on from Ohio [Mr. OXLEY], so that we fective so that the U.S. marketplace remains the table. could bring this bill out here today. I vigorous, efficient and attractive to capital for- f speak for the gentleman from Michigan mation. I am confident that the SEC will main- [Mr. DINGELL], the distinguished rank- tain a regulatory environment that encourages GENERAL LEAVE capital formation for small entrepreneurial ing member, in extending our plaudits Mr. OXLEY. Mr. Speaker, I ask unan- businesses, which drive the U.S. economy in to the majority for their work. imous consent that all Members may most states like New Mexico. This has been done in a bipartisan have 5 legislative days within which to fashion, working in close cooperation Finally, the reliance on U.S. equity markets to play a role in the income of average Ameri- revise and extend their remarks on with Chairman Levitt of the Securities H.R. 2972, the bill just passed. and Exchange Commission and their cans requires vigilant enforcement of sound rules that ensure investor protection and the The SPEAKER pro tempore. Is there staff to ensure that we could produce a objection to the request of the gen- budget that would give predictable maintenance of the integrity and honesty of the U.S. capital markets. tleman from Ohio? sources of revenue to the SEC for their There was no objection. very important mission, especially in In July of 1993, Chairman Levitt requested these coming months and years when approximately $317 million for fiscal year f 1995. It is noteworthy and, indeed, a credit to the aerodynamics of the existing mar- FEDERAL AVIATION ADMINISTRA- the Chairman and the administration's efforts ket may in fact come into question and TION REVITALIZATION ACT OF to ``reinvent'' government that we sit here we have to ensure that we have got an 1995 agency there that can manage the con- today and request the same amount of money Mr. SHUSTER. Mr. Speaker, I move sequences at that time. for fiscal year 1997. Clearly, this stands as to suspend the rules and pass the bill Mr. Speaker, I reserve the balance of evidence that we can get better government (H.R. 2276), as amended, to establish my time. for less money. The SEC has prepared itself for difficult fis- the Federal Aviation Administration Mr. OXLEY. Mr. Speaker, I yield cal times ahead by doubling its commitment to as an independent establishment in the such time as he may consume to the working with industry to provide cost-effective, executive branch, and for other pur- gentleman from Washington [Mr. efficient regulation in partnership with the pri- poses. WHITE]. vate sector. Despite tight budgetary limits, the The Clerk read as follows: Mr. WHITE. Mr. Speaker, I thank the Commission has focused on the essentials by gentleman for yielding me the time. H.R. 2276 fostering small businesses who need capital Mr. Speaker, this House and in par- Be it enacted by the Senate and House of Rep- formation to survive and grow. ticular our committee this year has resentatives of the United States of America in Our actions today signal to the American seen many hard bills but I am happy to Congress assembled, people that periodic review of agency oper- say that this is an easy bill. It is easy SECTION 1. SHORT TITLE. ations like that of the SEC can yield efficiency because it eliminates a surplus that This Act may be cited as the ‘‘Federal without drastic overhauls designed for political Aviation Administration Revitalization Act the SEC is collecting, saves a little appeal. The leadership of the subcommittee of 1995’’. money for the taxpayers. It makes sure and committee deserve our sport for endeav- SEC. 2. AMENDMENT OF TITLE 49, UNITED that the SEC is included under the ap- ors of this nature. STATES CODE. propriations process, as it ought to be Mr. OXLEY. Mr. Speaker, as an original co- Except as otherwise expressly provided, and as I think is appropriate. sponsor of the bill, I rise in support of this re- whenever in this Act an amendment or re- peal is expressed in terms of an amendment It is a bipartisan bill which we have authorization. I'm pleased to be considering it been able to work on with our Demo- to, or repeal of, a section or other provision, on today's suspension calendar. the reference shall be considered to be made cratic colleagues, and that is always a This bipartisan measure is a credit to its au- step in the right direction and, last but to a section or other provision of title 49, thor, Chairman TOM BLILEY, and the sub- United States Code. not least, it does some great things for committee chairman, JACK FIELDS. It brings co- SEC. 3. ESTABLISHMENT OF FEDERAL AVIATION my district. We consider ourselves in herence and stability to the issue of Securities ADMINISTRATION. the Seattle area to be the capital for- and Exchange Commission funding, while at Subtitle II is amended by adding at the end mation capital of the Pacific North- the same time providing well-deserved tax re- the following: west and of the entire Northwest Unit- lief to investors. It has the support of SEC ‘‘CHAPTER 13—FEDERAL AVIATION ed States. This will help us do in Se- Chairman Arthur Levitt. ADMINISTRATION attle what we need to do to make sure Currently, the SEC has a budget of approxi- ‘‘SUBCHAPTER I—GENERAL PROVISIONS we prosper and keep those capital mar- mately $300 million, but it collects nearly twice ‘‘1301. Definitions. kets running. that in fees annually. These are filing fees ‘‘SUBCHAPTER II—ORGANIZATION AND I was very happy to support this bill paid by pension funds, start-up companies, ADMINISTRATIVE in committee, and I am delighted to and individual investors. The excess fees ‘‘1311. Establishment. support it here on the floor. I would amount to a tax on capital formation. ‘‘1312. Federal Aviation Board. urge all my colleagues to do the same. This reauthorization puts the Commission ‘‘1313. Officers. Mr. RICHARDSON. Mr. Speaker, I rise in on-budget and phases out the surplus fees, ‘‘1314. Personnel management program. support of H.R. 2972, the Securities and Ex- saving investors more than $750 million over ‘‘1315. Management Advisory Committee. change Commission Reauthorization Act of the next 5 years. In so doing, it will promote ‘‘1316. Authority to carry out certain transferred 1996. I would like to commend Commerce investment, capital formation, and job creation. functions, duties, and powers. Chairman BLILEY, Telecommunications and Fi- Again, Mr. Speaker, I urge support for the ‘‘SUBCHAPTER III—AUTHORITY nance Subcommittee Chairman FIELDS, Rank- bill, and I yield back the balance of my time. ‘‘1331. Functions. H2054 CONGRESSIONAL RECORD — HOUSE March 12, 1996 ‘‘1332. Regulations. pointed by the President, by and with the ad- the Administration, including (except as pro- ‘‘1333. Finality of decisions; appeals. vice and consent of the Senate. The initial vided in section 1312(b)) the hiring and firing ‘‘1334. Procurement program. members of the Board shall be appointed as of employees, acquisition of facilities and ‘‘1335. Judicial review of actions in carrying out soon as practicable after the date of the en- equipment, issuance of rules, airworthiness certain transferred duties and actment of the Federal Aviation Administra- directives, and advisory circulars, prepara- powers. tion Revitalization Act of 1995. tion of the annual budget submission, the ‘‘SUBCHAPTER I—GENERAL PROVISIONS ‘‘(2) NON-VOTING MEMBERS.—The Secretary awarding of grants, and such other functions ‘‘§ 1301. Definitions of Transportation (or the Secretary’s des- as the Board considers appropriate. ‘‘In this chapter, the following definitions ignee) and the Secretary of Defense (or the ‘‘(3) REMOVAL.—The Chief Executive Offi- apply: Secretary’s designee) shall serve as non-vot- cer shall serve at the pleasure of the Board; ing members of the Board. except that the Board shall make every ef- ‘‘(1) ADMINISTRATION.—The term ‘Adminis- tration’ means the Federal Aviation Admin- ‘‘(d) QUALIFICATIONS.— fort to ensure stability and continuity in the istration established by section 1311. ‘‘(1) IN GENERAL.—Members appointed to leadership of the Administration. the Board under subsection (c)(1) shall rep- ‘‘(4) BASIC PAY.—Subject to section 1314(f), ‘‘(2) AERONAUTICS, AIR COMMERCE, AND AIR resent the public interest and shall be se- the Chief Executive Officer shall be paid at a NAVIGATION FACILITY.—The terms ‘aero- nautics’, ‘air commerce’, and ‘air navigation lected from individuals who are knowledge- rate to be determined by the Board. facility’ have the same meanings given those able in aviation. Members of the Board may ‘‘(b) OTHER OFFICERS.—Subject to the ap- terms in section 40102(a) of this title. not— proval of the Board, the Chief Executive Offi- ‘‘(A) have a pecuniary interest in, or own ‘‘(3) AIRPORT AND AIRWAY TRUST FUND.—The cer shall appoint other senior officers who term ‘Airport and Airway Trust Fund’ means stock in or bonds of, an aeronautical enter- shall each have such duties as the Chief Ex- the Airport and Airway Trust Fund estab- prise; ecutive Officer may prescribe. lished by section 9502 of the Internal Reve- ‘‘(B) engage in another business, vocation, ‘‘(c) CHIEF COUNSEL.—Subject to the ap- nue Code of 1986. or employment; and proval of the Board, the Chief Executive Offi- ‘‘(C) be a member of any organization a ‘‘(4) BOARD.—The term ‘Board’ means the cer shall appoint a Chief Counsel who shall Federal Aviation Board established by sec- substantial part of whose activities are for be the chief legal officer for all legal matters tion 1312. the purpose of influencing aviation-related arising from the activities of the Adminis- legislation. ‘‘(5) CHIEF EXECUTIVE OFFICER.—The term tration. ‘‘(2) DEFINITION.—In this subsection, the ‘Chief Executive Officer’ means the Chief Ex- ‘‘(d) INSPECTOR GENERAL.—There shall be ecutive Officer of the Federal Aviation Ad- term ‘influencing legislation’ has the mean- in the Administration an Inspector General ministration. ing such term has under section 4911(d) of who shall be appointed in accordance with the Internal Revenue Code of 1986 (26 U.S.C. ‘‘SUBCHAPTER II—ORGANIZATION AND the Inspector General Act of 1978 (5 U.S.C. 4911(d)). App.). ADMINISTRATIVE ‘‘(e) TERMS.— ‘‘(e) AIRCRAFT NOISE OMBUDSMAN.— ‘‘§ 1311. Establishment ‘‘(1) IN GENERAL.—Subject to paragraphs (2) ‘‘(1) ESTABLISHMENT.—There shall be in the ‘‘There is established in the executive and (3), each member of the Board appointed Administration an Aircraft Noise Ombuds- branch as an independent establishment the under subsection (c)(1) shall be appointed for man who shall be appointed by the Board. Federal Aviation Administration. The Ad- a term of 7 years. ‘‘(2) DUTIES AND RESPONSIBILITIES.—The ministration shall succeed the Federal Avia- ‘‘(2) TERMS OF INITIAL APPOINTEES.—As des- Ombudsman shall— tion Administration of the Department of ignated by the President at the time of ap- ‘‘(A) serve as a liaison with the public on Transportation in existence on the day be- pointment, of the members first appointed issues regarding aircraft noise; and fore the effective date of this section. under subsection (c)(1)— ‘‘(B) be consulted when the Administration ‘‘(A) 1 shall be appointed for a term of 3 ‘‘§ 1312. Federal Aviation Board proposes changes in aircraft routes so as to years; ‘‘(a) IN GENERAL.—There is established a minimize any increases in aircraft noise over ‘‘(B) 1 shall be appointed for a term of 5 Federal Aviation Board which shall serve as populated areas. the head of the Administration. years; and ‘‘(C) 1 shall be appointed for a term of 7 ‘‘§ 1314. Personnel management program ‘‘(b) FUNCTIONS.— years. ‘‘(1) IN GENERAL.—The Board shall be re- ‘‘(a) EXEMPTION FROM CERTAIN PROVISIONS sponsible for the major policy functions of ‘‘(3) VACANCIES.—Any member appointed OF TITLE 5, UNITED STATES CODE.— the Administration, including the following: under subsection (c)(1) to fill a vacancy oc- ‘‘(1) IN GENERAL.—Except as otherwise pro- ‘‘(A) The appointment and removal of the curring before the expiration of the term for vided in this Act, the Administration shall Chief Executive Officer and the approval of which the member’s predecessor was ap- be exempt from parts II and III of title 5. other senior officers of the Administration pointed shall be appointed only for the re- ‘‘(2) EFFECTIVE DATE.—The exemption pro- under section 1313. mainder of that term. A member may serve vided by paragraph (1) shall not take effect ‘‘(B) The approval and submission to Con- after the expiration of that member’s term until the expiration of the 180-period de- gress of major contracts under section until a successor has taken office. scribed in subsection (d)(2). ‘‘(f) REMOVAL.—Members of the Board ap- 1334(d). ‘‘(b) DEVELOPMENT OF PERSONNEL MANAGE- pointed under subsection (c)(1) may be re- ‘‘(C) The approval of major regulatory ac- MENT SYSTEM.— moved by the President for inefficiency, ne- tions under section 1332(b). ‘‘(1) IN GENERAL.—Not later than 180 days ‘‘(D) The issuance of letters of intent under glect of duty, or malfeasance in office. after the date of the enactment of the Fed- ‘‘(g) CHAIRPERSON.—The Chairperson of the section 47110(e). eral Aviation Administration Revitalization Board shall be appointed by the President, ‘‘(E) The approval and submission to Con- Act of 1995, the Board shall develop a person- by and with the advice and consent of the gress of the Administration’s plans for per- nel management system for the Administra- Senate. At the time of such appointment, sonnel management and acquisition manage- tion. the President shall establish the term of the ment programs under sections 1314 and 1334. ‘‘(2) CONSULTATION AND NEGOTIATION.—In Chairperson. Such term may not exceed the ‘‘(F) The approval of the agency’s annual developing the personnel management sys- term of the Chairperson’s appointment to budget submission. tem, the Board shall negotiate with the ex- the Board. ‘‘(G) Long-range and strategic planning for clusive bargaining representatives of em- ‘‘(h) QUORUM.—Two members of the Board the Administration. ployees of the Administration certified appointed under subsection (c)(1) shall con- ‘‘(H) The representation of the Administra- under section 7111 of title 5 and other em- stitute a quorum for carrying out the duties tion at public events to the extent prac- ployees of the Administration and shall con- and powers of the Board. ticable. sult with nongovernmental experts in per- ‘‘(i) BASIC PAY.— ‘‘(I) Such other significant actions as the sonnel management systems. The negotia- ‘‘(1) CHAIRPERSON.—The Chairperson of the Board considers appropriate. tion with the exclusive bargaining represent- Board shall be paid at a rate equal to the ‘‘(2) NONDELEGABLE FUNCTIONS.—The Board atives shall be completed on or before the rate of basic pay payable for level II of the may not delegate the functions described in 90th day after the date of enactment referred Executive Schedule. subparagraphs (A) through (F) of paragraph to in paragraph (1). ‘‘(2) OTHER MEMBERS.—The other voting (1). ‘‘(3) MEDIATION.—If the Board does not members of the Board shall be paid at a rate ‘‘(3) NOT SUBJECT TO ENTITIES CREATED BY reach an agreement under paragraph (2) with equal to the rate of basic pay payable for EXECUTIVE ORDER.—The Administration shall the exclusive bargaining representatives on level III of the Executive Schedule. not submit decisions for the approval of, and any provision of the personnel management shall not be bound by the decisions or rec- ‘‘§ 1313. Officers system, the services of the Federal Medi- ommendations of, any committee, board, or ‘‘(a) CHIEF EXECUTIVE OFFICERS.— ation and Conciliation Service shall be used other organization established by Executive ‘‘(1) APPOINTMENT.—The Board shall ap- to attempt to reach such agreement. If the order. point a Chief Executive Officer. services of the Federal Mediation and Concil- ‘‘(c) MEMBERSHIP.— ‘‘(2) DUTIES.—The Board shall delegate to iation Service do not lead to an agreement, ‘‘(1) VOTING MEMBERS.—The Board shall be the Chief Executive Officer the responsibil- the Board shall include in the plan to be sub- composed of 3 voting members to be ap- ity for managing the day-to-day operation of mitted to Congress under subsection (d) the March 12, 1996 CONGRESSIONAL RECORD — HOUSE H2055 objections of the exclusive bargaining rep- ‘‘(12) Chapter 89 (relating to health insur- sory Committee (hereinafter in this section resentatives and the reasons for the objec- ance). referred to as the ‘Management Advisory tions. ‘‘(f) PAY RESTRICTIONS.— Committee’). ‘‘(4) CONTINUATION OF AGREEMENTS.—Col- ‘‘(1) MAXIMUM RATE OF PAY.—No officer (in- ‘‘(b) MEMBERSHIP.—The Management Advi- lective bargaining agreements and labor cluding the Chief Executive Officer) or em- sory Committee shall consist of 17 members, management relations under chapter 71 of ployee of the Administration may receive who shall be appointed as follows: title 5 shall remain in effect for the Adminis- annual pay in excess of the annual rate of ‘‘(1) 1 member appointed by the Speaker of tration until amended or modified under the basic pay payable for level II of the Execu- the House of Representatives; personnel management system. tive Schedule unless the Board provides writ- ‘‘(2) 1 member appointed by the minority ‘‘(5) GOALS.—The goal of the personnel ten notification to Congress of such higher leader of the House of Representatives; management system to be developed by the rate of pay and 30 days (excluding Saturdays, ‘‘(3) 1 member appointed by the majority Board under paragraph (1) shall be to pro- Sundays, and holidays, and any day on which leader of the Senate; vide, consistent with the requirements of neither House of Congress is in session be- ‘‘(4) 1 member appointed by the minority this section, the Administration with the cause of an adjournment sine die, a recess of leader of the Senate; ability— more than 3 days, or an adjournment of more ‘‘(5) 13 members appointed by the Board 12 ‘‘(A) to hire and fire employees as in the than 3 days) have elapsed since the date of of whom shall represent 1 of the following in- private sector; such notification. terests: ‘‘(B) to promote and pay employees based ‘‘(2) PERCENTAGE OF EMPLOYEES ABOVE ‘‘(A) Airline passengers. on merit; LEVEL ES–1 OF SENIOR EXECUTIVE SERVICE.— ‘‘(B) General aviation and sport aviation. ‘‘(C) to provide market-based salaries (de- Not more than 0.35 percent of the officers ‘‘(C) Business aviation. signed to attract the best qualified employ- (including members of the Board and the ‘‘(D) Hub airports. ees) within available resources; Chief Executive Officer) and employees of ‘‘(E) Non-hub and general aviation air- ‘‘(D) to provide pay increases and other in- the Administration may be paid at a rate ports. centives to staff facilities that are difficult which equals or exceeds the rate payable for ‘‘(F) Major airlines and national airlines. to staff; level ES–1 of the Senior Executive Service. ‘‘(G) Regional airlines and air taxis. ‘‘(E) to move personnel to those facilities ‘‘(3) RAISES AND BONUSES.—No officer (in- ‘‘(H) Cargo airlines and charter airlines. where they are most needed; and cluding the Chief Executive Officer) or em- ‘‘(I) Aircraft manufacturers. ‘‘(F) to provide an opportunity for collec- ployee of the Administration who is paid at ‘‘(J) Airline employees. tive bargaining and other consultation with a rate which exceeds the rate payable for ‘‘(K) Federal Aviation Administration em- employees concerning terms and conditions level ES–1 of the Senior Executive Service ployees. of employment. may receive in a calendar year raises or bo- ‘‘(L) State aviation officials. ‘‘(6) SAFEGUARDS.—The personnel manage- nuses (excluding cost-of-living increases and ‘‘(c) FUNCTIONS.—The Management Advi- ment system shall include safeguards to en- increases that are the results of a pro- sory Committee shall provide advice and sure that travel expenses of employees of the motion) that total more than 15 percent of counsel to the Administration on issues Administration (including meal and lodging the annual rate of pay of the officer or em- which affect or are affected by the oper- expenses) are not excessive. ployee on the day before the first day of such ations of the Administration. The Manage- ‘‘(c) EXPERTS EVALUATION.—The arrange- calendar year. ment Advisory Committee shall hold quar- ments entered into by the Board with the ex- ‘‘(g) CONTRACTS BETWEEN FAA AND FORMER terly meetings. The Administration shall perts consulted by the Board under sub- FAA EMPLOYEES.—Before the Administra- give the Management Advisory Committee section (b) shall provide for those experts to tion may enter into a contract with an indi- access to internal documents (other than evaluate the personnel management system vidual who has been employed by the Admin- proprietary information and documents re- developed by the Board and submit to Con- istration at any time during the 2-year pe- lating to on-going litigation) and personnel gress the results of such evaluation before riod preceding the expected date of entry of the Administration. The Management Ad- the last day of the 180-day period referred to into the contract or with a corporation, visory Committee shall function as an over- in subsection (b)(1). partnership, or other entity in which such a sight resource for management, policy, former employee is a partner, principal offi- ‘‘(d) NOTICE TO CONGRESS.— spending, and regulatory matters under the cer, or majority stockholder or which is oth- ‘‘(1) IN GENERAL.—Upon development of the jurisdiction of the Administration. personnel management system under sub- erwise controlled or predominantly staffed ‘‘(d) CHAIRMAN.—The Management Advi- section (b), the Board shall submit to Con- by 1 or more of such former employees, the sory Committee shall elect a chairman of gress a comprehensive plan describing the Board must first approve of the entry into the Management Advisory Committee from personnel management system, along with the contract as being essential to the mis- among its members. all existing or proposed rules or regulations sion of the Administration. ‘‘(e) TERMS OF MEMBERS.— ‘‘(h) USE OF UNOBLIGATED AMOUNTS FOR BO- relevant to the system. ‘‘(1) MEMBERS APPOINTED BY CONGRESS.— NUSES AND DEFICIT REDUCTION.— ‘‘(2) IMPLEMENTATION.—The Board may Members appointed under subsections (b)(1) ‘‘(1) IN GENERAL.—Of amounts available to begin to implement the personnel manage- through (b)(4) shall be appointed for a term the Administration specifically for adminis- ment system only after the expiration of the of 2 years. trative expenses for a fiscal year beginning 180-day period that begins on the date of sub- ‘‘(2) MEMBERS APPOINTED BY THE BOARD.— after September 30, 1996, that the Adminis- mission of the plan to Congress under para- Members appointed under subsection (b)(5) tration estimates on September 1 of that fis- graph (1). shall be appointed for a term of 3 years. cal year will not be obligated by an office of ‘‘(f) TRAVEL AND PER DIEM.—Each member ‘‘(e) EMPLOYEE RIGHTS AND BENEFITS.— the Administration before the end of the fis- Nothing in this section shall be construed as of the Management Advisory Committee cal year— exempting the Administration and employ- shall be paid actual travel expenses, and per ‘‘(A) the Board may use up to 50 percent to ees of the Administration from any of the diem in lieu of subsistence expenses when pay bonuses to personnel of such office of the following provisions of title 5: away from his or her usual place of resi- Administration; and ‘‘(1) Section 2302(b)(8) (relating to whistle- dence, in accordance with section 5703 of ‘‘(B) the remainder shall be divided be- blower protection) and related enforcement title 5. tween and deposited in— provisions. ‘‘(g) UTILIZATION OF PERSONNEL FROM ‘‘(i) the general fund of the Treasury and ‘‘(2) Sections 3308 through 3320 (relating to FAA.—The Administration shall make avail- used exclusively for deficit reduction; and veterans preference). able to the Management Advisory Commit- ‘‘(ii) the Airport and Airway Trust Fund; ‘‘(3) Sections 7311(3) and 7311(4) (relating to tee such staff, information, and administra- limitations on the right to strike). in the same ratio that amounts appropriated tive services and assistance as may reason- ‘‘(4) Sections 2302(b)(1) and 7204 (relating to for operations of the Administration for that ably be required to enable the Management antidiscrimination) and related enforcement fiscal year from the General Fund of the Advisory Committee to carry out its respon- provisions and provisions of law referred to Treasury bears to amounts appropriated sibilities under this section. ‘‘(h) APPLICABILITY OF FEDERAL ADVISORY in section 2302(b)(1). from the Airport and Airway Trust Fund for COMMITTEE ACT.—The Management Advisory ‘‘(5) Chapter 71 (relating to labor-manage- that fiscal year. Committee shall be subject to the Federal ment relations). ‘‘(2) REPORTS.—The Director of the Office Advisory Committee Act (5 U.S.C. App.); ex- ‘‘(6) Chapter 73 (relating to suitability, se- of Management and Budget shall submit a cept that section 14(a)(2)(B) of such Act (re- curity, and conduct). report to Congress by not later than Decem- lating to the termination of advisory com- ‘‘(7) Chapter 81 (relating to compensation ber 31 of each year on the implementation of mittees) shall not apply to the Committee. for work injuries). this subsection in the preceding fiscal year, ‘‘(8) Chapter 83 (relating to retirement). describing the effectiveness of this sub- ‘‘§ 1316. Authority to carry out certain trans- ‘‘(9) Chapter 84 (relating to the Federal section in reducing the deficit. ferred functions, duties, and powers Employees’ Retirement System). ‘‘§ 1315. Management Advisory Committee ‘‘Except as otherwise provided in this ‘‘(10) Chapter 85 (relating to unemployment ‘‘(a) ESTABLISHMENT.—There is established chapter, in carrying out a function, duty, or compensation). an advisory committee which shall be known power transferred under the Federal Avia- ‘‘(11) Chapter 87 (relating to life insurance). as the Federal Aviation Management Advi- tion Administration Revitalization Act of H2056 CONGRESSIONAL RECORD — HOUSE March 12, 1996

1995 (including the amendments made by ‘‘(b) APPROVAL OF BOARD.— is likely to result in the annual expenditure such Act), the Administration has the same ‘‘(1) GENERAL RULE.—The Administration by State, local, and tribal governments in authority that was vested in the department, may only issue a proposed regulation, final the aggregate, or by the private sector, of agency, or instrumentality of the United regulation, airworthiness directive, or advi- $25,000,000 or more (adjusted annually for in- States Government carrying out the func- sory circular that may result in the expendi- flation) in any 1 year must contain an auto- tion, duty, or power immediately before the ture by State, local, and tribal governments matic termination date. The termination transfer. An action of the Administration in in the aggregate, or by the private sector, of date shall also apply to any advisory circular carrying out the function, duty, or power has $10,000,000 or more (adjusted annually for in- issued by the Administration and pertaining the same effect as when carried out by the flation) in any 1 year if the Board first ap- solely to such regulation. department, agency, or instrumentality. proves of the issuance of such regulation, di- ‘‘(e) EMERGENCY DEFINED.—In this section, ‘‘SUBCHAPTER III—AUTHORITY rective, or circular. the term ‘emergency’ means a situation ‘‘§ 1331. Functions ‘‘(2) EMERGENCY ACTION.—In an emergency, where there is good cause for finding that the Chief Executive Officer may issue a regu- ‘‘(a) IN GENERAL.—The functions of the consideration by the Board or by the Depart- lation, directive, or circular described in Federal Aviation Administration shall be all ment of Transportation is impracticable or paragraph (1) without prior Board approval functions vested in the Board, the Chief Ex- contrary to the public interest. but subject to Board ratification following ecutive Officer, or the Federal Aviation Ad- issuance. ‘‘§ 1333. Finality of decisions; appeals ministration by this title or by law enacted ‘‘(c) REVIEW BY DOT.— after the date of the enactment of this chap- ‘‘Decisions of the Administration made ‘‘(1) SUBMISSION.—Before the Administra- ter. Such functions include functions of the pursuant to the exercise of the functions tion issues any proposed or final regulation— Administration, the Board, and the Chief Ex- enumerated in subtitle VII of this title shall ‘‘(A) the Administration shall submit a ecutive Officer under the following provi- be administratively final, and appeals as cur- copy of the regulation to the Secretary of sions of this title: rently authorized by law shall be taken di- Transportation; rectly to the National Transportation Safety ‘‘(1) Section 308(b). ‘‘(B) the Administration shall provide the Board or to any court of competent jurisdic- ‘‘(2) Section 353. Secretary with a period of 5 days (excluding tion, as appropriate. ‘‘(3) Section 1114(d). Saturdays, Sundays, and holidays) beginning ‘‘(4) Section 1131(c). on the date of such submission to determine ‘‘§ 1334. Procurement program ‘‘(5) Subsections (c) and (d) of section 1132. whether or not the regulation is likely to ‘‘(a) EXEMPTION FROM PROCUREMENT ‘‘(6) Section 1135. have a significant effect on other modes of LAWS.— ‘‘(7) Section 1153(c). transportation in the national transpor- ‘‘(1) IN GENERAL.—The following laws and ‘‘(8) Subsections (a), (c), and (d) of section tation system or the Secretary’s aviation re- regulations shall not apply to the Federal 40101. sponsibilities, including national defense re- Aviation Administration: ‘‘(9) Section 40102(a)(8). sponsibilities; and ‘‘(A) Title III of the Federal Property and ‘‘(10) Section 40103(b). ‘‘(C) if the Secretary determines, before Administrative Services Act of 1949 (41 ‘‘(11) Section 40104. the last day of such 5-day period, that the ‘‘(12) Section 40105. regulation is likely to have such a signifi- U.S.C. 251–266). ‘‘(13) Section 40106(a). cant effect, the Administration shall provide ‘‘(B) The Office of Federal Procurement ‘‘(14) Section 40107. the Secretary with an additional period of 45 Policy Act (41 U.S.C. 401 et seq.). ‘‘(15) Section 40108. days to assess the effect of the regulation on ‘‘(C) The Federal Acquisition Streamlining ‘‘(16) Section 40109(b). other modes of transportation in the na- Act of 1994 (Public Law 103–355). ‘‘(17) Subsections (a) and (b) of section tional transportation system and the Sec- ‘‘(D) The Small Business Act (15 U.S.C. 631 40110. retary’s aviation responsibilities, including et seq.); except that the Administration shall ‘‘(18) Section 40111. national defense responsibilities. provide reasonable opportunities to small ‘‘(19) Section 40112. ‘‘(2) RECOMMENDATIONS.—The Secretary business concerns and small business con- ‘‘(20) Section 40113. may recommend to the Administration cerns owned and controlled by socially and ‘‘(21) Section 40114. modifications of a proposed or final regula- economically disadvantaged individuals to ‘‘(22) Section 40115. tion necessary to minimize the adverse ef- be awarded contracts. ‘‘(23) Section 40117. fect of such regulation on other modes of ‘‘(E) Subchapter V of chapter 35 of title 31 ‘‘(24) Section 40119. transportation in the national transpor- (relating to the procurement protest sys- ‘‘(25) Section 41714. tation system or the Secretary’s aviation re- tem). ‘‘(26) Chapter 441. sponsibilities, including national defense re- ‘‘(F) The Brooks Automatic Data Process- ‘‘(27) Chapter 443. sponsibilities. The Administration may ing Act (40 U.S.C. 759). ‘‘(28) Chapter 445. make any modifications recommended by ‘‘(G) Section 3709 of the Revised Statutes ‘‘(29) Chapter 447. the Secretary. If the Administration does of the United States (41 U.S.C. 5). ‘‘(30) Chapter 449. not make a modification recommended by ‘‘(H) The Federal Acquisition Regulation ‘‘(31) Chapter 451. the Secretary, the Administration shall in- and any laws not listed in subparagraphs (A) ‘‘(32) Chapter 453. clude in the publication of the proposed or through (G) providing authority to promul- ‘‘(33) Chapter 461. final regulation a description of the rec- gate regulations in the Federal Acquisition ‘‘(34) Section 46301. ommended modification and the reasons for Regulation. ‘‘(35) Section 46302. not making the modification. ‘‘(2) EFFECTIVE DATE.—The exemption pro- ‘‘(36) Section 46303. ‘‘(3) EXCEPTIONS.—This subsection shall vided by paragraph (1) shall not take effect ‘‘(37) Section 46304. not apply to the following types of regula- until the expiration of the 180-day period re- ‘‘(38) Section 46306. tions: ferred to in subsection (c)(2). ‘‘(39) Section 46308. ‘‘(A) Regulations pertaining to agency or- ‘‘(b) DEVELOPMENT OF ACQUISITION MANAGE- ‘‘(40) Section 46311. ganization, procedure, or practice. MENT SYSTEM.— ‘‘(41) Section 46313. ‘‘(B) Regulations pertaining solely to navi- ‘‘(1) IN GENERAL.—Not later than 180 days ‘‘(42) Section 46315. gational aids. after the date of the enactment of the Fed- ‘‘(43) Section 46316. ‘‘(C) Regulations pertaining solely to air- eral Aviation Administration Revitalization ‘‘(44) Chapter 465. space designations and configurations. Act of 1995, the Federal Aviation Board, in ‘‘(45) Chapter 471. ‘‘(D) Regulations pertaining solely to consultation with such nongovernmental ex- ‘‘(46) Chapter 473. standard instrument approach procedures. perts in acquisition management systems as ‘‘(47) Chapter 475. ‘‘(E) Regulations pertaining solely to air- the Board may employ, shall develop an ac- ‘‘(48) Chapter 481. craft design. quisition management system for the Ad- ‘‘(49) Chapter 491. ‘‘(F) Regulations pertaining to the person- ministration. ‘‘(b) INCIDENTAL FUNCTIONS.—In addition, nel management system developed under ‘‘(2) CONSULTATION.—In developing the ac- the functions of the Administration shall in- section 1314. quisition management system, the Board clude all functions of the Department of ‘‘(G) Regulations pertaining to the acquisi- shall consult nongovernmental experts in ac- Transportation on the effective date of this tion management system developed under quisition management systems. section which the Administration deter- section 1334. ‘‘(3) GOALS.—The acquisition management mines are incidental to, helpful to, or nec- ‘‘(4) EMERGENCY ACTION.—In an emergency, system to be developed by the Board under essary for the performance of the functions a regulation may take effect for the duration paragraph (1) shall be designed— referred to in subsection (a) or which relate of the emergency and before the Secretary ‘‘(A) to ensure that services are procured primarily to those functions. completes review of the regulation under and new equipment is installed and certified ‘‘§ 1332. Regulations this subsection, as determined necessary by as quickly as possible without sacrificing ‘‘(a) GENERAL AUTHORITY.—The Adminis- the Chief Executive Officer or the Board. principles of fairness and protection against tration may issue, rescind, and amend such ‘‘(d) AUTOMATIC TERMINATION DATE.—Any waste, fraud, and abuse; and regulations as are necessary to carry out its regulation issued by the Administration ‘‘(B) to ensure a common interoperable air functions. after the effective date of this section which traffic control system with the military. March 12, 1996 CONGRESSIONAL RECORD — HOUSE H2057

‘‘(4) EXPERTS EVALUATION.—The arrange- tation having jurisdiction over other modes ‘‘(f) COST-BENEFIT ANALYSIS.— ments entered into by the Board with the ex- of transportation are required to submit ‘‘(1) IN GENERAL.—For any regulation or perts consulted by the Board under para- their budgets to the Secretary of Transpor- standard to be issued under subsection (a) or graph (2) shall provide for those experts to tation, the Administration shall submit to (b) that is likely to result in annualized com- evaluate the acquisition management sys- the Secretary the budget prepared by the Ad- pliance costs in excess of $25,000,000, the Ad- tem developed by the Board and submit to ministration and approved by the Board. The ministration shall, in addition to other re- Congress the results of such evaluation be- Secretary shall review the budget and may quirements in law, identify and publish to- fore the last day of the 180-day period re- recommend to the Administration modifica- gether with such regulation or standard the ferred to in paragraph (1). tions in the budget necessary to ensure that following: ‘‘(c) NOTICE TO CONGRESS.— the budget is consistent with the needs of ‘‘(A) The benefits of the regulation or ‘‘(1) IN GENERAL.—Upon the development of the national transportation system and the standard, quantified where appropriate and the acquisition management system, the Secretary’s aviation responsibilities. The feasible, and otherwise qualitatively de- Board shall submit a comprehensive plan de- Administration may modify the budget to scribed, including in appropriate cases, the scribing the acquisition management system adopt any recommendation made by the Sec- nature and number of deaths or injuries that to Congress, along with all existing or pro- retary. the regulation or standard is designed to pre- posed rules or regulations relevant to the ‘‘(2) OPPORTUNITY FOR COMMENT.—At least vent. system. 30 days before submitting a budget to the ‘‘(B) The approximate number of aircraft, ‘‘(2) IMPLEMENTATION.—The Administration Secretary under paragraph (1), the Adminis- airports, airmen, or cabin crew affected by may begin to implement the acquisition tration shall submit a draft of the budget to the regulation or standard. management system only after the expira- the Management Advisory Committee estab- ‘‘(C) The probable cost of fulfilling the re- tion of the 180-day period that begins on the lished by section 1315 for comment. quirements of the regulation or standard, date on which the plan is submitted to Con- ‘‘(c) SUBMISSION OF BUDGET TO CONGRESS.— quantified where appropriate and feasible, gress under paragraph (1). The acquisition ‘‘(1) IN GENERAL.—When the Board submits and otherwise qualitatively described, in- management system shall apply to contracts to the President or the Director of the Office cluding in appropriate cases any adverse ef- entered into after the expiration of such 180- of Management and Budget any budget infor- fects on competition or disruption or dis- day period. mation, legislative recommendation, or com- location of air service or other commercial ‘‘(d) CONTRACTS.— ment on legislation about amounts author- practices engaged in by the entities affected ‘‘(1) APPROVAL OF CERTAIN CONTRACTS.—The ized in section 48101 or section 48102, the by such requirements. Administration may only enter into a con- Board concurrently shall submit a copy of ‘‘(D) Alternative means of achieving the tract that has a total contract value, includ- the information, recommendation, or com- objective of the regulation or standard while ing all options, of an amount greater than ment to the Speaker of the House of Rep- minimizing the costs, adverse effects on $100,000,000 if the Board first approves of the resentatives, the Committees on Transpor- competition, and the disruption or disloca- entry into the contract. tation and Infrastructure and Appropriations tion of air service or the commercial prac- ‘‘(2) NOTICE TO CONGRESS OF CERTAIN CON- of the House of Representatives, the Presi- tices affected by the regulation or standard TRACTS.—In addition to complying with dent of the Senate, and the Committees on and a statement as to why the Administra- paragraph (1), the Administration may only Commerce, Science, and Transportation and tion chose the regulation or standard adopt- enter into a contract that has a total con- Appropriations of the Senate. ed in preference to the alternatives consid- tract value, including all options, of an ‘‘(2) SPECIAL RULE WITH RESPECT TO ANNUAL ered. amount greater than $250,000,000 if the Board BUDGETS.—The annual budget of the Admin- ‘‘(2) EMERGENCY.—In the case of an emer- provides written notice to Congress of the istration submitted to Congress shall in- gency, the Chief Executive Officer or the proposed entry into the contract, together clude— Board may suspend the application of this with a description of the contract and at ‘‘(A) budget requests and Airport and Air- subsection for the duration of the emer- least 30 calendar days elapse after the date of way Trust Fund estimates for the ensuing 4 gency. such notification. fiscal years; ‘‘(3) NONAPPLICABILITY TO ADVISORY CIRCU- ‘‘§ 1335. Judicial review of actions in carrying ‘‘(B) a numerical ranking, by degree of im- LARS.—This subsection shall not apply to ad- out certain transferred duties and powers portance to the national airspace system, of visory circulars.’’. the Administration’s requests for funding of SEC. 6. AMENDMENT TO INSPECTOR GENERAL ‘‘(a) JUDICIAL REVIEW.—An action of the air traffic control modernization projects ACT OF 1978. Administration in carrying out a duty or under section 48101; Section 11 of the Inspector General Act of power transferred under the Department of ‘‘(C) the total number of man-years of di- 1978 (5 U.S.C. App.) is amended— Transportation Act (Public Law 89–670) and rect effort the Administration estimates it (1) in paragraph (1) by inserting ‘‘or Fed- under the Federal Aviation Administration will use under support service contracts (in- eral Aviation Administration’’ after ‘‘Com- Revitalization Act of 1995 and an action of cluding professional, technical, engineering, munity Service’’; and the Administrator of the Federal Aviation site preparation, and installation and other (2) in paragraph (2) by inserting ‘‘the Fed- Administration in carrying out a duty or services comparable to those performed by eral Aviation Administration,’’ after ‘‘Unit- power specifically assigned to the Adminis- Government employees, but not including ed States Information Agency,’’. trator by the Department of Transportation maintenance as part of a supply contract, Act and transferred to the Administration SEC. 7. PASSENGER FACILITY CHARGES. janitorial, research and development, or con- (a) FEE RETAINED BY AIRLINES.— by the Federal Aviation Administration Re- struction services or services incidental to vitalization Act of 1995 may be reviewed judi- (1) DEADLINE FOR RESPONSE TO PETITION.— supply contracts) during the fiscal year for Not later than 75 days after the date of the cially to the same extent and in the same which the budget is being submitted; way as if the action had been an action by enactment of this Act, the Administrator of ‘‘(D) any modifications made by the Ad- the Federal Aviation Administration shall the department, agency, or instrumentality ministration under subsection (b) with re- of the United States Government carrying issue a notice of a proposed rulemaking or a spect to the budget; and denial of the petition in Docket 27791 of the out the duty or power immediately before ‘‘(E) if the Administration does not adopt a the transfer. Federal Aviation Administration (relating to recommendation made by the Secretary increasing the fee that airlines retain in col- ‘‘(b) APPLICATION OF PROCEDURAL REQUIRE- under subsection (b), a description of the rec- MENTS.—A statutory requirement related to lecting passenger facility charges). ommendation and the reasons for not adopt- (2) EFFECT OF FAILURE TO RESPOND.—If the notice, an opportunity for a hearing, action ing the recommendation. on the record, or administrative review that Administrator does not respond to the peti- applied to a duty or power transferred by the Subparagraph (C) shall take effect with the tion in the docket referred to in paragraph Acts referred to in subsection (a) applies to budget submission for fiscal year 1997. The (1) as required by paragraph (1), the fee in- the Administration when carrying out the estimate under subparagraph (C) for such crease sought by the petitioner in such dock- duty or power.’’. budget submission shall include for compari- et shall become effective after the 75th day son the estimated total number of man-years referred to in paragraph (1) until such date SEC. 4. BUDGET OF ADMINISTRATION. of direct effort the Administration used as the Administrator responds to such peti- (a) IN GENERAL.—Section 48109 of title 49, under such support service contracts in each tion. United States Code, is amended to read as of fiscal years 1992 and 1995.’’. (b) REVIEW OF PROGRAM.—The Secretary of follows: (b) CONFORMING AMENDMENT.—The analysis Transportation shall complete the review re- ‘‘§ 48109. Budget information and legislative for chapter 481 is amended by striking the quired by section 121 of the Federal Aviation recommendations and comments item relating to section 48109 and inserting Administration Reauthorization Act of 1994 ‘‘(a) PREPARATION.—Subject to approval of the following: (108 Stat. 1581) not later than the 75th day the Federal Aviation Board, the Chief Execu- ‘‘48109. Budget information and legislative rec- following the date of the enactment of this tive Officer shall prepare an annual budget ommendations and comments.’’. Act. for the Administration. SEC. 5. COST-BENEFIT ANALYSIS FOR MINIMUM SEC. 8. SELECT PANEL TO REVIEW INNOVATIVE ‘‘(b) SUBMISSION OF BUDGET TO DOT.— SAFETY STANDARDS. FUNDING MECHANISMS. ‘‘(1) IN GENERAL.—At the same time that Section 44701 is amended by adding at the (a) ESTABLISHMENT.—The Federal Aviation agencies of the Department of Transpor- end the following: Board shall establish a select panel to review H2058 CONGRESSIONAL RECORD — HOUSE March 12, 1996 and report to Congress regarding innovative under this Act (including the amendments SEC. 12. TERMINATION OF FAA OF DOT. financing mechanisms for ensuring adequate made by this Act) are made functions of the The Federal Aviation Administration of funding for existing and future aviation in- Federal Aviation Administration established the Department of Transportation is termi- frastructure needs and for funding the oper- by section 1311 of title 49, United States nated. ations of the Federal Aviation Administra- Code; and SEC. 13. CORRESPONDING REDUCTIONS IN OF- tion in a manner that would provide for fu- (2) which are in effect on the effective date FICE OF SECRETARY. ture growth in the Nation’s air traffic sys- of this section, The Secretary of Transportation shall ter- tem, improve the management and perform- shall continue in effect according to their minate 200 employee positions in the Office ance of the air traffic control system, and terms until modified, terminated, super- of the Secretary to reflect reductions in the make the Administration more efficient and seded, set aside, or revoked in accordance aviation responsibilities in the Office of the effective. The financing mechanisms to be with law by the President, the Federal Avia- Secretary by enactment of this Act. reviewed shall include, but not be limited to, tion Board, or other authorized officials, by SEC. 14. CONFORMING AMENDMENTS. loan guarantees, financial partnerships with a court of competent jurisdiction, or by oper- (a) FEDERAL AVIATION ADMINISTRATION IN for-profit private sector entities, multi-year ation of law. DOT.— appropriations, revolving loan funds, manda- (b) PROCEEDINGS AND APPLICATIONS.—The (1) IN GENERAL.—Subject to paragraph (2), tory spending authority, authority to bor- provisions of this Act (including the amend- subsections (a) through (j) of section 106 are row, and restructured grant programs. ments made by this Act) shall not affect any repealed. (b) APPOINTMENT OF MEMBERS.—Not later proceedings or any application for any li- (2) TECHNICAL ADJUSTMENTS.— than 90 days after the date of the appoint- cense, permit, certificate, or financial assist- (A) IN GENERAL.—Subchapter II of chapter ment of at least 2 members of the Board, the ance pending on the effective date of this 13 (as inserted by section 3 of this Act) is Board shall appoint members to the panel es- section, and such proceedings and applica- amended— tablished under this section. Such members tions, to the extent that they relate to func- (i) by adding at the end the following new shall consist of appropriate Federal Govern- tions under this Act that are made functions section heading: ment officials and representatives of the of the Administration, shall be continued. ‘‘§ 1317. Civil Aeromedical Institute’’; and aviation industry, Administration employ- Orders shall be issued in such proceedings, ees, the financial community, and State and appeals shall be taken therefrom, and pay- (ii) by inserting the text of section 106(j) as local governments. ments shall be made pursuant to such orders, an undesignated paragraph under such sec- (c) INDEPENDENT AUDIT.—Immediately fol- as if this Act had not been enacted; and or- tion heading. lowing appointment of the panel, and utiliz- ders issued in any such proceedings shall (B) CHAPTER ANALYSIS AMENDMENT.—The ing funds appropriated for Federal Aviation continue in effect until modified, termi- analysis for such chapter is amended by add- Administration headquarters operations, the nated, superseded, or revoked by a duly au- ing after the item relating to section 1316 the panel shall contract with an entity independ- thorized official, by a court of competent ju- following: ent of the Federal Aviation Administration risdiction, or by operation of law. Nothing in ‘‘1317. Civil Aeromedical Institute.’’. and the Department of Transportation to this subsection shall be deemed to prohibit (3) AUTHORIZATION OF APPROPRIATIONS FOR conduct a complete audit of the financial re- the discontinuance or modification of any FAA OPERATIONS.— quirements of the agency, including antici- such proceeding under the same terms and (A) FISCAL YEAR 1996.—Section 106(k) is pated air traffic forecasts, other workload conditions and to the extent that such pro- amended by— measures, and estimated productivity gains ceeding could have been discontinued or (i) striking ‘‘(k) AUTHORIZATION OF APPRO- which lead to budgetary requirements. The modified if this Act had not been enacted. PRIATIONS FOR OPERATIONS.—’’; and independent audit shall be completed no (c) SUITS.— (ii) by striking ‘‘Secretary of Transpor- later than 180 days after contract award and (1) EFFECT ON PENDING SUITS.—The provi- tation’’ and inserting ‘‘Federal Aviation Ad- shall be submitted to the panel. sions of this Act (including the amendments ministration’’. (d) TRAVEL AND PER DIEM.—Each member made by this Act) shall not affect suits com- (B) CONFORMING AMENDMENT.—Effective of the panel established under this section menced prior to the effective date of this September 30, 1996, section 106, as amended shall be paid actual travel expenses, and per section. by this subsection, and the item relating to diem in lieu of subsistence expenses when (2) PROCEDURES.—In all suits commenced section 106 in the analysis for chapter 1 are away from his or her usual place of resi- prior to the effective date of this section, repealed. dence, in accordance with section 5703 of proceedings shall be had, appeals taken, and (b) GENERAL DUTIES AND POWERS OF THE title 5, United States Code. judgments rendered in the same manner and DEPARTMENT OF TRANSPORTATION.— (e) APPLICABILITY OF FEDERAL ADVISORY effect as if this Act had not been enacted. (1) LEADERSHIP, CONSULTATION, AND CO- COMMITTEES ACT.—The select panel estab- (d) ADMINISTRATOR.—If the Chief Executive OPERATION.—Section 301(6) is amended by lished under this section shall be subject to Officer of the Federal Aviation Administra- striking ‘‘, with particular attention to air- the Federal Advisory Committee Act (5 tion is not appointed by the Federal Avia- craft noise, and including’’ and inserting U.S.C. App.). tion Board on the effective date of this sec- ‘‘and’’. (f) REPORT.—Not later than 1 year after the tion, the person serving as the Adminis- (2) POLICY ON LANDS, WILDLIFE AND WATER- date of the appointment of the last member trator of the Federal Aviation Administra- FOWL REFUGES, AND HISTORIC SITES.—Section to the panel under subsection (b), the panel tion on the day before such effective date 303 is amended— shall submit to Congress and the Federal shall act as the Chief Executive Officer until (A) in subsection (b) by inserting ‘‘and the Aviation Administration a report on the re- the Chief Executive Officer is appointed as Federal Aviation Administration’’ after ‘‘of sults of the review conducted under this sec- provided in section 1313 of title 49, United Transportation’’; and tion. States Code. While so acting, such person (B) in subsection (c) by inserting ‘‘and Ad- SEC. 9. TRANSFER OF PERSONNEL, PROPERTY, shall receive compensation at the rate such ministration’’ after ‘‘Secretary’’. RECORDS, AND FUNDS. person was receiving on the day before such (3) REPORTS.—Section 308(b) is amended— So much of the personnel, property, effective date. (A) by striking ‘‘Secretary’’ the 1st place it records, funds, accounts, and unexpended (e) AGREEMENTS WITH DEPARTMENT OF DE- appears and inserting ‘‘Federal Aviation balances of appropriations, allocations, and FENSE.—Any agreement between the Federal Board’’; other funds of the Department of Transpor- Aviation Administration and the Depart- (B) by striking ‘‘Department’’ and insert- tation and the Federal Aviation Administra- ment of Defense in effect on the day before ing ‘‘Federal Aviation Administration’’; and tion as are employed, used, held, available, the date of the enactment of this Act shall (C) by striking ‘‘Secretary’’ the 2nd and 3rd or to be made available, in connection with remain in effect until terminated in accord- places it appears and inserting ‘‘Board’’. the functions which under this Act (includ- ance with the terms of such agreement. (4) MEMBERS OF THE ARMED FORCES.—Sec- ing the amendments made by this Act) are SEC. 11. LAWS AND REGULATIONS. tion 324 is amended— made functions of the Federal Aviation Ad- Except to the extent otherwise provided in (A) by striking subsection (a) and inserting ministration established by section 1311 of this Act (including the amendments made by the following: title 49, United States Code, are transferred this Act), all laws, rules, regulations, and ex- ‘‘(a) IN GENERAL.— to the Federal Aviation Administration. ecutive orders in effect and applicable to the ‘‘(1) FAA.—The Federal Aviation Adminis- SEC. 10. SAVINGS PROVISIONS. Federal Aviation Administration of the De- tration, to ensure that national defense in- (a) ORDERS, REGULATIONS, CONTRACTS, AND partment of Transportation and to the Ad- terests are safeguarded properly and that the CERTIFICATES.—All orders, determinations, ministrator of such Administration on the Administration is advised properly about the rules, regulations, permits, contracts, cer- day before the effective date of this Act needs and special problems of the armed tificates, licenses, and privileges— shall, on and after such effective date, be ap- forces, shall provide for participation of (1) which have been issued, made, granted, plicable to the Federal Aviation Administra- members of the armed forces in carrying out or allowed to become effective by the Presi- tion and the Federal Aviation Board estab- the duties and powers of the Administration dent or any Federal department or agency or lished by this Act (including the amend- related to the regulation and protection of official thereof or by a court of competent ments made by this Act), until such law, air traffic, including providing for, and re- jurisdiction, on or after the effective date of rule, regulation, or executive order is re- search and development of, air navigation fa- this section in regard to functions which pealed or otherwise modified or amended. cilities, and the allocation of airspace. March 12, 1996 CONGRESSIONAL RECORD — HOUSE H2059

‘‘(2) SECRETARY OF TRANSPORTATION.—The (vi) in subsection (d) by inserting after (iv) in subsection (c)(1) by inserting before Secretary of Transportation may provide for ‘‘Secretary’s’’ the following: ‘‘or Administra- the semicolon ‘‘and the Federal Aviation Ad- participation of members of the armed forces tion’s’’. ministration’’. in carrying out other duties and powers of (F) JUDICIAL REVIEW.—Section 1153(c) is (F) EMERGENCY POWERS.—Section 40106 is the Secretary.’’; and amended— amended— (B) in subsection (d) by inserting after (i) in the subsection heading by striking (i) in subsection (a)— ‘‘Transportation’’ each place it appears the ‘‘ADMINISTRATOR’’ and inserting ‘‘ADMINIS- (I) in paragraph (1) by striking ‘‘Adminis- following: ‘‘or Federal Aviation Administra- TRATION’’; trator of the’’; and tion’’. (ii) by striking ‘‘the Administrator of’’; (II) in paragraph (2) by striking ‘‘Adminis- (5) JUDICIAL REVIEW.—Section 351(a) is and trator’’ and inserting ‘‘Administration’’; and amended— (iii) by striking ‘‘Administrator’’ the sec- (ii) in subsection (b)(2) by inserting after (A) by striking ‘‘An’’ and inserting ‘‘Sub- ond and third places it appears and inserting ‘‘Secretary of Transportation’’ the following: ject to section 1335, an’’; and ‘‘Administration’’. ‘‘or the Federal Aviation Administration’’. (B) by striking ‘‘, the Federal Highway Ad- (G) CONFORMING AMENDMENT.—The analysis (G) PRESIDENTIAL TRANSFERS.—Section ministration, or the Federal Aviation Ad- to chapter 11 is amended by striking the 40107 is amended— ministration’’ and inserting ‘‘or the Federal item relating to section 1135 and inserting (i) in subsection (a) by striking ‘‘Adminis- Highway Administration’’. the following: trator of the’’; and (6) AUTHORITY TO CARRY OUT CERTAIN (ii) by striking ‘‘Administrator’’ each place TRANSFERRED DUTIES AND POWERS.—Section ‘‘1135. DOT’s and FAA’s responses to safety rec- it appears after the first and inserting ‘‘Ad- 352 is amended by striking ‘‘, the Federal ommendations.’’. ministration’’. Highway Administration, and the Federal (2) INTERMODAL TRANSPORTATION ADVISORY (H) TRAINING SCHOOLS.—Section 40108 is Aviation Administration’’ and inserting BOARD.—Section 5502(b) is amended to read amended— ‘‘and the Federal Highway Administration’’. as follows: (i) in subsection (a) by striking ‘‘Adminis- (7) TOXICOLOGICAL TESTING.—Section 353(a) ‘‘(b) MEMBERSHIP.—The Board consists of— is amended— trator of the’’; and (A) by inserting before ‘‘conducts’’ the fol- ‘‘(1) the Secretary, who serves as chair- (ii) by striking ‘‘Administrator’’ each place lowing: ‘‘or the Federal Aviation Adminis- man; it appears after the first and inserting ‘‘Ad- tration’’; ‘‘(2) the Chief Executive Officer of the Fed- ministration’’. (B) by inserting after ‘‘Department’’ the eral Aviation Administration or the Chief (I) AUTHORITY TO EXEMPT.—Section 40109(b) second place it appears ‘‘or Administration’’; Executive Officer’s designee; and is amended— and ‘‘(3) the Administrator, or the Administra- (i) by striking ‘‘Administrator of the’’; and (C) by inserting before ‘‘shall’’ each place tor’s designee, of— (ii) by striking ‘‘Administrator’’ the sec- it appears ‘‘or Chief Executive Officer of the ‘‘(A) the Federal Highway Administration; ond place it appears and inserting ‘‘Adminis- Administration’’. ‘‘(B) the Maritime Administration; tration’’. (c) FUNCTIONS OF FAA.— ‘‘(C) the Federal Railroad Administration; (J) GENERAL PROCUREMENT AUTHORITY.— (1) NATIONAL TRANSPORTATION SAFETY and Section 40110 is amended— BOARD.— ‘‘(D) the Federal Transit Administration.’’. (i) in subsection (a) by striking ‘‘Adminis- (A) DISCLOSURE OF DRUG TEST INFORMATION (3) GENERAL PROVISIONS RELATING TO AIR trator of the’’; TO NTSB.—Section 1114(d)(1) is amended— COMMERCE AND SAFETY.— (ii) in subsection (a)(1) by striking ‘‘Ad- (i) by inserting before ‘‘shall’’ the follow- (A) POLICY.—Section 40101 is amended— ministrator’’ and inserting ‘‘Administra- ing: ‘‘and the Federal Aviation Administra- (i) in subsection (a) by inserting after tion’’; tion’’; ‘‘Secretary of Transportation’’ the following: (iii) in subsection (b) by striking ‘‘Admin- (ii) in subparagraph (A) by inserting before ‘‘and the Federal Aviation Administration’’; istrator of’’ the first place it appears and in- ‘‘under post-accident’’ the following: ‘‘or the (ii) in subsection (c) by striking ‘‘Adminis- serting ‘‘Chief Executive Officer of’’; Administration’’; and trator of the’’; and (iv) in subsection (b)(2)(E) by striking ‘‘Ad- (iii) in subparagraph (A) by inserting be- (iii) in subsection (d) by striking ‘‘Admin- ministrator of the’’; and fore ‘‘, when’’ the following: ‘‘or the Admin- istrator’’ and inserting ‘‘Administration’’. (v) in subsection (b)(2)(E) by striking ‘‘Ad- istration’’. (B) DEFINITIONS.—Section 40102(a) is ministrator;’’ and inserting ‘‘Administra- (B) INVESTIGATION OF CERTAIN ACCIDENTS.— amended— tion;’’. Section 1131(c)(1) is amended by inserting (i) in paragraphs (8)(B) and (37) by striking (K) MULTIYEAR PROCUREMENT CONTRACTS ‘‘or the Federal Aviation Administration, as ‘‘the Administrator of’’; FOR SERVICES AND RELATED ITEMS.—Section the case may be,’’ after ‘‘Transportation’’. (ii) in paragraph (20) by striking ‘‘Adminis- 40111 is amended— (C) CIVIL AIRCRAFT ACCIDENT INVESTIGA- trator’’ and inserting ‘‘Federal Aviation Ad- (i) in subsection (a) by striking ‘‘Adminis- TIONS.—Section 1132 is amended— ministration’’; and trator of the’’; and (i) in the heading to subsection (c) by (iii) by moving the second sentence of (ii) in subsections (b) and (c) by striking striking ‘‘SECRETARY’’ and inserting ‘‘FED- paragraph (37) 2 ems to the left. ‘‘Administrator’’ each place it appears and ERAL AVIATION ADMINISTRATION’’; (C) SOVEREIGNTY AND USE OF AIR SPACE.— inserting ‘‘Administration’’. (ii) in subsection (c) by striking ‘‘Sec- Section 40103 is amended— (L) MULTIYEAR PROCUREMENT CONTRACTS retary of Transportation’’ and inserting (i) in subsection (a)(2) by inserting after FOR PROPERTY.—Section 40112 is amended— ‘‘Federal Aviation Administration’’; ‘‘Secretary of Transportation’’ the following: (i) in subsection (a) by striking ‘‘Adminis- (iii) in subsection (c) by striking ‘‘Sec- ‘‘and the Federal Aviation Administration’’; trator of the’’; retary’’ the 2nd and 3rd places it appears and and (ii) in subsections (b), (c), and (e)(2) by inserting ‘‘Administration’’; and (ii) in subsection (b)— striking ‘‘Administrator’’ each place it ap- (iv) in subsection (d) by striking ‘‘Sec- (I) by striking ‘‘Administrator of the’’; and pears and inserting ‘‘Administration’’; and retary’’ each place it appears and inserting (II) by striking ‘‘Administrator’’ each (iii) by adding at the end the following: ‘‘Administration’’. place it appears after the first and inserting (D) REVIEW OF OTHER AGENCY ACTION.—Sec- ‘‘Administration’’. ‘‘(g) LIMITATION.—This section and section tion 1133(1) is amended by striking ‘‘Sec- (D) PROMOTION OF CIVIL AERONAUTICS AND 40111 shall not be effective to the extent they retary of Transportation’’ and inserting AIR COMMERCE.—Section 40104 is amended— are inconsistent with the acquisition man- ‘‘Federal Aviation Administration’’. (i) in subsection (a) by striking ‘‘Adminis- agement system being implemented under (E) RESPONSES TO SAFETY RECOMMENDA- trator of the’’; section 1334.’’. TIONS.—Section 1135 is amended— (ii) in subsection (a) by striking ‘‘Adminis- (M) ADMINISTRATIVE.—Section 40113 is (i) by striking the section heading and in- trator’’ each place it appears after the first amended— serting the following: and inserting ‘‘Administration’’; and (i) in subsection (a) by striking ‘‘(or the ‘‘§ 1135. DOT’s and FAA’s responses to safety (iii) in subsection (b) by striking ‘‘Sec- Administrator of’’ and inserting ‘‘and’’; recommendations’’; retary of Transportation’’ and inserting ‘‘Ad- (ii) in subsection (a) by striking ‘‘Adminis- (ii) in subsection (a) by inserting after ministration’’. trator)’’ and inserting ‘‘Administration’’; ‘‘Secretary of Transportation’’ the following: (E) INTERNATIONAL NEGOTIATIONS, AGREE- (iii) in subsection (a) by striking ‘‘Admin- ‘‘or the Federal Aviation Administration’’; MENTS, AND OBLIGATIONS.—Section 40105 is istrator’’ the last place it appears and insert- (iii) in subsection (a) by inserting ‘‘or the amended— ing ‘‘Administration’’; Administration’’ after ‘‘Secretary’’ the 2nd (i) in subsection (a) by striking ‘‘Adminis- (iv) in subsection (b) by striking ‘‘has’’ the and 3rd places it appears; trator of the’’; 1st place it appears and inserting ‘‘and the (iv) in subsection (d) by striking ‘‘shall’’ (ii) in the heading to subsection (b) by Administration have’’; and inserting ‘‘and the Administration shall striking ‘‘ADMINISTRATOR’’ and inserting (v) in subsection (c) by striking ‘‘The Sec- each’’; ‘‘ADMINISTRATION’’; retary’’ and all that follows through ‘‘Ad- (v) in subsection (d) by inserting before (iii) in subsection (b)(1) by striking ‘‘Ad- ministrator)’’ and inserting ‘‘In carrying out ‘‘during’’ the following: ‘‘or Administra- ministrator’’ and inserting ‘‘Administra- aviation safety functions, duties, and pow- tion’’; and tion’’; and ers, the Federal Aviation Administration’’; H2060 CONGRESSIONAL RECORD — HOUSE March 12, 1996

(vi) in subsection (c) by striking ‘‘to assist retary’’ and ‘‘SECRETARY’’ each place they place it appears in section 44714, the 2nd the Secretary or Administrator of’’ and in- appear and inserting ‘‘Administration’’ and place it appears in section 44715(a)(2), the 1st, serting ‘‘to assist’’; ‘‘ADMINISTRATION’’, respectively; 4th, 7th, 9th, 10th, and 11th places it appears (vii) in subsection (d) by striking ‘‘Admin- (C) in subsection (b)(3) by striking ‘‘Sec- in section 44715(c), the 1st and 3rd places it istrator of the’’; retary’’ the first place it appears and insert- appears in section 44715(d)(1), the 2nd place it (viii) in subsection (d) by striking ‘‘Admin- ing ‘‘Administration’’; appears in section 44715(d)(2), the 1st, 3rd, istrator’’ the last place it appears and insert- (D) in subsection (b)(3) by inserting after and 5th places it appears in section 44715(e), ing ‘‘Administration’’; ‘‘Secretary’’ the second place it appears the and the 2nd, 4th, and 6th places it appears in (ix) in subsection (e) by striking ‘‘Adminis- following: ‘‘of Transportation’’; section 44715(f)); trator’’ each place it appears and inserting (E) in subsection (h)(2) by striking ‘‘Ad- (B) by striking ‘‘Administrator’’ each place ‘‘Administration’’; and ministrator’’ and inserting ‘‘Administra- it appears (other than a place to which sub- (x) by adding at the end the following: tion’’; and paragraph (A) applies, the 3rd place it ap- ‘‘(f) EXEMPTIONS.— (F) by adding at the end the following: pears in section 44703(f)(2), the 3rd place it ‘‘(1) FAA REVIEW OF REGULATIONS.—Prior ‘‘(i) CONSULTATION WITH DOT.—In making appears in section 44713(d)(2), the 2nd place it to issuing any regulation or granting any ex- determinations with respect to essential air appears in section 44714, the 2nd place it ap- emption to a regulation issued under this service, exceptional circumstances, and the pears in section 44715(a)(2), the 1st, 4th, 7th, chapter that affects the transportation of public interest, the Administration shall 9th, 10th, and 11th places it appears in sec- hazardous materials by air, the Secretary consult with the Secretary of Transpor- tion 44715(c), the 1st and 3rd places it appears shall provide the Administration an oppor- tation.’’. in section 44715(d)(1), the 2nd place it appears tunity for review, and the Administration (6) REGISTRATION AND RECORDATION OF AIR- in section 44715(d)(2), the 1st, 3rd, and 5th may disapprove such action if the Adminis- CRAFT.—Chapter 441 (other than section places it appears in section 44715(e), the 2nd, tration determines that there would be an 44109) is amended— 4th, and 6th places it appears in section adverse effect on aviation safety. (A) by striking ‘‘Administrator of the’’ 44715(f), and in section 44720(b)(2)) and insert- ‘‘(2) PROPOSED CHANGES.—The Administra- each place it appears; ing ‘‘Administration’’; tion may, in the interest of aviation safety, (B) by striking ‘‘Administrator’’ each place (C) in section 44702(d)(3) by striking ‘‘Ad- propose to the Secretary regulatory changes it appears (other than a place to which sub- ministrator’s’’ and inserting ‘‘Administra- affecting the transportation of hazardous paragraph (A) applies and the 3rd place it ap- tion’s’’; materials by air. pears in section 44111(d)) and inserting ‘‘Ad- (D) in the subsection heading to section ‘‘(3) ENFORCEMENT.—Enforcement actions ministration’’; and 44709(b) by striking ‘‘ADMINISTRATOR’’ and in- for violations of this chapter or of any regu- (C) in section 44102(b) by striking ‘‘Sec- serting ‘‘ADMINISTRATION’’; lations issued under this chapter that affect retary of Transportation’’ and inserting (E) in section 44720(b)(2) by striking ‘‘Ad- the transportation of hazardous materials by ‘‘Federal Aviation Administration’’. ministrator’’ each place it appears and in- air shall be brought by the Administration.’’. (7) INSURANCE.—Chapter 443 is amended— serting ‘‘Federal Aviation Administration’’; (N) REPORTS AND RECORDS.—Section 40114 (A) by striking ‘‘Secretary of Transpor- (F) by striking ‘‘Secretary of Transpor- is amended— tation’’ each place it appears and inserting tation’’ each place it appears (other than in (i) in subsection (a)(1) by striking ‘‘(or the ‘‘Federal Aviation Administration’’; and sections 44712(b)(2) and 44723) and inserting Administrator of’’ and inserting ‘‘and’’; (B) by striking ‘‘Secretary’’ each place it ‘‘Federal Aviation Administration’’; (ii) in subsection (a)(1) by striking ‘‘Ad- appears (other than a place to which sub- (G) in section 44723 by striking ‘‘Secretary ministrator)’’ and inserting ‘‘Administra- paragraph (A) applies, the 2nd, 3rd, and 5th of Transportation’’ and inserting ‘‘Federal tion’’; places it appears in section 44305(b), the 1st Aviation Board’’; and (iii) in subsection (a)(1) by striking ‘‘Ad- place it appears in section 44307(a)(1), the 2nd (H) by striking ‘‘Secretary’’ each place it ministrator’’ the last place it appears and in- place it appears in section 44307(b), and the appears (other than in sections 44712(b)(2) serting ‘‘Administration’’; 3rd place it appears in section 44307(d)) and and 44720 and a place to which subparagraph (iv) in subsection (a)(2) by striking ‘‘(or the inserting ‘‘Administration’’. (F) or (G) applies) and inserting ‘‘Adminis- Administrator’’ and inserting ‘‘and the Ad- (8) FACILITIES, PERSONNEL, AND RESEARCH.— tration’’. ministration’’; Chapter 445 is amended— (10) SECURITY.—Chapter 449 is amended— (v) in subsection (a)(2) by striking ‘‘Admin- (A) by striking ‘‘Administrator of the’’ (A) by striking ‘‘Administrator of the’’ istrator)’’ and inserting ‘‘Administration’’; each place it appears (other than the 1st each place it appears; and place it appears in section 44501(c)(2)(B) and (B) by striking ‘‘Administrator’’ each place (vi) in subsection (a)(2) by striking ‘‘Ad- the last place it appears in section it appears (other than a place to which sub- ministrator’’ the last 2 places it appears and 44502(c)(1)); paragraph (A) applies, the 1st two places it inserting ‘‘Administration’’. (B) by striking ‘‘Administrator’’ each place appears in section 44932(a), the 1st place it (O) WITHHOLDING INFORMATION.—Section it appears (other than a place to which sub- appears in section 44932(b), the 1st place it 40115(a) is amended by inserting after ‘‘Sec- paragraph (A) applies, the 1st place it ap- appears in section 44932(c), the 5th place it retary of Transportation’’ each place it ap- pears in section 44501(c)(2)(B), the last place appears in section 44933(a), and each place it pears the following: ‘‘or Federal Aviation it appears in section 44502(c), and in section appears in section 44934(b)) and inserting Administration’’. 44507(3)) and inserting ‘‘Administration’’; ‘‘Administration’’; (P) PASSENGER FACILITY FEES.—Section (C) in section 44506(b) by striking ‘‘Admin- (C) in section 44933(b)(4) by striking ‘‘Ad- 40117 is amended— istrators of the Federal Aviation Adminis- ministrator’s’’ and inserting ‘‘Administra- (i) in subsection (b)(1) by striking ‘‘Sec- tration and’’ and inserting ‘‘Federal Avia- tion’s’’; retary of Transportation’’ and inserting tion Administration and the Administrator (D) by striking the heading for section ‘‘Federal Aviation Administration’’; and of the’’; 44932 and inserting ‘‘Civil aviation security’’; (ii) in subsections (c) through (i) by strik- (D) in section 44506(c) by striking ‘‘Depart- (E) by striking subsection (a) of section ing ‘‘Secretary’’ each place it appears and in- ment of Transportation’’ and inserting ‘‘Ad- 44932 and redesignating subsections (b) and serting ‘‘Administration’’. ministration’’; (c) as subsections (a) and (b), respectively; (Q) SECURITY AND RESEARCH AND DEVELOP- (E) in section 44506(d) by striking ‘‘Public (F) in section 44932(a), as redesignated by MENT ACTIVITIES.—Section 40119 is amended— Works and Transportation’’ and inserting subparagraph (E), by striking ‘‘Assistant Ad- (i) in subsection (a) by striking ‘‘Adminis- ‘‘Transportation and Infrastructure’’; ministrator’’ and inserting ‘‘officer des- trator of the’’; and (F) in section 44507— ignated by the Chief Executive Officer of the (ii) in subsections (b) and (c) by striking (i) by striking ‘‘106(j)’’ and inserting Federal Aviation Administration’’; ‘‘Administrator’’ each place it appears and ‘‘1317’’; and (G) in section 44932(b), as redesignated by inserting ‘‘Administration’’. (ii) by striking ‘‘the Administrator’’ in subparagraph (E), by striking ‘‘Assistant Ad- (4) NAVIGATION OF FOREIGN CIVIL AIR- paragraph (3) and inserting ‘‘the Federal ministrator’’ and inserting ‘‘Administra- CRAFT.—Section 41703 is amended— Aviation Board’’; tion’’; (A) in subsection (a)(3) by inserting ‘‘, after (G) in section 44514(b) by striking ‘‘Sec- (H) in sections 44933(a) and 44934(b) by consultation with the Federal Aviation Ad- retary and the’’; striking ‘‘Assistant Administrator for Civil ministration,’’ after ‘‘Secretary of Transpor- (H) by striking ‘‘Secretary of Transpor- Aviation Security’’ and inserting ‘‘officer tation’’; and tation’’ each place it appears and inserting designated by the Chief Executive Officer of (B) in subsection (b) by inserting ‘‘, after ‘‘Federal Aviation Administration’’; and the Administration’’; consultation with the Federal Aviation Ad- (I) by striking ‘‘Secretary’’ each place it (I) in section 44934(b)(1) by striking ‘‘As- ministration,’’ after ‘‘Secretary’’ the 2nd appears (other than in sections 44501(b)(1)(B), sistant Administrator’’ and inserting ‘‘Ad- place it appears. 44502(c)(1), and 44505(a)(3) and a place to ministration’’; (5) SLOTS.—Section 41714 is amended— which subparagraphs (G) and (H) apply) and (J) by striking ‘‘Secretary of Transpor- (A) in subsection (a)(1) by striking ‘‘Sec- inserting ‘‘Administration’’. tation’’ each place it appears (other than in retary of Transportation’’ and inserting (9) SAFETY REGULATION.—Chapter 447 is sections 44903(b)(1), 44907(d)(1)(C), 44907(d)(3), ‘‘Federal Aviation Administration’’; amended— 44907(e), 44907(f), 44911(b), 44912(a)(3), 44931, (B) in subsections (a)(2), (a)(3), (a)(4), (b)(1), (A) by striking ‘‘Administrator of the’’ and 44938(a)) and inserting ‘‘Federal Aviation (b)(2), (c), (d), (f), and (g) by striking ‘‘Sec- each place it appears (other than the 2nd Administration’’; March 12, 1996 CONGRESSIONAL RECORD — HOUSE H2061 (K) by striking ‘‘Secretary’’ each place it tation by air of hazardous material only (E) in sections 47106(c)(3) and 47110(d)(2)(B) appears (other than a place to which sub- after notice and an opportunity for a hear- by striking ‘‘Secretary’s’’ and inserting ‘‘Ad- paragraph (J) applies, the 1st place it ap- ing.’’; ministration’s’’; pears in section 44903(d), in section (iv) by inserting ‘‘or Administration, as ap- (F) in section 47107(k) by striking ‘‘Public 44903(b)(1), the 2nd place it appears in section propriate,’’ after ‘‘Secretary’’ in paragraph Works and Transportation’’ and inserting 44907(b), the 3rd place it appears in section (3), as so redesignated; and ‘‘Transportation and Infrastructure’’; 44907(c), in section 44907(d)(1)(C), the 3rd (v) by striking ‘‘paragraph (1) of’’ in such (G) in section 47110(e)— place it appears in section 44907(d)(2)(A)(ii), paragraph (3). (i) by striking ‘‘Secretary’’ each place the 2nd and 3rd places it appears in section (B) in section 46301(d)(2) by striking ‘‘Ad- (other than the 2nd and 6th places) it appears 44907(d)(2)(B), in section 44907(d)(3), the 2nd ministrator of the’’; and inserting ‘‘Federal Aviation Board’’; and place it appears in section 44907(d)(4), in sec- (C) in subsections (d) and (e) of section (ii) by striking ‘‘Secretary’’ the 2nd and tions 44907(e) and 44907(f), the 4th place it ap- 46301— 6th places it appears and inserting ‘‘Federal pears in section 44908(a), the 1st place it ap- (i) by striking ‘‘Administrator’’ each place pears in section 44908(b), the 2nd place it ap- Aviation Administration’’; it appears (other than a place to which sub- pears in section 44909(a), and in sections (H) in the heading for each of sections paragraph (A) applies) and inserting ‘‘Admin- 44910, 44911, 44912(a)(3), 44931, 44934, and 47117(h), 47129(a)(3), and 47129(c) by striking istration’’; and 44938(a)) and inserting ‘‘Administration’’; ‘‘SECRETARY’’ and inserting ‘‘ADMINISTRA- (ii) by striking ‘‘Secretary’’ each place it (L) in section 44905(g) by striking ‘‘Depart- TION’’; appears and inserting ‘‘Administration’’; ment of Transportation’’ and inserting ‘‘Fed- (I) in the subsection heading for section (D) in section 46301(f) by inserting ‘‘or Ad- eral Aviation Administration’’; 47129(a) by striking ‘‘SECRETARY’S’’ and in- (M) in sections 44907(d)(1)(C), 44907(d)(3), ministration, as the case may be,’’ after serting ‘‘ADMINISTRATION’S’’; and 44907(e), and 44907(f) by inserting ‘‘or Federal ‘‘Secretary’’; (J) in section 47130 by striking ‘‘Adminis- Aviation Administration’’ after ‘‘of Trans- (E) in section 46301(g) by inserting ‘‘and an trator of the’’. portation’’; order of the Administration’’ before ‘‘impos- (17) INTERNATIONAL AIRPORT FACILITIES.— (N) in section 44907(d)(3) by inserting ‘‘or ing’’; Chapter 473 is amended— Administration’’ after ‘‘Secretary’’ the 2nd (F) in section 46301(h)(2) by striking the (A) in section 47302— place it appears; and parenthetical phrase and inserting ‘‘or Ad- (i) by striking ‘‘Secretary of Transpor- (O) in the chapter analysis by striking the ministration, as appropriate,’’; tation’’ in subsection (a)(1) and inserting item relating to section 44932 and inserting (G) in section 46302(b) by striking ‘‘Sec- ‘‘Federal Aviation Administration’’; and the following: retary of Transportation’’ and inserting (ii) by striking ‘‘Secretary of Transpor- ‘‘Federal Aviation Administration’’; ‘‘44932. Civil aviation security.’’. tation or’’ in subsection (c) and inserting (H) in section 46303— (11) ALCOHOL AND CONTROLLED SUBSTANCES ‘‘Federal Aviation Administration or the (i) by striking ‘‘Secretary of Transpor- Secretary of’’; TESTING.—Chapter 451 is amended— tation’’ and inserting ‘‘Federal Aviation Ad- (A) by striking ‘‘Administrator of the’’ (B) in section 47303— ministration’’; and (i) by striking ‘‘Secretary of Transpor- each place it appears; and (ii) by striking ‘‘Administrator of the’’; (B) by striking ‘‘Administrator’’ each place tation or’’ and inserting ‘‘Federal Aviation (I) in section 46304— Administration or the Secretary of’’; and it appears (other than a place to which sub- (i) by striking ‘‘Administrator of the’’; and paragraph (A) applies) and inserting ‘‘Admin- (ii) in paragraph (1) by striking ‘‘Sec- (ii) by striking ‘‘Administrator’’ each place retary’’ and inserting ‘‘agency head’’; istration’’. it appears (other than a place to which (C) in section 47304— (12) FEES.—Chapter 453 is amended— clause (i) applies) and inserting ‘‘Adminis- (i) by striking ‘‘Secretary of Transpor- (A) by striking ‘‘Administrator of the’’ tration’’; each place it appears; tation or’’ in subsection (a) and inserting (J) in section 46306 by striking ‘‘Adminis- (B) by striking ‘‘Administrator’’ each place ‘‘Federal Aviation Administration or the trator of the’’ each place it appears; it appears (other than a place to which sub- Secretary of’’; (K) in section 46308(2) by striking ‘‘Admin- paragraph (A) applies) and inserting ‘‘Admin- (ii) by striking ‘‘Secretary’’ the 2nd and istrator of the’’; istration’’; 3rd places it appears in subsection (a) and in- (L) in section 46311— (C) in section 45301(a) by inserting after serting ‘‘agency head’’; (i) by striking ‘‘Administrator of the’’; and ‘‘Secretary of Transportation’’ the following: (iii) by striking ‘‘Secretary of Transpor- (ii) by striking ‘‘Administrator’’ each place ‘‘and the Federal Aviation Administration, tation’’ the 1st place it appears in subsection it appears (other than a place to which as the case may be,’’; and (b) and inserting ‘‘Federal Aviation Adminis- clause (i) applies) and inserting ‘‘Adminis- (D) in section 45301(c)(4) by striking ‘‘Ad- tration’’; tration’’; ministrator’s’’ and inserting ‘‘Administra- (iv) by striking ‘‘Secretary of Transpor- tion’s’’. (M) in section 46313— (i) by striking ‘‘Administrator of the’’; and tation or’’ in subsection (b)(2) and inserting (13) INVESTIGATIONS AND PROCEEDINGS.— (ii) by striking ‘‘Administrator’’ the 2nd ‘‘Chief Executive Officer of the Federal Avia- Chapter 461 is amended— tion Administration or the Secretary of’’; (A) in sections 46101(a)(1), 46102(a), place it appears and inserting ‘‘Administra- tion’’; (v) by striking ‘‘Secretary of Transpor- 46103(a)(1), and 46104(a)— tation’’ each place it appears in subsection (i) by striking ‘‘(or the Administrator of’’ (N) in section 46315(b)(1) by striking ‘‘Ad- ministrator of the’’; and (c) and inserting ‘‘Federal Aviation Adminis- and inserting ‘‘(or’’; and tration’’; and (ii) by striking ‘‘Administrator)’’ and in- (O) in section 46316(a)— (i) by striking ‘‘Administrator of the’’; and (vi) by striking ‘‘Secretary of Transpor- serting ‘‘Administration)’’; tation or’’ in subsection (d)(2) and inserting (B) by striking ‘‘Administrator of the’’ (ii) by striking ‘‘Administrator’’ the 2nd place it appears and inserting ‘‘Administra- ‘‘Chief Executive Officer of the Federal Avia- each place it appears (other than a place to tion Administration or the Secretary of’’; which subparagraph (A)(i) applies and in sec- tion’’. (D) in section 47305— tion 46101(b)); (15) SPECIAL AIRCRAFT JURISDICTION OF (i) by striking ‘‘Secretary of Transpor- (C) by striking ‘‘Administrator’’ each place UNITED STATES.—Section 46505(d)(2) is amend- tation’’ in subsection (a) and inserting ‘‘Fed- it appears (other than a place to which sub- ed by striking ‘‘Administrator of the’’. eral Aviation Administration’’; paragraph (A) or (B) applies) and inserting (16) AIRPORT DEVELOPMENT.—Chapter 471 is (ii) by striking ‘‘Secretary’’ the 3rd and 4th ‘‘Administration’’; amended— (D) in section 46109 by inserting ‘‘or the (A) by striking ‘‘Secretary of Transpor- places it appears in subsection (a) and insert- Federal Aviation Administration’’ after tation’’ each place it appears (other than in ing ‘‘agency head’’; and ‘‘Transportation’’; and section 47102(1)(A)) and inserting ‘‘Federal (iii) by striking ‘‘Secretary of Transpor- (E) in the subsection heading to section Aviation Administration’’; tation or’’ in subsection (b) and inserting 46107(c) by striking ‘‘ADMINISTRATOR’’ and in- (B) by striking ‘‘Secretary’’ each place it ‘‘Chief Executive Officer of the Federal Avia- serting ‘‘ADMINISTRATION’’. appears (other than a place to which sub- tion Administration or the Secretary of’’; (14) PENALTIES.—Chapter 463 is amended— paragraph (A) applies, in sections 47101(h), and (A) in section 46301(c)— 47102(1)(A), 47102(1)(B)(i), 47103(a), 47103(c), (E) in section 47306 by striking ‘‘Secretary (i) by inserting ‘‘by other than air’’ after 47106(c)(2), 47107(j)(4), 47110(e), and 47112(b), of Transportation’’ and inserting ‘‘Federal ‘‘transportation’’ in paragraph (1)(D); and the 2nd and 3rd places it appears in sec- Aviation Administration’’. (ii) by redesignating paragraph (2) as para- tion 47153(b)) and inserting ‘‘Administra- (18) NOISE.—Chapter 475 is amended— graph (3); tion’’; (A) by striking ‘‘Administrator of the’’ (iii) by inserting after paragraph (1) the (C) in section 47106(c)(1)(B)(ii) by inserting each place it appears (other than the 1st following: ‘‘of the Environmental Protection Agency’’ place it appears in section 47502, the 2nd ‘‘(2) FAA NOTICE AND HEARING.—The Fed- after ‘‘Administrator’’; place it appears in section 47509(a), the 2nd eral Aviation Administration may impose a (D) in section 47106(c)(2) by striking ‘‘Sec- place it appears in section 47509(c), the 2nd civil penalty for violations under subsection retary’’ and inserting ‘‘Federal Aviation Ad- place it appears in section 47509(d), and the (a)(1) of this section related to the transpor- ministration’’; 2nd place it appears in section 47509(e)); H2062 CONGRESSIONAL RECORD — HOUSE March 12, 1996 (B) by striking ‘‘Administrator’’ each place (B) by striking ‘‘Secretary of Transpor- (1) in section 12(a)(2)(B) (42 U.S.C. it appears (other than a place to which sub- tation’’ and inserting ‘‘Chief Executive Offi- 4911(a)(2)(B))— paragraph (A) applies, the 1st place it ap- cer of the Federal Aviation Administration’’. (A) by striking ‘‘Administrator of the’’; pears in section 47502, the 2nd place it ap- (3) EXPENSE OF TRAINING.—Section 4109(c) (B) by striking ‘‘611 of the Federal Avia- pears in section 47509(a), the 2nd place it ap- of title 5, United States Code, is amended by tion Act of 1958’’ and inserting ‘‘44709(b)(1)(B) pears in section 47509(c), the 2nd place it ap- striking ‘‘Administrator, Federal Aviation or 44715 of title 49, United States Code,’’; and pears in section 47509(d), and the 2nd place it Administration,’’ and inserting ‘‘Federal (C) by striking ‘‘such Administrator’’ each appears in section 47509(e)) and inserting Aviation Administration’’. place it appears and inserting ‘‘such Admin- ‘‘Administration’’; (4) REDUCTION IN RETIREMENT PAY FOR istration’’; (C) by striking ‘‘Secretary of Transpor- FORMER MEMBERS OF UNIFORM SERVICES.—Sec- (2) in the last sentence of section 12(a) by tation’’ each place it appears and inserting tion 5532(f) of title 5, United States Code, is striking ‘‘such Administrator’’ and inserting ‘‘Federal Aviation Administration’’; and repealed. ‘‘the agency’’; (D) by striking ‘‘Secretary’’ each place it (5) DIFFERENTIAL PAY.—Chapter 55 of title (3) in section 12(b)(1)(A) by striking ‘‘Ad- appears (other than a place to which sub- 5, United States Code, is amended— ministrator’’ the 2nd place it appears and in- paragraph (C) applies) and inserting ‘‘Admin- (A) in the heading to section 5546a by serting ‘‘Administration’’; istration’’. striking ‘‘the Federal Aviation Administra- (4) in sections 12(b)(1)(B) and 12(e) by strik- (19) FINANCING.—Chapter 481 (other than tion and’’; ing ‘‘Administrator’’ and inserting ‘‘agen- section 48109) is amended— (B) in section 5546a(a) by striking ‘‘Admin- cy’’; (A) by striking ‘‘Administrator of the’’ istrator of the Federal Aviation Administra- (5) in section 12(c)— each place it appears; tion (hereafter in this section referred to as (A) by striking ‘‘Administrator of the’’ the (B) by striking ‘‘Administrator’’ each place the ‘Administrator’) and the’’; 2nd place it appears; and it appears (other than a place to which sub- (C) in subsections (a)(1), (a)(2), (c), (d), (e), (B) by striking ‘‘611 of the Federal Avia- paragraph (A) applies) and inserting ‘‘Admin- and (f)(1) of section 5546a— tion Act of 1958,’’ and inserting ‘‘44715 of title istration’’; (i) by striking ‘‘Administrator or the’’ each 49, United States Code,’’; (C) by striking ‘‘Secretary of Transpor- place it appears; and (6) in section 16(a) (42 U.S.C. 4915(a))— tation’’ each place it appears and inserting (ii) by striking ‘‘the Federal Aviation Ad- (A) by striking ‘‘Administrator of the’’ the ‘‘Federal Aviation Administration’’; ministration or’’ each place it appears; 2nd place it appears; (D) by striking ‘‘Secretary’’ each place it (D) by striking ‘‘; and’’ at the end of sec- (B) by striking ‘‘611 of the Federal Avia- appears (other than a place to which sub- tion 5546a(a)(2) and inserting a period; tion Act of 1958’’ and inserting ‘‘44715 of title paragraph (C) applies and the 1st place it ap- (E) by striking paragraph (3) of section 49, United States Code,’’; and pears in section 48105) and inserting ‘‘Admin- 5446a(a); (C) by striking ‘‘Administrator’’ the 3rd istration’’; (F) in section 5546a(f)— place it appears and inserting ‘‘agency’’; (E) in section 48102(d)(2) by striking ‘‘Pub- (i) by striking ‘‘(1)’’; and (7) in section 16(b)— lic Works and Transportation’’ and inserting (ii) by striking paragraph (2); and (A) by inserting ‘‘the Federal Aviation’’ be- ‘‘Transportation and Infrastructure’’; and (G) in the item relating to section 5546a of fore ‘‘Administration’’; and the analysis for such chapter by striking (F) in section 48108(b)(2) by striking ‘‘De- (B) by striking ‘‘Administrator’’ each place ‘‘the Federal Aviation Administration and’’. partment of Transportation’’ and inserting it appears after the 1st and inserting ‘‘agen- (e) COAST GUARD COOPERATION.—Chapter 5 cy’’; and ‘‘Federal Aviation Administration’’. of title 14, United States Code, is amended— (8) in section 16(c) by striking ‘‘Adminis- (20) MISCELLANEOUS.—Chapter 491 is (1) in the heading to section 82 by striking amended— trator’’ and inserting ‘‘agency’’. ‘‘Administrator of’’; (A) by striking ‘‘Administrator of the’’ (l) PHASE-OUT OF HALON.—Section 604(d)(3) (2) in sections 81, 82, and 90(b) by striking of the Clean Air Act (42 U.S.C. 7671c(d)(3)) is each place it appears; ‘‘the Administrator of’’ each place it ap- (B) by striking ‘‘Administrator’’ each place amended by striking ‘‘Administrator of the’’ pears; each place it appears. it appears (other than a place to which sub- (3) in section 90(b) by striking ‘‘Adminis- paragraph (A) applies) and inserting ‘‘Admin- SEC. 15. REFERENCES. trator may’’ and inserting ‘‘Administration A reference in any law, regulation, docu- istration’’; may’’; and (C) by striking ‘‘Secretary of Transpor- ment, record, map, or other paper of the (4) in the item relating to section 82 of the United States to the Secretary of Transpor- tation’’ each place it appears and inserting analysis for such chapter by striking ‘‘Ad- ‘‘Federal Aviation Administration’’; and tation (and any reference to the Adminis- ministrator of’’. trator of the Federal Aviation Administra- (D) by striking ‘‘Secretary’’ each place it (f) ACCESS TO NATIONAL DRIVER REG- appears (other than a place to which sub- tion) with respect to a function which under ISTER.—Section 30305(b)(3) of title 49, United this Act (including the amendments made by paragraph (C) applies and in section States Code, is amended— 49103(b)(1)) and inserting ‘‘Administration’’. this Act) is made a function of the Federal (1) by striking ‘‘the Administrator of’’; and Aviation Administration established by sec- (21) COMMERCIAL SPACE LAUNCH ACTIVI- (2) by striking ‘‘Administrator’’ each place tion 1311 of title 49, United States Code, shall TIES.—Subtitle IX is amended— it appears after the first and inserting ‘‘Ad- be deemed to be a reference to the Federal (A) by striking ‘‘Secretary of Transpor- ministration’’. Aviation Administration established by such tation’’ each place it appears and inserting (g) WOLF TRAP FARM PARK.—The Wolf Trap section. ‘‘Federal Aviation Administration’’; Farm Park Act (16 U.S.C. 284–284j) is amend- SEC. 16. EFFECTIVE DATE. (B) by striking ‘‘Secretary’’ each place it ed— (a) IN GENERAL.—Except as provided in appears (other than a place to which sub- (1) in section 4(e)— subsection (b), this Act (including the paragraph (A) applies, the 1st place it ap- (A) by striking ‘‘Administrator of the’’; amendments made by this Act) shall take ef- pears in section 70109(a), the 2nd place it ap- and fect on the 90th day following the date of the pears in each of sections 70109(b), 70109(c), (B) by striking ‘‘Administrator’’ each place enactment of this Act. 70112(a)(2), and 70112(b)(2), the 2nd and 3rd it appears after the first and inserting ‘‘Ad- (b) EXCEPTIONS.—Section 1312 of title 49, places it appears in each of sections 70116(a) ministration’’; and United States Code, and section 7 of this Act and 70116(b), in section 70117(b)(2), and the (2) in section 8(b) by striking ‘‘Adminis- shall take effect on the date of the enact- 2nd place it appears in each of sections trator of the’’ each place it appears. ment of this Act. The amendments made by 70303(b)(2) and 70304(a)) and inserting ‘‘Ad- (h) CERTIFICATION OF FIREARMS.—Section section 14(d)(5) of this Act, relating to dif- ministration’’; and 922(p)(5)(A) of title 18, United States Code, is ferential pay, shall take effect on the date (C) in the subsection heading to section amended by striking ‘‘the Administrator of’’. the Federal Aviation Board begins imple- 70111(c) by striking ‘‘SECRETARY’’ and insert- (i) NATIONAL AIR AND SPACE MUSEUM ADVI- mentation of the personnel management sys- ing ‘‘ADMINISTRATION’’. SORY BOARD.—Section 1(a) of the Act enti- tem for the Federal Aviation Administration tled ‘‘An Act to establish a national air mu- (d) TITLE 5, UNITED STATES CODE.— under section 1314(d)(2) of title 49, United seum, and for other purposes’’, approved Au- (1) EXECUTIVE SCHEDULE PAY RATES.— States Code. gust 12, 1946 (20 U.S.C. 77(a)), is amended by (A) ADMINISTRATOR.—Section 5313 of title 5, striking ‘‘Administrator of the Federal’’ and The SPEAKER pro tempore. Pursu- United States Code, is amended by striking all that follows through the first succeeding ant to the rule, the gentleman from ‘‘Administrator, Federal Aviation Adminis- comma and inserting ‘‘Chief Executive Offi- Pennsylvania [Mr. SHUSTER] and the tration.’’. cer of the Federal Aviation Administra- gentleman from Minnesota [Mr. OBER- (B) DEPUTY ADMINISTRATOR.—Section 5315 tion,’’. STAR] will each be recognized for 30 of such title is amended by striking ‘‘Deputy (j) FEDERAL PROPERTY.—Section 602(d)(14) Administrator, Federal Aviation Adminis- minutes. of the Federal Property and Administrative The Chair recognizes the gentleman tration.’’. Services Act of 1949 (40 U.S.C. 474(d)(14)) is (2) DEFINITIONS.—Section 2109 of title 5, amended by striking ‘‘Administrator of the’’ from Pennsylvania [Mr. SHUSTER]. United States Code, is amended— and all that follows through ‘‘or’’ and insert- Mr. SHUSTER. Mr. Speaker, I yield (A) by striking ‘‘Department of Transpor- ing ‘‘Federal Aviation Administration or’’. myself such time as I may consume. tation’’ each place it appears and inserting (k) NOISE CONTROL.—The Noise Control Act Mr. Speaker, I rise in strong support ‘‘Federal Aviation Administration’’; and of 1972 (42 U.S.C. 4901–4918) is amended— of the FAA Revitalization Act. This is March 12, 1996 CONGRESSIONAL RECORD — HOUSE H2063 legislation which will put us in a posi- unable to fully cope with all the prob- and its role in modern aviation not tion to move into the next century lems. only in the U.S. but worldwide and who with a modern air traffic control sys- The good news, however, Mr. Speak- has become a champion of aviation in tem, with a system that will provide er, is that there is a solution. The solu- the brief tenure that he has had as our America and the world with the best tion is this legislation, which exempts chairman, and to our ranking Demo- FAA and the best air traffic control. the agency from current personnel and cratic member, the gentleman from Il- I am very pleased that we have 62 co- procurement laws and gives the FAA linois [Mr. LIPINSKI], who, though a sponsors. This is bipartisan legislation. an opportunity to develop procurement longtime member of the Subcommittee The gentleman from Minnesota [Mr. and personnel systems best suited to on Aviation, has just recently assumed OBERSTAR], the distinguished ranking its own unique mission. Further, this the role of the leader on our side for member of the full committee; the gen- legislation makes the FAA independent the Subcommittee on Aviation and tleman from Illinois [Mr. LIPINSKI], the so it would not be subject to the bu- who likewise has devoted himself and distinguished ranking member of the reaucratic interference from DOT. plunged in with great enthusiasm into subcommittee; the gentleman from It creates a board to oversee the op- this subject matter, and I am very Tennessee [Mr. DUNCAN], the distin- eration of the new independent agency. grateful to the gentleman for the job guished ranking member of the sub- The board would select a CEO to actu- he has done and for the workload and committee; and myself all are among ally run the agency. Indeed, this legis- responsibility that he has shouldered. those 62 bipartisan cosponsors. This is lation is the answer to modernizing the For many years of hearings of in- legislation whose time has come. FAA so that we can be in a position, as quiry into the FAA, of safety in the Since airline deregulation in 1978, we move into the next century, to pro- field of aviation, one issue has jumped passenger traffic has more than dou- vide the kind of both safety and effi- out, and that is the role of the FAA bled to now over 500 million passengers ciency which is so necessary, within this huge Department of Trans- a year. Even more significantly, com- This legislation will make air travel portation subjugated to the interest to mercial air travel is increasing at a safer. New computers, a rational per- the will, to the changing of the leader- rate of between 4.5 and 5 percent a sonnel system, and quicker decisions ship at the top of this department, and year, which means that as we move will all make air travel safer. consequently with effects upon the into the next century, we will soon ex- It will also make flying more afford- FAA itself, have oftentimes gone perience 1 billion, that is with a B, able. Today our airlines are experienc- months without an administrator commercial air travelers a year. ing delays which have an added cost of under both Democratic and Republican The 10 largest U.S. airlines conduct $2.5 billion a year. Savings from reduc- administrations, without regard to nearly 15,000 flights a day. If we add tions in these delays can be passed on which party was in control of the gov- commuter, military and general avia- to passengers, so this will permit fa- ernment. The FAA continued to have a tion flights, there are over 107,000 cilities to be more efficient all across back door sort of relationship with the flights per day. This is expected to in- the country. Department of Transportation and yet crease by about another 20,000 flights a Indeed, this legislation will reform one in which the Secretary of Trans- day by the year 2002. The FAA’s exist- and streamline bureaucracy. At least portation was all too willing to insert ing structure simply does not give it 200 positions at DOT can be eliminated, himself or herself into the internal af- the flexibility to cope, not only with whose only job is to oversee the FAA. fairs of this safety-conscious agency. the current situation, let alone this fu- This legislation will reduce the regu- It became so painfully clear to me ture growth. latory burden on the aviation industry. that what Congress did in response to As some of my colleagues know, my There are provisions in this bill to en- the Johnson administration’s initiative background is in the electronic com- sure that the FAA considers the costs in 1966, bringing all modes together in puter industry. I was absolutely to air travelers as well as the benefits one Department of Transportation, was stunned to realize that vacuum tubes of major new regulatory initiatives. flawed in this respect: that the Federal are still used in approximately 500 of For all these reasons, I would urge Aviation Administration should not be the FAA air traffic control facilities. my colleagues to vote for this biparti- included in that department, that it In fact, in 1994 the FAA spent nearly san legislation. It passed by voice vote should be, as it rightfully ought to be, $50 million on the purchase of vacuum without a single dissenting vote out of an independent agency. It ought to tubes. Most businesses replaced their our committee, has strong bipartisan have its own independent status be- vacuum tube computers many, many support, and I urge the passage of this cause that is the status of aviation. It years ago. legislation. stands separately in our national pic- Further, the FAA’s cumbersome pro- Mr. Speaker, I reserve the balance of ture. It is at the heart of a $600 billion curement process results in these aging my time. sector of our national economy. Ten computers constantly breaking down. percent of our gross domestic product b 1545 In fact, there have been at least 6 fail- is related to aviation. ures at the air traffic control center in Mr. OBERSTAR. Mr. Speaker, I yield The FAA ought to stand on a par, Leesburg, VA. The longest was a 28- myself such time as I may consume. frankly, with the other departments of hour outage just last June 7. Mr. Speaker, today marks a water- government and not be subsumed under FAA officials say that computers shed day that I have long looked for- one. At the hearings that we had on failed 20 times during a 4-month period ward to since, in fact, 1987 when I in- FAA reform, all but one of the living at very important centers such as Chi- troduced the first independent FAA former administrators of FAA endorsed cago, Washington, Dallas, Cleveland, bill, then with bipartisan support as we a concept of an independent agency. and New York. Failures have also been have today. But this is the first time in Those former administrators served reported at Boston, Kansas City, At- all the years that I have introduced over a 30-year period from 1961 to 1991 lanta, San Juan, Houston, Oakland, and reintroduced that bill that it has in which there was a revolution in and Miami. made its way to the floor. For that, I technology in the field of aviation. Indeed, beyond this very serious salute our chairman of the full com- They served in Democratic and Repub- problem which must be corrected, the mittee, the gentleman from Pennsylva- lican administrations from President FAA’s bureaucratic personnel system nia [Mr. SHUSTER], for his splendid co- Kennedy to President Bush. They results in some air traffic control fa- operation, his willingness to move this served at a time when FAA was inde- cilities being overstaffed while others legislation along as a high priority pendent and at a time when it was part are understaffed. Indeed, under the item for our committee. For that I sa- of the Department of Transportation, FAA’s funding systems, users pay into lute our chairman of the Subcommit- and every one of them said the FAA the trust fund with no assurance of get- tee on Aviation, the gentleman from should be independent. ting their money back in the form of Tennessee [Mr. DUNCAN], who has Now, the present Secretary of Trans- proposed infrastructure investments. taken on the burdensome task of learn- portation does not support that con- Indeed, GAO has stated that the FAA’s ing all the intricacies of aviation, cept, and I understand no sitting Sec- management structure has often been learning the importance of this agency retary of Transportation ever wanted H2064 CONGRESSIONAL RECORD — HOUSE March 12, 1996 to see the FAA become an independent H.R. 2276 is an outstanding bill that now over 500 million per year. Accord- agency. Of course, if the FAA is out enjoys widespread bipartisan support ing to several aviation experts, traffic from under DOT, the Secretary loses it here in the House. It will help bring is expected to top at least 800 million as the majority of the Department of long overdue and needed reforms to the and maybe even a billion by the year Transportation’s total work force. And Federal Aviation Administration. 2002. that is another problem that has dis- I want to also thank my ranking The 10 largest U.S. airlines conduct turbed me very much in this past year member, the ranking member of my almost 15,000 flights per day at airports and a half when the FAA took more subcommittee, the gentleman from Il- all across this country. If you add in like 70 percent of the personnel reduc- linois [Mr. LIPINSKI]. I do not think commuter, military and general avia- tions that the Department of Transpor- anyone could have a kinder ranking tion, there are over 107,000 flights every tation experienced. That is unfair and member than I do on our subcommit- day. Unfortunately the FAA’s existing unreasonable. They should not have tee, and we have really worked well to- structure does not give it the flexibil- had that kind of reduction. gether. I want to also though mention ity to cope with even the existing situ- Another concern that I have is in the for a few moments the gentleman from ation let alone future growth. The rulemaking, particularly in the safety Minnesota [Mr. OBERSTAR], because I FAA’s cumbersome procurement proc- rulemaking side of the FAA’s respon- do not think that anyone in the entire ess brought on by years of bureaucratic sibility. And that I consider its pri- Congress knows aviation issues better inertia have resulted in aging comput- mary responsibility. There are 15 than the gentleman from Minnesota ers and 30-year-old, air traffic control signoffers on a rulemaking from the [Mr. OBERSTAR]. He serves as chairman equipment that constantly breaks time it emanates from the office of cer- of this subcommittee for many years, down. Their antiquated equipment tification until it becomes a rule, and and he has really worked well with me causes airplanes to be delayed and cer- more than half of that time spent in in so many different ways, and I thank tainly shakes public confidence in the signoffs is the regulation marching its him for all of that and for this strong safety of flying. In fact, air traffic way through the Department of Trans- support of this legislation. computers have failed and continue to portation. It would not be right though to go fail at centers all across this country. Well, as Chairman SHUSTER said a any further without mentioning our Let me also say, Mr. Speaker, this moment ago, there will be personnel colleague from Iowa, Mr. JIM ROSS legislation creates a new agency. It savings if the FAA is moved out from LIGHTFOOT. The gentleman from Iowa simply removes the FAA from the cum- under the department. There will be ef- [Mr. LIGHTFOOT] really wrote the bulk, bersome bureaucracy and interference ficiency savings. There will be ability or a large portion of this bill, and his of the department of Transportation. for the FAA to move ahead more effec- activities in regard to this legislation This agency will create a board that tively, more dynamically on mod- have also been tremendously meaning- will also include three members, but ernization of the air traffic control sys- ful in carrying this legislation forward. will include also the Secretaries of tem. And I think the whole aviation Last year, the Subcommittee on Transportation and Defense. The board community in the United States and Aviation held several days of hearings would select a chief executive officer to worldwide will have a greater sense of on various proposals to restructure our manage FAA’s day-to-day operations. appreciation and respect for this au- Nation’s air traffic control system. For too long, the FAA’s management tonomous, independent agency. From these hearings, it became very structure has been stymied by out- I use the word autonomous because clear that a consensus of members as dated rules and big government poli- the antidote for an independent FAA is well as the aviation community sup- cies that have not allowed for innova- a proposal to give the agency more ported a independent FAA. This proc- tive management styles used by suc- flexibility or autonomy within the de- ess of which I am very proud has en- cessful companies in the private sector. partment. Friends, believe me, it will abled us to develop an outstanding bill Today nearly every Federal independ- not happen. As long as the FAA is that has been endorsed by more than 30 ent agency, almost 30, are managed by within the Department of Transpor- leading aviation groups. boards. The only exceptions are law en- tation, that agency, that department, No other legislation in regard to forcement-type agencies. is going to exert every measure of con- aviation has ever had this kind of sup- Basically, Mr. Speaker, just to sum trol that it can over the FAA, and port. This bill has been endorsed by the up, this legislation will really bring the doing business will simply be as it al- Aircraft Owners’ and Pilots’ Associa- FAA into the 21st century. It is very ways has been. tion, the National Air Traffic Control- We need a change. We need dynamic, needed. Almost everyone who has progressive, forward-looking change in lers’ Association, the General Aviation looked at this agrees with this legisla- personnel, in procurement, in manage- Manufacturers’ Association, the Na- tion. I am very proud of the product of ment of the safety function of the tional Business Aircraft Association, our subcommittee and our full commit- FAA, and being the leader worldwide in the National Air Transportation Asso- tee, and I urge the support by our aviation, and restoring to FAA a lead- ciation, and many, many others. members. I believe this legislation could be the ership role as an independent agency Mr. OBERSTAR. Mr. Speaker, I yield will put it back in charge. And that is most dramatic change in aviation since such time as he may consume to the what we achieve with this legislation. at least the Airline Deregulation Act of gentleman from Illinois [Mr. LIPINSKI], Mr. Speaker, I reserve the balance of 1978, and perhaps since the Federal the distinguished leader for our side on my time. Aviation Act of 1958. I think we have a the Subcommittee on Aviation. Mr. SHUSTER. Mr. Speaker, I yield 5 bill that the American people can and Mr. LIPINSKI. Mr. Speaker, I thank minutes to the gentleman from Ten- will support strongly. the ranking member of the committee, nessee [Mr. DUNCAN], the distinguished I want the Members to know that whom I affectionately call ‘‘Mr. Avia- chairman of our subcommittee. this legislation is supported probably tion,’’ for yielding me this time. (Mr. DUNCAN asked and was given by every facet of the aviation commu- Mr. Speaker, I rise in strong support permission to revise and extend his re- nity, business, labor, and all others. of H.R. 2276, the Federal Aviation Ad- marks.) Mr. Speaker, H.R. 2276 enjoys support ministration Revitalization Act. I want Mr. DUNCAN. Mr. Speaker, I thank from those representing general avia- to thank the chairman of the sub- the distinguished chairman of our full tion, aircraft manufacturers, our Na- committee, the gentleman from Ten- committee for yielding me this time. tion’s small aircraft owners, the FAA nessee, for all his work on this impor- And let me pay a special tribute to the air traffic controllers and many, many tant legislation and for his leadership gentleman from Pennsylvania [Mr. others. Also, as the gentleman from with the Aviation Subcommittee. I SHUSTER], for his outstanding leader- Minnesota [Mr. OBERSTAR] just pointed have enjoyed working with him and ship in helping move this legislation out, every living FAA former adminis- look forward to continuing to do so through our committee and to the floor trator, except for one who has not throughout the rest of the year. today, and particularly for the really taken a position, supports this legisla- I also want to commend the chair- tremendous job he is doing as chairman tion. Since airline deregulation in 1978, man of the full committee, the gen- of our full committee. air passenger traffic has doubled and is tleman from Pennsylvania, and the March 12, 1996 CONGRESSIONAL RECORD — HOUSE H2065 ranking member of the full commit- 26 years later, they are still relying on Last year this computer was shut tee—my predecessor as the ranking the same vacuum-tube equipment to down at least 10 times. In fact, at one member on this subcommittee—the keep aircraft moving through our air- time in August this computer was shut gentleman from Minnesota. I know ways, and this is just really one exam- down for 29 hours, delaying air oper- that this legislation is the product of ple. ations throughout the country. Five considerable effort on all of their parts. Mr. Speaker, I spent much of last other major air traffic control centers I look forward to working with them to year pursuing fundamental govern- are equipped with this same computer. see this bill enacted into law. mentwide procurement reform, and I There have been over 50 failures among Mr. Speaker, H.R. 2276 directly ad- am pleased in February the President these five sites within the past year. It dresses the problems at the FAA that signed the DOD Authorization Act, is clear that this outdated and anti- we unfortunately see spelled out on the which included many of the procure- quated equipment is more prone to ex- nightly news on a regular basis. The ment reforms I have been seeking for perience problems and outages, and it bill recognizes that the problems at the some time. Unfortunately, the final is time to bring the FAA into the 21st FAA are systematic and not related to, outcome of that legislation fell some- century. or greatly affected by, any particular what short of our initial expectations. Unfortunately, the FAA today is op- individual’s management style or phi- What I had hoped for was bold procure- erating under burdensome, cum- losophy. It is time to make changes at ment reform for every agency of the bersome procurement personnel proce- the agency so that the very capable Federal Government. dures that make it difficult to replace people leading the FAA can have flexi- With H.R. 2276, we have an oppor- outdated equipment and ensure that fa- bility, resources, and management tunity at least to give the FAA an op- cilities are properly staffed. tools to anticipate and develop policies portunity to make those bold reforms I would like to touch briefly on the for the changes coming in the highly in procurement and personnel manage- situation we are facing with the re- dynamic aviation industry. ment. This is long overdue. Before we placement computers known as the Ad- This bipartisan legislation has strong waste many more years and many hun- vanced Automation System. This new support within the Transportation and dreds of millions of dollars developing computer system, which was to be in- Infrastructure Committee and cur- systems, we should enact this legisla- stalled in Chicago and other centers, is rently has 62 cosponsors. It is what the tion. I urge my colleagues to support 10 years behind schedule and an esti- FAA needs to operate effectively and H.R. 2276. mated $4 billion over budget. The FAA Mr. SHUSTER. Mr. Speaker, I yield 2 efficiently to meet the needs of the 21st has made a commitment to put in minutes to the gentleman from Illinois century. place interim computers at these cen- [Mr. WELLER] the vice chairman of the Mr. Speaker, I urge support of the ters. However they will not be oper- Subcommittee on Aviation. legislation. Mr. Speaker, I want to note that the ational at least for a year and a half. b 1600 hearing we held in Illinois at the re- Mr. Speaker, I urge that this legisla- quest and urging of the gentleman tion be adopted. Mr. SHUSTER. Mr. Speaker, I am Mr. SHUSTER. Mr. Speaker I am pleased to yield 2 minutes to the gen- from Illinois [Mr. WELLER] to examine the power outages at the air traffic pleased to yield 2 minutes to the gen- tleman from Pennsylvania [Mr. tleman from Iowa [Mr. LIGHTFOOT], one CLINGER], the distinguished senior control center in Aurora outside of Chicago, was very instrumental in of the architects of this legislation. member of our committee. Mr. OBERSTAR. Mr. Speaker, I yield Mr. CLINGER. Mr. Speaker, I thank helping us to develop the legislation which is before us today, and I want to 15 seconds to the gentleman from Iowa. the chairman very much for yielding The SPEAKER pro tempore [Mr. this time to me, and want to commend thank the gentleman for his very sig- nificant contribution to this legisla- CAMP]. The gentleman from Iowa [Mr. him for his outstanding leadership in LIGHTFOOT] is recognized for 21⁄4 min- helping shape this important piece of tion. (Mr. WELLER asked and was given utes. legislation and bringing it to the floor permission to revise and extend his re- (Mr. LIGHTFOOT asked and was today in an expedited fashion. In fact, marks.) given permission to revise and extend I want to commend all of those who Mr. WELLER. Mr. Speaker, I do want his remarks. have been involved in shaping this leg- to commend the gentleman from Penn- Mr. OBERSTAR. Mr. Speaker, will islation. As the gentleman from Min- sylvania, Chairman SHUSTER, and the the gentleman yield? nesota [Mr. OBERSTAR] said, this is in- gentleman from Tennessee, Chairman Mr. LIGHTFOOT. I yield to the gen- deed an exciting day, sort of a land- DUNCAN, and the ranking members for tleman from Minnesota. mark day for the entire aviation com- this bipartisan effort on an issue that Mr. OBERSTAR. Mr. Speaker, I wish munity, and I am pleased to rise in is so very important. This legislation, to pay compliment to the gentleman very strong support of this extremely frankly, is sorely needed. from Iowa [Mr. LIGHTFOOT] for the long important piece of legislation. Mr. Speaker, at the Aurora air traffic years of work that he has devoted in Mr. Speaker, I did serve for 6 years as control center serving the world’s busi- the field of aviation and to this issue of the ranking Republican on the Sub- est airport, Chicago-O’Hare, there are an independent FAA. The gentleman committee on Aviation working with 30-year-old computers that are still has been a strong voice and a consist- my good friend and mentor, and most programmed with computer punch ent voice, a strong point of support, of what I have learned about aviation cards, and today the FAA is still the and I salute him for all his contribu- matters came from JIM OBERSTAR. We world’s largest purchaser of vacuum tions to the formulation of this legisla- worked very hard and held countless tubes. Clearly these technologies, com- tion and getting us to the point where hearings about the enormously, enor- puter punch cards and vacuum tubes, we are today. mously complex regulations under are technologies that have been aban- Mr. LIGHTFOOT. Mr. Speaker, re- which FAA has to operate to build and doned by the private sector decades claiming my time, I thank the gen- install a new air traffic control system. ago. This is clearly an illustration of tleman for his kind comments and The FAA is a case book example, Mr. why we need to bring the FAA into the would like to return the favor as well, Speaker, of Government regulation run 21st century. because part of what we put together amok. The result has been a monu- Mr. Speaker, I rise in support of H.R. the gentleman drew the original blue- mental bungling of one of the most 2276, the FAA Revitalization Act. Re- print for. critically needed initiatives ever un- cent computer shutdowns at various Mr. Speaker, I rise today in support dertaken by the FAA, which is the de- air traffic control centers have brought of H.R. 2276, the FAA Revitalization velopment and purchase of an advanced to the forefront an issue of grave con- Act. At the outset, let me commend automation system, This system was cern regarding air traffic safety. Au- Chairmen SHUSTER and DUNCAN and to have replaced our 1950’s era air traf- rora air traffic control center, which ranking members OBERSTAR and LIPIN- fic control system. No matter the FAA serves the world’s busiest airport, Chi- SKI for bringing forward this important began in the early 1980’s to replace this cago O’Hare, is equipped with a 1960’s legislation for our consideration today. outdated system, today, 25 years later vintage IBM 9020 E computer. Let me also congratulate the staff of H2066 CONGRESSIONAL RECORD — HOUSE March 12, 1996 the Aviation Subcommittee on its hard ment this concept to see if it may hold STEVENS, will also help Congress estab- work getting us here. part of the solution to our trust fund lish how much, if any, of a funding Last year, the Secretary of Transpor- difficulties. shortfall might lie ahead for the agen- tation, Federico Pen˜ a, testified that Just as importantly, the bill will cy. the Clinton administration proposal for allow us to terminate 200 positions at Companion legislation in the other a Government owned air traffic control the Department of Transportation— body would pursue drastic measures to corporation was the only solution to eliminating duplicative bureaucracy deal with a perceived crisis. GAO is al- the problems that exist at the FAA. I that wastes taxpayer dollars. Taxpayer ready showing this funding shortfall was very skeptical of this proposal be- dollars which could be better spent may be based on unreliable informa- cause I personally do not believe we funding priority transportation needs. tion provided by the administration. In should separate the FAA’s safety over- In closing, I would like to comment the past few years, you have heard a sight function from the operation of on the Secretary of Transportation’s lot of rhetoric from the FAA about the air traffic control system. Further, position regarding this legislation. The making the agency run more like a the General Accounting Office con- Secretary’s opposition to an independ- business. Well no business should be cluded that some of the financial as- ent FAA is understandable. FAA rep- based on the sloppy propaganda we sumptions used by the administration resents most of his budget and employ- have gotten from the administration made the corporation proposal look su- ees. about this so-called funding crisis. perficially attractive to those of us But the Secretary chooses to delib- Mr. Speaker, this bill does not create trying to balance the Federal budget— erately misrepresent this legislation. the Secretary of Transportation’s Gov- but were not necessarily realistic. He portrays this legislation as creating ernment-owned corporation, or as I call In response to the problems we all a new bureaucracy. Far from it, as we it, the Postal Service of the Skies. It agree on, that FAA needs personnel, have already shown, this legislation also does not give the Secretary the procurement, and financial reforms, I will reduce over 200 duplicative posi- new taxes he wanted because they sim- introduced H.R. 1392, legislation restor- tions within DOT. In fact, it is my hope ply are not justified. What we have ing FAA to independent agency status. this legislation will start another de- here on the floor today is a bill that ev- Frankly, very little in this town is bate—about the future of the Depart- eryone should support. A bill which has original and my proposal owed a great ment of Transportation. the support of the entire aviation com- deal to previous work on this issue by When it became clear there was no munity and a bill which will satisfy folks like JIM OBERSTAR, WENDELL support for the administration’s ATC your constituents’ demand for a safe FORD, and Barry Goldwater. corporation proposal, the Secretary and efficient air transportation sys- Shortly thereafter, the chairman of suddenly decided that aviation faced an tem. I urge all my colleagues to sup- the Aviation Subcommittee, Rep- imminent funding crisis. So now, the port this legislation. Mr. SHUSTER. Mr. Speaker, I am resentative DUNCAN, concluded his ex- administration proposes we abandon tensive series of hearings on FAA re- the current system of aviation excise pleased to yield 2 minutes to the dis- form and also concluded that restoring taxes and set up an entirely new sys- tinguished gentleman from New Jersey FAA to independent agency status was tem of aviation taxes—taxes to be de- [Mr. FRANKS], a very important mem- ber of our committee. the best alternative for reform. In Sep- termined by the administration and Mr. FRANKS of New Jersey. Mr. tember, working as a bipartisan team, raised as it sees fit. Speaker, first I want to congratulate we introduced the bill before the House The basis of the administration’s so- the gentleman from Pennsylvania, today. called funding crisis comes from a pro- Chairman SHUSTER, the gentleman H.R. 2276 largely resembles my origi- jection of FAA’s future spending needs from Tennessee, Chairman DUNCAN, the nal legislation. It restores the FAA to versus an extrapolation of future fund- gentleman from Illinois, Mr. LIPINSKI, independent agency status. It perma- ing based on recommendations made by and the gentleman from Minnesota, nently exempts FAA from certain oner- the joint budget resolution. Mr. OBERSTAR, for their excellent work ous procurement and personnel regula- But this funding crisis is, in my opin- in bringing this bill to the floor today. tions. However, the legislation also es- ion, a phony one. At the request of the Mr. Speaker, today I rise in strong tablishes a Federal Aviation Board to Transportation Appropriations Sub- support of H.R. 2276, the Federal Avia- make major decisions and a Manage- committee, the GAO has been looking tion Administration Revitalization Act ment Advisory Committee composed of into the methods and assumptions as- of 1995. Although this bill contains high level industry representatives to sociated with this so-called funding many worthwhile provisions that will advise the FAA on certain manage- crisis. An interim report delivered to modernize and improve the FAA, I ment, policy, spending, and regulatory the Transportation Subcommittee last want to bring to my colleagues’ atten- matters. I am certain these provisions week indicates the Administration, in tion an amendment I offered in full will help make the FAA become a more documenting the so-called crisis, is committee that is of particular impor- businesslike agency. once again rigging the financial as- tance to my constituents, many of I share the concerns expressed by Mr. sumptions to get a predetermined an- whom have been severely impacted by LIVINGTON, Mr. WOLF, and others about swer. aircraft noise. Specifically, my amend- the ‘‘off-budget’’ provisions originally As an example Mr. Speaker, the ad- ment would establish the position of included in this bill. As you all know, ministration forgot to include the $2.4 aircraft noise ombudsman within the the issue of whether to take the trust billion in savings over the next 5 years FAA. funds off budget is a difficult and divi- which it estimates will come from the The idea of an aircraft noise ombuds- sive one. I commend Mr. SHUSTER and personnel and procurement reforms in- man is long overdue. In my home State Mr. DUNCAN for dropping those provi- cluded in this legislation and last of New Jersey, the FAA has either ar- sions, temporarily I am sure, so as to year’s transportation appropriations rogantly dismissed or totally ignored allow this bill to move forward today. bill. If we didn’t know better, we would the pleas from my constituents for re- However, the bill does contain lan- think this phony funding crisis was lief. After the Expanded East Coast guage creating a select panel to review just another scare tactic from an ad- Plan [EECP] was implemented by the innovative funding mechanisms such as ministration whose resistance to a 7- FAA in 1987, it took years for the FAA loan guarantees and restructured grant year balanced budget is well known. to even react to the significant in- programs, to ensure funds are available Because of the administration’s on- crease in aircraft noise over New Jer- for future improvements in the Na- going practice of cooking the books to sey that resulted from their policies. tion’s aviation infrastructure. I hope get a predetermined answer and as a By passing this bill today, Congress the panel will look closely at the con- means of further resolving any doubt will ensure that there will be an advo- cept of linked funding, developed by about the future funding needs of the cate in the FAA bureaucracy who will the Aircraft Owners and Pilots Asso- FAA, the bill now includes a provision represent the concerns of residents af- ciation, which will link aviation taxes directing an independent audit of the fected by airline flight patterns. collected to aviation funding. I am cur- FAA. This proposal, first advanced by This amendment also gives citizens rently drafting legislation to imple- my friend from the other body, Senator someone to turn to should they have a March 12, 1996 CONGRESSIONAL RECORD — HOUSE H2067 comment, complaint, or suggestion priation to be used, half to go to bo- enjoys strong bipartisan support. Moreover, it dealing with aircraft noise. As the ex- nuses for FAA employees and half to be is widely supported by the general aviation in- perience in New Jersey demonstrates, applied to the deficit. This was simply dustry. the FAA views the very real concerns a way to try to encourage some savings H.R. 2276 presents an opportunity to of our constituents regarding aircraft by a Federal agency as a way to help in change and improve our Nation's aviation sys- noise as nothing more than a minor in- a small way the deficit. But I can as- tem. For years, those in the aviation industry convenience. For example, when the sure the gentleman we meant in no have stressed the crucial need for FAA re- FAA was flooded by telephone calls way to try to sneak this through or form, and the need for the FAA to acquire from irate citizens after the EECP was pull anything over on the Committee state-of-the-art equipment in a timely manner. implemented, their response was to be- on Appropriations. I can assure the H.R. 2276 accomplishes this goal. This bill latedly install an answering machine gentleman that we will work with the makes the FAA independent of the Depart- on a single telephone line which was gentleman to remove any objections ment of Transportation, allowing the FAA to constantly jammed and to which citi- that either the gentleman from Vir- manage and regulate the safety of the air traf- zens were unable to get through. The ginia or the Committee on Appropria- fic control system without second-guessing or American people deserve better treat- tions would have in regard to this par- interference by the Department of Transpor- ment when it comes to the decisions ticular provision. tation, it frees the FAA from burdensome Fed- that directly affect their quality of Mr. MARTINI. Mr. Speaker, I rise today in eral procurement and personnel rules, and it life. support of the Federal Aviation Administration establishes a commonsense management Moreover, by requiring the ombuds- Revitalization Act of 1995, H.R. 2276. As a structure for the FAA. man be appointed by the FAA Board, member of the House Transportation Sub- By passage of H.R. 2276, Congress is dem- and not by the Administrator, Con- committee on Aviation and a cosponsor of this onstrating its commitment to strengthening the gress will be assured that the position bill, I recognize the strong need to revamp and FAA and supporting general aviation and other will be filled by a fair and independent modernize the FAA to provide the safest, most segments of the aviation industry. I urge the individual, and not simply serve as a efficient, and most cost-effective delivery of prompt passage of this legislation so that we mouthpiece for the FAA bureaucracy. service available. can ensure a safer and more efficient aviation Ideally, I believe an aircraft noise ac- It is clear that as the aviation industry system for America and its air travelers. tivist from New Jersey would be the grows, the FAA's existing structure does not Mr. RAHALL. Mr. Speaker, I rise in strong perfect candidate for this new position. have the flexibility to grow with it. This is a re- support of H.R. 2276, the Federal Aviation Ad- After all, no group of citizens are more sponsible bill and exemplifies our efforts to ministration Revitalization Act which is before familiar with aircraft noise or the FAA maximize resources. First, it will modernize us today. bureaucracy than my constituents. this outdated bureaucratic structure. Next, it This bill, briefly, calls for the strengthening Mr. Speaker, my amendment is ex- will help make air travelÐa key component of of the FAA by creating it as a separate agen- tremely important to the people of our economyÐmore productive, allowing the cy, and will make other meaningful and much New Jersey, and to the residents of any FAA to design its own personnel rules and needed changes in the management of this area of the Nation affected by aircraft avoid interference within the Department of most critical of Federal agencies. noise. I urge my colleagues to dem- Transportation. Last, with this new structure in Important to our consideration of this bill, onstrate to their constituents that place, Federal dollars can finally be used for and I call it to the attention of all my col- Congress is genuinely interested in new equipment and aviation personnel, not leagues, is that it provides for the implementa- mitigating the effects of aircraft noise Government bureaucrats. tion of numerous reforms of the Agency's pro- by passing this excellent bill. Of specific concern to me and thousands of curement and personnel management prac- Mr. SHUSTER. Mr. Speaker, I am my constituents in northern New Jersey is air- tices. When enacted, this bill will provide the pleased to yield 1 minute to the gen- craft noise. What has happened over the last FAA and its employees the necessary frame- tleman from Virginia [Mr. WOLF] the 5 to 8 years has been disheartening to say the work within which equipment modernization, distinguished chairman of the Sub- least. We have seen the FAA, a Federal bu- cost savings, and labor-management team- committee on Transportation of the reaucracy seemingly so set in its ways, vir- work can be fostered and will serve as a Committee on Appropriations. tually dismiss the concerns raised by home- model for other Federal agencies. Mr. WOLF. Mr. Speaker, I thank the owners affected by Federal policies which It is urgent also that we enact this legislation chairman for yielding me this time. have increased overhead noise. Mr. Speaker, in order to protect and preserve the applicabil- Mr. Speaker, I understand that the imagine the frustration felt by the taxpaying ity to the FAA of certain portions of title 5 of gentleman has proposed an amendment citizens of Montclair, NJ, who continue to be the U.S. Code critical to ensure that FAA em- in the nature of a substitute which dif- ignored and watch as the quality of their life ployees can continue to have the statutory au- fers in numerous ways from the bill, erodes in the wake of thunderous jet engines. thority to be represented before the Agency H.R. 2276, that was reported out. I am Perhaps the FAA's ears have grown deaf to and closely work with management to further told the most significant of these concerns from the very noise they have cre- implement needed reforms in a cohesive, changes involved the deletion of the off ated. structured fashion. budget provisions. Is that accurate? The people of New Jersey need someone Many other changes to the Agency's struc- Mr. SHUSTER. Mr. Speaker, if the within the FAA who is receptive to legitimate ture, leadership, and operation are contained gentleman will yield, the gentleman is noise of concerns. By supporting this impor- in the bill, and are equally important to ensure correct. tant piece of legislation, Congress will ensure the continued safety of the Nation's air trans- Mr. WOLF. Mr. Speaker, I thank the the residents of New Jersey that their con- portation system. chairman for that. The other thing, for cerns will have a seat at the policymaking As many of my colleagues are aware, H.R. purposes of clarity, would the gen- table. And while I believe H.R. 2276 is a giant 2276 originally contained a provision to re- tleman briefly describe what are some step in the right direction, I will continue to move the aviation trust funds off-budget, but in of the other changes that were made closely monitor all FAA policies which could an agreement with the Republican leadership, from the bill? adversely affect my constituents. From this this portion of the bill has been removed in Mr. SHUSTER. I would yield to the time on the FAA will be accountable for its de- order for it to be considered under suspension distinguished chairman of the sub- cisions. of the rules. I remain committed to this committee, the gentleman from Ten- I urge my colleagues to join me in support change, and will hope for consideration of a nessee, [Mr. DUNCAN], for an answer. of this bill and give the American people what free-standing bill, H.R. 842, that will take both Mr. DUNCAN. Mr. Speaker, will the they deserveÐsafe and effective air travel. aviation, highway, and other trust funds off gentleman yield? Mr. BURTON of Indiana. Mr. Speaker, I rise budget later this session. Mr. WOLF. I yield to the gentleman in strong support of H.R. 2276, the Federal The importance of this bill is second only, in from Tennessee. Aviation Administration Revitalization Act. This my view, of our need to increase spending on Mr. DUNCAN. Mr. Speaker, the main well-crafted bill, introduced by Congressman our aviation infrastructure, rather than continue provision was to take the off budget LIGHTFOOT and House Aviation Subcommittee the reductions in spending for such as the Air- proposal out. We have another inser- Chairman JOHN DUNCAN Jr., was unanimously port Improvement Program [AIP] we have tion there that would allow any sav- approved by the Aviation Subcommittee and seen over the past several funding cycles. It is ings from the FAA from their appro- the full House Transportation Committee, and my hope that we can, through the aviation H2068 CONGRESSIONAL RECORD — HOUSE March 12, 1996 funding study authorized in the bill, be pro- agency will assume the current powers of the eral months, I have been hearing from FAA vided useful information on innovative financ- Federal Aviation Administration [FAA], for employees in my district who are very con- ing mechanisms that could be used to fund aviation safety, air traffic control, airway mod- cerned that Congress will not meet its April 1 FAA operations and the development of avia- ernization, and yes, aircraft noise mitigation. deadline and that they will lose their rights to tion infrastructure. In the meantime, I believe As a Nation we are very dependent on avia- negotiate with the FAA about the new person- that the dedicated funds, which are now in tion for movement of our citizens and move- nel system. These employees have a great surplus, contained in the trust fund for aviation ment of many goods and products. We need deal at stake. Let's get this bill enacted before purposes should be spent for the purpose in- an agency that is responsible to the aviation it's too late. tended. industry, air travelers, as well as all taxpayers Again, I commend my colleagues on their Mr. EWING. Mr. Speaker, I want to thank across our Nation. fine work and would ask my colleagues to Chairman SHUSTER and Aviation Subcommit- In my view and the view of many aviation support this bill. tee Chairman DUNCAN for the expert leader- professionals, the stonewalling and arrogance Mr. SHUSTER. Mr. Speaker, I have ship they have demonstrated in bringing this which characterize the FAA's response to no further requests for time, and I much-needed fundamental FAA reform legisla- noise complaints, reflects the culture, atti- yield back the balance of my time. tion before the House of Representatives tudes, and philosophy of its parent bureauc- Mr. OBERSTAR. Mr. Speaker, I have today. As a member of the Aviation Sub- racy, the U.S. Department of Transportation no further requests for time, and I committee, and as a frequent flyer, I am com- [DOT]. Making the FAA independent of the yield back the balance of my time, and mitted to ensuring that our Nation's aviation massive DOT bureaucracy, as well as the cre- ask all Members to support this very system remains the safest and most efficient ation of the Management Advisory Committee important landmark legislation. in the world. H.R. 2276, the FAA Revitalization and the Aircraft Noise Ombudsman, will en- The SPEAKER pro tempore. The Act, is sound bipartisan legislation that will able the FAA to better represent the tax- question is on the motion offered by strengthen and improve U.S. aviation. payers. In a streamlined and independent the gentleman from Pennsylvania [Mr. H.R. 2276 will restore efficiency and ac- agency, no decisionmaker will be able to hide SHUSTER] that the House suspend the countability to the FAA by removing FAA from behind layers of DOT bureaucracy. The three rules and pass the bill, H.R. 2276, as U.S. Department of Transportation control and members of the Federal Aviation Board, who amended. establishing it as an independent agency. The will administer the FAA, will be more visible The question was taken; and (two- new FAA will have a corporate structure, with and publicly accountable. thirds having voted in favor thereof) a five-member Board of Directors, and a chief My colleague from New Jersey, Congress- the rules were suspended and the bill, executive officer from the aviation industry man BOB FRANKS, and his constituents, have as amended, was passed. who will oversee the Agency's daily operation. experienced the same frustrations as I have A motion to reconsider was laid on This arrangement will provide direct account- with the FAA bureaucracy in the DOT. His the table. ability and improve FAA's responsiveness to successful effort to include in this legislation GENERAL LEAVE the aviation community. It will also save tax- the creation of an Aircraft Noise Ombudsman Mr. SHUSTER. Mr. Speaker, I ask payers money by eliminating 200 FAA over- directly addresses the needs for the taxpayers unanimous consent that all Members sight positions in DOT. to have an advocate for their concerns regard- may have 5 legislative days within However, the reforms contained in H.R. ing the very important issue of aircraft noise which to revise and extend their re- 2276 are not just structural. The bill imple- mitigation. The success of the Aircraft Noise marks on H.R. 2276, as amended. ments desperately needed personnel and pro- Ombudsman will depend on the degree to The SPEAKER pro tempore. Is there curement reforms. Under current rules, the which the FAA changes its approach toward objection to the request of the gen- FAA does not have the flexibility to sufficiently communicating with taxpayers and Congress. tleman from Pennsylvania? allocate employees to facilities that are chron- The establishment of the FAA as an independ- There was no objection. ically understaffed, like the Chicago en route ent agency provides a positive starting point. f center, while other facilities are over staffed. Consequently, Mr. Speaker, I ask that my H.R. 2276 grants FAA private sector-like pow- colleagues support H.R. 2276 and give the b 1615 ers to hire and dismiss employees, a well as American taxpayers a more responsive and BI-STATE DEVELOPMENT AGENCY, the additional flexibility to offer incentives to efficient Federal Aviation Administration. BY THE STATES OF MISSOURI employees for accepting jobs in hard to staff Ms. BROWN of Florida. Mr. Speaker, Chair- AND ILLINOIS facilities. This personnel flexibility is achieved man SHUSTER, Congressman OBERSTAR, Con- with the support of each major FAA employee gressman DUNCAN, Congressman LIPINSKI, Mr. GEKAS. Mr. Speaker, I move to union, and without weakening employee's and I want to commend and congratulate you suspend the rules and pass the joint rights to collectively bargain. for working together in a bipartisan fashion to resolution (H.J. Res. 78), to grant the Finally, H.R. 2276 implements critical FAA bring a good bill to the House floor. consent of the Congress to certain ad- procurement reforms. Current Federal pro- H.R. 2276, the FAA Revitalization Act, ad- ditional powers conferred upon the Bi- curement rules are so inefficient and cum- dresses FAA's serious bureaucracy and pro- State Development Agency by the bersome that new equipment is often outdated curement problems while ensuring that Con- States of Missouri and Illinois, as by the time it is installed. This problem not gress keeps an important oversight role. H.R. amended. only deprives the traveling public and the avia- 2276 makes the FAA an independent agency The Clerk read as follows: tion community of the latest and best equip- separate from DOT but still part of the execu- H.J. RES. 78 ment, but it frequently results in substantial tive branch. H.R. 2276 exempts the Agency Whereas the Congress in consenting to the Government waste and chronically over-budg- from personnel and procurement systems, compact between Missouri and Illinois creat- et projects. For example, the FAA's plans to subject to congressional review. However, this ing the Bi-State Development Agency and replace its aging en route traffic control com- bill does require FAA to develop new person- the Bi-State Metropolitan District provided puters with the new advanced automation sys- nel and procurement systems tailored to meet that no power shall be exercised by the Bi- tem [AAS] is nearly 10 years behind schedule the FAA's specific needs while still maintaining State Agency under the provisions of article important employee rights such as whistle- III of such compact until such power has and approximately $4 billion over its original been conferred upon the Bi-State Agency by budget. These cost overruns and delays are blowers protection, labor-management rela- the legislatures of the States to the compact clearly unacceptable by any reasonable stand- tions, and laws prohibiting discrimination. and approved by an Act of Congress; and ards. That's why it is important that H.R. 2276 be Whereas such States have now enacted cer- Mr. Speaker, H.R. 2276 is true reform legis- enacted into law before April 1. tain legislation in order to confer certain ad- lation. It will fundamentally improve and re- If this bill is not enacted into law before April ditional powers on such Bi-State Develop- structure the FAA, which will benefit anyone 1, then the fiscal year 1996 Transportation Ap- ment Agency: Now, therefore be it who flies in the United States. For all the rea- propriations Act's requirement that the FAA Resolved by the Senate and House of Rep- sons I have outlined above, I urge all of my establish new personnel and procurement resentatives of the United States of America in Congress assembled, That (a) the consent of colleagues to support passage of H.R. 2276. rules will go into effect. Unfortunately, the Ap- Congress is hereby given to the additional Mr. FRELINGHUYSEN. Mr. Speaker, today propriations Act does not require the FAA to powers conferred on the Bi-State Develop- I rise in support of H.R. 2276, the Federal adhere to employee rights that are clearly stat- ment Agency of the Compact Between Mis- Aviation Revitalization Act of 1996. This legis- ed in H.R. 2276, especially the protection of souri and Illinois approved under the Joint lation assures that an independent Federal labor-management relations. For the last sev- Resolution of August 31, 1950 (64 Stat. 568) by March 12, 1996 CONGRESSIONAL RECORD — HOUSE H2069 section 70.378 of the Act of May 26, 1993 (1993 seeks congressional approval for addi- HISTORIC CHATTAHOOCHEE Mo. Laws 382) and section 5 of Public Act 88– tional powers conferred on the Bi-State COMPACT 611, Laws of Illinois 1994. Development Agency of Missouri and Mr. GEKAS. Mr. Speaker, I move to (b) The powers consented to in subsection Illinois by those two State legislatures. (a) and conferred by the laws referred to in suspend the rules and pass the bill such subsection shall take effect on January These additional powers involve the ju- (H.R. 2064) to grant the consent of Con- 1, 1995. risdiction of various local police offi- gress to an amendment of the historic SEC. 2. The provisions of the Joint Resolu- cers to make arrests on the light-rail Chattahoochee compact between the tion of August 31, 1950 (64 Stat. 568) shall system and the agency’s efforts to States of Alabama and Georgia. apply to the additional powers approved prosecute fare evaders. The Clerk read as follows: under this joint resolution to the same ex- Mr. Speaker, I urge speedy passage of H.R. 2064 tent as if such additional powers were con- this legislation. ferred under the provisions of the compact Be it enacted by the Senate and House of Rep- consented to in such Joint Resolution. Mr. Speaker, I yield back the balance resentatives of the United States of America in SEC. 3. The right to alter, amend, or repeal of my time. Congress assembled, this joint resolution is expressly reserved. Mr. COSTELLO. Mr. Speaker, I rise today in SECTION 1. CONSENT OF CONGRESS TO THE HIS- TORIC CHATTAHOOCHEE COMPACT SEC. 4. The right is hereby reserved to the support of House Joint Resolution 78, of which BETWEEN THE STATES OF ALABAMA Congress to require the disclosure and fur- I am a cosponsor. This legislation is nec- AND GEORGIA. nishings of such information or data by the essary to give enforcement authority to the Bi- The consent of Congress is given to the Bi-State Development Agency as is deemed State Development Agency, the local organi- amendment of articles I, II, and III of the appropriate by the Congress. zation that operates the mass transit system in Historic Chattahoochee Compact between The SPEAKER pro tempore. Pursu- the St. Louis metropolitan region. Bi-State was the States of Alabama and Georgia, which ant to the rule, the gentleman from originally established by the States of Illinois articles, as amended, read as follows: Pennsylvania [Mr. GEKAS] and the gen- and Missouri and approved by the U.S. Con- ‘‘ARTICLE I tleman from Rhode Island [Mr. REED] gress. However, that compact did not give Bi- ‘‘The purpose of this compact is to pro- will each be recognized for 20 minutes. State the authority to appoint or employ a se- mote the cooperative development of the The Chair recognizes the gentleman Chattahoochee valley’s full potential for his- curity force or to enact rules and regulations toric preservation and tourism and to estab- from Pennsylvania [Mr. GEKAS]. governing fare evasion and other conduct. Mr. GEKAS. Mr. Speaker, I yield my- lish a joint interstate authority to assist in As Bi-State has expanded from providing these efforts. self such time as I may consume. transit via buses to the large-scale and widely ‘‘ARTICLE II Mr. Speaker, as everyone knows by known success of the MetroLink light rail sys- now, the Constitution of the United ‘‘This compact shall become effective im- tem, its needs have changed. With its growth mediately as to the States ratifying it when- States empowers, no, directs the Con- and new responsibilities, the agency now re- ever the States of Alabama and Georgia have gress to approve any kind of compact quires more authority to enact rules and regu- ratified it and Congress has given consent that may be entered into by any of the lations on fare collection and to employ a se- thereto. several States. If more than one State curity force. MetroLink passengers currently ‘‘ARTICLE III wishes to join with another in a joint pay fares through a barrier-free, self-service, ‘‘The States which are parties to this com- venture, the consent of the Congress proof-of-payment system. This system, while pact (hereinafter referred to as ‘party must be sought and obtained under the successful, needs a consistent enforcement States’) do hereby establish and create a joint agency which shall be known as the Constitution. policy to ensure fare compliance. So, from time to time, we here in the Historic Chattahoochee Commission (herein- The agency does not currently have the au- House, in fact the entire Congress has after referred to as the ‘Commission’). The thority to enact these rules under the original to entertain importunings from various Commission shall consist of 28 members who compact approved by the U.S. Congress. Be- shall be bona fide residents and qualified States to approve such compacts. cause both the Illinois and Missouri Legisla- voters of the party States and counties Back in 1950 there was such a com- tures have acted to extend Bi-State's authority served by the Commission. Election for va- pact approved by the Congress between and because local officials and Members of cant seats shall be by majority vote of the Missouri and Illinois having to do with voting members of the Commission board at Congress from the region support the change, a joint venture across the river that di- a regularly scheduled meeting. In Alabama, I urge my colleagues to support passage of vides them, and that compact was ap- two shall be residents of Barbour County, this legislation. proved. That had to do with planning, two shall be residents of Russell County, two Mr. GEKAS. Mr. Speaker, I have no development, et cetera. Now, the two shall be residents of Henry County, two shall further requests for time, and I yield be residents of Chambers County, two shall States have found reason to come back back the balance of my time. be residents of Lee County, two shall be resi- to the Congress because one of the The SPEAKER pro tempore. The dents of Houston County, and two shall be agencies that they empowered began question is on the motion offered by residents of Dale County. In Georgia, one operating a light-rail transit system shall be a resident of Troup County, one the gentleman from Pennsylvania [Mr. and requested that the respective legis- shall be a resident of Harris County, one GEKAS] that the House suspend the latures authorize it to appoint or em- shall be a resident of Muscogee County, one rules and pass the joint resolution, ploy a security force to prevent fare shall be a resident of Chattahoochee County, House Joint Resolution 78, as amended. evasion and other misconduct on the one shall be a resident of Stewart County, The question was taken. one shall be a resident of Randolph County, system. Mr. GEKAS. Mr. Speaker, I object to one shall be a resident of Clay County, one So, the Illinois Legislature and the the vote on the ground that a quorum shall be a resident of Quitman County, one Missouri Legislature did exactly that, is not present and make the point of shall be a resident of Early County, one shall passed their own concurrent legisla- be a resident of Seminole County, and one order that a quorum is not present. tion, as it were, which they referred to shall be a resident of Decatur County. In ad- us for our consent, and that is the gist The SPEAKER pro tempore. Pursu- dition, there shall be three at-large members of this bill. ant to clause 5, rule I, and the Chair’s who shall be selected from any three of the Mr. Speaker, we ask that the Con- prior announcement, further proceed- Georgia member counties listed above. The ings on this motion will be postponed. Commission at its discretion may appoint as gress approve it with first a vote here many advisory members as it deems nec- in the House. Our subcommittee and The point of no quorum is considered withdrawn. essary from any Georgia or Alabama County, the full committee approved the pass- which is located in the Chattahoochee Valley ing of this legislation and have brought GENERAL LEAVE area. The contribution of each party State it to this stage in the legislative proc- Mr. GEKAS. Mr. Speaker, I ask unan- shall be in equal amounts. If the party ess. imous consent that all Members may States fail to appropriate equal amounts to Mr. Speaker, I reserve the balance of have 5 legislative days within which to the Commission during any given fiscal year, my time. revise and extend their remarks on the voting membership on the Commission board Mr. REED. Mr. Speaker, I yield my- joint resolution just considered. shall be determined as follows: The State making the larger appropriation shall be en- self such time as I may consume. The SPEAKER pro tempore. Is there titled to full voting membership. The total Mr. Speaker, I rise in support of the objection to the request of the gen- number of members from the other State bill. I know of no objections to this leg- tleman from Pennsylvania? shall be divided into the amount of the larg- islation. House Joint Resolution 78 There was no objection. er appropriation and the resulting quotient H2070 CONGRESSIONAL RECORD — HOUSE March 12, 1996 shall be divided into the amount of the States recently found that they wanted confusing and time consuming proceed- smaller appropriation. The then resulting to change the nomination process for ings. quotient, rounded to the next lowest whole the commission’s board, so in 1993 they This legislation amends the process number, shall be the number of voting mem- each enacted an amendment, Georgia by making the election of commis- bers from the State making the smaller con- tribution. The members of the Commission on the one hand, Alabama on the other sioners to vacant seats by majority from the State making the larger contribu- hand. Their legislatures acted, and now vote of the voting members of the com- tion shall decide which of the members from they come to us to seek approval mission. Some members are nonvoting. the other State shall serve as voting mem- through the constitutional process. Since Congress originally approved bers, based upon the level of tourism, preser- We in the Subcommittee on Commer- this compact back in 1978, both the vation, promotional activity, and general cial and Administrative Law heard tes- Alabama and Georgia attorneys gen- support of the Commission’s activities by timony on this legislation and reported eral have determined that the Historic and in the county of residence of each of the it to the full Committee on the Judici- Chattahoochee Commission cannot use members of the State making the smaller the amended appointment process appropriation. Such determination shall be ary on October 19. The Committee on made at the next meeting of the Commission the Judiciary reported favorably on the without the approval of Congress. This following September 30 of each year. Mem- bill by voice vote, and we are here. legislation is obviously supported by bers of the Commission shall serve for terms Neither I nor anyone that I know of the States of Alabama and Georgia, of office as follows: Of the 14 Alabama mem- has any objection to the bill. and I am aware of no opposition. bers, one from each of said counties shall Mr. Speaker, I reserve the balance of Mr. Speaker, these changes will cer- serve for two years and the remaining mem- my time. tainly enable the commission to place ber of each county shall serve for four years. Mr. REED. Mr. Speaker, yield myself more of their efforts on promoting Upon the expiration of the original terms of such time as I may consume. tourism in this area of Alabama and office of Alabama members, all successor Mr. Speaker, again I rise in support Georgia, and I urge the swift adoption Alabama members shall be appointed for four-year terms of office, with seven vacan- of this legislation. I know of no objec- of this legislation. cies in the Alabama membership occurring tions to this legislation. As the gen- Mr. REED. Mr. Speaker, I have no every two years. Of the 14 Georgia members, tleman from Pennsylvania has ex- further requests for time, and I yield seven shall serve four-year terms and seven plained, H.R. 2064 amends the Chat- back the balance of my time. two-year terms for the initial term of this tahoochee compact between the States Mr. GEKAS. Mr. Speaker, I note an compact. The terms of the individual Geor- of Alabama and Georgia to change the overwhelming absence of other speak- gia voting members shall be determined by method for filling vacancies on the His- ers and, therefore, I yield back the bal- their place in the alphabet by alternating toric Chattahoochee Commission. The ance of my time. the four- and two-year terms beginning with The SPEAKER pro tempore. The Chattahoochee County, four years, Clay bill was introduced by the gentleman County, two years, Decatur County, four from Alabama [Mr. EVERETT], along question is on the motion offered by years, etc. Upon the expiration of the origi- with the gentleman from Alabama [Mr. the gentleman from Pennsylvania [Mr. nal terms of office of Georgia members, all BEVILL], the gentleman from Georgia GEKAS] that the House suspend the successor Georgia members shall be ap- [Mr. BISHOP], the gentleman from Ala- rules and pass the bill, H.R. 2064. pointed for four-year terms of office, with bama [Mr. BROWDER], the gentleman The question was taken. seven vacancies in the Georgia membership from Alabama [Mr. CRAMER], and the Mr. GEKAS. Mr. Speaker, I object to occurring every two years. Of the three gentleman from Alabama [Mr. the vote on the ground that a quorum Georgia at-large board members, one shall HILLIARD]. is not present and make the point of serve a four-year term and two shall serve order that a quorum is not present. two-year terms. Mr. Speaker, I urge its passage and I ‘‘All board members shall serve until their am glad that I can participate in this The SPEAKER pro tempore. Pursu- successors are appointed and qualified. Va- historic event. ant to clause 5, rule I, and the Chair’s cancies shall be filled by the voting members Mr. Speaker, I reserve the balance of prior announcement, further proceed- of the Commission. The first chairman of the my time. ings on this motion will be postponed. commission created by this compact shall be Mr. GEKAS. Mr. Speaker, I yield The point of no quorum is considered elected by the board of directors from among such time as he may consume to the withdrawn. its voting membership. Annually thereafter, GENERAL LEAVE each succeeding chairman shall be selected gentleman from Alabama [Mr. EVER- by the members of the Commission. The ETT], who was instrumental in bringing Mr. GEKAS. Mr. Speaker, I ask unan- chairmanship shall rotate each year among this matter to the attention of the imous consent that all Members may the party States in order of their acceptance House of Representatives. have 5 legislative days within which to of this compact. Members of the Commission Mr. EVERETT. Mr. Speaker, the His- revise and extend their remarks on the shall serve without compensation but shall toric Chattahoochee Commission is in- bill just considered. be entitled to reimbursement for actual ex- volved in activities to promote tourism The SPEAKER pro tempore. Is there penses incurred in the performance of the du- objection to the request of the gen- ties of the Commission.’’. in the lower Chattahoochee River area, that encompasses 7 counties in Ala- tleman from Pennsylvania? The SPEAKER pro tempore. Pursu- bama and 11 counties in Georgia. The There was no objection. ant to the rule, the gentleman from commission has been very successful in f Pennsylvania [Mr. GEKAS] and the gen- these endeavors, which prompted the tleman from Rhode Island [Mr. REED] CONDEMN BOMBINGS IN ISRAEL National Trust for Historic Preserva- will each be recognized for 20 minutes. Mr. GILMAN. Mr. Speaker, I move to tion to identify this commission as a The Chair recognizes the gentleman suspend the rules and agree to the con- model heritage tourism organization. from Pennsylvania [Mr. GEKAS]. current resolution (H. Con. Res. 149) The legislation before the House, Mr. GEKAS. Mr. Speaker, I yield my- condemning terror attacks in Israel, as H.R. 2064, grants congressional consent self such time as I may consume. amended. to approve the changes made by the Mr. Speaker, the question recurs on The Clerk read as follows: the need for congressional action on a Alabama and Georgia Legislatures in H. CON. RES 149 compact that has heretofore been en- 1993 to an interstate compact. The changes made to the compact simplify Whereas, on February 25, 1996, two vicious tered into between two States. In this terror attacks in Jerusalem and Ashkelon particular case, the instant legislation the way the Historic Chattahoochee killed 2 American citizens and 25 Israelis, is one where a contract or compact had Commission appoints its board mem- and wounded over 75 more; been entered into between Alabama bers. Currently, the 28 board members, Whereas, on February 26, 1996, an Israeli and Georgia as required by our Con- 14 from each State, are appointed by a citizen was killed and 22 Israelis were injured stitution. cumbersome process involving an his- when a terrorist drove a rental car into a Je- The problem was that in 1978 when torical commission or similar body of rusalem bus stop; they created this Historic Chattahoo- each county to make the appointment. Whereas, on March 3, 1996, a suicide bus bombing in Jerusalem took the lives of 18 in- chee Commission, a Bi-State Heritage The problem is that some counties do nocent Israelis and other individuals and in- and Tourism Agency which serves 11 not have an historical organization, jured 10 more; Georgia and 7 Alabama counties along while other counties have several his- Whereas, on March 4, 1996, yet another hei- the Lower Chattahoochee River, the torical organizations, which has led to nous explosion by a suicide bomber in Tel March 12, 1996 CONGRESSIONAL RECORD — HOUSE H2071 Aviv murdered at least 13 and wounded 130 (4) reaffirms its full support for Israel in (Mr. GILMAN asked and was given more; its efforts to combat terrorism as it at- permission to revise and extend his re- Whereas, the Gaza-based Hamas terror tempts to pursue peace with its neighbors in marks.) group claimed responsibility for the most re- the region; cent bombings, and the Damascus-based Pal- (5) calls upon the Palestinian Authority, Mr. GILMAN. Mr. Speaker, I yield estinian Islamic Jihad and Popular Front for the elected Palestinian Council and Chair- myself such time as I may consume. the Liberation of Palestine terror groups man Arafat to act swiftly and decisively to Mr. Speaker, I rise in strong support have claimed responsibility for the majority apprehend and effectively punish the per- of House Concurrent Resolution 149, of terror attacks since the signing of the petrators of terror attacks, to prevent such legislation I introduced with the sig- Declaration of Principles; acts of terror in the future, to confiscate all nificant support of Members of this Whereas, these successive incidents rep- unauthorized weapons and to avoid and con- resent an unprecedented escalation by House, which condemns the recent ter- demn all statements and gestures which sig- rorist bombings in Israel. Hamas and Palestinian Islamic Jihad of nal tolerance for such acts and their their terrorist campaign designed to cause prepetrators; On February 25–26, and March 3–4, maximum carnage against the peaceful civil- (6) calls upon Chairman Arafat, the Pal- suicide bomber explosions murdered al- ian population of Israel, including children, estinian Authority and the elected rep- most 60 people and wounded over 200. women and the elderly; resentatives of the Palestinian Council to Such violence cannot be permitted to Whereas, these terrorist attacks are aimed eliminate the terrorist structure and terror- continue. The future of the peace proc- not only at innocent Israeli civilians but ist activities of Hamas, Palestinian Islamic also at destroying the Middle East peace ess, and the security of the people of Is- Jihad, the Popular Front for the Liberation rael, hang in the balance. process; of Palestine, and all other terror groups; Whereas, since the signing of the Declara- (7) calls upon Chairman Arafat, the Pal- House Concurrent Resolution 149 con- tion of Principle between Israel and the PLO estinian Authority and the elected rep- demns these terrorist acts in the on September 13, 1993 nearly 200 people, in- resentatives of the Palestinian Council to strongest possible terms. These attacks cluding 5 American citizens, have been killed adopt legislative and executive measures to are aimed not only at innocent Israeli in terrorist acts; ban the existence and operations of all ter- civilians and at destroying the Middle Whereas, the Palestine Liberation Organi- rorist organizations resident in the Palestin- East peace process, but additionally zation, the Palestinian Authority and Yasser ian autonomous areas; Araft have been ineffective and unsuccessful (8) insists that Chairman Arafat convene show that the PLO, and the Palestinian in completely rooting out the vicious terror- the Palestinian National Council, so that the Authority, under the chairmanship of ist elements from Palestinian controlled Palestinian National Covenant will be Yasser Arafat, have been ineffective areas, calling into question their amended of its vile references to Israel with- and unsuccessful in rooting out these committment to the peace process; in sixty days of the Palestinian Council’s in- vicious terrorist elements from Pal- Whereas, the vast majority of Palestinian auguration on March 7, 1996: estinian controlled areas. Moreover, terror suspects have not been apprehended, (9) reaffirms its belief that the Palestinian or if apprehended, not tried or punished, and the hateful language calling for Israel’s National Covenant must be amended in order destruction, that remains an integral not terror suspects requested for transfer for the peace process to succeed; have been transferred to Israeli authorities (10) calls upon the Palestinian people to part of the Palestinian National Cov- by Palestinian authorities in direct con- support the deletion of anti-Israel language enant has not been amended. travention of agreements signed between the from the Palestinian National Covenant; Accordingly, this calls into question PLO and Israel; (11) calls upon the Palestinian people to ex- the PLO’s commitment to the peace Whereas, the Palestinian Authority must press their revulsion for terrorism against must now do much more systematically to process, and therefore, House Concur- Israel, and condemn and isolate those ele- rent Resolution 149 expresses its intent end the threat posed by terrorist groups and ments of Palestinian society that employ take other steps consistent with the Israel- and support such terrorist acts; to reconsider United States assistance Palestinian Interim Agreement, including (12) urges all parties to the peace process, to the Palestinian Authority. the apprehension, trial, and punishment of in order to retain the credibility of their Tomorrow’s terrorism summit in those who conduct terrorist acts and the im- commitment to peace, to bring to justice the Egypt will be well attended by many plementation of procedures agreed upon with perpetrators of acts of terrorism, and to nations, but Iran and Syria will be con- Israel to transfer suspected terrorists; cease harboring, financing, and arming ter- Whereas, the hateful language calling for spicuously absent. Iran continues to ror groups in all territories under their con- provide support to terror groups such Israel’s destruction, that remains an integral trol; and part of the Palestinian National Covenant (13) calls upon those Arab states that have as Hamas, Islamic Jihad, and only serves to incite those opposed to the failed to condemn these acts of terrorism to Hizbollah, and has in no way acted to peace process; do so immediately and forthrightly, and to restrain these groups. Notwithstanding Whereas, the Palestinian National Cov- support all efforts in the region to combat Syria’s participation in the peace enant has not yet been amended, despite terrorism; talks, Syria has not condemned the commitments by the PLO to do so; (14) calls upon the international commu- Whereas, these failures undermine and bombings, and continues to provide nity to cooperate with the United States in threaten the peace process as well as contin- safe haven for terrorist groups opposed isolating states which engage in inter- ued U.S. financial assistance; to the peace process. Syria permits the Whereas, the government of Iran continues national terrorism; (15) insists that Iran and Syria cease all continued arming of Hizbollah in Leb- to provide safe haven, financial support and support for all terrorist groups operating in anon, and has taken no steps to pre- arms to terror groups such as Hamas, Is- areas under their control and refrain from lamic Jihad, or Hizbollah among others, and vent terror from taking place. all activities in opposition to the Middle has in no way acted to restrain these groups Because these failures to act against from committing acts of terrorism; East peace process; terrorists undermines the credibility of Whereas, notwithstanding Syria’s partici- (16) expresses its intent to reconsider Unit- the peace process, House Concurrent ed States assistance to the Palestinian Au- pation in a serious negotiating process to Resolution 149 condemns the attacks, reach a peace agreement with Israel, Syria thority, in consultation with the Adminis- tration, in light of the steps that must be extends our condolences to the families continues to provide a safe haven for terror- of all those killed, and reaffirms our ist groups opposed to the peace process, per- taken by the Palestinian Authority against mits the arming of Hizbollah in Lebanon, terrorist infrastructures and operations; full support for Israel in her efforts to (17) urges the United States to act deci- and has not acted to a prevent these groups combat terrorism as she attempts to sively and swiftly against those governments from committing acts of terrorism; and pursue peace. Whereas, failure to act against terrorists who continue to harbor, arm or finance ter- House Concurrent Resolution 149 by the Palestinian Authority, Iran, Syria, ror groups seeking to undermine the peace calls upon Chairman Arafat to act and others only undermines the credibility process; and (18) praises United States efforts to provide swiftly and decisively to apprehend and of the peace process: Now, therefore, be it punish the perpetrators of terror at- Resolved, by the House of Representatives Israel with all appropriate anti-terrorism re- (the Senate concurring), That the Congress— sources to eliminate the tide of terrorist in- tacks, to prevent such acts of terror, to (1) condemns and reviles in the strongest cidents against Israel. confiscate unauthorized weapons, and terms the attacks in Jerusalem, Ashkelon The SPEAKER pro tempore. Pursu- to condemn all statements which sig- and Tel Aviv; ant to the rule, the gentleman from nal tolerance for terrorism. (2) extends condolences to the families of New York [Mr. GILMAN] and the gen- House Concurrent Resolution 149 also all those killed, and to the Government and insists that Chairman Arafat convene all the people of the State of Israel; tleman from California [Mr. LANTOS] (3) expresses its support and solidarity will each be recognized for 20 minutes. the Palestinian National Council, to with the people and Government of the State The Chair recognizes the gentleman amend the Palestinian National Cov- of Israel; from New York [Mr. GILMAN]. enant. H2072 CONGRESSIONAL RECORD — HOUSE March 12, 1996 The international community, many that this is his last chance to dem- diers; they do not blow up civilian of whom will be represented at tomor- onstrate that he has the will and the buses. This will not be easy for them. row’s summit in Egypt, are called upon capability to pulverize the terrorist in- It will certainly not be uniformly popu- to cooperate with the United States in frastructure of Hamas in territory lar among the Palestinian people. But isolating states which engage in inter- under his control. We have had for too difficult choices are the price of re- national terrorism. They must join the long a double-faced approach by Arafat sponsible leadership. Can Mr. Arafat United States in insisting that Iran saying the right things to the West but and his colleagues prove themselves re- and Syria cease all support for all ter- praising to high heaven some of the sponsible enough to stop these vicious rorist groups and refrain from activi- most brutal terrorists, like the engi- terrorists? They had better, if for no ties in opposition to the Middle East neer who created the most terrible other reason than self-interest. Be- peace process. weapons of destruction in recent times cause if they do not, I am certain that Finally, House Concurrent Resolu- in this terrorist wave. Arafat must un- the Israelis eventually will, and doom tion 149 praises United States efforts to derstand that if he does not destroy the forever the hopes of Palestinian inde- provide Israel with all appropriate terrorist infrastructure, Israel will do pendence. If Israelis and Palestinians antiterrorism resources to eliminate it itself. That would set back the cause are to live together in peace, these the tide of terrorist incidents against that we have been trying so hard to atrocities must be stopped. Israel. support, the cause of reconciliation, ac- commodation, and peace. Mr. GILMAN. Mr. Speaker, I appre- Earlier today, our House Committee ciate the comments of the gentle- Our resolution, Mr. Speaker, also on International Relations held a hear- woman from Kansas [Mrs. MEYERS] and ing on PLO commitment compliance deals with state sponsors of terrorism, her support of the resolution. and the threat of terrorism to Israel. countries such as Iran. Iran must cease We had a session which underscores its support for Hamas and other terror- Mr. Speaker, I reserve the balance of that we must be ever vigilant against ist organizations. my time. those who only half-heartedly condemn Later this week our committee will Mr. LANTOS. Mr. Speaker, I have no terror and violence. mark up legislation to impose tighter further request for time, and I yield Accordingly, Mr. Speaker, I urge our sanctions against Iran and those com- back the balance of my time. colleagues’ strong support for passage panies and countries which support Mr. HAMILTON. Mr. Speaker, I rise in of House Concurrent Resolution 149, Iran economically. strong support of House Congressional Reso- and thank our colleagues for their I particularly want to call on our Eu- lution 149 as amended. I want to commend clear and unambiguous endorsement of ropean friends and on Japan to recog- my colleagues Chairman GILMAN and Con- this legislation. nize their responsibility in fighting ter- gressman LANTOS for their leadership on this measure. b 1630 rorism supported by Iran. Their reck- less pursuit of profits is singly un- We have all known for some time that as Mr. Speaker, I reserve the balance of seemly as human lives are sacrificed in my time. significant as it is, the Middle East peace proc- the wave of terrorism supported by ess is also fragile. It cannot run on automatic Mr. LANTOS. Mr. Speaker, I yield counties such as Iran. pilot. It can only be strengthened and pro- myself such time as I may consume. I want to deplore the failure of Syria tected by sustained efforts to combat terrorism Mr. Speaker, I rise in strong support to express its regret with respect to and to build a stronger structure of peace. of House Concurrent Resolution 149, as these terrorist acts. Just a few weeks amended. Unfortunately, four terrorist bombings in Is- ago in Damascus I met with the For- rael this monthÐkilling some 62 people, in- Mr. Speaker, first I want to commend eign Minister of Syria, and it was clear cluding 2 Americans, and injuring over 200 the distinguished chairman of the Com- in our discussion that terrorism has no peopleÐhave brought us to this crisis. mittee on International Relations, my room in the new Middle East. Yet good friend, the gentleman from New Syria is staying away from the con- This recent wave of murderous bombings York [Mr. GILMAN], for taking the lead- ference in Egypt and has failed to con- has added a new urgency to the need for a ership on this issue, as indeed he has demn this outrageous wave of terrorist more sustained and comprehensive effort by taken the leadership on issues of ter- attacks. the Palestinian Authority to stop terrorism. The Palestinian Authority must work to destroy the rorism for many years with great effec- I am calling on all of my colleagues tiveness, both in this body and in inter- on both sides of the aisle to dem- structure of terrorism which small radical national bodies. onstrate unanimous bipartisan support groups wishing to undermine the peace proc- Mr. Speaker, I also wish to commend for this resolution. It is one of the ess have built. There is simply no other my colleague, the gentleman from In- most important steps the Congress will course of action that will allow the peace proc- diana [Mr. HAMILTON], the ranking take in expressing our support for ess to continue. member of the Committee on Inter- peace and stability in the region so The effort by Chairman Arafat and by the national Relations. critical to the national interests of the Palestinian Authority to combat terrorism must Mr. LANTOS. Mr. Speaker, I yield United States. be a sustained, 100-percent effort. Chairman myself such time as I may consume. Mr. Speaker, I reserve the balance of Arafat cannot do what he has done in the Mr. Speaker, as we debate this resolu- my time. past: relax efforts after the pressure of the mo- tion, the President of the United Mr. GILMAN. Mr. Speaker, I yield 2 ment eases. Hard-core terrorists cannot be co- States is on his way to Egypt to attend minutes to the gentlewoman from Kan- opted: They do not answer to reason and they a conference called in the wake of the sas [Mrs. MEYERS], a member of our do not support the peace process. most nightmarish terrorist attacks Committee on International Relations. Statements opposing terrorism may have that we have watched unfold on our Mrs. MEYERS of Kansas. Mr. Speak- their place. But words alone will not reinforce television sets in Jerusalem and Tel er, I rise in support of this resolution. the fragile peace. There is today no substitute Aviv and in Israel. I want to commend All civilized people and nations must for action against terrorist cells and the struc- the President, not only for this ex- stand with Israel and condemn this se- ture that supports them, and against those in tremely important symbolic action, ries of despicable crimes. We must all Gaza, in the Middle East, and throughout the but for his persistent support of the work together to bring these criminals world who give terrorists safe haven, financial democratic State of Israel which has to justice. The primary target of our support, logistical support, weapons, and other taken such enormous risks for peace at efforts must be the wicked master- assistance. such a very high price in precious minds who repose in safety while dup- This resolution states clearly what needs to human life. ing their misguided followers into be- be doneÐwhat the Palestinian Authority Mr. Speaker, this resolution does lieving that killing innocent men, needs to do, what is needed to reinforce the many things. It condemns the terrorist women, and children with suicide peace process and bring greater security to Is- attacks in Jerusalem, Ashkelon, and bombs is a holy act. These evil beings raelis and Arabs, and what the United States Tel Aviv, it extends the condolences of who make a travesty of their professed and others can do to help the parties. Peace the Congress and the American people religion must be made to pay the price. in the Middle East will be hollow if there is no to the families of the victims, it ex- Furthermore, the Palestinian Au- security for people. presses support and solidarity with the thority must be finally put on notice Mr. Speaker, I urge my colleagues to sup- people of Israel who are undergoing that if it wants to be treated as a mem- port this timely resolution. As we speak, Presi- some very difficult times in the face of ber of the civilized world, it has to be- dent Clinton is on Air Force One on his way this mindless and brutal terrorist have as one. Its leaders must be made to the Middle East to cosponsor with President wave, and it expresses support for the to understand that if they have any Mubarak of Egypt a Conference of the Peace- State of Israel as it combats terrorism hope of actually joining the commu- makers tomorrow in Egypt. and attempts to pursue peace with its nity of nations, they themselves must Mr. HOYER. Mr. Speaker, the Jewish holi- Arab neighbors. suppress the terrorist wing of Hamas— day of Purim is usually an especially happy An important aspect of our resolu- I will not call it the military wing be- one. It is a celebration. Yet this year it was tion calls on Yasser Arafat to recognize cause military people fight other sol- wrought with tears and horrorÐovershadowed March 12, 1996 CONGRESSIONAL RECORD — HOUSE H2073 by the deaths of Israelis killed by a bomb blast sume responsibility for ensuring that the atro- Israel and reaffirm our commitment to their on a crowded bus. Instead of celebration, it cious attacks of the past month are never re- peace and security. We unequivocally con- was mourning, instead of happiness, it was peated. We must let Chairman Arafat and the demn the reign of terror that has forever si- shock. Palestinian Council know that America cannot lenced the voices of so many of our children. Like so many of my colleagues, I rise today tolerate failure in stopping terror attacks on in- We grieve for the victimsÐand we pray that to join the Members of this body, and the peo- nocent Israeli civilians. The authority's crack- ple of America, in condemning the recent hei- no Israeli mother will have to bury a son or a nous terrorist attacks against the people of Is- down on Hamas over the past week is a wel- daughter ever again. We remember the words rael. These attacks are nothing more than a come step, and should be noted. But we must of Yitzhak Rabin and say: ``Enough of blood blatant attempt by the militant Hamas war- make absolutely clear America's interest in and tears. Enough.'' mongers to derail the peace process in the seeing the Palestinian Authority control the vi- Middle East. Their virulent actions against the olence of rejectionist minority groups like The terrible events of the last weeks have people of Israel have left scores dead and Hamas, and in seeing the Palestinian Council profoundly shaken us all. We yearn so des- hundreds wounded. Their actions deserve, at fully accept the peace process by purging perately for peaceÐyet today we are at warÐ a minimum, world condemnation. from its charter all reference to the destruction at war against terrorÐat war against the en- Once again, the people of Israel have found of Israel. emies of peace. their democracy under attackÐand once Mr. Speaker, this resolution sends an impor- There can be no noncombatants in this bat- again, instead of reacting hastily and with tant message to the world that America will massive military mightÐthey restrained from tle. seeking a quick revengeÐfor it is their desire not accept terrorism. I urge my colleagues to support it. Israel has declared war on Hamas. Yasser for peace that is stronger than the delirious fa- Arafat must now become a full partner in this natics that seek to wreak havoc on the peace Ms. DELAURO. Mr. Speaker, I am proud to process. stand with my colleagues to reaffirm American struggle. Nothing less is acceptable. There I am pleased that President Clinton will join support for Israel in the wake of tragic bomb- must be no more speeches in Arabic extolling leaders from throughout the world at a summit ings that have claimed nearly 60 lives. My the martyrsÐno more terrorists arrested dur- in Egypt in a show of unity against both terror- sympathy for the families who lost loved ones ing the day and released at night. The cov- ism and the terrorists in the Middle East. I in the past weeks is unlimited, as is my out- enant calling for Israel's destruction must be would like to commend Egyptian President rage at these barbaric acts and their perpetra- revokedÐcompliance with the declaration of Mubarak for hosting the conference and to tors. principles must be total. This is Yasser Ara- also commend other Arab countries, including The fanatics who have murdered innocent fat's moment of truthÐhe must prove in word Jordan and Saudi Arabia for participating in men, women, and children must be brought to and deed that he is fully committed to peace. this Conference which will hopefully reaffirm justice. Groups such as Hamas that preach Either he is our ally in the war against terrorÐ the need to continue the peace process in the and practice acts of terror are an unaccept- or he is our eneny. Middle East. able presence in the civilized world. As members of the Jewish community Although it is hard, we must try to draw This week President Clinton will travel to throughout the Washington metropolitan area strength from this tragedy and redouble our Egypt to participate in a historic world summit celebrated Purim last week, Rabbi Jack Mo- commitment to bring peace to the Middle East. against terrorism. line of Alexandria said that ``We are not com- We must let terrorists know that their cruel vio- The President's message will be simple and promising what we are doing tonight. It is im- lence will not be rewarded. I applaud Presi- clear: There can be no compromise with ter- perative that we go through with this and not dent Clinton for meeting with world leaders in ror. The days of talk are overÐit is time for let [the bombers] define our world for us.'' For Egypt to unite against terrorism and to encour- action. Hamas and Islamic Jihad must be the people of Israel, they too, cannot com- age Middle East nations to rejoin the path to- eliminated. States that sponsor and finance promise, they, too, cannot allow a group of ward peace. terrorismÐIran, Iraq, Libya, SyriaÐmust be terrorists to define their world. They haven't The United States must do all it can to sup- isolated. Our allies must join us in cutting off and with our actions here today, we show our port the people of Israel, further the peace all sources of funding and support for terror- support for them, for their uncompromising process, and bring these killers to justice. ism. valor, and for their commitment to peace. Ms. ESHOO. Mr. Speaker, I rise to con- Ms. HARMAN. Mr. Speaker, I rise today in demn the recent terrorist bombings carried out Yitzhak Shamir wrote many years ago that, support of House Concurrent Resolution 149, against innocent Israelis. At least 57 people ``Israel's twin goals have always been peace and to condemn in the strongest possible have been murdered in the past few weeks in and security.'' We cannot have one without terms the use of terrorism by the enemies of Israel during a wave of suicide bombings car- the otherÐand that is why we must continue peace in the Middle East. ried out by Hamas. to strive for both in the difficult days ahead. In the past 2 weeks, Israel has been the vic- I am pleased to support H. Con. Res. 149 Thank you. which calls upon Chairman Arafat, the Pal- tim of four gruesome and horrible bombing at- Mr. ROEMER. Mr. Speaker, I rise in strong estinian Authority, and the Palestinian Council tacks. Like all Americans, I am saddened and support of House Concurrent Resolution 149, to apprehend and punish the terrorists who shocked by the killings, and I want to extend and urge all of my colleagues to join me in my condolences to the families of the slain. planned these bloody attacks, and to prevent supporting this resolution to condemn the des- But the dead, among them children, are not such acts in the future. It also calls for the picable terrorist bombing attacks in Israel. I the only innocent victims of the bombs, nor elimination of the terrorist structures of am hopeful that is sends a message to the are they the bombers' primary target. Instead, Hamas, Palestinian Islamic Jihad, and the the bombs have been carefully placed to un- Popular Front of the Liberation of Palestine. In people of Israel to let them know that the Unit- dermine the foundations of the peace process, addition, the measure recognizes the role the ed States stands behind them and will provide to shatter every Israeli's sense of basic secu- United States must play by expressing our in- every possible support against the increasing rity, and to threaten the rule of law. tent to reconsider United States assistance to and menacing incidents of terrorism. Mr. Speaker, the people of the United the Palestinian Authority in light of steps that We condemn, will all our strength, the out- States cannot and will not sit by complacently must be taken by the authority against terrorist rageous agenda by extremists seeking to re- as extremists like Hamas and Islamic Jihad at- infrastructures and operations. kindle the glowing ashes of irreconcilibility in tempt to destroy the best hope for Middle East Mr. Speaker, these attacks were the work of this long-suffering region. They seek to once peace through terror and violence. I commend cowards and common criminals. Now, it's up again plunge the peaceseekers and the peo- President Clinton for his swift condemnation of to both Israeli and Palestinian authorities to ple of the Middle East into conflict and con- the recent attacks, and for his commitment to bring the perpetrators of these crimes to jus- frontation. provide Isarel with counter-terrorism tech- tice and redouble their efforts to guarantee Is- nology and assistance. I encourage further co- rael's security. Just as important, they must Mr. Speaker, this resolution expresses the operation between Israel and the United not let the terrorists achieve their political ob- sincere condolences of the United States to all States in finding ways to stop terrorists from jective of derailing the Middle East peace of the families of those victims killed in the re- striking. And I endorse the upcoming summit process. The victims will truly have died in cent bombings. This resolution also sends a in Egypt, where over 30 nations, including vain if terrorism succeeds in renewing the hid- message that the people of Israel are not many Arab States, will seek to develop inter- eous cycle of violence that has plagued Israel alone in their fight against terrorism. Indeed, national strategies for fighting terrorism. since it became a state. the scourge of terrorism today has permeated But the Palestinian Authority, as Israel's Mrs. LOWEY. Mr. Speaker, at this difficult each corner of the world, striking developing partner in the peace process, must also as- hour we stand in solidarity with the people of and developed nations alike. H2074 CONGRESSIONAL RECORD — HOUSE March 12, 1996 At this crucial time, as sponsors of the Mid- As Members of Congress, we must not The yeas and nays were ordered. dle East peace process, we reaffirm our sup- hesitate, together with our colleagues and the The SPEAKER pro tempore. Pursu- port for the peace process and remain con- White House, to provide whatever diplomatic, ant to clause 5 of rule I and the Chair’s fident that terrorists will not be allowed to ob- economic, humanitarian, or military support is prior announcement, further proceed- struct the development of the Palestine-Israeli necessary so that Israel can combat the cow- ings on this motion will be postponed. peace process, their constructive dialog and ardly terrorists of Hamas and others who f cooperation to resolve the existing problems. would seek to derail the peace for which We encourage the Palestinian leadership, Yitzhak Rabin and so many others gave their GENERAL LEAVE which has already condemned these abhor- lives. The United States must continue to pro- Mr. GILMAN. Mr. Speaker, I ask rent provocations, to follow this policy with vide whatever form of assistance is required to unanimous consent that all Members even tougher measures. preserve and protect the peace and security of may have 5 legislative days within Mr. Speaker, we have simply worked too Israel and its people. which to revise and extend their re- hard for too long to allow terrorists to take While I am encouraged by the recent arrest marks on the subject of this concur- over the peace process and determine the of the head of the military wing of Hamas, we rent resolution. fate of peace after so much progress. Our must continue to demand that PLO Chairman The SPEAKER pro tempore. Is there support for the people of Israel, however, Arafat and the leaders of all the states of the objection to the request of the gen- should not stop with passage of this resolu- Middle East join us in this war on terrorism. I tleman from New York? tion. Later this week, we will debate the am proud to stand in support of International There was no objection. antiterrorism legislation which seeks to provide EN ILMAN Relations Committee Chairman B G 's f significant resources to fight domestic and resolution to clearly communicate this mes- international acts of terrorism and bring swift sage to Chairman ArafatÐwe will accept no SUPPORT HOUSE CONCURRENT justice to the perpetrators. less than full cooperation on this matter. RESOLUTION 149 CONDEMNING While nothing can take away the national Chairman GILMAN's legislation demands that TERROR ATTACKS IN ISRAEL and personal pain caused by terrorist attacks the Palestinian Authority apprehend and pun- (Mr. ENGEL asked and was given on innocent men, women, and children, per- ish terrorists, confiscate all unauthorized permission to address the House for 1 haps this resolution can help in some small weapons, eliminate the terrorist structure and minute and to revise and extend his re- way by helping to bring an end to the vio- activities of Hamas, Palestinian Islamic Jihad, marks.) lence. We strongly voice our support and un- and the Popular Front for the Liberation of derstanding to the Jewish people of Israel and Mr. ENGEL. Mr. Speaker, I wanted Palestine, ban the existence of all such orga- to add my voice to the comments of my around the world for peace and against cow- nizations in the autonomous areas, and ardly acts of terror. colleagues about the resolution con- amend the Palestinian National Covenant to demning terrorism, but we had hear- Mr. FOX of Pennsylvania. Mr. Speaker, like remove all hate-filled anti-Israel language. This ings today in the House Committee on you, I was shocked and deeply saddened legislation also calls upon all parties to the International Relations to try to find when I heard about the fourth suicide bombing peace process to condemn terrorist acts and out if the Palestinian authority is which took place on the Eve of Purim in Tel join us in the fight against terrorism. We insist doing all it can do or has done all it Aviv's shopping district. The once-solid con- that Iran and Syria cease all support for such can do to curb the scourge of terror- fidence of the people of Israel and of the pro- deplorable activities. I salute the President for ism, and I think the frustration that Israel community in the United States has convening the antiterrorism conference tomor- one sees and hears; we feel, on the one been terribly shaken by the tragic events of row, and I am also strongly urging him to act hand, that the peace process needs to the past weeks. decisively and swiftly against those who con- continue. On the other hand, we cannot The United States and Israel are permanent tinue to harbor, arm, or finance terrorists seek- partners in our pursuit of peace, prosperity, ing to undermine the peace process. continue with blinders and pretend and the promise of liberty. We have built a I thank the chairman for his leadership and that nothing has happened. strong foundation based on years of mutual I join you in praying for an end to the despica- So I certainly support the resolution, respect and trust. Together, we share risks, ble violence committed by terrorists and for I think we need to condemn terrorism, rewards, and losses as we strive to make this peace and prosperity for Israel and throughout I think we need to reach out to the world a better, safer place to live, work, and the Middle East. brave people of Israel. No country raise our families. The United States will con- Mr. SANFORD. Mr. Speaker, this past could tolerate this kind of wanton ter- tinue to stand ``shoulder to shoulder'' with its month terrorist acts in Israel have taken the rorism against its civilian population, closest ally, the State of Israel, during this lives of innocent people. More than that, they and I think clearly the ball is in Mr. troubling time. Hamas and other enemies of have placed the peace of this region once Arafat’s court. He has to determine peace should know that no blast will be strong again in jeopardy. Today, I rise to stand with whether or not he is going to be serious enough to weaken the indestructible link be- the people of Israel and the Jews around the about cracking down on the scourge of tween our country and the state of Israel. world. This measure, which we are currently terrorism. It is not enough anymore After returning from the funeral of the late considering, condemns the recent terrorist at- just to condemn it, it is not enough Prime Minister Yitzhak Rabin, I remember tacks as well as urges action in support of the anymore to say one is against it. We thinking that in the long run, those who resort peace process. However, it cannot console have to show actions speak louder than to violence will find that it accomplishes little. those who have become victims of a mis- words. He has got to route out terror- Often, it spurs people on to completion of the guided attempt to settle a dispute over land. It ism, the United States has to stand task at handÐin this case, peace in the Mid- cannot repair the buildings and lives which are foursquare against terrorism, but all dle East. Just as we were building upon the now fragmented. Through this measure the the nations of the world have to par- legacy of Yitzhak Rabin, we will now continue United States states its opposition to actions ticipate. on the path for peace, honoring the memory of such as those which have occurred recently in So I am happy to join in support of the 61 innocent victims who were murdered Israel. This Nation will not condone the sense- the resolution as I know every Member and the 190 who were injured in the four re- less actions of terrorists. We stand with those of Congress will. Terrorism is a threat cent reprehensible suicide bombings. for peace and for Israel. to all of us everywhere in the world. Seventeenth century Dutch philosopher Mr. GILMAN. Mr. Speaker, I have no f Benedictus De Spinoza once said, ``Peace is further requests for time, and I yield not the mere absence of war, but is a virtue back the balance of my time. b 1645 that springs from force of character.'' During The SPEAKER pro tempore (Mr. IN SUPPORT OF THE PEOPLE OF my trips to Israel this past year, it was clear CAMP). The question is on the motion ISRAEL to me that Yitzhak Rabin provided that force of offered by the gentleman from New character. And after meeting with Prime Min- York [Mr. GILMAN] that the House sus- (Mr. FOX of Pennsylvania asked and ister Peres, Yitzhak Rabin's partner in peace, pend the rules and agree to the concur- was given permission to address the I became convinced that he would continue to rent resolution (H. Con. Res. 149), as House for 1 minute and to revise and provide that force. We must work with him to amended. extend his remarks.) heal the wounds and move on toward a more The question was taken. Mr. FOX of Pennsylvania. Mr. Speak- permanent peace and sustained security for Mr. GILMAN. Mr. Speaker, on that I er, I rise to support the Gilman resolu- our Israeli allies. demand the yeas and nays. tion. The terrible devastation of Israel, March 12, 1996 CONGRESSIONAL RECORD — HOUSE H2075 with the fourth attack on the innocent programs in this bill. In our Rules ACDA—a total of $1.7 billion over 4 Israeli victims, which has killed 61 peo- Committee hearing last week, both years—and requires one of these agen- ple, injured 190 people, is certainly Chairman GILMAN and the ranking mi- cies to be consolidated into the State something this country, the United nority member, Mr. HAMILTON, said Department. It also includes many States, will not tolerate. The Hamas they were encouraged by the efforts other important provisions, including organization has caused such terror that the conference committee has asserting the supremacy of the Taiwan and such grief that the once solid con- made to bring us this far. Unfortu- Relations Act, and setting strict re- fidence of the people in Israel has been nately, I understand that the President porting requirements for the Bosnia shaken. We here in America will show is planning to veto this reform-minded operation. I would urge my colleagues our support in every way possible, initiative, essentially because it will to support this rule. whether it is economic, humanitarian, cramp his unique foreign policy style. Mr. Speaker, I reserve the balance of in any way that Israel needs our help. In response, Mr. Speaker, I have to my time. It is our strongest ally in the Middle say that I think we all understand that Mr. BEILENSON. Mr. Speaker, I East, and a democracy that is so im- the responsibility for conducting for- yield myself such time as I may portant to this country and the world’s eign policy rests primarily but cer- consume. peace. We must be there to help them. tainly not exclusively with the execu- Mr. Speaker, House Resolution 375 makes it in order to consider the con- f tive branch. Today, this long overdue legislation recognizes and addresses ference report on H.R. 1561, the Foreign WAIVING POINTS OF ORDER the responsibility of the legislative Relations Authorization Act for fiscal AGAINST CONFERENCE REPORT branch in this area—responsibility it years 1996 and 1997. As our friend and ON H.R. 1561, FOREIGN RELA- has passed on over much of the past 10 colleague, the gentleman from Florida TIONS AUTHORIZATION ACT, FIS- years. These duties include policy over- [Mr. GOSS] has explained, it waives all CAL YEARS 1996 AND 1997 sight and, most importantly, laying points of order against the conference Mr. GOSS. Mr. Speaker, by direction out the broad priorities for the expend- report. The conference report authorizes ap- of the Committee on Rules, I call up iture of U.S. tax dollars overseas. In propriations for the State Department, House Resolution 375 and ask for its this respect, Congress must share some and it requires the President to select immediate consideration. of the blame for our current confused and abolish at least one foreign affairs The Clerk read the resolution, as fol- and inconsistent foreign policy agenda. agency among the Agency for Inter- lows: However, it is clear that the lion’s share of the blame for recent flip-flops, national Development, the Arms Con- H. RES. 375 trol and Disarmament Agency, or the Resolved, That upon adoption of this reso- diplomatic gaffs, excessive costs and ill-defined missions rests squarely with U.S. Information Agency, USIA. We lution it shall be in order to consider the have concerns about the substance of conference report to accompany the bill President Clinton and his foreign pol- (H.R. 1561) to consolidate the foreign affairs icy ‘‘B’’ team. To date, the Clinton ad- this conference report, as well as the agencies of the United States; to authorize ministration has focussed its priorities manner in which the conference was appropriations for the Department of State and resources on extensive involve- conducted. The gentleman from Indiana [Mr. and related agencies for fiscal years 1996 and ment on high-visibility—low-yield HAMILTON], the ranking Democrat on 1997; to responsibly reduce the authoriza- projects in Northern Ireland, Bosnia tions of appropriations for United States for- the Committee on International Rela- and Haiti—to the point where the Unit- eign assistance programs for fiscal years 1996 tions, told the Committee on Rules ed States has been actively engaged in and 1997, and for other purposes. All points of that a Democratic alternative to the the de facto governance of two out of order against the conference report and conference agreement was dismissed against its consideration are waived. The these three regions. While the adminis- out of hand. Furthermore, the gen- conference report shall be considered as tration may have the best of inten- read. tleman from Indiana said that he as tions, its focus on these efforts has re- the ranking member never saw the con- The SPEAKER pro tempore (Mr. sulted in the neglect and/or mis- ference agreement before it was filed. CAMP). The gentleman from Florida management of critical situations in He told the Committee on Rules ‘‘With [Mr. GOSS] is recognized for 1 hour. Cuba and Taiwan, to name just two. this kind of approach, we are not mak- Mr. GOSS. For purposes of debate Today, the administration is finally ing laws, we are making political state- only, Mr. Speaker, I yield the cus- getting around to recognizing that ments.’’ tomary 30 minutes to the gentleman Fidel Castro is not such a nice guy, and Furthermore, I want to express from California [Mr. BEILENSON], pend- that a Chinese invasion of Taiwan strong objections to the provisions in ing which I yield myself such time as I could threaten the entire balance of this conference agreement, as our col- may consume. During consideration of power in Asia and the Pacific—but I leagues know. If the measure is pre- this resolution, all time yielded is for am afraid that the reason it took so sented to the President in its current the purpose of debate only. long to arrive at these rather obvious form, he has said that he will veto the (Mr. GOSS asked and was given per- conclusions is that the White House bill. This bill could result in the aboli- mission to include extraneous mate- has conducted United States foreign tion of AID, the Agency for Inter- rial.) policy in the same way it has con- national Development. This agency Mr. GOSS. Mr. Speaker, this is a very ducted domestic policy: setting prior- provides vital assistance to millions of simple, fair rule providing for House ities by what the opinion polls say, poor and hungry people in developing consideration of the conference report bowing to pressure from hunger-strik- nations. The small amount, the really on H.R. 1561, the American Overseas In- ing activists, and giving more atten- tiny amount of savings that his, per- terests Act—otherwise known as the tion to photo ops that will resonate haps, would achieve could come at a State Department Reauthorization. As with the voters instead of doing the terrible loss to human life and to our is the custom for conference reports, hard work of conducting a vigorous and international standing around the this rule allows for 1 hour of general consistent policy agenda across the world. debate and preserves the right of the globe based on a clear delineation of The funding levels contained in this minority to offer a motion to recom- what our national security interests bill are inadequate to protect the for- mit, with or without instructions. Fi- really are in today’s world. eign policy interests of the United nally, the rule waives all points of Mr. Speaker, I hope that passage of States. The bill would seriously under- order against the conference report and H.R. 1561 will begin to put us back on mine our ability to conduct diplomacy its consideration. Mr. Speaker, H.R. the right track by freeing up foreign and operate overseas posts of foreign 1561 was passed by the House on June 8, policy assets and making them reflect affairs agencies. If the bill passes, our 1995. Since that time, Members in both changing priorities in a changing Nation would retreat like a turtle into Houses have invested a great deal of world. It does make some necessary its shell, avoiding our international re- time and energy working to make this cuts to the operating expenses of the sponsibilities and opportunities. That the first year since 1985 that we have bureaucracy at the State Department should not, it seems to us, be the image reauthorized the State Department and agencies like USAID, USIA, and of our great Nation. H2076 CONGRESSIONAL RECORD — HOUSE March 12, 1996 We are, however, pleased with a pro- State Department to collect from in- icy provisions that will indeed support vision in the bill that prohibits the surers for free medical care provided. freedom, democracy, and save lives. United States from selling small arms b 1700 Mr. Speaker, in considering H.R. 1561, to Indonesia. This provision was in- I hope we will carefully consider the cluded in response to that country’s It authorizes full administration re- following human rights provisions: 1975 invasion and continued military quests for narcotics control assistance First, Mr. Speaker, the Humani- presence in the island territory of East and for the Peace Corps. This bill also tarian Corridors Act. Section 1617 of Timor, where numerous deaths and imposes a number of important human the bill will limit assistance to those human rights abuse have occurred. We rights restrictions carefully modified countries that restrict the transport or are glad this legislation does not let to meet the concerns of the adminis- delivery of U.S. humanitarian assist- the East Timor tragedy go unnoticed. tration. Major provisions include the ance. I introduced the Humanitarian Mr. Speaker, I reserve the balance of supremacy of the Taiwan Relations Act Corridors Act and offered the entirety my time. over executive agreements and report- of that legislation to this bill for a Mr. GOSS. Mr. Speaker, it is my ing on United States involvement in very simple reason: It is wrong, pa- privilege to yield such time he may Bosnia to ensure our mission fulfills its tently wrong, for countries receiving consume to the distinguished gen- stated purpose of bringing about a last- American assistance to keep U.S. hu- tleman from New York [Mr. GILMAN], ing and just peace and further restricts manitarian aid from reaching other chairman of the Committee on Inter- the use of refugee funds for involuntary countries. Yet this is precisely being national Relations. repatriation of genuine refugees or per- done by Turkey, which has been block- (Mr. GILMAN asked and was given sons in serious danger of subjection to ading Armenia for several years. Anka- permission to revise and extend his re- torture. ra’s opening of an air corridor with Ar- marks.) Accordingly, Mr. Speaker, I urge my menia last summer indeed was a step Mr. GILMAN. Mr. Speaker, I am colleagues to support this rule and in the right direction, but it does not pleased to rise in support of House Res- look forward to their support for the represent a remedy for the problem. olution 375, the rule governing consid- important conference report. Turkey still refuses to open land routes eration of the conference report on Mr. GOSS. Mr. Speaker, may I in- through its territory for the delivery of H.R. 1561, the Foreign Relations Au- quire how much time remains on each badly needed United States humani- thorization Act. I commend the gen- side? tarian assistance to Armenia, which tleman from New York [Mr. SOLOMON], The SPEAKER pro tempore. The gen- creates an unacceptable situation. my good friend and colleague, chair- tleman from Florida has 22 minutes re- The MacBride principles, another man of the Committee on Rules, for his maining; the gentleman from Califor- very, very important set of principles committee’s expeditious consideration nia has 271⁄2 minutes remaining. that for years we have been trying to of the rule, and the gentleman from Mr. GOSS. Mr. Speaker, I yield such get enacted into law, Mr. Speaker, sec- Florida [Mr. GOSS], for advocating the time as he may consume to the distin- tion 1615 of the bill includes language adoption of this rule. guished gentleman from New Jersey that guarantees United States assist- Mr. Speaker, I would like to list at [Mr. SMITH], who is the chairman of the ance programs in Northern Ireland will this point the main provisions of the Subcommittee on International Oper- only go towards projects that do not conference report, an important con- ations and Human Rights. engage in religious discrimination and ference report. This bill is the first Mr. SMITH of New Jersey. Mr. which provide employment opportuni- major authorization bill reorganizing Speaker, I thank my good friend for ties for members of the region’s Catho- the international affairs agencies de- yielding me this time. lic minority. Some of us in Congress signed back in the 1950’s to fight the I urge Members to support this rule. have been fighting, as I said, for these cold war. It is also the first Republican It is a good rule, and it is a very good, principles for many years. It has been a foreign affairs authorization bill in 40 comprehensive conference report that bipartisan effort. We have the oppor- years. we have put together. It has taken our tunity to codify that this evening. In short, the bill will require the subcommittee and the full committee Chairman GILMAN, I think, deserves President to abolish one of three inter- the better part of a year and a half, particular credit for his tenacity for national affairs agencies, either the working with the Senate, to craft this steering this important human rights USIA, AID, or ACDA, moving their legislation. There were delays, as I provision through this legislation and functions back into the State Depart- think many Members know, on the including it. ment, pursuant to the initial sugges- Senate side, regrettably, but thank- Refugee protection, the refugee pro- tion by Secretary Christopher. fully we are going to have this bill pre- visions, Mr. Speaker, of H.R. 1561 will It mandates $1.3 billion in budget sented to the whole House very short- prevent the United States tax dollars savings below the fiscal year 1995 ly. from being spent to return to Vietnam spending levels for the operating ex- H.R. 1561, the Foreign Relations Au- and Laos thousands of men and women penses of State, of AID, of USIA, and thorizations Act for 1996 and 1997 has who served side by side with the Amer- ACDA over the next 4 years. It provides attracted attention, Mr. Speaker, in- ican forces during the Vietnam war. authorization of appropriations total- cluding a veto threat from the Clinton These provisions will also restore the ing $6.5 billion for fiscal year 1996 and administration, because it would re- Reagan and Bush policy of protecting 1997 to fund the State Department, to quire the consolidation of at least one people who can show that they are flee- fund USIA, to fund ACDA, AID, and re- Government agency and because it ing forced abortion or forced steriliza- lated programs. This represents a $500 would save $1.7 billion over 4 years. tion or they have actually been sub- million reduction from fiscal year 1995 I think it is important that, with the jected to such cruel measure, such as spending on these programs. taxpayers clamoring for downsizing the women who are now being held in It also eliminates the AID housing throughout the Federal bureaucracy, California and in other parts of the guarantee program that GAO estimates that the State Department and other country. will lose over $1 billion of the tax- agencies of our foreign policy appara- Mr. Speaker, H.R. 1561 would also re- payers’ money, the Roth-Gejdenson tus not be immune to the budget-cut- quire periodic reports to Congress on section. It includes the MacBride prin- ting knife. what Fidel Castro is doing to enforce ciples of economic justice for aid to Amid the discussion of these issues, his end of the Clinton-Castro immigra- Northern Ireland. It includes the Hu- however, some of the most important tion deal of 1994 and how people are manitarian Corridors Act language, aspects of H.R. 1561 have gone almost treated who are returned to Cuba pur- conditioning aid to Turkey on releas- unnoticed. Specifically, despite the suant to the second Clinton-Castro im- ing United States humanitarian aid to need to cut spending and consolidate migration deal of May of 1995. Armenia. It includes many administra- programs, the conference report man- Despite the need for cuts, Mr. Speak- tion-requested provisions to improve ages to hold harmless, and at times er, in international broadcasting and the management of the State Depart- even enhances, the most important other public diplomacy programs, H.R. ment; in other words, allowing the programs and to enact important pol- 1561 holds harmless two of our freedom March 12, 1996 CONGRESSIONAL RECORD — HOUSE H2077 broadcasting programs, such as Radio over 5 years by combining administra- 90 percent of the people agreed that Free Asia and Radio and TV Marti. tive functions with other Government that was a good thing to do. The bill also requires, when cuts agencies. They also said in the poll, ‘‘Would must be made, they must not fall dis- If this bill passes, our Nation will re- you be willing to give 100 extra dollars proportionately on broadcasts to coun- treat like a turtle into its shell, avoid- in tax moneys to humanitarian aid,’’ tries, such as Iran and Iraq, where peo- ing our international responsibilities and they said if they could be assured ple do not enjoy freedom of informa- and opportunities. This is not my that the money was going to the poor- tion within their own country. image of our Nation, and it should not est of the poor, they would be glad to The bill also requires that Radio Free be ours. do it. I was amazed by that poll. Asia commences its broadcasts into Mr. GOSS. Mr. Speaker, I yield such Another poll showed that a lot of China, Vietnam, North Korea, Burma, time as he may consume to the gen- people believe that, you know, our for- and other countries whose people do tleman from New York [Mr. GILMAN], eign aid, when they did this poll across not enjoy freedom and democracy, as the distinguished chairman of the com- the country, that of our total budget, we all know so well, within 6 months. mittee. that somewhere between 18 and 22 per- No more delays; it is about time this Mr. GILMAN. Mr. Speaker, I wish to cent of the people believed that, I am important broadcasting got up and address the gentleman from Ohio and sorry, of the people polled, they be- running. mention that we have provided discre- Mr. Speaker, this is a fair rule, and I tionary authority to the President to lieved that the total amount going to believe it is a very, very comprehensive eliminate one of three agencies, not foreign aid, 18 to 22 percent was the conference report. As I think Members mandating that AID be eliminated, giv- amount of money going to foreign aid know, there were objections made by ing the President the opportunity to from our total budget. And they said, the other body when it came to the for- decide between AID, USIA, or ACDA, ‘‘What actually do you think the eign aid section. That has been taken the Arms Control Agency. So there is money ought to be,’’ and the numbers out of this bill, so we are talking basi- no mandate, and I just wanted to make said they thought it ought to be 8 to 9 cally about consolidation and about re- certain that the gentleman under- percent when, in fact, all we are argu- authorizing many of our important stands that there is no mandate to re- ing about here today is less than one- programs like USIA, the State Depart- move AID. half of 1 percent. This is the aid that ment refugee assistance. Mr. BEILENSON. Mr. Speaker, I goes to humanitarian issues, the many I urge support for the rule. yield such time as he may consume to crises going on in the world today. Mr. BEILENSON. Mr. Speaker, I the gentleman from Ohio [Mr. HALL]. So even to raise the issue, to have yield such time as he may consume to Mr. HALL of Ohio. Mr. Speaker, I the possibility that it would be elimi- the gentleman from Ohio [Mr. HALL], a would just respond to the chairman of nated, to put it into the State Depart- distinguished member of the Commit- the Committee on Foreign Relations ment, would be a political decision, I tee on Rules. that I am aware of the fact that it does think, that would not work for the (Mr. HALL of Ohio asked and was not mandate that USAID go out of poorest of the poor and would hurt given permission to revise and extend business, or not exist. It gives the them. And I think it would go a long his remarks.) choice. It could be one of three agen- way in not bringing the kind of child Mr. HALL of Ohio. Mr. Speaker, I cies. survival activities and the type of want to thank my friend, the gen- I think it is felt by many of us here micromanagement kinds of things that tleman from California [Mr. BEILEN- in Congress and many people in the ad- we need overseas in development as- SON], for yielding this time to me. ministration that if they are given sistance. Mr. Speaker, I am very concerned this, and I hope that they are not given I oppose this bill. I do not think it is with provisions in the bill which could this choice, that probably USAID will a good idea. result in the abolition of USAID, the be given a direction to eliminate that, Mr. BEILENSON. Mr. Speaker, I U.S. Agency for International Develop- and I do not even want it considered in yield myself such time as I may ment. This Agency provides vital as- the legislation. consume to comment on another mat- sistance to millions of poor and hungry I think USAID is probably one of the ter relative to this, if I may, at this people in developing nations. The small more important programs that we have time. amount of savings would come at a ter- and when we consider where we used to rible loss to human life and to our be years ago, when we had $19 or $20 Mr. Speaker, pursuant to section 426 international standing. billion in foreign aid, which is like less of the Congressional Budget and Im- Mr. Speaker, the abolishment of than one-half of 1 percent of our total poundment Control Act of 1974, we had USAID is a misguided idea that will budget and now it is at $12 billion, and been considering making a point of lead to increased pain and suffering in we want to eliminate the humanitarian order against consideration of this the poorest countries of the world and agency in the whole Government when, rule. Section 425, as opposed to 426 of it will reduce the effectiveness of the in fact, it saves millions and millions that same act, states that a point of United States in international affairs. of lives, I would not say every year but order lies against legislation which, Now is the worst time to be thinking of over the many, many years, to put one, imposes an unfunded mandate in getting rid of USAID. While the world them into the equation that they pos- excess of $50 million actually against is becoming increasingly interdepend- sibly could be abolished I think is a State or local governments, or, two, ent, there are civil breakdowns in wrong way to go. does not publish prior to floor consider- places like Bosnia and Rwanda, and I think the people that we have at ation a CBO estimate of any unfunded there are outbreaks of deadly diseases AID, starting with Brian Atwood, have mandates in excess of $50 million annu- in remote regions of the world. I think done a very impressive job. I am very ally for State and local entities or in at this time there are 25 major humani- enthused about their direction, their excess of $100 million annually for the tarian crises going on in the world. vision for the future, and what this private sector. I have been particularly impressed by world is about as far as humanitarian Section 426 of the Budget Act specifi- the work of Brian Atwood as adminis- concerns are concerned. cally states that the Committee on trator of USAID. He has done an excel- I just think we are going the wrong Rules may not waive this point of lent job transforming USAID into an way here, and it makes us look like we order. However, on page 2, lines 9 and agency that improves its performance are retreating on one of the most im- 10 of House Resolution 375, which we at the same time making dramatic portant issues that we have to deal are discussing here today, all points of budget reforms. In recent years, under with in the Congress of the United order are waived against the con- Atwood’s leadership, USAID has re- States. ference report and against consider- duced senior management by nearly People were asked in several polls, ation. For that reason we were, as I one-third and he has eliminated 90 or- ‘‘Would you be willing to fund humani- said, considering making a point of ganizational units in Washington. He tarian issues, humanitarian types of order. This rule should not have been also achieved $7 million in cost savings aid in countries overseas,’’ and almost considered pursuant to this rule 426. H2078 CONGRESSIONAL RECORD — HOUSE March 12, 1996 b 1715 licans are apparently attempting to from: the National League of POW/MIA We decided not to pursue that point allow legislation that imposes un- Families, the National Alliance of of order for a number of reasons, one of funded costs on State and local govern- POW/MIA Families, the American Le- them being an unusual CBO estimate ments without our raising that point. gion, the Disabled American Veterans, that we have heard about but have not Most on that side of the aisle, and I the Vietnam Veterans Coalition, the yet seen. But we do think it is impor- guess a lot of Members on our side of Veterans of the Vietnam War, Inc., The tant to discuss very briefly, and I shall the aisle as well, voted for the un- American Defense and the Vietnam be very brief, Mr. Speaker, our reasons funded mandates bill. Veterans of America. I strongly en- for objecting to the waiver of the un- We simply hope that Members will courage all Members of Congress to funded mandate rule. think long and hard about what a support this much needed measure. ‘‘yes’’ vote on this rule in fact proves. We should, of course, be sticking For the RECORD I would like to in- with the rules. Our good friends on the If one is truly opposed to the imposi- clude letters from the veterans and other side of the aisle came up with tion of unfunded mandates on the families organizations who support this this proposal at the beginning of last States by the Federal Government, provision. year, and since that time have consist- then we suggest that one would oppose ently waived it. We think we ought to this particular rule. But first, Mr. Speaker, check this take some of these rules a little bit Mr. Speaker, I reserve the balance of out. more seriously and perhaps not pass my time. VIETNAM them in the first place if we are not Mr. GOSS. Mr. Speaker, I yield 2 minutes to the distinguished gen- (SRV Papers Back Cuban Downing of U.S. going to pay much attention to them. Airplanes—BK0103131396 Hanoi Voice of tleman from California [Mr. DORNAN]. This particular conference report has Vietnam in English 1000 GMT 1 Mar 96) four refugee-related provisions which, Mr. DORNAN. Mr. Speaker, I thank taken together, may well result in in- my colleague the gentleman from Cali- [FBIS Transcribed Text] Under the title creased costs to individual States fornia. Old friendships are worth a lot ‘‘Genuine Rights to Self Defense,’’ the lead- around here. ing daily newspaper NHAN DAN and the throughout this country. There are Army paper QUAN DOI NHAN DAN on good arguments on both sides of the Mr. Speaker, I am proud to be an original co-sponsor of the provision to March 1 run commentaries reaffirming that question of whether these four provi- the shooting down of two planes being flown sions represent unfunded mandates, withhold funding for expanding diplo- by a reactionary organization involving and apparently CBO itself is having matic relations until the President cer- Cuban exiles in the United States was genu- some trouble coming up with a defini- tifies that the Vietnamese government ine self-defense in line with international tive answer. ‘‘fully cooperates’’ in accounting for law to defend Cuba’s territorial integrity and What I want to say and be clear our MIAs. This measure is essential to security. about is we would have made the point achieve the fullest possible accounting of order not because of necessarily op- of our missing heroes. In repeated tes- NATIONAL LEAGUE OF FAMILIES OF position to the four particular provi- timony before my subcommittee the AMERICAN PRISONERS AND MISSING sions dealing with refugees, but be- most senior Defense Department ana- IN SOUTHEAST ASIA, cause of our understanding of the in- lysts who investigate this issue have Washington, DC, March 12, 1996. Hon. BEN GILMAN, tention of the unfunded mandates law, stated under oath that the Vietnamese Chairman, House International Relations Com- which is to provide full and open de- continue to hold back critical informa- tion on servicemen who were known to mittee, 2170 Rayburn House Building, bate on any issues or that may raise Washington, DC. unfunded mandates for the States. have been alive under Communist con- DEAR CONGRESSMAN GILMAN: In response to That, after all, was the expressed pur- trol in Vietnam, Laos and Cambodia. In January, the U.S. Government the President’s veto message regarding HR pose from our friends on the other side 1561, the League has always maintained that as part of their Contract for that par- gave the Vietnamese a list of 69 MIAs the Government of Vietnam could unilater- ticular change in our rules. that based on the Defense Depart- ally account for hundreds of Americans, and Allowing for debate on the unfunded ment’s recent ‘‘comprehensive review’’ League policy has emphasized that ability as mandates question in this bill would of all MIA cases. The review shows that the crucial aspect of the fullest possible ac- provide one way to alert States that there are over 400 MIAs who were last counting since the League’s inception. This the Congress is in fact taking action known alive or dead under Vietnamese legislation outlines the four criteria of uni- which may well have come impact on control whom the Vietnamese can pro- lateral action by Vietnam that President vide either bodily remains or their own Clinton set forth as his measure and the state costs. It would give some notice League agrees with each of them. to the States that the States’ costs documents, records and witnesses that may increase or that State programs can resolve their fates. Recently the administration completed a Based on this official review, I pro- comprehensive review of all cases of those may assume some new burdens or may Americans missing and unaccounted for from in fact need to be changed to avoid vided the Vietnamese with an addi- the war in Southeast Asia which confirmed those burdens because of this particu- tional 29 priority MIAs that the Com- that Vietnam can unilaterally respond to lar legislation which Congress in fact munists should be able to account for. and make significant progress on each of will be considering today as soon as we About a dozen of these cases overlap these four criteria. are through with the rule. with the Defense Department list. All What is particularly strange to the League Mr. Speaker, in conclusion, let me together the Vietnamese has been is that the veto message was sent while a simply say that Members should be given the names of 75 MIAs that the high level Presidential delegation, led by a aware that this legislation does in fact U.S. Government knows they can ac- cabinet member and included a member of contain provisions which could impose count for immediately. And on Janu- the President’s staff, was in Vietnam to unfunded costs on State and local gov- ary 20, 1996 while visiting Hanoi Assist- present the expectations of the United ant Secretary of State Winston Lord States Government from this review. This ernments. Last year, as we have just delegation is comprised of the League’s Ex- discussed, the House overwhelmingly expressed to the Vietnamese ‘‘dis- ecutive Director Ann Mills Griffiths and the approved legislation that would help appointment in the level and quality of leadership of five major veterans groups all identify instances of unfunded man- work that the Vietnam government Of- at the invitation of the President. dates on public and private sector enti- fice for Missing Persons performs on We’re concerned that someone in the ad- ties. In fact, much of the month of Jan- cases.’’ Although the Vietnamese drib- ministration may have undercut the entire uary of 1995 was consumed by that par- ble out isolated records and documents purpose of the trip with this veto message ticular piece of legislation. to manipulate the political debate in while the President’s delegation was in We find it somewhat ironic, after all this Congress, the bottom line is that Hanoi. If the President can’t support the lan- the debate that took place at that they are continuing to torture the fam- guage concerning Vietnam within this bill, time, particularly with regard to pro- ilies of our missing heroes. We have the then the board views this as nullifying the tecting Members; rights to be informed praise that his administration has been power to stop this cruel charade. lauding on Vietnam for their supposed ‘‘out- about unfunded mandates, that on one This provision is strongly supported standing cooperation’’. The League position of the first major authorization bills by the vast majority of veterans orga- remains as stated and will be such until that is coming out of the Committee nizations and families of the missing Vietnam has responded in a concrete way to on Rules since that time, the Repub- heroes. We have letters of support the President’s stated criteria. This is the March 12, 1996 CONGRESSIONAL RECORD — HOUSE H2079

President’s chance to signal Vietnam that tions with the Communist government of DISABLED AMERICAN VETERANS, his administration is serious in upholding Vietnam. Washington, DC, March 12, 1996. his four criteria. Hon. ROBERT K. DORNAN, These provisions strengthen the efforts of Sincerely, Hon. BENJAMIN A. GILMAN, United States negotiators who are seeking JO ANNE SHIRLEY, House of Representatives, 1201 Longworth the truth about the large number of POW/ Chairman of the Board. House Office Building, Washington, DC. MIA cases. These include men last known DEAR REPRESENTATIVES DORNAN AND GIL- alive or whose corpse was photo documented, NATIONAL ALLIANCE OF FAMILIES, MAN: The provisions in section 609 of H.R. FOR THE RETURN OF AMERICA’S and continued warehousing of remains. The 1561 are consistent with the DAV’s position, MISSING SERVICEMEN, Vietnamese government can unilaterally as embodied in and mandated by a resolution March 12, 1996. provide these remains, records and docu- adopted in National Convention, that calls Hon. ROBERT K. DORNAN, ments that will lead to resolution of this on- for release of any Americans who may still Chairman, Subcommittee Military Personnel, going tragedy. Without this leverage, the Vi- be held captive, return of the remains of de- International Relations, 1201 Longworth etnamese Communists will never give us the ceased service members, and the fullest pos- Bldg., Washington, D.C. answers that they are withholding on hun- sible accounting of those still missing as a DEAR CHAIRMAN DORNAN: The National Al- dreds of brave Americans. condition to increasing our relations with the Socialist Republic of Vietnam. The DAV liance’s Families and Veterans plead with It is in the interest of the American people you to stand firm in maintaining the provi- therefore supports the provisions of section and the Clinton Administration that the sion that asks for THE LIMITATION OF 609 and urges that they be retained in the President demands immediate resolution to FUNDING FOR UPGRADING OF THE EM- bill. BASSY IN VIETNAM TO THE LEVEL AS the POW/MIA issue before further funding is Sincerely, OF JULY 11, 1995 (Sec. 609, HR 2076) in both granted. RICHARD F. SCHULTZ the AUTHORIZATION and APPROPRIA- We thank you for your dedication to our National Legislative Director. TION BILLS of 1996; until such time, that POW’s and MIA’s and to the TRUTH. President Clinton can sign on the dotted line Sincerely, NATIONAL VIETNAM VETERANS COALITION, confirming that Vietnam’s Government is JOYCE A. ROMMEL, fully and totally cooperating. This would en- National POW/MIA Dir. Washington, DC, March 12, 1996. tail Vietnams being forthcoming with the Re Appropriation Bill (H.R. 2076, Sec. 609)— unilateral return of U.S. Servicemen’s Re- Limitation of funding for the upgrading THE AMERICAN LEGION, mains, records and documents that we of the U.S. Embassy in the Socialist Re- Washington, DC, February 27, 1996. known they are concealing. public of Vietnam. Hon. ROBERT DOLE, At your two hearings in the Military Per- Rep. ROBERT DORNAN, Senate Majority Leader, Hart Senate Office sonnel Subcommittee on the POW/MIA trav- Chairman, Military Personnel Subcommittee, Building, U.S. Senate, Washington, DC esty in the past months, testimony was re- 1201 Longworth Bldg., Washington, DC. ceived indicating that the Socialist Republic DEAR SENATOR DOLE: In December, the Rep. BEN GILMAN, of Vietnam continues to hide information as President vetoed the Commerce-Justice- Chairman, House International Relations, 2449 well as the remains of our Servicemen which State (CJS) appropriations bill that contains Rayburn House Office Bldg., Washington, they dribble out slowly at their discretion to a provision which denies funds for expanded DC. give the appearance that Vietnam is fully co- relations with Vietnam unless he certifies DEAR CONGRESSMEN: The FY 1996 Com- operating. that Vietnamese officials are fully cooperat- merce/Justice/State House Appropriations President Clinton promised that the pre- ing with efforts to account for American Bill passed the House on March 7, 1996, keep- condition for normalized relations with Viet- POW/MIAs from the Vietnam War. Under ing in tact Section 609—‘‘Limitation of the nam would be the fullest possible coopera- this certification provision, the State and use of funds for diplomatic facilities in Viet- tion. Well, Clinton ‘‘normalized’’ and Com- Commerce Departments would be prohibited nam’’. It is our understanding that President munist Vietnam is still deliberately and per- from expanding the number of personnel as- Clinton is now seeking to VETO this bill in niciously dribbling out documents as you opposition to Section 609. signed to posts in Vietnam beyond what ex- can see with the enclosed Reuters’ story The National Vietnam Veterans Coalition isted on July 11, 1995, and only allows the dated (3-12-96). Where is this ‘‘superb’’ and urges President Clinton to reassess his posi- United States to operate the Liaison Office ‘‘splendid’’ cooperation by Vietnam? tion on this matter. The Coalition in its en- Our Families, Veterans and concerned citi- established on January 28, 1995. tirety, strongly and unanimously supports zens thank you for your total support re- The American Legion urges you to include the present language of this bill. This provi- garding our loved ones. Please, there should this language in the Omnibus Appropriations sion is necessary to assure a full accounting be no compromise of the House language for Bill that is currently under consideration. of American POW/MIAs. This provision will H.R. 2076 (Sec. 609). We ask only for honesty, The President moved to include the Socialist also enhance prospects of U.S. Vietnamese and the full unilateral return of the remains Republic of Vietnam in the family of nations economic relations by firmly demonstrating of our loved ones, including the records and when the President decided to normalize re- to Vietnam that the United States will ac- cept nothing less than honesty in all rela- documents before the U.S. gives the funding lations on July 11, 1995. The Administration for Diplomatic facilities in Vietnam. tions that affect both nations. said this will lead to progress on the issue of We are asking that the President do noth- Bless you for your stalwart support. American Prisoners of War and Missing in Sincerely, ing more than what he, himself has always Action, but regretfully, we have not found committed to the American people. In Janu- DOLORES APODACA ALFOND, that to be true. National Chairperson. ary, the United States told Vietnam that re- The Vietnamese posseses the ability to solving the fate of missing U.S. servicemen would be its priority regarding any future VETERANS OF THE VIETNAM WAR, INC., unilaterally disclose information on specific Freeport, NY, March 12, 1996. cases, as Defense Department officials have ties between the two countries and said at that time we wanted more progress. Hon. BEN GILMAN, testified and their Comprehensive Review of As we all know this has not happened. Chairman, International Relations. individual cases clearly shows. Thus, we Again, we are urging the President to reas- should emphasize this fact and show how im- Hon. ROBERT DORNAN, sess his position and to sign this bill in its portant the POW/MIA issue continues to be Chairman, Military Personnel Subcommittee. entirely. DEAR SIRS: The Veterans of the Vietnam to the American people by limiting funds for Sincerely, War, Inc. strongly supports the provisions in diplomatic facilities in Vietnam subject to J. THOMAS BURCH, Jr., the State Department Authorization and the President’s certification that Vietnam is Chairman, National State Department Appropriations bills that ‘‘fully cooperating.’’ Vietnam Veterans Coalition. deny funds for expanded relations until the The American Legion expects the fullest Vietnamese government fully and honestly possible accounting of our POW/MIAs, and AMERICAN DEFENSE INSTITUTE cooperates to account for American Pris- believes that withholding funds for diplo- March 12, 1996. oners of War and those still missing in ac- matic facilities would restore at least some Hon. ROBERT K. DORNAN tion. of the leverage the United States has surren- Chairman, Subcommittee on Military Personnel, Based on sworn testimony given by Gen- dered while prematurely normalizing rela- House of Representatives, LHOB–1201, eral James Wold before the Military Person- tions with Vietnam. Washington, DC. nel Subcommittee, who admitted that the DEAR CONGRESSMAN DORNAN: The American Communist Vietnamese government contin- The American Legion thanks you for your Defense Institute respectfully requests the ues to withhold valuable documents, includ- continuing strong support on this important House to make one final effort to obtain in- ing records of the Vietnamese Politburo and issue. formation on missing U.S. servicemen before Central Committee, our membership is ada- Sincerely, our nation fully embraces Vietnam. The mant that no further funding with American DANIEL A. LUDWIG, House can demonstrate to the Hanoi govern- dollars be allocated to the expansion of rela- National Commander. ment America’s continuing concern about H2080 CONGRESSIONAL RECORD — HOUSE March 12, 1996 men like James Kelly Patterson, my navi- 0096.—Curlee, Robert Lee, Jr. tional security legislation is severely gator, whose name surfaced in the Foreign 0096.—Hagen Craig Louis. curtailed by this bill. Broadcast Information System, February 28, 0096.—Hall, Walter Louis. The President should always be pre- 1996, stating that evidence exits that he had 0096.—Johnson, Bruce G. pared to consult the Congress in for- been forced to work at a secret arms testing 0096.—Owens, Fred Monroe. site in the Soviet Republic of Kazakhstan. 0096.—Saegaert, Donald Russell. eign policy questions, but this bill goes Denying diplomatic funding in the Com- 0097.—Holland, Lawrence Thomas. too far in undermining the ability of merce, State, Justice Appropriations Bill 0099.—Schumann, John Robert. the President to conduct foreign pol- (section 609 of H.R. 2076) as passed by the 0105.—Lindsey, Marvin Nelson. icy. The bill does not authorize the House, will help accomplish a final resolu- 0121.—Gray, Harold Edwin, Jr. necessary level of funding for the tion to this national tragedy. 0266.—Smith, Harold Victor. President to conduct effective foreign The Administration has clearly stated the 0301.—Mape, John Clement. policy. nation’s intention to move forward with dip- 0315.—Cooper, William Earl. Diplomacy is America’s first line of lomatic ties with Vietnam. At the same 0326.—Malone, Jimmy M. defense. Diplomacy is essential to time, Department of Defense officials have 0350.—Alberton, Bobby Joe. testified that there has not been full disclo- 0350.—Edmondson, William Rothroc. maintaining American leadership in sure of information Vietnam can provide to 0350.—McDonald, Emmett Raymond. world affairs. Diplomacy is also an in- account for missing Americans. Is it not un- 0350.—Shingledecker, Armon D. expensive way to represent vital U.S. reasonable to limit diplomatic activity until 0350.—Stickney, Phillip J. interests abroad. that information is forthcoming? Can we do 0430.—Eaton, Curtis Abbot. I recently returned from a trip over- less for our fallen soldiers? 0435.—Milikin, Richard M., III. seas in the subcontinent, and I spoke As a defense policy organization, the 0476.—Taylor, Danny Gene. to many foreign service officers, AID American Defense Institute considers the na- 0512.—Scungio, Vincent Anthony. officers, USIA officers. They are de- tion’s continuing effort to obtain informa- 0529.—Niehouse, Daniel Lee. tion on missing service personnel to be criti- 0542.—Begley, Burriss Nelson. moralized. They feel that their true cal to the morale of those serving in the 0586.—Silva, Claude Arnold. worth and value is not appreciated by military today. On behalf of those active 0589.—Poor, Russell Arden. this Congress. These are men and duty men and women, POW/MIA families 0641.—O’Grady, John Francis. women that risk their lives, do their who still wait for answers, the majority of 0680.—Jefferson, James Milton. jobs well, are patriotic, effective and former Vietnam POWs, and most of the na- 0727.—Apodaca, Victor Joe., Jr. efficient, yet they are being sent a tion’s 27 million veterans, we urge the Sen- 0732.—Klemm, Donald M. message that their service is not im- ate to join with the House of Representatives 0826.—Moore, Herbert William, Jr. portant, that funding for their agency and say with one voice to the government of 1065.—Hunt, Robert W. Vietnam that full diplomatic relations with 1093.—Ray, James Michael. is not important, that they are fur- the United States must be earned by provid- 1112.—Cichon, Walter Alan. loughed. ing all available information on missing 1258.—Acosta-Rosario, Humberto. This is not the way to treat Ameri- Americans. 1260.—Ferguson, Walter, Jr. ca’s diplomats. These are men and Sincerely, 1277.—Shark Earl E. women that form the elite of the Amer- EUGENE B. MCDANIEL, 1329.—Francisco, San DeWayne. ican Federal Government. They have President. 1329.—Morrison, Joseph C. been tested through extensive exami- 1456.—Sparks, Donald L. nations. They do not deserve this DORNAN TWO DOZEN MIA CASES TO BE UNILAT- 1504.—Cook, Glenn Richard. treatment. ERALLY RESOLVED BY THE GOVERNMENT OF 1538.—Long, Carl Edwin. The United States spends slightly VIETNAM 1719.—Ard, Randolph Jefferson. more than 1 percent of its Federal Refno 0021.—Versace, Humberto Rocque. 1719.—Burnett, Sheldon John. Refno 0024.—Roraback, Kenneth M. 1843.—Wiles, Marvin Benjamin C. budget on international diplomacy and Refno 0050.—Cook, Donald Gilbert. 1870.—Fowler, James Alan. international assistance programs. Refno 0054.—McLean, James Henry. 1870.—Seuell, John W. This investment in peace and prosper- Refno 0096.—Hall, Walter Louis. 1924.—Buell, Kenneth Richard. ity is the cornerstone of our national Refno 0105.—Lindsey, Marvin Nelson. 1934.—Anderson, Robert Dale. security policy. It is clearly cheaper to Refno 0162.—Pogreba, Dean Andrew. 1940.—Hall, James Wayne. engage in diplomacy than to pay for Refno 0215.—Nordahl, Lee E. 1952.—McElvain, James Richard. 1952.—Ward, Ronald J. military operations. Refno 0691.—Patterson, James Kelly. At this very time that we are in a Refno 1329.—Francisco, Sam Dewayne. 1965.—Bennett, Thomas Waring, Jr. Refno 1329.—Morrison Joseph C. 1978.—Bush, Elbert Wayne. state of tension between Taiwan and Refno 1388.—Brucher, John Martin. 1978.—Deane, William Lawrence. China, there is a provision in this bill, Refno 1402.—McDonnell, John Terrence. 1978.—Lauterio, Manuel Alonzo. section 1601, amending the Taiwan Re- Refno 1405.—Luna, Carter Pervis. 1978.—Stinson, William Sherril. lations Act that is going to increase Refno 1437.—Brashear, William James. 1978.—Wilson, Mickey Allen. risk at a time of heightened tensions. Refno 1437.—Mundt, Henry G. 69 INDIVIDUALS.—(51 CASES) This is not the time, this is not the Refno 1456.—Sparks, Donald L. Mr. BEILENSON. Mr. Speaker, I week, this is not the day to be sending Refno 1625.—Duke, Charles R. yield 5 minutes to the gentleman from Refno 1719.—Burnett, Sheldon John. a message at a time of very heightened Refno 1747.—Pearce, Dale Allen. New Mexico [Mr. RICHARDSON]. tensions. We have ships and destroyers Refno 1747.—Soyland, David Pecor. (Mr. RICHARDSON asked and was in a state of alarm in Taiwan and in Refno 1748.—Entrican, Dannly D. given permission to revise and extend China. This is not the time when we Refno 1843.—Wiles, Marvin Benjamin C. his remarks.) abruptly shift policy and tie the Presi- Refno 1927.—Borah, Daniel Vernon Jr. Mr. RICHARDSON. Mr. Speaker, if dent’s hands. Refno 1934.—Anderson, Robert Dale. passed into law, this bill would be the We also have a provision on inter- Refno 1945.—Brown, Robert Mack. beginning of the U.S. withdrawal from national organizations which would Refno 1945.—Morrisey, Robert D. Refno 1948.—Stafford, Ronald Dean. the international arena. provide inadequate funding levels for Special Case, Laos—Renno 0084.—Hrdlicka, If this bill passes, the United States fiscal years 1996 and 1997 and unwork- David Louis is on the slippery slope toward isola- able notification requirements which tionism, and as the last superpower, would undermine our diplomatic ef- WOLD LIST DPMO CASES REQUIRING CRITICAL the United States cannot withdraw forts in the U.N. and also are efforts to VIETNAMESE ASSISTANCE from the world. Sections of this bill reform the U.N. system. This is not the 0023.—Cody, Howard Rudolph. force the United States to retreat from kind of bill nor the kind of initiative 0024.—Roraback, Kenneth M. further engagement in world affairs. we want to be sending at this time. 0047.—Tadios, Leonard Masayon. American leadership in the inter- The bill also threatens the existence 0048.—Parks, Joe. national arena is directly threatened of vital international agencies in for- 0049.—Bennett, Harold George. by this bill. The conduct of foreign pol- eign policy. The U.S. Agency for Inter- 0050.—Cook, Donald Gilbert. 0052.—Hertz, Gustav. icy is a significant Presidential prerog- national Development, the U.S. Infor- 0077.—Shea, James Patrick. ative. It is not the prerogative of the mation Agency, and the Arms Control 0086.—Walker, Orien J. Congress. Presidential authority to and Disarmament Agency may all be 0096.—Compa, Joseph James, Jr. conduct foreign policy and direct na- shut down by passage of this bill. At March 12, 1996 CONGRESSIONAL RECORD — HOUSE H2081 least one of them is going to be closed Therefore, we did not see any problem I would therefore submit that while down. What is America’s foreign policy with waiving a rule when there was no the point of order may be technically going to be, if not to help international unfunded mandate. In fact, I have a let- valid because this is a blanket waiver, markets for American firms, extending ter I will introduce into the RECORD its use in this instance is an abuse of America’s promise of freedom through from the Congressional Budget Office process—a dilatory tactic designed to the free flow of information, and to dated March 12, that in fact says, prolong and delay consideration by the make the world safe from the horrors among other things, the bill would im- House of this boilerplate rule on a con- of nuclear warfare? pose no intergovernmental private-sec- ference report that contains no un- Mr. Speaker, this is not a good bill. tor mandates as defined by Public Law funded mandates of order and that the There are many serious Members on 1044 and would have no direct budg- House should not be subjected to addi- the other side that know the limits and etary impacts on State, local, or tribal tional debate and a vote where no such the possibilities of American foreign governments. I believe that as well. valid point of order would lie. policy. They know that we are the last Mr. Speaker, I will also include in So, the question might be asked, Why superpower. They know that, regret- the RECORD a statement which would not exempt the unfunded mandate tably, because we resolved the Bosnia have been our statement had we actu- point of order from the blanket waiver issue and many others, that the world ally taken the point of order question in the rule? The point of order that has is coming to us for leadership. When we to the floor. I would simply say it been made against this rule is the per- retreat and when we say that we can- would be a futile gesture to provide an fect answer to that question. While you not staff our embassies and we close answer when there is no problem, al- can have only one bogus point of order consulates, not providing services to though that is the kind of thing we do against the rule, you could have an in- Americans and not showing the Amer- very well in government these days. It finite number raised against the con- ican flag, that is a signal at this time seems at great cost to the taxpayers, ference report—each of which would of our existence when the American and I would put that point of order in trigger a separate debate and vote of leadership is not only going to be ques- that particular category. the House to consider the conference tioned, but once again many are going Finally, I would like to urge strong report. to say that the American giant, the support for the rule at this time. In other words, the minority has al- country that is a hope for freedom and Whether one agrees with the substance ready made the case for the blanket diplomacy and democracy, is not out of the bill, the rule is actually a pretty waiver with this completely groundless there to do its job. good rule. It should allow us to get on and dilatory point of order against the Mr. Speaker, this is not a good bill. with our job. I think there is every rea- rule. I would therefore urge that the It should not be passed. The Presi- son for people to support this particu- motion to consider this rule be adopt- dent’s right to conduct foreign policy lar rule. ed. Mr. Speaker, the letter and state- should be maintained, and this bill ment referred to earlier are included U.S. CONGRESS, does not do that. CONGRESSIONAL BUDGET OFFICE, for the RECORD. Mr. BEILENSON. Mr. Speaker, I Washington, DC, March 12, 1996. Mr. Speaker, I rise in strong support yield myself such time as I may Hon. BENJAMIN A. GILMAN, of the question of consideration of this consume. Chairman, Committee on International Rela- rule and urge an ‘‘aye’’ vote on it. Let Mr. Speaker, in concluding, I simply tions, House of Representatives, Washing- me make quite clear from the outset want to commend the gentleman who ton, DC. that the point of order that has trig- DEAR MR. CHAIRMAN: In response to the re- just spoke for his excellent and his gered this separate 20-minute debate quest of your staff, the Congressional Budget very thoughtful statement. His points, and vote is completely bogus—there Office has reviewed the Conference Report to especially those made relative to the are no unfunded mandates in this State H.R. 1561, the Foreign Relations Authoriza- fine men and women who serve us over- Department conference report. tion Act, Fiscal Years 1996 and 1997, as re- seas and what we owe them, I think Mr. Speaker, the point of order was ported on March 8, 1996. The bill would con- solidate various foreign affairs agencies, au- could not have been better said. made that House Resolution 375 is in Mr. Speaker, I yield back the balance thorize appropriations for the Department of violation of section 426(a) of the Budget State and related agencies, and address other of my time. Act which prohibits the consideration Mr. GOSS. Mr. Speaker, I yield my- matters in foreign relations. of a rule that waives section 425 of the The bill could impose no intergovern- self such time as I may consume. Budget Act relating to unfunded man- mental or private sector mandates as defined Mr. Speaker, the gentleman from dates. A section 425 point of order is by Public law 104–4 and would have no direct New Mexico, perhaps more than any triggered if the maker of the point of budgetary impacts on state, local, or tribal Member of this Congress, knows how order can, and I quote, ‘‘specify the governments. helpful Members of this Congress can We are preparing a separate federal cost es- precise language on which it is pre- timate for later transmittal. be in the execution of foreign policy, mised.’’ and I think that it is correct to say If you wish further details on this esti- In this case, the existence of a blan- mate, we will be pleased to provide them. that foreign policy is not the exclusive ket waiver in this rule is sufficient spe- The CBO staff contacts are Pepper right of the executive branch. It is an cific language to trigger the point of Santalucia (225–3220) for effects on state, area where we both have an interest. order and a separate debate and vote. local, and tribal governments, and Eric Labs I would agree, as I said in my opening There is no requirement that a point of (226–2900) for impacts on the private sector. remarks, that the executive branch has order against the rule need identify Sincerely, primary responsibility, but we have any matter in the conference report JUNE E. O’NEILL. primary oversight responsibility. Sure- that might be in violation of the un- Mr. Speaker, I yield back the balance ly in terms of foreign policy of the na- funded mandate procedures. of my time, and I move the previous tional interests of the United States, And so, while the rule waives all question on the resolution. this body has a tremendous amount to points of order against the conference The SPEAKER pro tempore. Without say and should have a tremendous report, implicitly including any un- objection, the previous question is or- amount to say. funded mandate points of order, there dered. Second, I would like to reply just is no provision that we are aware of in There was no objection. very briefly to the remarks of my dis- the conference report that remotely re- The SPEAKER pro tempore. The tinguished colleague from California, lates to mandates on State or local question is on the resolution. Mr. BEILENSON, about this question governments. The question was taken; and the about points of order. We had looked There were no such mandates identi- Speaker pro tempore announced that very closely into that ourselves, and, fied by the Congressional Budget Office the ayes appeared to have it. as traditional with conference reports, in the House reported bill, or in the Mr. BEILENSON. Mr. Speaker, I ob- I would have waived all points of order House-passed bill, H.R. 1561, or in the ject to the vote on the ground that a against it. We had gotten to the con- Senate-passed bill. Nor are we aware of quorum is not present and make the clusion, after checking with CBO, that any that have been added in con- point of order that a quorum is not we in fact have no unfunded mandate. ference. present. H2082 CONGRESSIONAL RECORD — HOUSE March 12, 1996 The SPEAKER pro tempore. Evi- Collins (MI) Johnson, E. B. Pelosi BI-STATE DEVELOPMENT AGENCY Condit Johnston Peterson (FL) dently, a quorum is not present. Conyers Kanjorski Peterson (MN) BY THE STATES OF MISSOURI The Sergeant at Arms will notify ab- Costello Kaptur Pickett AND ILLINOIS sent Members. Coyne Kennedy (MA) Pomeroy Cramer Kennedy (RI) Poshard The SPEAKER pro tempore. The The vote was taken by electronic de- Danner Kennelly Rahall pending business is the question of sus- vice, and there were—yeas 226, nays DeFazio Kildee Rangel pending the rules and passing the joint 180, not voting 25, as follows: DeLauro Kleczka Reed resolution, House Joint Resolution 78, Dellums Klink Richardson [Roll No. 56] Deutsch LaFalce Rivers as amended. YEAS—226 Dicks Lantos Roemer The Clerk read the title of the joint Dingell Levin Rose Allard Ganske Nethercutt resolution. Dixon Lewis (GA) Roybal-Allard Archer Gekas Neumann Doggett Lincoln Sabo The SPEAKER pro tempore. The Armey Geren Ney Dooley Lipinski Sanders question is on the motion offered by Bachus Gilchrest Norwood Doyle Lofgren Sawyer Baker (CA) Gillmor Nussle the gentleman from Pennsylvania [Mr. Edwards Lowey Schroeder Baker (LA) Gilman Oxley GEKAS] that the House suspend the Engel Luther Schumer Ballenger Goodlatte Packard Eshoo Maloney Scott rules and pass the joint resolution, Barr Goodling Parker Evans Manton Serrano House Joint Resolution 78, as amended. Barrett (NE) Goss Paxon Farr Markey Sisisky Bartlett Graham Petri The question was taken. Fattah Martinez Skaggs Bass Greenwood Pombo Fazio Mascara Skelton RECORDED VOTE Bateman Gunderson Porter Fields (LA) Matsui Slaughter Bereuter Gutknecht Portman Mr. GOSS. Mr. Speaker, I demand a Filner McCarthy Spratt Bilbray Hancock Pryce recorded vote. Foglietta McDermott Stark Bilirakis Hansen Quillen Frank (MA) McHale Stenholm A recorded vote was ordered. Bliley Hastert Quinn Frost McKinney Studds The vote was taken by electronic de- Blute Hastings (WA) Radanovich Furse McNulty Stupak Boehlert Hayes Ramstad vice, and there were—ayes 405, noes 0, Gejdenson Meehan Tanner Boehner Hayworth Regula Gephardt Meek Taylor (MS) not voting 26, as follows: Bonilla Hefley Riggs Gibbons Menendez Thompson [Roll No. 57] Bono Heineman Roberts Gonzalez Miller (CA) Thornton Brownback Herger Rogers AYES—405 Gordon Minge Thurman Bryant (TN) Hilleary Rohrabacher Gutierrez Mink Torres Abercrombie Coble Frelinghuysen Bunn Hobson Ros-Lehtinen Hall (OH) Moakley Torricelli Ackerman Coburn Frisa Bunning Hoekstra Roth Hall (TX) Mollohan Towns Allard Coleman Frost Burr Hoke Royce Hamilton Montgomery Velazquez Andrews Collins (GA) Funderburk Burton Horn Salmon Harman Moran Vento Archer Collins (MI) Furse Buyer Hostettler Sanford Hastings (FL) Murtha Visclosky Armey Combest Ganske Callahan Houghton Saxton Hefner Nadler Volkmer Bachus Condit Gejdenson Calvert Hunter Scarborough Hilliard Neal Ward Baesler Conyers Gekas Camp Hutchinson Schaefer Hinchey Oberstar Waters Baker (CA) Cooley Gephardt Campbell Hyde Schiff Holden Obey Watt (NC) Baker (LA) Costello Geren Canady Inglis Seastrand Hoyer Olver Williams Baldacci Cox Gibbons Castle Istook Sensenbrenner Jackson (IL) Orton Wise Ballenger Coyne Gilchrest Chabot Johnson (CT) Shadegg Jackson-Lee Owens Woolsey Barcia Cramer Gillmor Chambliss Jones Shaw (TX) Pallone Wynn Barr Crane Gilman Chrysler Kasich Shays Jacobs Pastor Yates Barrett (NE) Crapo Gonzalez Clinger Kelly Shuster Jefferson Payne (NJ) Barrett (WI) Cremeans Goodlatte Coble Kim Skeen Johnson (SD) Payne (VA) Bartlett Cubin Goodling Coburn King Smith (MI) Bass Cunningham Gordon Collins (GA) Kingston Smith (NJ) NOT VOTING—25 Bateman Danner Goss Combest Klug Smith (TX) Barton Fields (TX) Rush Becerra Davis Graham Cooley Knollenberg Smith (WA) Beilenson Deal Greenwood Cox Kolbe Solomon Bryant (TX) Flake Stockman Chapman Ford Stokes Bentsen DeFazio Gunderson Crane LaHood Souder Bereuter DeLauro Gutierrez Crapo Largent Spence Chenoweth Gallegly Taylor (NC) Christensen Green Tejeda Berman Dellums Gutknecht Cremeans Latham Stearns Bevill Deutsch Hall (OH) Cubin LaTourette Stump Collins (IL) Johnson, Sam Waxman de la Garza Laughlin Wilson Bilbray Diaz-Balart Hall (TX) Cunningham Lazio Talent Bilirakis Dickey Hamilton Davis Leach Tate DeLay Ortiz Durbin Roukema Bishop Dicks Hancock Deal Lewis (CA) Tauzin Bliley Dingell Hansen Diaz-Balart Lewis (KY) Thomas Blute Dixon Harman Dickey Lightfoot Thornberry b 1749 Boehlert Doggett Hastert Doolittle Linder Tiahrt Boehner Dooley Hastings (FL) Dornan Livingston Torkildsen So the resolution was agreed to. Bonilla Doolittle Hastings (WA) Dreier LoBiondo Traficant The result of the vote was announced Bonior Dornan Hayes Duncan Longley Upton as above recorded. Bono Doyle Hayworth Dunn Lucas Vucanovich A motion to reconsider was laid on Borski Dreier Hefley Ehlers Manzullo Waldholtz Boucher Duncan Hefner Ehrlich Martini Walker the table. Brewster Dunn Heineman Emerson McCollum Walsh Browder Edwards Herger English McCrery Wamp f Brown (CA) Ehlers Hilleary Ensign McDade Watts (OK) Brown (FL) Ehrlich Hilliard Everett McHugh Weldon (FL) Brown (OH) Emerson Hinchey Ewing McInnis Weldon (PA) ANNOUNCEMENT BY THE SPEAKER Brownback Engel Hobson Fawell McIntosh Weller PRO TEMPORE Bryant (TN) English Hoekstra Flanagan McKeon White Bunn Ensign Hoke Foley Metcalf Whitfield The SPEAKER pro tempore (Mr. Bunning Eshoo Holden Forbes Meyers Wicker CAMP). Pursuant to the provisions of Burr Evans Horn Fowler Mica Wolf clause 5 of rule I, the Chair will now Burton Everett Hostettler Fox Miller (FL) Young (AK) put the question on each motion to Buyer Ewing Houghton Franks (CT) Molinari Young (FL) Callahan Farr Hoyer Franks (NJ) Moorhead Zeliff suspend the rules on which further pro- Calvert Fattah Hunter Frelinghuysen Morella Zimmer ceedings were postponed earlier today Camp Fawell Hutchinson Frisa Myers Campbell Fazio Hyde Funderburk Myrick in the order in which that motion was entertained. Canady Fields (LA) Inglis NAYS—180 Cardin Filner Istook Votes will be taken in the following Castle Flanagan Jackson (IL) Abercrombie Bentsen Brown (CA) order: House Joint Resolution 78, de Chabot Foglietta Jackson-Lee Ackerman Berman Brown (FL) novo; H.R. 2064, de novo; and House Chambliss Foley (TX) Andrews Bevill Brown (OH) Chrysler Forbes Jacobs Baesler Bishop Cardin Concurrent Resolution 149 by the yeas Clay Fowler Jefferson Baldacci Bonior Clay and nays. Clayton Fox Johnson (CT) Barcia Borski Clayton The Chair will reduce to 5 minutes Clement Frank (MA) Johnson (SD) Barrett (WI) Boucher Clement Clinger Franks (CT) Johnson, E. B. Becerra Brewster Clyburn the time for any electronic vote after Clyburn Franks (NJ) Johnston Beilenson Browder Coleman the first such vote in this series. March 12, 1996 CONGRESSIONAL RECORD — HOUSE H2083 Jones Mollohan Serrano ANNOUNCEMENT BY THE SPEAKER Deal Jackson (IL) Owens Kanjorski Montgomery Shadegg DeFazio Jackson-Lee Oxley Kaptur Moorhead Shaw PRO TEMPORE DeLauro (TX) Packard Kasich Moran Shays The SPEAKER pro tempore (Mr. Dellums Jacobs Pallone Kelly Morella Shuster Deutsch Jefferson Parker Kennedy (MA) Murtha Sisisky CAMP). Pursuant to the provisions of Diaz-Balart Johnson (CT) Pastor Kennedy (RI) Myers Skaggs clause 5 of rule I, the Chair announces Dickey Johnson (SD) Paxon Kennelly Myrick Skeen that he will reduce to a minimum of 5 Dicks Johnson, E. B. Payne (NJ) Kildee Nadler Skelton minutes the period of time within Dingell Johnston Payne (VA) Kim Neal Slaughter Dixon Jones Pelosi King Nethercutt Smith (MI) which a vote by electronic device may Doggett Kanjorski Peterson (FL) Kingston Neumann Smith (NJ) be taken on each additional motion to Dooley Kaptur Peterson (MN) Kleczka Ney Smith (TX) suspend the rules on which the Chair Doolittle Kasich Petri Klink Norwood Smith (WA) Dornan Kelly Pickett Klug Nussle Solomon has postponed further proceedings. Doyle Kennedy (MA) Pombo Knollenberg Oberstar Souder f Dreier Kennedy (RI) Pomeroy Kolbe Obey Spence Duncan Kennelly Porter LaFalce Olver Spratt Dunn Kildee Portman LaHood Orton Stark HISTORIC CHATTAHOOCHEE Edwards Kim Poshard Lantos Owens Stearns COMPACT Ehlers King Pryce Largent Oxley Stenholm Ehrlich Kingston Quillen Latham Packard Studds The SPEAKER pro tempore. The Emerson Kleczka Quinn LaTourette Pallone Stump pending business is the question of sus- Engel Klink Radanovich Lazio Parker Stupak pending the rules and passing the bill, English Klug Rahall Leach Pastor Talent H.R. 2064. Ensign Knollenberg Ramstad Levin Paxon Tanner Eshoo Kolbe Rangel Lewis (CA) Payne (NJ) Tate The Clerk read the title of the bill. Evans LaFalce Reed Lewis (GA) Payne (VA) Tauzin The SPEAKER pro tempore. The Everett LaHood Regula Lewis (KY) Pelosi Taylor (MS) question is on the motion offered by Ewing Lantos Richardson Lightfoot Peterson (FL) Thomas Farr Largent Riggs Lincoln Peterson (MN) Thompson the gentleman from Pennsylvania [Mr. Fattah Latham Rivers Linder Petri Thornberry GEKAS] that the House suspend the Fawell LaTourette Roberts Lipinski Pickett Thornton rules and pass the bill, H.R. 2064. Fazio Lazio Roemer Livingston Pombo Thurman The question was taken; and (two- Fields (LA) Leach Rogers LoBiondo Pomeroy Tiahrt Filner Levin Rohrabacher Lofgren Porter Torkildsen thirds having voted in favor thereof) Flanagan Lewis (CA) Ros-Lehtinen Longley Portman Torres the rules were suspended and the bill Foglietta Lewis (GA) Rose Lowey Poshard Torricelli was passed. Foley Lightfoot Roth Lucas Pryce Towns Forbes Lincoln Roukema Luther Quillen Traficant A motion to reconsider was laid on Fowler Linder Roybal-Allard Maloney Quinn Upton the table. Fox Lipinski Royce Manton Radanovich Velazquez Frank (MA) Livingston Sabo Manzullo Rahall Vento f Franks (CT) LoBiondo Salmon Markey Ramstad Visclosky Franks (NJ) Lofgren Sanders Martinez Rangel Volkmer CONDEMN BOMBINGS IN ISRAEL Frelinghuysen Longley Sanford Martini Reed Vucanovich Frisa Lowey Sawyer Mascara Regula Waldholtz The SPEAKER pro tempore. The Frost Lucas Saxton Matsui Richardson Walker pending business is the question of sus- Funderburk Luther Scarborough McCarthy Riggs Walsh pending the rules and agreeing to the Furse Maloney Schaefer McCollum Rivers Wamp concurrent resolution, House Concur- Ganske Manton Schiff McCrery Roberts Ward Gejdenson Manzullo Schroeder McDade Roemer Waters rent Resolution 149, as amended. Gekas Markey Schumer McDermott Rogers Watt (NC) The Clerk read the title of the con- Gephardt Martinez Scott McHale Rohrabacher Watts (OK) current resolution. Geren Martini Seastrand McHugh Ros-Lehtinen Weldon (FL) Gibbons Mascara Sensenbrenner McInnis Rose Weldon (PA) The SPEAKER pro tempore. The Gilchrest Matsui Serrano McIntosh Roth Weller question is on the motion offered by Gillmor McCarthy Shadegg McKeon Roybal-Allard White the gentleman from New York [Mr. Gilman McCollum Shaw McKinney Sabo Whitfield GILMAN] that the House suspend the Gonzalez McCrery Shays McNulty Salmon Wicker Goodlatte McDade Shuster Meehan Sanders Williams rules and agree to the concurrent reso- Goodling McDermott Sisisky Meek Sanford Wise lution, House Concurrent Resolution Gordon McHale Skaggs Menendez Sawyer Wolf 149, as amended, on which the yeas and Goss McHugh Skeen Metcalf Saxton Woolsey Graham McInnis Skelton Meyers Scarborough Wynn nays are ordered. Greenwood McIntosh Slaughter Mica Schaefer Yates The vote was taken by electronic de- Gunderson McKeon Smith (MI) Miller (CA) Schiff Young (AK) vice, and there were—yeas 406, nays 0, Gutierrez McKinney Smith (NJ) Miller (FL) Schroeder Young (FL) not voting 25, as follows: Gutknecht McNulty Smith (TX) Minge Schumer Zeliff Hall (OH) Meehan Smith (WA) Mink Scott Zimmer [Roll No. 58] Hall (TX) Meek Solomon Moakley Seastrand YEAS—406 Hamilton Menendez Souder Molinari Sensenbrenner Hancock Metcalf Spence Abercrombie Bliley Chabot Hansen Meyers Spratt NOT VOTING—26 Ackerman Blute Chambliss Harman Mica Stark Allard Boehlert Chrysler Barton Fields (TX) Royce Hastert Miller (CA) Stearns Andrews Boehner Clay Bryant (TX) Flake Rush Hastings (FL) Miller (FL) Stenholm Archer Bonilla Clayton Chapman Ford Stockman Hastings (WA) Minge Studds Armey Bonior Clement Chenoweth Gallegly Stokes Hayes Mink Stump Bachus Bono Clinger Christensen Green Taylor (NC) Hayworth Moakley Stupak Baesler Borski Clyburn Collins (IL) Johnson, Sam Tejeda Hefley Molinari Talent Baker (CA) Boucher Coble de la Garza Laughlin Waxman Hefner Mollohan Tanner Baker (LA) Brewster Coburn DeLay Ortiz Wilson Heineman Montgomery Tate Baldacci Browder Coleman Durbin Roukema Herger Moorhead Tauzin Ballenger Brown (CA) Collins (GA) Hilleary Moran Taylor (MS) Barcia Brown (FL) Collins (MI) Hilliard Morella Thomas b 1810 Barr Brown (OH) Combest Hinchey Murtha Thompson Barrett (NE) Brownback Condit Hobson Myers Thornberry Mr. HOUGHTON changed his vote Barrett (WI) Bryant (TN) Conyers Hoekstra Myrick Thornton from ‘‘no’’ to ‘‘aye.’’ Bartlett Bunn Cooley Hoke Nadler Thurman Bass Bunning Costello Holden Neal Tiahrt So (two-thirds having voted in favor Bateman Burr Cox Horn Nethercutt Torkildsen thereof) the rules where suspended and Becerra Burton Coyne Hostettler Neumann Torres the joint resolution, as amended, was Beilenson Buyer Cramer Houghton Ney Torricelli Bentsen Callahan Crane passed. Hoyer Norwood Towns Bereuter Calvert Crapo Hunter Nussle Traficant The result of the vote was announced Berman Camp Cremeans Hutchinson Oberstar Upton as above recorded. Bevill Campbell Cubin Hyde Obey Velazquez Bilbray Canady Cunningham A motion to reconsider was laid on Inglis Olver Vento Bilirakis Cardin Danner Istook Orton Visclosky the table. Bishop Castle Davis H2084 CONGRESSIONAL RECORD — HOUSE March 12, 1996 Volkmer Watts (OK) Wolf Mr. GILMAN. Mr. Speaker, I yield and ends the AID Housing Guarantee Vucanovich Weldon (FL) Woolsey Waldholtz Weldon (PA) Wynn myself such time as I may consume. Program, except in South Africa. By Walker Weller Yates (Mr. GILMAN asked and was given vetoing our bill, the President would Walsh White Young (AK) permission to revise and extend his re- continue this ‘‘international S&L,’’ de- Wamp Whitfield Young (FL) marks.) spite the GAO’s warnings that the pro- Ward Wicker Zeliff Waters Williams Zimmer Mr. GILMAN. Mr. Speaker, I bring gram will cost the taxpayers over $1 Watt (NC) Wise before the House, the conference agree- billion in loan losses. ment on H.R. 1561, the Foreign Rela- Our bill, for the first time, also pro- NOT VOTING—25 tions Authorization Act for fiscal years vides that recipients of grants from the Barton Fields (TX) Rush International Fund for Ireland abide by Bryant (TX) Flake Stockman 1996 and 1997. Chapman Ford Stokes We bring to the floor a bill that the MacBride Principles of fair employ- Chenoweth Gallegly Taylor (NC) eliminates at least one Federal agency, ment in the North of Ireland. Christensen Green Tejeda cuts spending $500 million before FY Our bill condemns Turkey’s mis- Collins (IL) Johnson, Sam Waxman guided policy of obstructing aid to Ar- de la Garza Laughlin Wilson 1995 levels, and achieves savings of $1.7 DeLay Lewis (KY) billion over four years. menia by prohibiting assistance to any Durbin Ortiz The conference agreement requires country that bars or obstructs delivery of U.S. humanitarian aid. b 1819 the abolition of at least one agency from among the four international af- Our bill contains a bipartisan provi- So (two-thirds having voted in favor fairs agencies—the Arms Control and sion requiring that foreign aid funds thereof) the rules were suspended and Disarmament Agency, the Agency for not spent after three years following the concurrent resolution, as amended, International Development, and the their appropriation be returned to the was agreed to. United States Information Agency and U.S. Treasury. The result of the vote was announced its consolidation into the Department Our bill also contains 20 provisions to as above recorded. of State. improve management of the State De- A motion to reconsider was laid on This consolidation—and the Presi- partment that the administration re- the table. dent is certainly encouraged to consoli- quested. They include authority to collect f date more than one agency—together fees for visas and use the funds to im- with other provisions of the bill, will PERSONAL EXPLANATION prove our border security operations, result in a savings in fiscal years 1996 and authority to collect from insurers Mr. LEWIS of Kentucky. Mr. Speaker, I was through 1999 of at least $1.7 billion in for providing free health care to U.S. unavoidably detained and did not cast my vote the authorizations for programs under on rollcall No. 58. Had I been present, I would diplomats and their families at over- the control of the Committee on Inter- seas posts, to name a few. have voted ``yes'' on House Concurrent Reso- national Relations. lution 149. We also provide higher spending lev- The bill reauthorizes the Department els for a very few programs, such as the f of State and related agencies for fiscal Peace Corps and International Narcot- REMOVAL OF NAME OF MEMBER years 1996 and 1997. Further, it author- ics Control programs. AS COSPONSOR OF H.R. 1963 izes, at reduced but manageable levels, H.R. 1561 also provides for reforms in the salary and expense accounts for the the United Nations to refocus the U.N. Mrs. THURMAN. Mr. Speaker, I ask Departments of State, USIA, ACDA, on its traditional development and unanimous consent that my name be and AID through 1999. peacekeeping roles, preserves organiza- removed as a cosponsor of H.R. 1963. In this manner we are able to ensure tional flexibility for the agencies, pro- The SPEAKER pro tempore (Mr. that savings in these accounts are vides for the humanitarian assistance CAMP). Is there objection to the request planned for and achieved, as will be and resettlement for refugees, pro- of the gentlewoman from Florida? seen in the accompanying spreadsheet. motes the rapid implementation of There was no objection. Regrettably, the President already broadcasting into the non-democratic f has stated his intention to veto this countries of Asia, and terminates Unit- bill, which provides for the first meas- CONFERENCE REPORT ON H.R. 1561, ed States participation in obsolete ure of reform in our foreign affairs FOREIGN RELATIONS AUTHOR- international organizations. agencies in 50 years, including reforms IZATION ACT, FISCAL YEARS 1996 Mr. Speaker, this conference agree- his own administration proposed. AND 1997 ment reflects a number of compromises With regard to consolidation, Sec- between the House and the Senate and Mr. GILMAN. Mr. Speaker, pursuant retary of State Warren Christopher accommodates many of the most seri- to House Resolution 375, I call up the last year suggested consolidating three ous concerns raised by the administra- conference report on the bill (H.R. 1561) outdated foreign affairs agencies into tion and the minority. to consolidate the foreign affairs agen- the State Department. Our bill re- While the minority chose not to par- cies of the United States; to authorize quires the consolidation of only one ticipate in the process, we made a sin- appropriations for the Department of agency. cere effort to meet their concerns. State and related agencies for fiscal Our bill also provides for a number of It was disappointing that we could years 1996 and 1997; to responsibly re- foreign policy principles important to not build within the administration duce the authorizations of appropria- U.S. national interests. and among many of our colleagues a tions for U.S. foreign assistance pro- Our bill puts the Taiwan Relations consensus to organize the foreign af- grams for fiscal years 1996 and 1997, and Act at the center of our relations, al- fairs functions to meet the coming cen- for other purposes. lowing the United States to fully sup- tury. The Clerk read the title of the bill. port Taiwan. The President, siding While we are bringing a solid Depart- The SPEAKER pro tempore. Pursu- with the Chinese Communist govern- ment of State and related agencies bill ant to House Resolution, 375, the con- ment, seeks to limit our support for to the floor, many of us are dis- ference report is considered as having Taiwan by asserting that an Executive appointed that we could not build a been read. Agreement takes precedence over legis- consensus within the administration (For conference report and state- lation by the U.S. Congress. and among our democractic colleagues ment, see proceedings of the House of On Vietnam, our bill conditions the to organize the foreign affairs func- Friday, March 8, 1996, at page H1987.) expansion of United States relations tions to meet the coming century. The SPEAKER pro tempore. The gen- with Vietnam on POW–MIA progress. Because of bureaucratic inertia and a tleman from New York [Mr. GILMAN] The President, by disagreeing with this lack of vision, the Clinton administra- and the gentleman from Indiana [Mr. bill, stands with the Vietnamese Gov- tion has engaged in an all-out assault HAMILTON] will each be recognized for ernment and against the families of on any effort to revitalize, reinvigo- 30 minutes. missing Americans. rate, reorganize, reform, restructure, The Chair recognizes the gentleman On the international housing pro- or reconsider the foreign affairs pro- from New York [Mr. GILMAN]. gram, our bill follows the GAO’s advice grams of our Nation. March 12, 1996 CONGRESSIONAL RECORD — HOUSE H2085 The tragedy is that this bill reflects fortunate enough to have as the leaders fairs functions of our Government. the failure of the Clinton administra- of its foreign policy institutions great There will eventually be leadership in tion to provide the foreign policy lead- public servants who were concerned foreign affairs who have the vision to ership in the early years of the post- not only with creating a new policy for create the foreign policy for the post- cold-war era that was once provided by the new era, but in building the insti- cold-war era and the courage to imple- another Democratic administration— tutions to carry out the new policy. ment such a vision through institu- Harry Truman’s—in the early years of Today, the institutions of foreign tional changes. Those whose vision is the cold war era. policy built for the cold war era de- too unfocused and whose courage is too Truman’s administration—including mand serious attention and will re- uncertain must give way to those who the President, the Secretary of State, quire hard work if the institutions are can provide the leadership that is so the Secretary of Defense, and hundreds to serve our policy objectives in this desperately lacking today. of other competent and courageous post-cold-war era. Those who oppose the reform and re- public servants—were concerned with The end of the cold war is not the vitalization of the foreign affairs pro- building institutions and about the only reason why these institutions grams are the real isolationists be- quality and effectiveness of the institu- need attention. Massive changes in the cause they have allowed themselves tions of government entrusted to them. external environment in which these and their thinking to become isolated The Truman years were years of an agencies operate also demand that from the great changes that have openness to new ideas and a willingness these institutions be reformed and re- taken place. to experiment. vitalized. Faced with a world situation and an The revitalization of the foreign pol- They recognize the change in the American role in the world radically icy institutions does not have to be an world, but want to isolate themselves different from those that existed before adversarial process with Congress im- from the serious, hard work of adapt- the Second World War, President Tru- posing upon a reluctant bureaucracy ing public institutions to the changes man, Secretary Marshall, Secretary reforms that the bureaucracy itself is in the world. Forrestal, Secretary Acheson, and oth- unable to adopt. In a now-infamous memo, the A.I.D. ers did what was necessary to adapt to We were prepared, as the new Repub- Agency said its aim was to—and I the new era. lican majority in Congress, to work quote—‘‘delay, obfuscate and derail’’ This was the era in which the State collaboratively with the President and this bill. Department was reformed from top to his Secretary of State to develop and This conference report is a downpay- bottom, in which new agencies like carry out a program of reform and revi- ment on our pledge to streamline and USIA and the foreign aid agency were talization of these institutions. consolidate our foreign affairs appara- created, in which the Air Force was We in Congress were prepared to tus for the first time in 50 years to created, and authority over the Army, work in that great spirit of bipartisan- make them more effective and effi- Navy, and Air Force was consolidated ship and executive-legislative collabo- cient. into one new Department of Defense. ration that characterized the post- Intelligence matters were consolidated World War II era. In his State of the Union speech 7 and placed in a newly created Central Regretably our offers of cooperation weeks ago, the President stated that, Intelligence Agency. The National Se- were spurned. in his words, ‘‘the era of big govern- curity Council was created. But the day will surely come—in less ment is over.’’ When Congress sends I could go on. than a year, I believe—in which the this bill to his desk in the Oval Office, The point is that in the years after leadership will be there to engage in a we will see if the President truly the Second World War, our country was program of revitalizing the foreign af- meant what he said. FOREIGN RELATIONS AUTHORIZATION ACT FOR FISCAL YEARS 1996 AND 1997 [In fiscal years]

1995 1996 1996 1996 1996 1996 1997 1997 1997 International Affairs, Budget Function 150, Account Actual au- Request au- H.R. 1561 Approps. S. 908 au- Final con- H.R. 1561 S. 908 au- Final con- thority thority authority conferences thority ference authority thority ference

Administration of Foreign Affairs: Transition Fund ...... 125,000 ...... 100,000 ...... Diplomatic and Consular Programs ...... 1,748,000 1,758,438 1,728,797 1,719,220 1,688,500 1,719,220 1,656,903 1,612,000 1,710,000 Salaries and Expenses ...... 383,972 374,350 366,276 365,146 368,000 365,146 335,287 373,000 357,000 Capital Investment Fund ...... 0 32,800 20,000 16,400 32,800 16,400 20,000 32,800 16,400 Protection of Foreign Missions and Officials ...... 9,579 8,579 9,579 8,579 8,579 8,579 9,579 8,579 10,000 Emergencies in the Diplomatic and Consular Services ...... 6,500 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 Payment to the American Institute in Taiwan ...... 15,465 15,465 15,165 15,165 15,400 15,165 13,710 15,400 14,165 Buying Power Maintenance ...... (5,223) 0 0 0 ...... 0 0 ...... 0 Office of the Inspector General ...... 23,850 24,250 23,469 27,369 23,350 27,369 21,469 23,000 27,000 Security & Maintenance of U.S. Missions ...... 391,760 421,760 391,760 385,760 401,760 385,760 369,860 401,760 380,000 Representation Allowances ...... 4,780 4,800 4,780 4,500 4,500 4,500 4,780 4,500 4,500 Repatriation Loans Program Account ...... 776 776 776 776 776 776 776 770 776 Subtotal ...... 2,579,459 2,647,218 2,566,602 2,548,915 2,674,665 2,548,915 2,438,364 2,577,809 2,525,841

Assessed Contributions for Peacekeeping ...... 518,687 445,000 445,000 225,000 445,000 445,000 300,000 375,000 375,000 Subtotal ...... 518,687 445,000 445,000 225,000 445,000 445,000 300,000 375,000 375,000

International Conferences and Contingencies ...... 6,000 6,000 6,000 3,000 7,000 3,000 5,000 5,000 3,000 Subtotal ...... 6,000 6,000 6,000 3,000 7,000 3,000 5,000 5,000 3,000

Assessed Contributions to Internat’l Orgs ...... 872,661 923,057 873,505 700,000 777,000 850,000 828,388 777,000 840,000 Subtotal ...... 872,661 923,057 873,505 700,000 777,000 850,000 828,388 777,000 840,000

Payment to the Asia Foundation ...... 15,000 10,000 10,000 5,000 5,000 5,000 9,000 3,000 10,000 Subtotal ...... 15,000 10,000 10,000 5,000 5,000 5,000 9,000 3,000 10,000

Migration and Refugee Assistance: Refugee Assistance ...... 591,000 591,000 590,000 671,000 591,000 590,000 590,000 671,000 590,000 Refugees to Israel ...... 80,000 80,000 80,000 ...... 80,000 80,000 80,000 ...... 80,000 Burmese Refugees ...... 1,500 ...... 1,500 1,500 ...... 1,500 Subtotal ...... 671,000 671,000 671,500 671,000 671,000 671,500 671,500 671,000 671,000

International Narcotics Control ...... 105,000 213,000 213,000 115,000 ...... 115,000 213,000 ...... 213,000 Peace Corps ...... 231,345 234,000 219,745 205,000 ...... 210,000 215,000 ...... 234,000 Subtotal ...... 336,345 447,000 432,745 320,000 0 325,000 428,000 0 447,000 H2086 CONGRESSIONAL RECORD — HOUSE March 12, 1996 FOREIGN RELATIONS AUTHORIZATION ACT FOR FISCAL YEARS 1996 AND 1997—Continued [In fiscal years]

1995 1996 1996 1996 1996 1996 1997 1997 1997 International Affairs, Budget Function 150, Account Actual au- Request au- H.R. 1561 Approps. S. 908 au- Final con- H.R. 1561 S. 908 au- Final con- thority thority authority conferences thority ference authority thority ference

Arms Control and Disarmament Agency: Core programs ...... 40,878 45,300 44,000 35,700 22,700 35,700 39,500 0 30,000 Chemical Weapons Convention (CWC) ...... 9,500 17,000 0 ...... Cobra Dane Radar ...... 14,000 0 ...... Subtotal ...... 50,378 76,300 44,000 35,700 22,700 35,700 39,500 0 30,000 U.S. Information Agency: Board for International Broadcasting ...... 229,735 0 0 ...... 0 ...... BIB—Grants and Expenses ...... 7,290 0 0 ...... 0 ...... Salaries and Expenses ...... 475,645 496,002 445,645 445,645 429,000 445,645 402,080 387,000 440,000 Technology Fund ...... 0 10,100 5,050 5,050 10,100 5,050 5,050 9,500 5,050 East-West Center ...... 24,500 20,000 15,000 11,750 20,000 11,750 8,000 8,000 11,750 North-South Center ...... 4,000 1,000 4,000 2,000 ...... 2,000 3,000 ...... 3,000 Radio Construction ...... 69,314 85,919 70,164 40,000 83,000 40,000 52,647 79,500 35,000 International Broadcasting Operations ...... 238,338 395,340 311,191 325,191 310,000 325,191 246,191 300,000 330,000 Broadcasting to Cuba ...... 24,809 0 24,809 24,809 ...... 24,809 24,809 ...... 24,809 RFE/RL ...... 75,000 ...... 75,000 ...... Israeli Relay Station ...... (2,000) ...... Subtotal ...... 1,071,631 1,008,361 875,859 854,445 927,100 854,445 741,777 859,000 849,609 Educational & Cultural Exchange Programs: Fulbright ...... 135,753 130,799 112,484 200,000 109,500 102,500 88,681 101,000 98,000 S. Pacific Exchanges ...... 900 0 900 ...... 900 ...... East Timorese Scholarships ...... 0 0 800 ...... 800 ...... Cambodian Scholarships ...... 0 0 141 ...... 141 ...... Tibetan Exchanges ...... 0 0 500 ...... 500 ...... Other Programs ...... 177,352 121,877 77,266 ...... 118,322 97,500 57,341 107,300 85,000 Unspecified cuts ...... (40,726) ...... Subtotal ...... 273,279 252,676 192,091 200,000 227,822 200,000 148,363 208,300 183,000 National Endowment for Democracy ...... 34,000 34,000 34,000 30,000 32,000 32,000 32,000 29,000 30,000 Radio Free Asia ...... 5,000 0 10,000 (5,000) ...... 10,000 10,000 ...... 10,000 Eisenhower Exchange Fellowship Prog. Trust Fund ...... 2,800 300 ...... 300 ...... 0 ...... Office of the Inspector General ...... 4,300 4,593 4,300 State IG 4,100 State IG 3,870 3,900 State IG Subtotal ...... 46,100 38,393 48,300 25,300 36,100 42,000 45,870 32,900 40,000 Agency for International Development: USAID Operating Expenses ...... 515,500 529,000 465,774 465,750 432,000 465,000 419,196 389,000 465,000 Operating Expenses—USAID Inspector General ...... 39,118 39,118 35,206 30,200 35,000 30,200 30,685 31,500 27,000 Subtotal ...... 554,618 568,118 500,980 495,950 467,000 495,200 449,881 420,500 492,000 Housing Guarantee Program Account: Subsidy Appropriation ...... 19,300 16,760 0 4,000 ...... 4,000 0 ...... 0 Operating Expenses ...... 8,000 7,240 7,000 7,000 ...... 7,000 6,000 ...... 6,000 Subtotal ...... 27,300 24,000 7,000 11,000 0 11,000 6,000 0 6,000 Internat’l Relations Committee total ...... 7,022,458 7,117,623 6,673,582 6,095,310 6,260,387 6,486,760 6,111,643 5,929,509 6,472,950

Function 300 HIRC Jurisdiction State Department International Commissions: International Boundary Waters Comm. (S&E) ...... 12,858 13,858 13,858 12,058 12,500 12,058 19,372 12,300 19,372 International Boundary Waters Comm. (Constr) ...... 6,644 10,398 10,393 6,644 10,000 6,644 9,353 10,000 9,000 American Sections: IBC ...... 740 740 740 640 740 640 666 720 666 American Sections: IJC ...... 3,550 3,550 3,500 3,360 3,500 3,360 3,195 3,500 3,195 International Fisheries Commissions ...... 14,669 14,669 14,669 14,669 14,669 14,669 13,202 14,400 13,202 Subtotal ...... 38,461 43,215 43,160 37,371 41,409 37,371 45,788 40,920 45,435

HIRC bill total ...... 7,060,919 7,160,838 6,716,742 6,132,681 6,301,796 6,524,131 6,157,431 5,970,429 6,518,385

Mr. Speaker, I reserve the balance of Mr. GILMAN. Mr. Speaker, I think the changes will make operations more my time. what the gentleman meant, if we adopt efficient. Mr. HAMILTON. Mr. Speaker, I yield this, it would be the first State author- The report also cuts spending on our 3 minutes to the distinguished gen- ization bill to be adopted, foreign aid foreign aid programs too deeply. The tleman from Florida [Mr. HASTINGS]. authorization bill to be adopted since minimal amounts that we spend in the Mr. HASTINGS of Florida. Mr. 1985. first place reap benefits for us in ex- Speaker, I thank the ranking member Mr. HASTINGS of Florida. Reclaim- panded trade, better relations, a great- for yielding me this time. ing my time, that is not what he said. er sphere of influence, just to mention Mr. Speaker, I rise to express my op- I want it clearly understood there has a few things. But to cut back on our position to the conference report on not been an authorization bill for for- meager assistance is just plain short- H.R. 1561. eign aid since 1985, but that does not sighted. Before I point out what I believe to relate to this bill since the foreign aid This conference report is just an- be mistaken undertakings on behalf of authorization has been deleted from other example of this Congress our committee, I would like to point this measure. micromanaging foreign policy and pre- out that my friend, the gentleman venting the President from doing his from Florida [Mr. GOSS], who happens job. Foreign policy obviously is impor- b 1830 not to be on the floor at this time, tant. We cannot wish the world’s prob- made a statement earlier regarding I just wanted to point that out. I lems away. Instead of retreating, we this bill which is not correct. think that that will reflect accurately, must have the flexibility to get in- He stated that this would be the first and the gentleman from Florida [Mr. volved so that we can help those in State Department authorization bill GOSS] needs to be mindful of that. trouble and promote our own interests. since 1985. Our research shows that This report has a myriad of problems, The two goals are not incompatible, that simply is not accurate. There has as illustrated by the fact that not one but they will be unachievable if this re- been a State Department authorization Democrat on the conference committee port is passed. bill every year for the last 15 years au- supported the final product. The Presi- Mr. Speaker, I want to point out one thorized in 2-year increments. dent, as the chairman a moment ago more thing, and that is the provision Mr. GILMAN. Mr. Speaker, will the has pointed out, has promised to veto dealing with Taiwan. This simply is gentleman yield? it and correctly so. It reorganizes and not the right time to bring this kind of Mr. HASTINGS of Florida. I yield to eliminates foreign policy agencies be- provocative measure to the floor. The the gentleman from New York. cause of political concerns, not because fact of the matter is, Taiwan is getting March 12, 1996 CONGRESSIONAL RECORD — HOUSE H2087 ready to have an election and China is cut it. The other side must be willing Under the Constitution, the Presi- rumbling all over the place. For us to to give in on some issues. We have dent is empowered to conduct the U.S. deal with this kind of measure stops us given in on the population issue. We foreign policy. This bill hamstrings the from being able to take the kinds of have given in on foreign assistance pro- President in the exercise of that re- measures that are vitally necessary. visions. We have given in on eliminat- sponsibility. Mr. GILMAN. Mr. Speaker, I yield 30 ing three agencies to only one. In con- First, it abolishes an agency indis- seconds to the gentleman from New trast, I do not recall one single issue criminately. They do not tell us which Jersey [Mr. SMITH]. where the minority has compromised. agency. They do not say why. They do Mr. SMITH of New Jersey. Mr. I say this not out of malice but sim- not indict the agency for malfeasance Speaker, I would like to ask the gen- ply as a point of reference. I would or any other problems. They just say tleman what in the Taiwan Relations hope we could move forward. abolish an agency. It is not real re- Act does he object to? In the language This conference report contains a form. It is reform purely for the sake of passed duly by the Congress, it is the provision of particular significance saying we had reform. It does not make law of our land. What does the gen- which I alluded to earlier. It addresses any sense. tleman object to? the coercive population control poli- We cannot manage a foreign policy Mr. HASTINGS of Florida. Mr. cies employed by the Chinese Govern- by these kinds of arbitrary changes, Speaker, if the gentleman will yield, ment. moving boxes around without any the repudiation at this time would de- For over 1,000 days, a group of Chi- meaningful purpose. stabilize what we have done, I would nese men have been held in the York Second, is deep and unreasonable remind my friend. We have a long- County jail, which happens to be in my cuts. This budget, this program, will standing policy that this United States district. Their crime? These men fled hamstring the President in terms of his has, both Republican and Democrat, China in fear of China’s coercive abor- ability to retain qualified people. This toward China. What we will be doing is tion and sterilization policies. budget and the cuts they propose will increasing the risk at the time of Had these individuals fled China for result in RIF’s, layoffs, and the loss of heightened tensions. I am not opposed the United States during the years highly talented people. We cannot run to us talking about this, but I am talk- President Reagan and President Bush a foreign policy without qualified peo- ing about the timing. were in office, they would likely have ple. We have international responsibil- Mr. GILMAN. Mr. Speaker, I am been granted asylum in the United ities as a world leader. pleased to yield 3 minutes to the dis- States years ago. Under Presidents A couple of final very important tinguished chairman of the Committee Reagan and Bush, fear of repressive, points: This bill discourages burden on Economic and Educational Opportu- coercive population control policies, sharing. We found out through Desert nities, the gentleman from Pennsylva- which China clearly employs, was Storm that we need multilateral ac- nia [Mr. GOODLING]. grounds for asylum. Under Reagan- tion. But by discouraging and inhibit- (Mr. GOODLING asked and was given Bush, these individuals would likely ing U.S. participation in the United permission to revise and extend his re- have been set free, and the Federal marks.) Nations and other multilateral organi- Government is paying over $1 million zations, we discourage burden sharing, Mr. GOODLING. Mr. Speaker, I rise in taxpayer money each year to keep today in support of the conference re- because other countries will say, ‘‘If them locked up. the United States does not participate, port to H.R. 1561, the Foreign Relations Unfortunately, President Clinton if the United States does not pay its Authorization Act. changed the policy when he took office dues, then why should we? If the Unit- I would like to express my thanks to in the belief that fear of forced abor- ed States is trying to pull back on its Chairman BEN GILMAN and his staff for tion or sterilization does not merit financial commitment, why should we guiding this bill through rough waters asylum in this country. and rocky terrain. It has not been easy, H.R. 1561 would change U.S. law back commit when we are a much smaller and he and his staff have done an admi- to the Reagan-Bush policy that was the country?’’ rable job. law of the land for years and which It discourages burden sharing at a I would also like to thank Chairman hardly resulted in our Nation being time when we need to involve other CHRIS SMITH for all of his work con- overrun by hordes of asylum seekers. countries. cerning a provision I will discuss in a The House will next week consider Finally, it limits U.S. population as- moment concerning coercive popu- legislation to crack down on illegal im- sistance programs. One of the biggest lation control policies. migrants. I am the first to say that il- problems we will confront in the year Before I do so, however, I would like legal immigrants who have no grounds 2000 and beyond is the question of an to address some of the criticisms I have for asylum must be sent away. But it is exploding population. Under this bill, heard about this bill. We have before us wrong to make an example of these as many as 7 million couples will be de- today a bill that represents a genuine Chinese men and women who fear coer- nied the opportunity to get family compromise on some very difficult is- cive population policies. planning assistance. I am not advocat- sues. This provision is supported by the ing any kind of coercive abortions, but I certainly did not get everything I Family Research Council, and various I am saying people ought to be able to wanted in this bill. I thought my provi- churches. This provision is humane, get information and assistance to en- sion concerning U.N. voting coinciden- and most of all, it speaks well of Amer- gage in family planning. tal was worthy of support and inclusion ica and Americans. Mr. GILMAN. Mr. Speaker, I am in the conference report. Dozens of Mr. Speaker, I again want to thank pleased to yield 51⁄2 minutes to the gen- Members could say the same thing Chairman GILMAN and Chairman SMITH tleman from New Jersey [Mr. SMITH], a about many of their provisions that for their work on this bill and I urge senior member of our Committee on have been left behind. Chairman GIL- all Members to support this conference International Relations and the chair- MAN went so far to leave his provisions report. man of our Subcommittee on Inter- concerning microenterprise projects Mr. HAMILTON. Mr. Speaker, I yield national Operations and Human out of the bill. 2 minutes to the distinguished gen- Rights. But we all agreed to compromise in tleman from Maryland [Mr. WYNN]. Mr. SMITH of New Jersey. Mr. order to move the bill forward. That is Mr. WYNN. Mr. Speaker, I thank the Speaker, I thank my friend for yielding called governing. It is a product of the chairman for yielding me time. me time. democratic process. So when I hear Mr. Speaker, I rise to strongly oppose Mr. Speaker, I just want to advise people complain we have been unwill- this piece of legislation, the conference the body that the gentleman’s state- ing to give in, and when I learn the report. This is a bad bill. It is a bad bill ment a moment ago was entirely President has pledged a veto of this bill for several reasons. wrong. There is nothing authorizing or despite all of our efforts, I begin to First, we have to understand this is providing for population control funds wonder who is serious about governing. not foreign aid. This is a budget for the in this bill either way. It simply is si- This ‘‘my way or the highway’’ ap- State Department, USAID, our own lent on the issue. There is no foreign proach to Government is not going to agencies. aid in this bill. That was dropped at H2088 CONGRESSIONAL RECORD — HOUSE March 12, 1996 the insistence of the Democrats during The Migration and Refugee Assist- Latvia, or Lithuania who are Jews or evan- the House-Senate conference commit- ance provisions come under our sub- gelical Christians, as well as certain Southeast tee, and it would have led to a fili- committee. We, after hearings and Asians. (See section 1104 above.) The provi- buster beyond any doubt on the Senate hearing from all of the refugee commu- sion would also extend until October 1, 1997, side had we insisted that be in there. nity, have decided that it was very im- the Attorney General's ability to adjust the sta- So it was dropped. It is not there. portant that we hold harmless the refu- tus of aliens who are nationals of an inde- Mr. Speaker, I would like to address gee budget. The world is awash with pendent state of the former Soviet Union, Es- some of my remarks this evening to refugees. We have to at least provide, I tonia, Latvia, Lithuania, Vietnam, Laos, or my Democratic colleagues, because, think, this modest amount of money to Cambodia and were granted parole into the frankly, I am astonished again by some provide for them. There is $671 million United States after August 14, 1988, to the of the disinformation going on about in each of the fiscal years for refugee status of aliens lawfully admitted for perma- what is in the bill or not in the bill. programs, $500,000 higher than the ad- nent residence. I am also a little bit hurt by the sug- ministration’s 1996 request, and sub- SECTION 1253, U.S. POLICY REGARDING THE gestion this was not a bipartisan bill. stantially higher than the estimates INVOLUNTARY RETURN OF REFUGEES The budget savings in the consolida- that the administration’s requests The House-passed provision would have tion provisions are there, but they were based on for 1997. So we held those provided that no funds authorized by this act have been modified. There has been refugee assistance accounts harmless. be used for the involuntary return of any per- compromise with a capital ‘‘C’’ with re- There is also allocation of funds for son to a country in which he or she has a gards to this bill to meet what we certain Burmese refugees and for the well-founded fear of persecution. This provi- thought were the administration’s ob- resettlement of refugees to Israel. They sion has been modified to meet DOS con- jections. But the goal posts keep mov- are carried over from the prior year. cerns. The conference provision omits the pro- ing back. We have also authorized such funds hibition against using DOS funds to assist or Let me speak primarily, however, to that are necessary for the resettlement promote such returnsÐto meet the argument the human rights provisions which we of certain Southeast Asia refugees in that the House-passed provision might have have worked very, very hard in my the high risk categories identified by been violated if a DOS official made a phone Subcommittee on International Oper- the Lautenberg amendment, primarily call. Also, the provision is now limited to refu- ations and Human Rights and in the those that served with the United gee accounts, not all DOS accounts. The ef- full committee with the leadership of States forces in the former government fect of this provision, therefore, is to provide the gentleman from New York [Mr. of South Vietnam, religious refugees that funds for refugee protection may not be GILMAN]. and members of the Hmong ethnic mi- used to forcibly repatriate people unless it has Opposition to the violation of fun- nority from Laos. been determined that they are not refugees. damental human rights is not a par- Subsection 1104(b) prohibits expendi- SECTION 1255, PERSECUTION FOR RESISTANCE TO tisan issue, and this bill contains tures on programs involving repatri- COERCIVE POPULATION CONTROL METHODS stronger human rights provisions than ation to Vietnam, to Laos or Cam- This section would provide that forced abor- any previous foreign relations author- bodia, unless the remaining asylum tion, forced sterilization, or persecution for re- ization act that I have seen on this seekers have been or will be inter- sistance to such measures are persecution on floor during my 16 years as a Member viewed by United States immigration account of political opinion within the meaning of this House. Frankly, they were even officers, and unless resettlement offers of the refugee definition in the Immigration and stronger when the bill passed the have been made or will be made to Nationality Act. It would effectively reinstate House, but we had to moderate some of those found to be refugees under Unit- the prior interpretation of the law, which was them and we dropped others to meet ed States law. reversed by an INS order on August 5, 1994. the objections of the administration. This provision was modified in con- SEC. 1256, U.S. POLICY WITH RESPECT TO THE INVOLUN- I am very pleased that the Humani- ference to make it clear that the refu- TARY RETURN OF PERSONS SUBJECTED TO TORTURE tarian Corridors Act is in this report. I gee status interviews can, under cer- This section would prohibit the use of funds offered that bill as a freestanding bill tain circumstances, be held in the asy- authorized by this act in the involuntary return and as an amendment to the bill when lum seeker’s country of origin. This is of any person to a place in which he or she it came up. It seems to me a very mod- to accommodate the administration’s is in serious danger of subjection to torture. est proposal to say that those coun- so-called Track Two plan for inter- This provision has been substantially modified tries that receive U.S. foreign assist- views in Vietnam. This plan will only to meet DOS concerns. The section now spe- ance cannot impede or inhibit or pro- work if we can somehow guarantee the cifically subjects the definition of torture to all scribe the transiting of humanitarian safety of the asylum seekers during the reservations, understandings, etc., adopted by aid to another country. interview process. We are not there the United States when it ratified the Conven- I speak, of course, to Turkey and the yet, but this provision, which did pass tion Against Torture. The conference also fact they have disallowed humani- the House 266 to 156 in a broad biparti- eliminated the assist or promote language to tarian assistance to Armenia. It is im- san vote, will help us with those boat which DOS objected. (See section 1254 portant if we have relations and pro- people, so that we close out the com- above.) vide foreign aid that we say to our al- prehensive plan of action with honor SEC. 1304, RESPONSIBILITIES OF BUREAU CHARGED WITH lies, allow these medicines and other and kindness, and not cruelty. REFUGEES kinds of assistance to get to our friends The section on the Cuban immigra- The House-passed provision would have es- in Armenia. tion policies, and this is I think very tablished. This provision would have estab- There is also the McBride Principles timely, Mr. Chairman, this would re- lished a coordinator for human rights and refu- championed by our good and distin- quire periodic reports on the Cuban gees within the Office of the Secretary of guished chairman, the gentleman from Government’s methods of enforcing its State. It would also have established a statu- New York [Mr. GILMAN]. That is in 1994 and 1995 anti-immigration agree- tory bureau of Refugee and Migration assist- here. I just notice and would say par- ments with the United States, and on ance. Under the House provision, the coordi- enthetically, Mr. Clinton just got the the treatment of persons returned by nator for human rights and refugees would su- Irishman-of-the-Year award. He should the United States to Cuba. pervise the Bureau of Refugee and Migration not veto this bill. This will be the first SECTION 1252, EXTENSION OF CERTAIN ADJUDICATION Assistance and the Bureau of Democracy, time we codify the McBride Principles PROVISIONS Human Rights, and Labor, and would report that many of us have talked about. Mr. Speaker, this section extends the Lau- directly to the Secretary of State. The con- Now we are going to do something tenberg amendment, which identifies certain ference substantially modified this provision to about it in this legislation. high-risk refugee categories and provides that meet DOS concerns. The Department had ar- There is also an authority to provide applicants in these categories are presumed gued that human rights and refugee protection the Special Envoy to Tibet. It is not to be refugees if they assert both a fear of are distinct functions requiring two separate mandatory. I think it is a step forward persecution and a credible basis for their fear bureaus, and also that the institution of a co- in the right direction, so that human of persecution. The high-risk categories in- ordinator who reported to the Secretary rather rights can be further recognized in that clude nationals or residents of an independent than an Undersecretary might have the unin- very troubled region of the world. state of the former Soviet Union or Estonia, tended effect of isolating these bureaus. The March 12, 1996 CONGRESSIONAL RECORD — HOUSE H2089 conference therefore modified the provision to Now, by not addressing the problems back to 1987. Here we do not know specify only that the bureau with responsibility created in the foreign ops appropria- where the next nickel is coming from, for refugee and migration and refugee assist- tions bill, we are going to cut back and we have a foreign aid pipeline that ance be independent of the bureau charged population assistance funds, family has money in it since 1987. That is with responsibility for population policy. The planning. As the gentleman from Mary- nearly a decade. department can, of course, still maintain a land [Mr. WYNN] said, 7 million couples These funds are sitting there waiting population office in another bureau, as it did in the world in developing countries for some foreign aid bureaucrat to prior to 1993. The present provision is de- will not have any access to family dream up some way of spending the signed to reinforce the principle that refugees planning information. People will money. In 1991 the General Accounting are linked primarily to human rights problems, starve in Africa because of this, and Office did an investigation of the for- not demographic problems. unwanted babies will be born. eign aid pipeline, and here it is. This is Related human rights issues: Now, let us talk about foreign policy. what we are talking about. They con- SEC. 1102(E), LIMITATION ON FUNDING FOR UNDP I almost feel that I am in a time warp cluded that these funds remaining PROGRAMS IN BURMA going back to 1919 when they were vot- should not be remaining for more than Reduces funding to the UNDP in each fiscal ing to get out of the League of Nations 2 years. They ought to be deauthorized eyar by the estimated cost of UNDP projects here. Mr. Speaker, we are slipping into after 2 years because it is an open invi- in and for Burma, unless the President cer- isolationism, if there ever was one. tation to waste, fraud, and abuse if we tifies that all such projects are directed toward There are more provisions in this bill do not do that. the needs of the poor; are conducted through that will stymie the President from For 5 years I have sponsored legisla- international or private voluntary organizations having and operating foreign policy, tion to cut off the pipeline. This House independent of the SLORC; do not benefit the and we cannot operate with 435 Sec- passed that pipeline twice. Today it is SLORC; and are endorsed by the democratic retaries of State here. incorporated into this bill, and I thank leadership of the Burmese people. We cannot micromanage foreign pol- the conferees and the chairman of the SEC. 1408, CONDUCT OF CERTAIN EXCHANGE PROGRAMS icy. This was not done by this body Committee on International Relations This section requires that exchanges with during the Bush administration. It was for having the foresight and the intes- countries whose people do not enjoy freedom not done by this body in the Reagan tinal fortitude to move forward with and democracy be carried out in cooperation administration. It is wrong, and we this plan. with human rights and pro-democracy leaders should kill this bill. This provision alone will save nearly in these countries. The administration suc- Mr. GILMAN. Mr. Speaker, I yield a half a billion dollars to our tax- cessfully argued for the deletion of language myself 30 seconds. payers. That has been sitting around in that would have extended eligibility for schol- Mr. Speaker, I would like to point the pipeline, in this slush fund, for al- arships and exchanges in such countriesÐin- out that we do allow the housing pro- most 10 years. This reform is long over- cluding China, Viet Nam, Cambodia, Laos, gram in South Africa. We have not due, and today the House has a chance and East TimorÐto exiles from these coun- eliminated it. Apparently, the gen- to do something about it. I say thank tries. tleman has some misinformation. God. Let us put a halt to this foreign Mr. JOHNSTON of Florida. Mr. SEC. 1410, EDUCATIONAL AND CULTURAL EXCHANGES aid pipeline. FOR TIBETANS AND BURMESE Speaker, if the gentleman would yield Second is the termination to some This section carries over a provision of prior so that I may respond, the gentleman’s degree of the AID Housing Guarantee law to require that exiles from these countries bill has not eliminated what is in Program, and we are quoting from the be eligible for scholarships and exchange pro- progress right now; but has eliminated GAO report on the housing guarantee grams. In the absence of this provision, exiles any future allocations to the housing program. Now, the gentleman from would be excluded from eligibility for such pro- project. Florida [Mr. JOHNSTON], my good grams, and the selection process would nec- Mr. GILMAN. Mr. Speaker, reclaim- friend, was talking about this in the essarily be conducted in cooperation with the ing my time, no, that is not correct. well of the House. I think the reason regimes that rule Burma and Tibet. ‘‘The provisions of this subsection shall that he got it wrong, Mr. Speaker, and not apply to guarantees which have that is not his fault, is that the White SEC. 1611, REPORTS TO CONGRESS ON BOSNIA AND HERZEGOVINA been issued for the benefit of the Re- House the other day said that they This section requires periodic reports on public of South Africa,’’ and I am were going to veto some bill because it human rights protection under the Dayton quoting from the bill itself. cut out all the money for South Africa. 1 agreement, the status of refugees, and the Mr. Speaker, I yield 2 ⁄2 minutes to The truth of it is that South Africa has treatment of the Albanian ethnic majority in the gentleman from Wisconsin [Mr. been exempted, as the chairman of the Serb-held Kosova. ROTH], the distinguished chairman of committee has quoted from the bill it- Mr. Speaker, we have heard about how this our Subcommittee on Economic Policy self. bill is pro-fiscal responsibility. It is also pro- and Trade. This is a loan guarantee program human rights. I urge a ``yes'' vote on the con- Mr. ROTH. Mr. Speaker, I com- now where the American taxpayer ference report. pliment the chairman of our Commit- cosigns for loans around the world. One Mr. HAMILTON. Mr. Speaker, I yield tee on International Relations and all hundred percent guarantees. Listen to 2 minutes to the distinguished gen- the conferees for the excellent work on this: 100 percent guarantees. We do not tleman from Florida [Mr. JOHNSTON]. this bill. I think what has been lost do that for our own people, but we are Mr. JOHNSTON of Florida. Mr. sight of here today is that this bill is doing it all over the world. Speaker, I address this bill on two lev- really a reform bill. We have included But what really aggravates a number els: No. 1, my interest in Africa; and, in this legislation, for example, two of us is that when a borrower defaults No. 2, just general foreign policy. provisions that every Member of this anywhere in the world, the American House should support and can support. taxpayer pays off the loan without b 1845 The first of these provisions will at question. We do not do that for our own First, the bill cuts back the develop- long last curtail the foreign aid pipe- home buyers here in the United States, ment funds for Africa. There is $800 line. When I bring up these issues, this yet we are doing it all over the world. million for 600 million people, and now is not something that we have taken In my subcommittee we conducted a that is gone. out of the paper. This is our GAO ac- 2-year bipartisan investigation of this Next, the bill does not want to send counting office which has made a rec- plan, and here is what we found. The peacekeeping forces to Africa, and we ommendation to us, and this is where GAO also found this, and right here it saw 400,000 people die in Rwanda be- we are getting the initiatives for this is. They found unbelievable losses cause of that. Next, in spite of what particular legislation. caused by incompetence, waste, and the gentleman said, and I am sure the For example, how many of our col- fraud. gentleman from Wisconsin [Mr. ROTH] leagues know that AID has a huge Here is the bottom line. We have will address this, too, the housing de- backlog of funds, some $8.5 billion at some $2.7 billion in guarantees. The velopment funds are not there for fu- last count? These funds are left over United States has already lost $542 mil- ture operations in South Africa. from previous years going all the way lion to cover the bad loans in 23 other H2090 CONGRESSIONAL RECORD — HOUSE March 12, 1996 countries, foreign countries. What is isolation and retrenchment. I do not mulate, negotiate, and verify arms control, and worse, GAO estimates right here in believe that that is a compromise in nonproliferation policies and agreements. this report to our Congress that we are any case that we can or should accept. Now is the time to retain ACDA and to let going to be losing another $500 million, Effective foreign policy should rep- it build on its past successes. I urge a vote half a billion dollars, just on these ex- resent the pursuit of enlightened self- against this conference report. isting loans. interest. And certainly one of the most Mr. GILMAN. Mr. Speaker, I yield 4 What does that mean? It means we pressing interests in American foreign minutes to the gentleman from Ne- are losing about a billion dollars. What policy right now is controlling the braska [Mr. BEREUTER], a senior mem- this means is that we have a billion- spread of weapons of mass destruction. ber of our Committee on International dollar loss here on $2.7 billion in guar- This becomes all the more important Relations and the distinguished chair- antees. That is a 40-percent loss that as regional and ethnic conflicts con- man of our Subcommittee on Asia and the American taxpayer is picking up tinue to explode across the planet. the Pacific. for home loans around the world. Today more than ever before it is in (Mr. BEREUTER asked and was This bill ends the program and im- our critical self-interest to maintain given permission to revise and extend poses tough penalties on foreign gov- an independent agency that advocates, his remarks.) ernments which would default on these negotiates, implements, and verifies ef- Mr. BEREUTER. Mr. Speaker, this loans. This is a provision which my fective arms control agreements and Member rises in support for the con- subcommittee originated. It will stop those connected with nonproliferation ference report on H.R. 1561. As vice the losses and collect the money that disarmament policies generally. That chairman of the Committee on Inter- is owed to us. agency is the Arms Control and Disar- national Relations, this Member has I cannot see why this Congress would mament Agency. We will do this coun- worked over a period of some months want to continue to spend hundreds of try a great disservice if we sacrifice it with his colleagues to craft this con- billions of dollars that we know will go under the wrong-headed choices that ference report; however, no one has into waste, fraud, and abuse. We should are required under this bill. worked harder than the distinguished not, and therefore we should vote for Mr. Speaker, because of its independent gentleman from New York, Chairman this conference report. status, ACDA brings to the policy table an ex- GILMAN, who has skillfully navigated a Mr. HAMILTON. Mr. Speaker, I yield pert and undiluted arms control viewpoint. difficult process to produce this legis- 3 minutes to the gentleman from Colo- Often, this viewpoint differs from the State De- lation. rado [Mr. SKAGGS]. partment's perspective, which cannot focus There are many important provisions Mr. SKAGGS. Mr. Speaker, when this solely or primarily on arms control issues. This in this conference report, many of bill came before the House last spring, is why ACDA was created and that is why which my colleagues will discuss. This it was titled then ‘‘The American Over- ACDA has continued to prove its worth to U.S. Member will discuss only a few key seas Interest Act.’’ At the time I voted national security over the years. provisions. against the bill, and I will have to vote This bill would probably eliminate ACDA's First, it should be remembered that against this conference report. A better independent voice on arms control. By pre- many of the Members elected to the title then, as now, would have been sumably submerging some vestige of ACDA in 104th Congress came to this body with ‘‘The American Leadership Reduction the State Department, direct access to the a strong commitment to reduce gov- and Avoidance Act.’’ President, the National Security Adviser, and ernment and eliminate unnecessary The House-passed bill sought to force the Secretary of State on arms control issues, agencies. Attempt have been made, and a reduction in American leadership in now authorized to the Director of ACDA, overall spending has been reduced the world. It cut funding below levels would be gone, along with direct ACDA partici- somewhat, but all sizable Federal agen- needed to conduct foreign policy effec- pation in the interagency policymaking process cies thus far have seemed impervious tively. It placed severe limitations on where significant arms control and non- to elimination. population assistance programs and proliferation decisions are made. But with this conference report, Mr. was riddled with policy directives de- The supporters of the bill claim that ACDA Speaker, the Congress will be consoli- signed to restrict the President’s abil- is a cold-war relic that's no longer relevant. dating and eliminating agencies. It is ity to conduct foreign policy. This claim shows them to be out of touch with true that the President is given the Just as bad, the bill included provi- the realities of the foreign policy environment discretion to decide which of three sions to eliminate the U.S. Information we face. Given the threat of a revival of Rus- agencies—AID, USIA, or ACDA—would Agency, the Agency for International sian nationalism and military expansion, and be folded into the State Department, Development, and the Arms Control the new dangers of the post-cold-war world, but the net effect would be to elimi- and Disarmament Agency. ACDA is a relic today only if weapons of mass nate at least one unnecessary and du- I had hoped the conferees might fix destruction are a rumor and the threats of pro- plicative agency. Each Member of this the bill’s defects enough so I could sup- liferation are a myth. body who votes for this legislation will port the conference report. Unfortu- The authors of H.R. 1561 claim that it would be able to return to their district and nately, that has not happened. The save money by eliminating an independent point to the elimination of at least one conference agreements funding provi- ACDA. In fact, according to the Congressional agency while preserving those impor- sions are no better than those in the Research Service, it will cost $10 million to tant functions now performed by original House version. It still contains eliminate ACDA. ACDA, USIA, or AID. devastating restrictions on population ACDA's basic annual budget is $50 million. And, this Member would tell his col- assistance, and there remain a variety According to the U.S. Strategic Command, ex- leagues on the other side of the aisle of attempts to micromanage foreign isting strategic arms treaties save about $100 that the conference report’s plan to re- policy at the expense of necessary billion a year. Since these treaties took about duce agencies is wholly in keeping with Presidential prerogative. a decade to negotiate, you could argue that Secretary of State Christopher’s initial And with respect to the elimination there's a payoff of 200 to 1 from ACDA. That proposals to overhaul the U.S. foreign of the three agencies, the only dif- argument may be a bit of a reach, but I sus- policy apparatus—a plan that regret- ference is that it contains a waiver now pect that the impact of this ill-conceived legis- tably fell by the wayside early in this which gives the President the right to lation may well be the reverseÐone bill and administration. pick the victim and to protect any two 200 new problems caused by the disruption, Another major accomplishment of agencies he chooses from elimination. dislocation, and crippling reductions contained H.R. 1561 is the elimination of the Some may argue that this is an accept- in this bill. Housing Guarantee Program as it oper- able compromise because the President The compromise in this conference agree- ates in most countries. This program, will be able to save USIA and AID, ment to sacrifice ACDA alone comes at ex- which was created to guarantee loans agencies that have the broadest man- actly the wrong momentÐas the U.S. Govern- made by U.S. investors to support shel- dates and constituencies. ment is pursuing the biggest and broadest ter-related projects in developing coun- The assumption is that only the arms control and nonproliferation agenda in tries, has evolved into a terribly ineffi- Arms Control and Disarmament Agen- history. Now is not the time to be dismantling cient and badly mismanaged fiasco cy will be sacrificed to the forces of the one agency whose sole mandate is to for- that is losing tens of millions of dollars March 12, 1996 CONGRESSIONAL RECORD — HOUSE H2091 annually. Indeed, a recent study by the ciples and the provision in H.R. 1561 ing this time to me. I thank him for his General Accounting Office estimates that embodies the MacBride Principles. consistent leadership in opposition to that the Housing Guarantee Program Regrettably, the provision dealing with this bill. may end up costing the United States the MacBride Principles is one of the Mr. Speaker, as my colleagues know, $1 billion in loan default and other only positive portions of this terribly we are at a crossroads in world history, costs. It is a program that deserves to flawed bill. As a result, I will not be really, and we find ourselves with tre- die, Mr. Speaker, and enactment of this able to cast my vote in support of H.R. mendous responsibility on our shoul- conference report would terminate it in 1561. ders. The whole rest of the world looks most areas. The MacBride Principles consist of to us as the single superpower to lead Yet another major foreign policy nine fair employment principles. They them to a safer, to a fairer, a more concern drafted by this Member and by are a code of conduct for United States prosperous world, and a world that re- the H.R. 1561 conference report is companies doing business in Northern flects our principles of democracy, of aimed at ensuring that the Congress Ireland, and they call for nondiscrim- freedom of expression, of freedom of re- retains some measure of responsibility inatory United States investment in ligion, of respect for human rights, and for our relations with North Korea. Mr. Northern Ireland. three principal instruments that we Speaker, in its haste to ensure that I strongly support greater account- have available to use to achieve these North Korea receives assistance in the ability of organizations receiving Unit- objectives are the Agency for Inter- construction of lightwater nuclear re- ed States assistance in Ireland, and I national Development, U.S. Informa- actors, this administration has effec- have demanded that these organiza- tion Agency, and the Arms Control and tively bypassed the normal congres- tions comply with the MacBride Prin- Disarmament Agency. sional review of foreign assistance. ciples. During consideration of the For- The Agency for International Devel- This legislation ensures that future eign Operations Appropriations Act for opment has, in fact, developed quite a funds for North Korea for this particu- fiscal year 1996, I offered an amend- pool of unspent money, as was cited larly effort receive proper congres- ment that urged all organizations re- earlier, but they have done that be- sional scrutiny. This legislation also ceiving funding from the International cause they also want to use that agen- ensures that further progress in United Fund for Ireland to comply with the cy for leverage, to get recipients to re- States-North Korean relations are also MacBride Principles. My amendment spect human rights, to respect the dependent upon progress in the North- was included in the final version of the democratic process, to develop eco- South dialog, progress on the final ac- bill that was signed into law by Presi- nomically without exploiting the peo- counting for American MIA’s in the dent Clinton earlier this year. ple. They Agency for International De- Korean war, and cessation of North Ko- Recipients of United States aid must velopment, in fact, generates far more rea’s proliferation of ballistic missiles not be allowed to violate the human profit revenue for American firms than and support for international terror- rights—including religious freedoms— we would ever invest in AID. What ism. This is an important policy mes- of Catholics living in Northern Ireland. they are doing is developing the pur- sage that this body needs to deliver. I offered my language on the MacBride chasing capability, particularly in Last, Mr. Speaker, this Member Principles in the Foreign Operations Third World countries, that present would point to the resolution of long- bill out of deep concern for continued market opportunities for American standing claims, against frozen Iraqi religious discrimination in Northern firms. They are streamlined, they are assets. The H.R. 1561 conference report Ireland. But now, the MacBride Prin- focused, they are a good agency. ensures that American exporters and ciples provision in this bill is being The U.S. Information Agency rep- financial institutions with legitimate held hostage by the other unacceptable resents the opportunity to spread claims against the Government of Iraq provisions of H.R. 1561. truth, which oftentimes is that it for commercial activities initiated be- The administration has said it will makes the difference between genocide fore the conflict will receive compensa- veto this bill, and I will vote against it. and peaceful resolution of problems. tion out of Iraqi assets held since the H.R. 1561 does not eliminate all of the We need more truth, unbiased truth. If Persian Gulf war. The result is that, restrictions placed on international we had more of it in Bosnia or in after almost 6 years of arbitrary deci- family planning assistance in the For- Rwanda, we might well not have had sions, arrogance, and intransigence by eign Operations Appropriations Act. the genocide that happened. We need to the State Department’s Office of For- These harmful provisions will severely be putting more investment in the U.S. eign Assets Control, these outstanding impact women and children in develop- Information Agency because it de- claims will be resolved. This is a mat- ing nations. In fact, a study released serves credibility, and at a time when ter of basic fairness, Mr. Speaker, but last week by several populations assist- we see the proliferation of nuclear these are also important pro-growth, ance groups estimates that the de- weapons and chemicals, biological pro-trade provisions. It also should be crease in international family planning noted that these provisions are not weapons of mass destruction, why funds will result in an increase of more mentioned as one of the President’s would we ever think of cutting back on listed objections to this legislation. than 1.5 million abortions worldwide. the Arms Control and Disarmament Finally, Mr. Speaker, this Member The bill also forces the administration to Agency? would urge his colleagues to support consolidate or eliminate several critically im- So if we want a safer, a more produc- the conference report on H.R. 1561. portant foreign affairs agencies: it undercuts tive, a fairer world that reflects our There are certainly some provisions in the United States ability to maintain its inter- principles of democracy and freedom of this legislation, like some of the south- ests overseas, and it negatively impacts the expression, then we want to vote east Asia refugee provisions and the U.S. leadership role in the United Nations by against this bill, and, if anything, we Tibet Envoy, which this Member can- providing inadequate levels of funding and re- want to strengthen these three agen- not support. However, legislation is quiring unworkable notification requirements. cies. subject to necessary compromises and Mr. Speaker, the MacBride Principles should This is not a good bill; this is an iso- it is important that the Congress at- be a cornerstone of United States foreign pol- lationist bill. We ought to be moving tempt to pass this authorization legis- icy in Northern Ireland. That is why I strongly forward and accepting the mantle of lation. support efforts to tie U.S. assistance to these leadership that is thrust upon us now. Mr. HAMILTON. Mr. Speaker, I yield Principles. However, H.R. 1561 is a bad bill. I It is a great opportunity. Let us not 2 minutes to the distinguished gentle- would hope that when President Clinton ve- miss it. Mr. GILCHREST. Mr. Speaker, I woman from New York [Mrs. LOWEY]. toes H.R. 1561Ðas he has promised to doÐ (Mrs. LOWEY asked and was given we can pass the MacBride Principles as an yield 11⁄2 minutes to the gentleman permission to revise and extend her re- independent piece of legislation. from New Jersey [Mr. SMITH]. marks.) Mr. HAMILTON. Mr. Speaker, I yield Mr. SMITH of New Jersey. Mr. 3 minutes to the distinguished gen- Speaker, I just hope my colleagues, b 1900 tleman from Virginia [Mr. MORAN]. particularly those who may be listen- Mrs. LOWEY. Mr. Speaker, I rise in Mr. MORAN. Mr. Speaker, I thank ing to this debate back in their offices, strong support of the MacBride Prin- the gentleman from Indiana for yield- are very clear that there is nothing in H2092 CONGRESSIONAL RECORD — HOUSE March 12, 1996 this bill that authorizes population the sand and being isolationist. We the aisle, that they would suggest that control funding. There is no policy cannot have it both ways, and this we are pulling back and being isola- guidance either way. The Mexico City clearly, in reducing the level of aid, in tionist by some of the reforms of the policy is not in here. I wish it had been, reducing the importance of foreign af- cold war institutions and suggesting but it is not, and I would like to ask fairs and foreign involvement, we are that the United States’ leadership in my friends on the Democratic side, per- truly going back to the days when the the world is dependent upon having the haps the gentleman from Indiana [Mr. United States was an isolationist coun- United States Information Agency, and HAMILTON], if he can just clarify so try. I do not think that is the direction AID and ACDA when our real tools for that everyone knows, when the Demo- in which we ought to go. leadership in the world and the reason cratic substitute was offered in the Family planning; it pulls back in the United States is the leading coun- conference committee, did it have lan- family planning as well. The country try of the world is a strong, vibrant, guage in it dealing with the population programs; it pulls back as well there. growing economy, a strong military issue, did it authorize population or It seems to me that we spent so much apparatus and standing for principles, not? money in the era of the cold war. We principles of freedom, and justice, and My understanding was it simply did won that cold war. We beat the Soviet liberty, and those are the things that not have section C, which is exactly Union. The Soviet Union and the East- give the United States leadership. It is what the conference report of the gen- ern bloc countries crumbled. Did we not bureaucracies, and there are fine tleman from New York [Mr. GILMAN] spend billions and billions and billions people that are in these agencies, and does not have, so that there is no au- of dollars on an arms race only to they work hard, and they do a good job. thorization, population is not ad- throw it all away? Now that we have But the truth of the matter is we are vanced, it is not pushed backwards. It won? To say that we do not want to broke. We are $5 trillion in the hole, is simply not in this bill. stay engaged in the world? To say that and the American people are far more Mr. BERMAN. Mr. Speaker, will the we want to retrench and pull back? concerned about health care for our The American public believes that gentleman yield? children than they are about a foreign foreign aid is about 15 percent of our Mr. SMITH of New Jersey. I yield to aid bureaucracy, and we should be far budget when in reality it is less than 1 the gentleman from California. more concerned about Medicare than percent of our budget, and in my opin- Mr. BERMAN. The gentleman is cor- about foreign aid, and that is what this ion that is certainly not enough if we rect in that this bill does not deal with is about. This is about making tough want to say that we are the leaders of a number of the foreign aid issues. decisions during times of tight budgets. the world, and we are. Nobody anointed But where the gentleman is wrong is I think this is a good bill in doing us and said that we were the leaders. this was an opportunity to get rid of that, in changing the apparatuses. I We choose to be the leaders, as well we the harsh and unfair restrictions on think it should have eliminated the the existing program. should. I believe with leadership comes re- three international affairs agencies Mr. SMITH of New Jersey. Let me that were involved. But they com- make it very clear, Mr. Speaker. I of- sponsibility. I believe that, if we want to ensure that the fledgling democ- promised and went to one of the three fered during the time that we were in and told the executive branch, ‘‘You the conference committee, and this racies in this world continue to prosper and grow, then we have got to provide decide in working with this of what really fleshed out where some people, the help, we have got to provide the you think works best in your foreign particularly on the proabortion side, is aid, especially with the developing policy decisions that you have.’’ That on family planning. We would be more countries. A little bit of aid goes such seems prudent to me. They cut the op- than happy to life any percentage re- a long, long way. erating budget of the State Depart- striction on population provided it has But what are we telling the world ment and related agencies by $1.3 bil- the very principled Mexico City policy with this? We are saying that we want lion, and in a time of tight budgets, that says no organization that per- to step backwards into the era of isola- when we are trying to increase health forms abortions except for rape, incest tionism. care for our children in this country, or life of the mother gets money. Now we have problems with the U.N. when we are trying to balance our own Mr. HAMILTON. Mr. Speaker, I yield The U.N. has not always been an ideal budget so we can have a strong econ- 3 minutes to the distinguished gen- or done what we like it to do, but I omy, a strong military and stand for tleman from New York [Mr. ENGEL]. would think that the world would be a principle, those seem to me to be pru- Mr. ENGEL. Mr. Speaker, I rise in lot worse if we did not have a U.N., and dent and wise things to do. It reduces opposition to this bill. I might say that here we are retrenching even there. the program budgets of the State De- the bill is better than the original bill So let me just say, if I may conclude partment and related agencies by $500 that came before the House, and I to my colleagues, I think this bill goes million below the fiscal year 1995 fund- know that the gentleman from New in the wrong direction and it ought to ing levels. These are all things that are York [Mr. GILMAN] has worked very be defeated. going to be necessary, that are nec- hard to make the bill better, but it Mr. GILMAN. Mr. Speaker, I yield 3 essary, to balance the budgets so the still is not good enough. minutes to the gentleman from Kansas United States can continue to have the I believe that American diplomacy is [Mr. BROWNBACK], a member of our global leadership by virtue of having a essential. I believe, as the world power Committee on International Relations. strong economy, a strong military and that we are, we need to remain engaged Mr. BROWNBACK. Mr. Speaker, I standing for the principles that we al- in the world. This bill, in my opinion, congratulate our chairman on a fine ways have. goes in the opposite direction. It bill, and I also want to congratulate That is why I think this is a good slashes money for foreign affairs agen- the ranking member for his leadership bill. I congratulate the chairman on it. cies, it slashes money for foreign aid, it for many years in this field. b slashes money for arms control, it I rise in strong support of the con- 1915 slashes money for peacekeeping. The ference report. The American people Mr. HAMILTON. Mr. Speaker, I yield people that serve our country in the clearly want us to balance the budget, 41⁄2 minutes to the distinguished gen- Embassies around the world are very they want us to cut foreign aid bu- tleman from California [Mr. BERMAN]. demoralized, and rightfully so. The bill reaucracy, and this bill does that. Mr. BERMAN. Mr. Speaker, I rise in has a serious isolationism bent. This is not an isolationist bill. The opposition to the bill and urge the We cannot have it both ways, my col- United States cannot and should not House to defeat this measure. leagues. We cannot be the leader of the engage in isolationism. But the world I would like to just put this in the free world, indeed the leader of the has changed. The cold war is over, and context of the history that I am aware world, and tell other countries that we we need to reduce the apparatuses that of since I was elected to this House want them to emulate us in terms of are associated with that cold war in back in 1982. In every single Congress, being more open, more democratic, a this time of tight budgets. with the Democrats controlling half of free society, and at the same time we And I have to disagree with some of that in the House the entire period of are pulling back, putting our heads in my colleagues on the Democrat side of time, the Republicans controlling the March 12, 1996 CONGRESSIONAL RECORD — HOUSE H2093 Senate for the first 4 years that I was Maybe it is not a compelling argument, report does not give the President the here, a Republican President for the but it is an argument. flexibility he needs to conduct U.S. for- first 12 of those 14 years, every single Should AID, the agency primarily fo- eign policy and protect and promote time the chairman of then the Commit- cused with development assistance, be U.S. interests. tee on Foreign Affairs, working with subordinated into the diplomatic serv- Third, I think it cuts too deeply into the ranking member, and on a biparti- ice? Maybe, maybe not, but there are spending across the board for foreign san basis, put together a State Depart- some good arguments against doing policy, making it much more difficult ment authorization bill that was bipar- that, but the majority refused to spend to promote and protect U.S. interests. tisan in nature, that had the support of time discussing the debate. They want- The President, of course, has prom- the administration. Each and every ed to take home a trophy. ised to veto this conference report in time the State Department authoriza- They decided, as one Member of the its present form. I urge my colleagues tion bill was passed by a Congress, in majority just said on this floor. to support the President and to defeat some cases split, in some cases Demo- If this bill passes, all of you can go home the conference report. crat, and signed by a Republican Presi- and say you collapsed one of our inter- With respect to reorganization, the dent. national relations agencies. It is a trophy. conference report, as others have said, Every effort was made to provide No substantive arguments underlying the dictates to the President how he should more executive branch flexibility in reason, just let us do it to do it, to hell with organize the foreign policy agencies. the operations of our foreign affairs, the executive branch, who cares what they –It dictates that at least one agency be not less. At the same time, in the area want; forget the tradition of bipartisan ap- eliminated. My view on this is that in proaches to this issue. of foreign aid, with the exception of the absence of any compelling evidence one Congress, each and every Congress I think that is wrong. I think we of the advantages of reorganization, that I served in in this House, and ought to be providing sufficient re- which I really do not find here, I think again, that is since 1983, the House sources, sufficient flexibility, and an the President should have the discre- passed a bipartisan foreign aid author- underlying bipartisan approach to tion to determine how to structure the ization bill that frequently got waylaid these critical issues around the world foreign policy agencies. over in the Senate. One year we got a and the critical issues that are funded The Administration has already in- bill. In one of those Congresses on the by the 150 accounts. This bill does not stituted several significant streamlin- issue of family planning and the abor- do it, so I urge a ‘‘no’’ vote. ing and reorganization proposals for tion controversy, we failed here, but Mr. GILLMAN. Mr. Speaker, I am the foreign policy agencies. For exam- again, the fundamental approach was pleased to yield 30 seconds to the gen- ple, the State Department alone has to do it on a bipartisan basis. tleman from New Jersey [Mr. SMITH]. cut 1,300 jobs. When this bill came through this Mr. SMITH of New Jersey. Mr. On the second point, the reduced Congress last year, there was not one Speaker, very briefly, we have tried to funding for U.S. foreign policy I think whit of effort to try and do a bipartisan make this bipartisan. I have had mark- damages our ability to carry out that bill. Everyone but 12 Democrats voted ups in my subcommittee, because much policy. This conference report damages against this bill. Now we come forward of this is from my subcommittee. We U.S. interests overseas by continuing and we hear foreign aid has been had no-shows at the subcommittee to reduce funds available to operate dropped, but that is not quite an accu- markups. At full committee we had overseas by about a half a billion dol- rate statement. Foreign aid has been lack of participation, and the same lars from 1995 levels. That would force dropped except where a Member of the thing happened in the House-Senate the United States to retreat from its majority on the committee had a par- conference committee. presence overseas and reduce U.S. in- ticular priority, so foreign aid was The substitute offered by the gen- fluence. Areas that would be hurt in- dropped, except we eliminated housing tleman from Indiana [Mr. HAMILTON], clude diplomatic posts, payments for guarantees. Foreign aid authorization the Democratic alternative, said ex- international organizations and peace- was dropped, except where we wanted actly what this bill says on the issue of keeping, sustainable development, and to write something in on North Korea, population control, nothing. His bill public diplomacy. or on humanitarian corridors, or on said it, our bill says it, nothing, so it is I think the point I would like to MacBride principles. We cherry-picked not an issue here. make on the funding dollars is that the a few issues, the majority did, put The issue of isolationist is absurd. cuts required by this conference report them into a bill that was supposed to When you have groups backing provi- do not occur in a vacuum. For more be just a State Department authoriza- sions of this bill like the United Israel than a decade now, the Congress has tion bill, and then shoved it to the ad- Appeal, the American Jewish Commit- slashed spending for all categories of ministration without one moment of tee, the American Legion, Disabled international affairs. Funding for eco- time to talk about the pros and cons of American Veterans, and a whole host nomic and security assistance has been forced consolidation against executive of other groups, this is not an isola- cut 10 percent in the last year alone, branch wishes. tionist bill at all. and that follows a 40 percent cut over Should ACDA be consolidated and Mr. HAMILTON. Mr. Speaker, I yield the last decade. Spending for all inter- folded into the State Department or myself the balance of my time. national affairs accounts has been cut should it be separate? There is an argu- The SPEAKER pro tempore (Mr. 45 percent in real terms in the last dec- ment, maybe it is not persuasive, but CAMP). The gentleman from Indiana ade. at least it takes a second to pause and [Mr. HAMILTON] has 7 minutes remain- Our ability to use the United Nations think, that we want an independent ing, and the gentleman from New York to further our interests has been hurt arms control proliferation agency that [Mr. GILMAN] has 2 minutes remaining. by our unwillingness to pay our share is not going to be run by the State De- Mr. HAMILTON. Mr. Speaker, I rise of the budget or to pay over $1 billion partment with a direct voice to the Na- in opposition to the conference report. in arrears, and the United Nations, tional Security Council to raise issues I do so because I think it fundamen- therefore, is on the brink of a financial of arms control and nonproliferation tally constrains the President’s ability crisis. when economic pressures that might to conduct American foreign policy. It I think all of us agree that we are in exist otherwise cause the State Depart- is an improvement over the previously tight budgetary times. I have sup- ment to be less clear on those kind of passed House bill, but I think it has a ported many of the cuts that I have in- issues. long way to go before it becomes law. dicated, but my sense now is that we Should USIA be consolidated? There First, I think the conference report have cut these accounts enough. We is at least an argument that having an mandates a very far-reaching reorga- should draw the line before we take independent agency involved in articu- nization of the U.S. foreign policy ap- away too many resources and impair lating the American point of view and paratus. That, as far as I have been the President’s ability to conduct for- a voice of truth and freedom to the able to discern, has no real connection eign policy. world should not be under the direct to the problems of American foreign Finally, the conference report dam- control of our diplomatic services. policy. Second, I think the conference ages U.S. foreign policy by imposing H2094 CONGRESSIONAL RECORD — HOUSE March 12, 1996 too many restrictions on the President. H.R. 1561 requires the elimination of three [Roll No. 59] This is not the time to be amending foreign policy agencies, the Arms Control and YEAS—226 the Taiwan Relations Act. This is not Disarmament Agency [ACDA], the United Allard Gilman Norwood the time to be tying the President’s States Information Agency [USIA], and the Andrews Goodlatte Nussle hands on relations with Vietnam. This Agency for International Development [AID], Archer Goodling Oxley Armey Goss Packard is not the time to undercut U.S. efforts merging their functions into the Department of Bachus Graham Parker to reform the United Nations. State. Under the bill the President must submit Baker (CA) Greenwood Paxon The conference report does all of a plan to accomplish this reorganization by Baker (LA) Gunderson Peterson (MN) those things. It does undermine the Ballenger Gutknecht Petri October 1 of this year in order to abolish these Barr Hancock Pombo ability of the President to conduct pol- agencies by March 1, 1997. The President's Barrett (NE) Hansen Porter icy. We have many different views in plan must save $1.7 billion over the next 4 Bartlett Hastert Portman this body on the policy restrictions. I years. Bass Hastings (WA) Poshard am certain that there are provisions Bateman Hayes Pryce Bereuter Hayworth Quillen that many of my colleagues support, Mr. Speaker, the problems with this bill are many. H.R. 1561 forces the President to con- Bilbray Hefley Quinn but when we add it all up, when I ex- Bilirakis Heineman Radanovich amine the impact of all of these policy solidate agencies, even though he is provided Bliley Herger Ramstad restrictions provisions, I conclude that with waiver authority for two of the three, the Blute Hilleary Regula funding levels are low enough that he will be Boehlert Hobson Riggs they constitute a serious infringement Boehner Hoekstra Roberts on the President’s power to conduct forced to consolidate other functions in order Bonilla Hoke Rogers foreign policy. to adhere to the authorization levels in future Bono Horn Rohrabacher So as we vote on this conference re- years. In addition, the bill requires an unrealis- Brownback Hostettler Ros-Lehtinen tic timetable for presenting a plan and then ac- Bryant (TN) Houghton Roth port, Mr. Speaker, I think Members Bunn Hunter Roukema should ask themselves this question: tually closing agencies within a year from now. Bunning Hutchinson Royce Does this bill help or does it hinder the The transition provisions are so inadequate Burr Hyde Salmon that they do not even provide for useful meth- Burton Inglis Sanford President’s ability to confront the Buyer Istook Saxton many challenges we face in the world? ods of downsizing such as employee buy-outs, Callahan Jones Scarborough I think the answer is that it hinders which have proven popular at other agencies. Calvert Kasich Schaefer the President’s ability to do that. Camp Kelly Schiff H.R. 1561 also contains a variety of provi- Campbell Kennedy (RI) Seastrand Members of Congress expect the sions which will harm our ability to participate Canady Kennelly Sensenbrenner President to provide leadership in for- in a number of international organizations Castle Kim Shadegg eign policy, but at the same time, we ranging from the United Nations to the Inter- Chabot King Shaw should not deny the President the re- Chambliss Kingston Shays American Indian Institute. By either terminating Chrysler Klug Shuster sources to provide that leadership. This our membership outright or requiring that we Clinger Knollenberg Skeen conference report weakens the Presi- withhold a significant portion of our assess- Coble Kolbe Smith (MI) dent’s ability to lead at a time when ment, the bill ties the President's hands and Coburn LaHood Smith (NJ) the world badly needs U.S. leadership. Collins (GA) Largent Smith (TX) hinders our ability to play an effective role in Cooley Latham Smith (WA) That is not the way for the Congress to the international arena. There are many Mem- Cox LaTourette Solomon play a responsible role in the conduct bers who agree that the United Nations is in Crane Lazio Souder of American foreign policy, and I urge Crapo Leach Spence need of reform. Many will agree that our as- Cremeans Lewis (CA) Stearns my colleagues to defeat of the con- sessment should be lower and most will agree Cunningham Lewis (KY) Stump ference report. that an independent U.N. Inspector General Davis Lightfoot Talent Mr. Speaker, I yield back the balance Deal Linder Tate would be a valuable step. But to withhold our Diaz-Balart Livingston Tauzin of my time. contributions and in effect bully the United Na- Mr. GILMAN. Mr. Speaker, I yield Dickey LoBiondo Thomas tions to go along will likely jeopardize progress Doolittle Lofgren Thornberry myself such time as I may consume. already made in the areas of U.N. budgetary Dornan Longley Tiahrt In closing, Mr. Speaker, my col- Dreier Lucas Torkildsen leagues have heard many important and management reform. Dunn Maloney Torricelli reasons in support of this conference Mr. Speaker, the President has said that he Ehlers Manton Upton Ehrlich Manzullo Vucanovich report. This measure delivers on the will veto the conference report. I say let's save Emerson Martini Waldholtz President’s pledge that the era of big him the trouble by defeating a bad bill and English McCollum Walker government is over, and at the same bringing back a genuine bipartisan State De- Everett McCrery Walsh time, this measure improves the State partment authorization bill that we can all sup- Ewing McHugh Wamp Fawell McInnis Watts (OK) Department and the management of port and the President can sign. Flanagan McIntosh Weldon (FL) the United Nations, and at the same Mr. GILMAN. Mr. Speaker, I yield Foley McKeon Weldon (PA) Forbes Metcalf Weller time supports our vital U.S. diplomatic back the balance of my time. missions. Fowler Meyers White The SPEAKER pro tempore. Without Fox Mica Whitfield With regard to the MacBride prin- Franks (CT) Miller (FL) Wicker ciples included in the report, President objection, the previous question is or- Franks (NJ) Molinari Wolf Clinton, while Governor and candidate, dered. Frelinghuysen Moorhead Young (AK) Frisa Myers Young (FL) stated There was no objection. Funderburk Myrick Zeliff I like this principle. I believe in it. I would The SPEAKER pro tempore. The Ganske Nethercutt Zimmer encourage my successor to embrace it. As question is on the conference report. Gekas Neumann President, I would encourage all Governors Gilchrest Ney to look at it and embrace it. I think it is a The question was taken; and the NAYS—172 good idea. I like them very much. I think it Speaker pro tempore announced that is a way to encourage investment, because it the ayes appeared to have it. Abercrombie Brown (OH) Dicks is a way to stabilize the political and eco- Ackerman Cardin Dingell Mr. HAMILTON. Mr. Speaker, I ob- Baesler Clay Dixon nomic climate in the work force by being Baldacci Clayton Doggett free of discrimination. The argument is ject to the vote on the ground that a Barcia Clement Dooley made against the principles in a country in quorum is not present and make the Barrett (WI) Clyburn Doyle which there is discrimination. I just do not point of order that a quorum is not Becerra Collins (MI) Duncan buy that. present. Beilenson Combest Edwards Bentsen Condit Engel Accordingly, Mr. Speaker, I urge my The SPEAKER pro tempore. Evi- Berman Conyers Ensign colleagues to support this conference dently a quorum is not present. Bevill Costello Eshoo report. It enhances our Government Bishop Coyne Evans abroad. The Sergeant at Arms will notify ab- Bonior Cramer Farr sent Members. Borski Danner Fattah Mr. ACKERMAN. Mr. Speaker, I rise today Boucher DeFazio Fazio in opposition to the conference report to ac- The vote was taken by electronic de- Browder DeLauro Fields (LA) company H.R. 1561. This bill is veto bait and vice, and there were—yeas 226, nays Brown (CA) Dellums Filner ought to be sent back to committee. 172, not voting 33, as follows: Brown (FL) Deutsch Foglietta March 12, 1996 CONGRESSIONAL RECORD — HOUSE H2095 Ford Lipinski Reed REPORT ON RESOLUTION PROVID- ject, I would concur in the gentleman’s Frank (MA) Lowey Richardson Frost Luther Rivers ING FOR CONSIDERATION OF characterization of the resolution, and Furse Markey Roemer H.R. 2703, EFFECTIVE DEATH simply indicate that I hope the com- Gejdenson Martinez Roybal-Allard PENALTY AND PUBLIC SAFETY mittee would return here expeditiously Geren Mascara Sabo ACT OF 1996 if there is any further need for funding Gillmor Matsui Sanders Gonzalez McCarthy Sawyer Ms. PRYCE, from the Committee on for any purpose that comes before the Gordon McDermott Schroeder Rules, submitted a privileged report committee. We are all anxious to see Gutierrez McHale Schumer them proceed with all of their work as Hall (OH) McKinney Scott (Rept. No. 104–480) on the resolution (H. Hall (TX) McNulty Serrano Res. 380) providing for consideration of quickly as possible. Hamilton Meehan Sisisky the bill (H.R. 2703) to combat terror- Mr. Speaker, I withdraw my reserva- Harman Meek Skaggs ism, which was referred to the House tion of objection. Hastings (FL) Menendez Skelton The SPEAKER pro tempore. Is there Hefner Miller (CA) Slaughter Calendar and ordered to be printed. objection to the request of the gen- Hilliard Minge Spratt f Hinchey Mink Stenholm tleman from California? Holden Mollohan Stupak There was no objection. Hoyer Montgomery Tanner PROVIDING AMOUNTS FOR FUR- Jackson (IL) Moran Taylor (MS) THER EXPENSES OF THE COM- The clerk read the resolution, as fol- Jackson-Lee Morella Thompson MITTEE ON STANDARDS OF OF- lows: (TX) Murtha Thornton FICIAL CONDUCT H. RES. 377 Jacobs Nadler Thurman Jefferson Neal Torres Mr. THOMAS. Mr. Speaker, I ask Resolved, Johnson (CT) Oberstar Towns unanimous consent that the Commit- SECTION 1. FURTHER EXPENSES OF THE COM- Johnson (SD) Obey Traficant tee on House Oversight be discharged MITTEE ON STANDARDS OF OFFI- Johnson, E. B. Olver Velazquez CIAL CONDUCT. Johnston Orton Vento from further consideration of the reso- For further expenses of the Committee on Kanjorski Owens Visclosky lution (H. Res. 377), providing amounts Kaptur Pallone Volkmer Standards of Official Conduct (hereinafter in Kennedy (MA) Pastor Ward for further expenses of the Committee this resolution referred to as the ‘‘commit- Kildee Payne (NJ) Waters on Standards of Official Conduct in the tee’’), there shall be paid out of the applica- Kleczka Payne (VA) Watt (NC) second session of the 104th Congress, ble accounts of the House of Representatives Klink Pelosi Williams and ask for its immediate consider- not more than $580,000, of which not more LaFalce Peterson (FL) Wise ation. than $400,000 may be used for procurement of Lantos Pickett Woolsey consultant services under section 202(i) of Levin Pomeroy Wynn The Clerk read the title of the resolu- the Legislative Reorganization Act of 1946. Lewis (GA) Rahall Yates tion. Lincoln Rangel The SPEAKER pro tempore. Is there SEC. 2. VOUCHERS. objection to the request of the gen- Payments under this resolution shall be NOT VOTING—33 made on vouchers authorized by the commit- Barton Durbin Ortiz tleman from California? tee, signed by the chairman of the commit- Brewster Fields (TX) Rose Mr. FAZIO of California. Mr. Speak- tee, and approved in the manner directed by Bryant (TX) Flake Rush er, reserving the right to object, I the Committee on House Oversight. Chapman Gallegly Stark would like to ask the gentleman from Chenoweth Gephardt Stockman SEC. 3. LIMITATION. Christensen Gibbons Stokes California [Mr. THOMAS], the chairman Amounts shall be available under this reso- Coleman Green Studds of the Committee on Oversight, if he lution for expenses incurred during the pe- Collins (IL) Johnson, Sam Taylor (NC) would explain the purpose of this reso- riod beginning at noon on January 3, 1996, Cubin Laughlin Tejeda lution to the membership. and ending immediately before noon on Jan- de la Garza McDade Waxman uary 3, 1997. DeLay Moakley Wilson Mr. THOMAS. Mr. Speaker, will the gentleman yield? SEC. 4. REGULATIONS. Amounts made available under this resolu- b 1947 Mr. FAZIO of California. I yield to the gentleman from California. tion shall be expended in accordance with The Clerk announced the following Mr. THOMAS. Mr. Speaker, I thank regulations prescribed by the Committee on House Oversight. pair: the gentleman for yielding. Mr. Speaker, House Resolution 377 is SEC. 5. ADJUSTMENT AUTHORITY. On this vote: The Committee on House Oversight shall to provide an additional $580,000 for ex- Mr. DeLay for, with Mr. Ortiz against. have authority to make adjustments in penses associated with the investiga- amounts under section 1, if necessary to Ms. JACKSON-LEE of Texas changed tions and studies by the Committee on comply with an order of the President issued her vote from ‘‘yea’’ to ‘‘nay.’’ Standards of Official Conduct. $400,000 under section 254 of the Balanced Budget and of the $580,000 is for the procurement of Emergency Deficit Control Act of 1985 or to Ms. LOFGREN and Mr. DICKEY consultants in cases pending. conform to any reduction in appropriations changed their vote from ‘‘nay’’ to This resolution is obviously with for the purposes of such section 1. ‘‘yea.’’ some precedent. The Committee on The resolution was agreed to. So the conference report was agreed Standards of Official Conduct is really A motion to reconsider was laid on to. the only committee in the House that the table. The result of the vote was announced cannot determine its own agenda ahead as above recorded. of time. It is, by its very nature, a re- f active committee. A motion to reconsider was laid on We have in the past supported resolu- the table. SPECIAL ORDERS tions of this nature. As a matter of fact The SPEAKER pro tempore. Under f since 1982, seven resolutions have come to the floor. This resolution is nec- the Speaker’s announced policy of May essary so that the committee can carry 12, 1995, and under a previous order of GENERAL LEAVE out the investigations, the studies, and the House, the following Members will be recognized for 5 minutes each. Mr. GILMAN. Mr. Speaker, I ask the responses to Members’ requests for unanimous consent that all Members explanations that are part and parcel the nature of the Committee on Stand- f may have 5 legislative days within The SPEAKER pro tempore. Under a which to revise and extend their re- ards of Official Conduct. Mr. Speaker, I would urge my col- previous order of the House, the gen- marks on the conference report on H.R. tleman from Indiana [Mr. BURTON] is 1561. leagues support House Resolution 377. It is simply affording the Committee recognized for 5 minutes. The SPEAKER pro tempore (Mr. on Standards of Official Conduct the [Mr. BURTON of Indiana addressed CAMP). Is there objection to the request resources necessary to do its job. the House. His remarks will appear of the gentleman from New York? Mr. FAZIO of California. Mr. Speak- hereafter in the Extensions of Re- There was no objection. er, further reserving the right to ob- marks.] H2096 CONGRESSIONAL RECORD — HOUSE March 12, 1996 UNEMPLOYMENT AND We ran a record $111 billion trade def- of mutual poisoning,'' writes Goldsmith. Michel UNDEREMPLOYMENT IN AMERICA icit. Economists conservatively esti- Camdessus of the International Monetary The SPEAKER pro tempore. Under a mate that we lose 20,000 jobs for each 1 Fund warned of a world catastrophe. Gold- previous order of the House, the gen- billion, so this means that we lost at smith notes, ``Submarines are built with water- tleman from Tennessee [Mr. DUNCAN] is least 2,200,000 jobs due to foreign im- tight compartments, so that a leak in one area recognized for 5 minutes. ports this past year. will not spread and sink the whole vessel. Mr. DUNCAN. Mr. Speaker, shortly People say don’t start a trade war, Now that we have globalized the world's econ- before Christmas, all in the same week, Mr. Speaker, I certainly don’t want omy, the protective compartments no longer we received the news that three sepa- one, but it looks like we are already in exist.'' rate plants in my district were closing. one and that we are losing. The demoralization of First World nations The two largest employers in Tellico Senator DOLE said in South Carolina and the ravaging of the Third World are ac- Plains, in Monroe County, TN, an- a few days ago that he would not vote complished for the benefit of international cor- nounced that they were moving, one to for NAFTA now without some changes porations. Goldsmith's summary is as clear as Honduras, one to Mexico. in it. it is chilling: ``Some can still remember the old The largest employer in Etowah, in This is why many of us are cospon- adage: `What is good for General Motors is McMinn County, TN, Morgan Manufac- soring the NAFTA Accountability Act, good for America.' But that was in the days turing Co., a blue jeans manufacturer, which says that we need to take an- when the corporate economy and the national announced that it was going into bank- other look at NAFTA. economy had the same purpose. Now there ruptcy, due primarily to NAFTA. Many people now believe that the Congress are two distinct economies. Not only do they Tellico Plains is a town of about 1,000 was given misleading or incorrect information have different interests, but those interests are people. Etowah is a town of about 4,000. about the Mexican economy, in part at least conflicting. As corporations switch production These are beautiful, wonderful places possibly because the Treasury Secretary had to the areas with the cheapest labor and then to live, but jobs are not easy to come made millions getting his clients to invest in import the products made abroad, they de- by. Mexican bonds. stroy jobs at home and increase the Nation's These three companies meant a loss At any rate, facts and conditions change, trade deficit.'' of about 1,000 jobs within roughly a 25- and we need to take another look at NAFTA. f mile radius, and these were devastating We should have free trade, but we shouldn't blows to both these communities. enter into bad trade deals in order to get b 2000 I got Gov. Don Sundquist and his eco- trade, especially when all these other nations CHANGES TO EPA BY THE nomic development commissioner to go need our markets far more than we need REPUBLICAN MAJORITY to both places with me, and we are try- theirs. ing to get some help for these people. I would like to place in the RECORD an arti- The SPEAKER pro tempore. Under But, I wonder how much we can do cle from the February issue of Chronicles the Speaker’s announced policy of May when there seem to be more companies Magazine by E. Christian Kopff, a professor at 12, 1995, the gentleman from Minnesota moving out than moving in, and the University of Colorado. [Mr. GUTKNECHT] is recognized for 60 downsizing seems to be the trend of the He said an article in Foreign Affairs Maga- minutes as the designee of the major- day. zine in 1994 by Alan Tonelson ``proved that ity leader. Then shortly after the first of the the prosperity of the American automobile, Mr. GUTKNECHT. Mr. Speaker, Win- year, I discovered that two small tex- machine-tool, and computer-chip industries in ston Churchill, who was one of my fa- tile companies in my hometown of the 1980's, while our television and VCR in- vorite speakers, said that truth is in- Knoxville were closing due to NAFTA. dustries were disappearing, was due to pro- controvertible. Malice may deride it. In this same period I read that Her- tectionist treaties negotiated under President Ignorance may attack it. But in the shey has moved most of its production Reagan. The phenomenal prosperity of the end, there it is. from Pennsylvania to Mexico, that Reagan years rested on protectionism. The John Adams, who I think was a Mem- Fruit of the Loom closed a United Bush-Clinton years undermined that prosper- ber of this body at one time, said essen- States plant and opened a new one in ity.'' tially the same thing, far more simply. Mexico, and on and on. Then, Professor Kopff wrote: ``In 1993, He said, facts are stubborn things. We And of course, AT&T announced that Goldsmith predicted that multilateral free trade can ignore the facts. We can deny the they were downsizing, getting rid of treaties yoking together such unequal partners facts. But in the end, facts are facts. 40,000 employees. Yesterday, Ford an- as the United States and Mexico would cause So tonight, for at least a few minutes nounced a cut of 6,000. Altogether, at unemployment in the United States while dev- if not the full hour, and I think we are least 1 to 5 million jobs lost in just the astating the Mexican economy. Of prophets going to be joined by some of my col- last 3 years to corporate downsizing, and treaties it is true that by their fruits ye leagues, we are going to talk about and on and on. shall know them. The December 10, 1994, some of the facts, not only about the You have to wonder, Mr. Speaker, Economist loudly mocked Ross Perot's pre- budget and some numbers and some where we are headed. Already, most diction of a ``giant sucking sound'' of jobs facts about what we are really talking college graduates cannot find good being drawn into Mexico an quoted outgoing about and the consequences it brings jobs—so they are headed to law school U.S. Secretary of the Treasury, Lloyd Bentsen, for the American people, but also talk and medical school, both fields with that NAFTA was ``a win-win situation.'' On De- about some of those environmental is- huge surpluses, just to postpone the in- cember 20, 1994, the Mexican peso collapsed. sues. evitable. From the United States perspective, this mag- I want to first of all turn it over for Our unemployment rate, while too nified the advantage of Mexican labor costs. In a few minutes to the gentleman from high, is not bad, but our 1992, excluding transshipments, the United Florida [Mr. MICA], who would like to underemployment rate is terrible. And States had a $5.7 billion trade surplus with share a little information and a few yet, we seem to be giving our own Mexico. The U.S. Department of Commerce facts about what the President has country away, through NAFTA, GAAT, estimated that by the end of 1995 that will been saying and what the truth of the the World Bank, foreign aid, our mega- have turned into a $20 billion trade deficit. Add matter really is. billion dollar military adventures in to that $25 billion deterioration in our balance Mr. MICA. I would like to thank my Haiti, Rwanda, Somalia, and now of trade the $50 billion bailout loan engineered colleague for yielding, and also spend a Bosnia. Billions and billions and bil- by Secretary Rubin and Federal Reserve few moments tonight talking about lions to other countries while our own Chairman Alan Greenspan. what is going on as far as the environ- people head for the unemployment of- In Mexico, inflation is estimated at 50 per- ment, what is being said as far as the fice or have to settle for jobs in fast cent, the peso has lost half of its value, but environment, what is being said as far food restaurants. salaries have risen only 20 percent. Unem- as the Republican policy and some of In the last few weeks, we have been ployment for the poor and bankruptcies for the the changes proposed relating to the told that last year was the worst ever middle class are at record highs. The Mayans environment by the new majority. for the United States from a balance of are in open revolt, and the average Mexican I can tell you, I am a member of the payments standpoint. is close to despair. ``NAFTA is a typical case new majority. I am a Republican, but I March 12, 1996 CONGRESSIONAL RECORD — HOUSE H2097 consider myself a strong advocate of own department of environmental pro- view their role as pumping out rules the environment, of protecting our air, tection. Each State has created an and regulations. What would they do if our land, or water, and making certain agency which can deal with enforce- they had some reduction in force? No that it is safe for this and future gen- ment, which can deal with some of the one wants to see, again, any lessening erations. problems, which can take into consid- of regulations, of protections, of stand- But I am also concerned that there eration some of the local issues and ards. What we are saying is let us get has been a great deal of misinforma- factors relating to the land and the the work force where it should be and tion spread about what we are trying water and the air in that particular the dollars where they should be, and to do and want is being done by our area. that is in our States and local govern- chief environmental enforcement agen- So we have built a huge bureaucracy ments, and let the Federal Government cy, and that is the Environmental Pro- centered in Washington that wants to set some national standards and also tection Agency. Just in the last day or keep command and control. Repub- work on international standards. two, President Clinton has visited New licans in fact have proposed that we One of the first bills I introduced in Jersey and he has made some com- dismantle some of that administration, the last Congress was the Global Envi- ments relating to the EPA and also the we dismantle some of the overhead. ronmental Cleanup Act, and that dealt Republican agenda for the environ- Not only do we have the administra- with the problem that we have and ment, and I think that it is important tion in Washington to deal with, you where some of our focus should be. that we respond to those. take, for example, the State of Georgia Countries around the world are pollut- He stated in New Jersey that lobby- where 1 of the 10 regional offices is lo- ing the Earth and destroying the plan- ists for special interests were dictating cated, and that is Atlanta, GA, there et, in fact, and some of our financing of the environmental policies by the new are 1,300 EPA employees located in this Congress and the American people majority. I am here to tell my col- that regional office, 1 of, again, 10 is going to promote that destruction of leagues and the Speaker tonight and highly bureaucratized and highly the planet. the American public that that is just staffed offices that are not out there, I can tell you, I have been on inter- not correct, that in fact the agenda again, with the cities and the counties national business across this hemi- that has been dictated on making and the special districts and the States sphere, across the Southern Hemi- changes to EPA and to regulations tackling the tough environmental sphere. You can go through Brazil and that deal with the environment has not problems. see the destruction of the Amazon. You been dictated by lobbyists or corporate So the money and the bureaucracy is can go to Guatemala, see the destruc- interests, but in fact by the mayors, by in Washington and these regional of- tion, clearcutting of forests on the the Governors, by the legislators, by fices, and the real problems are not Mexican border. the county commissioners across this being tackled out there. Let me give You can go to Mexico and see the raw great Nation. you just a statistic. More than 90 per- pollution going into the streams and In fact, I have a story dated March cent of the environmental enforcement river and land. You can go to China 24, 1993 from the New York Times, and is conducted by the States today, not and see the destruction of the planet, it says that in January mayors from in fact by Federal EPA. However, the raw sewage and raw fluid going into 114 cities in 49 States opened the cam- the rivers, and no consideration of pro- paign by sending President Clinton a majority of environmental funding tection of the air or water where the letter urging the White House to focus goes to EPA, if we look at the statis- largest population of the world is. Then on how environmental policymaking tics. Furthermore, the EPA has dou- had in their view gone awry. So the bled its size during the past 20 years, as you can go to Europe. I traveled the genesis of the changes proposed by the I have pointed out, now employing Tatra Mountains, and you can see the new majority are in fact by our local these 18,000 employees and maintaining destruction from the former Soviet government officials. They have seen a budget of $3.6 billion. bloc of the beautiful forests, and again that the regulation and some of the So the question before the Congress the raw pollution going into the land. Some of our taxpayer money is going other edicts out of Washington have in and before this new majority is not into international financing of projects fact cost the taxpayers, their local tax- just how much money we spend but payers, enormous amounts of dollars, how we spend it. in these countries without a consider- Let me say that even Carol Browner, and not gotten very good results for it. ation of environmental cleanup. So we Let me just cite, if I may, how some who is now the Administrator of EPA, have a role for EPA on the inter- of the money is being spent. In fact, it admits there is a problem with envi- national level, we have a role on the really concerns me that the moneys ronmental problems. She said to the national level with pollution between are being spend in Washington on ad- New York Times on November 29, 1993, our States, and we are concerned about ministration and on employees in a let me quote, and she was our State ad- that. But we do not need 18,000 full- huge bureaucracy that in fact has been ministrator in Florida. Let me quote time employees, the bulk of which is in built up over the past few years. In her. Carol Browner said, ‘‘When I Washington, not to mention thousands Washington, DC, for example, out of worked at the State level, I was con- and thousands of employees who are on 18,000 EPA employees, there are a total sistently faced with rigid rules that a contract basis, ruling and dictating of almost 6,000, nearly 6,000 just within made doing something 110 times more from Washington. 50 miles of Washington, DC. Part of the difficult and expensive than it needed We need to get the money where the argument with the changes that we are to be.’’ It makes no sense to have a problem is and to those that are clean- trying to make is to stop the command program that raises costs while doing ing up the environment. They are and control and the bureaucracy and nothing to reduce environmental State and local officials and our State administration from Washington. threats. legislatures. That is the emphasis this What is interesting is EPA in fact is What Carol Browner said in 1993 is new majority is interested in. a Republican idea. It was founded in what we are talking about today in Then if we look, and the President 1972 under President Nixon to provide 1996. Even President Clinton proposed a talked yesterday in New Jersey about some better regulations, some better request for a reduction of 400 full-time cleanup and Superfund. Superfund national standards in cleaning up the employees in environmental enforce- must, in fact, be one of the worst gov- air, the water and the land. What has ment for fiscal year 1996. So we have ernment programs ever devised. Its happened is, over the years we have even the President saying we need a re- original intent, now, was good. It was created a huge bureaucracy, now with duction in this massive bureaucracy in designed to clean up hazardous waste 6,000 employees in Washington, and the proposal he made to Congress. We sites and have polluters pay for pollut- that number, I might say, is about the have Carol Browner in 1993, fresh from ing, and in fact it has not done that. In total figure of EPA employees that was Florida and her role there as the State fact, polluters do not pay. We find that in the entire Agency about a dozen director of our environmental program. and I have evidence of, in fact, pollut- years ago. What has happened, again, is we have ers not paying, and also EPA letting Since 1972, I might add, almost every threatened these 6,000 bureaucrats in the statutes of limitation expire, ac- State in the Nation has created their Washington. They have a role and they cording to one of the reports from a H2098 CONGRESSIONAL RECORD — HOUSE March 12, 1996 subcommittee on which I served during Then you look at the management propriate fashion, that we clean up the my first term. problems in contracting activities at environment, that we clean up the real b 2015 EPA. The American people would be risk areas for our children, that in fact appalled to see the waste. We held one the money does not go just to attorney So polluters get off the hook. They hearing on this particular matter, and fees and to studies, that we work with do not pay under the current system. they said that this particular activity local governments, with State govern- The President says this is a successful with EPA laboratories is out of con- ments, with local authorities, with program. trol, mismanaged, examples of abuse. business and industry, trying to re- Then would you think that in fact we Then we held another hearing on in- solve some of the environmental prob- are cleaning up sites that pose the formation management systems, so the lems, that we renew our emphasis on most risk to human health and safety right hand of EPA would know what international problems, that we look and our children’s safety? The fact is a the left hand of EPA is doing, to better at problems that do, in fact, transcend GAO study in 1994 said no, that is not communicate. I could not believe the the State and local boundaries, and the truth, that in fact we do not clean hearing, and it is detailed also in these concentrate on where EPA can do a up sites on the basis of risk to human reports, that, in fact, they had spent better job. health and safety and welfare, that almost a half a billion dollars and had So these are some of the issues that they are chosen basically on the basis no clue as to what they were going to we wanted to bring up tonight, and of political pressure. do as far as a real management infor- then you think you have got it all to- So we are not cleaning up these sites, mation system. gether, and you think that EPA has we are not cleaning up the sites that So one problem after another at an been criticized by Members of Con- have the most risk. agency again that is out of control. gress, again from both sides of the These are just a few of the studies I spoke just a moment ago of the con- aisle, and you think that we are trying about EPA, the failures of EPA on the tract employees. I spoke about 18,000, to get our message across, and maybe subcommittee on which I sat for my nearly 18,000 full-time employees that it has gotten across. You read articles first 2 years in Congress. This first have mushroomed this agency to a like the article that I found last week study talks about EPA’s pesticide pro- huge bureaucracy in Washington. in EPA Watch, which says that in fact gram, and food safety reform and the We found in one of the hearings, and EPA’s office of enforcement and com- disaster in that agency. This particular this is interesting to note, that of the pliance has circulated a memo of Janu- report talks about the impact on safe thousand of contract employees and ary 19 that notes that staff from no drinking water regulation and small the hundreds of contracts that are let fewer than 11 EPA offices are working systems, drinking systems, how the out there that nearly all of the con- with PTA on a project to protest budg- regulations have forced our local gov- tracts that are let by EPA go to former et cuts in the department. And I think ernments to the point where it is al- EPA employees. So they have a revolv- that that is rather sad, that an agency most cheaper to deliver bottled water ing door, an incestuous relationship, that has been criticized also for misus- than it is to comply with some of these that really would not be permitted ing its resources and not cleaning up regulations. We had testify the mayor under any other circumstances. the environment, protecting the envi- of the city of Orlando at a field hear- So almost every program we look at ronment, but in lobbying Congress and ing, and she said that EPA requires in as far as the management of this agen- coming after Members of Congress, is the treatment of water, and water cy is again out of control. now using its limited funds from the comes in, to take out certain natural Here is another report on clean air office of compliance and enforcement occurring substances, one part of the protection problems at national parks in a lobbying campaign that brings in process at the beginning, and then put and wilderness, and this details how the children and the PTA with the mis- them back at the other end, and she EPA cannot even get its act together information campaign. So I think that said this makes no sense and it costs at it relates to Federal operations. is the wrong way to spend these lim- hundreds of thousands of dollars to So each and every one of these re- ited resources. comply with these ridiculous regula- ports, and these are just a few tonight tions. that I detail, tell about a story of fail- When I found this article, I asked the So another report that details ure, and that is the Federal EPA pro- appropriate chairman of the House Superfund and the liability provisions, gram. committees and subcommittees to in- how now under Superfund, and again And let me say that between the vestigate now their activities. Even the President talked about the success House of Representatives and the other after being criticized, even after being of Superfund and the need for body there are many disagreements. asked not to conduct this type of activ- Superfund, and we agreed that there You rarely find the two houses agree ity, today you find EPA spending again should be a Superfund. But when 80 on anything. But there was unanimous limited resources, taxpayer dollars, on percent plus of the money in consent on both this side and the other lobbying the Congress and on mislead- Superfund, a program that was sup- side, in fact both sides of the aisle, the ing the parents, and teachers, and posed to start out at 1.6 billion and has majority and the minority, that we schoolchildren of our country in their grown to $75 billion, when 80 percent of needed to make some changes in the campaigns. the money, in fact, goes to attorney administration and management of So it is disturbing, and I think that fees and studies, there is something EPA. The House recommended a cut in that should be thoroughly investigated wrong with what we are doing with their funding of somewhere in the by the appropriate subcommittees of Superfund. neighborhood of 30 percent. The Senate the House of Representatives and the So we do not want to let polluters off was somewhere in the neighborhood of Congress. the hook. We think that they should 20 percent. And rarely do you find that So those are some of the points that pay. But you find, in fact, that EPA unanimous agreement that an agency I wanted to bring out tonight. Again, gives them a free ride under current should be cut in that fashion. when the President makes these state- law. They do not enforce the current But these are the reasons, in fact, ments, I think that someone should ad- law; they let the statute of limitations that I presented tonight that there is dress that in fact the new majority is expire. They are letting it happen now, unanimous consent on both sides of the interested in protecting the environ- that polluters not pay, and we think aisle, Republican and Democrat, and ment, that we have children, that we there should be a change there. And both of the Houses of Congress, that care about the environment, we care then also spending all of the money for there needs to be change there. So we about the future of the environment of a cleanup program again on attorney have presented changes, we have said this great country, we would do noth- fees and studies and ignoring the real that we should look at the way the ing to lower the standards. But in fact risks makes no sense. money is being spent, not just throw when you see the misuse and abuse of So all this is documented in hours money at problems, but in fact try to power, and authority, and an impor- and hours and days and days of hear- get a better result so that taxpayer tant charge given by the Congress, you ings. hard-earned dollars are expended in ap- become concerned, every American March 12, 1996 CONGRESSIONAL RECORD — HOUSE H2099 must be concerned, and every Amer- filtering equipment to remove that 1 when we start talking about finally ican should also have the correct infor- milligram. using cost-benefit analysis and good mation, that in fact what the President Now that dangerous chemical that science to determine whether or not is saying is political rhetoric, in fact they were required to remove at sub- these solutions that are being imposed political rhetoric. It is not based on stantial expense was fluoride. Now flu- from Washington really makes good fact or the action of this agency. What oride is a chemical, as most of us economic sense. When we start talking Carol Browner is trying to do with the know, that many cities, in fact vir- about real reform, the other side seems resources of that agency are, in fact, tually every city in the United States, to always question our motives; that not a proper expenditure of those re- now puts into the water. They were re- we somehow want the world to live sources. If she would concentrate in re- quired to take out that 1 milligram. with dirty water, that we want to put membering what she said, and I quoted And frankly, we also at one of our raw sewage into Americans’ drinking it to you 3 years ago about how she is other field hearings, we had a gen- water. forced to spend 110 times the energies tleman who helped develop the spec- Nothing could be further from the on things that do not make sense, then trometer. Now I am not a scientist, but truth. But they measure success by we could all be better off. a spectrometer is that thing that al- how many dollars go into the pro- So this is a debate about command lows us to measure parts per million grams. We are trying to measure suc- and control in Washington. It is a de- and parts per billion. cess by what we really, ultimately get out of it. bate of how our limited resources, your b 2030 taxpayer dollars, the American tax- I want to give one more example. We payer dollars, are expended, and how He said, ‘‘Sometimes I rue the day have the director of the waterworks of we really go about facing the problems that we developed that technology, be- the city of Des Moines, IA, who came of pollution and cleanup across, again, cause just because we can now measure and testified at one of the field hear- our great lands. parts per billion does not necessarily ings. He said, ‘‘The EPA requires us to So tonight I wanted to bring some of mean they are statistically significant, test for 53 different chemicals and or- those facts to the House, and to my or that they are dangerous.’’ ganisms in the water. I have worked colleagues, and to the Speaker’s atten- Again, we see that $50 solutions im- for the waterworks here in Des Moines tion. We can do a better job, we must posed on $25 or $5 problems. for over 20 years, and nobody knows do a better job, we do not need a huge Mr. MICA. If the gentleman will more about the water that goes in and bureaucracy to do it, and that is a part yield, Mr. Speaker, I am glad the gen- out of these pipes than I do.’’ of what we have proposed here, and tleman mentioned one case. I would As a matter of fact, he said, as far as again I think I share the concern of ev- like to mention another. he could tell, only about 16 of those eryone on this side of the aisle that the In Hastings, NE, that community chemicals or microbes could ever be environment, clean air, clean land, began a review of its environmental found in the water surrounding Des clean water are our priorities and part costs and concluded that the single big- Moines, IA, and yet they are required to spend over half a million dollars a of our agenda, and we can do a better gest drain on the Treasury was the $65 year in testing for chemicals and test- job, again with limited resources. million it would take to build a treat- I thank the gentleman for yielding ment plant to meet a proposed EPA ing for microorganisms which will and wanted to make those points to- rule for removing radon from the city’s never be found in the water around Des night. water. Now, radon is a radioactive gas Moines. He said it is just nuts. Mr. GUTKNECHT. I would like to that occurs naturally. He said, ‘‘The other thing that is im- thank the gentleman from Florida be- Before the EPA proposal, almost no portant is if somebody should get sick cause I think he makes some very good public health specialist had considered from drinking the water in Des Moines, IA, they are not going to call the bu- points. radon in drinking water to be any sort My grandma always said if you al- of a threat. Independent radiation reaucracy out in Washington; they are ways do what you have always done, health experts said that in virtually going to come to me, because ulti- you will always get what you have al- every area of the United States, the mately I am responsible for the quality ways got, and unfortunately one team amount of radon that evaporates from to the water in this city.’’ Really, that is saying that the real way to clean up water is only one-thirtieth to one-one is also what we are talking about. We are talking about more responsibility the environment is to spend even more hundredth of what is really naturally down at the area where the people ac- money on the failed programs we have in the air. So here is another example tually can have that responsibility, can had in the past, and I want to thank of a small community that had im- exercise responsibility, and ultimately the gentleman from Florida for bring- posed on it a burden from EPA that get the job done. made no sense. This is what we are ing those studies. Those are not Repub- Mr. Speaker, having a large bureauc- talking about. This is not some fancy lican studies, those are not Democrat racy, I think that the gentleman men- studies. Those are independent studies lobbyist coming in here asking for tioned 6,000 people here in Washing- done by the General Accounting Office changes. These are our cities, our coun- ton—— which, I think, demonstrate that what ties, our States, our legislatures asking Mr. MICA. Just in Washington. we have done in the past has not really us to look at what we are doing. Mr. GUTKNECHT. It does very little helped solve the problem. Again, even Carol Browner said be- to ultimately guarantee we have clean And I served with you on the Com- fore she got into the empire and bu- water. As a matter of fact, one of my mittee on Government Reform. I also reaucracy-building business in Wash- first trips to Washington a few years serve on a separate subcommittee that ington that what the Federal Govern- ago, and I had been to Washington looks at regulatory reform, the ment was doing to her as a State direc- maybe one or two times before that, McIntosh subcommittee, and we have tor of the EPA in Florida made no maybe you remember this, there was a had some of those field hearings as sense. That is what this argument is scare that came through in the water well. And I remember just a few weeks about. The rest is just not the truth. system here in Washington, DC. They ago we had some hearings in Iowa, and Mr. GUTKNECHT. Mr. Speaker, I thought it was somehow infected with the mayor of Manson, IA, came to that want to thank the gentleman. Presi- Cryptosporidium. This is just blocks meeting, Mr. Speaker, and talked dent Kennedy once observed, ‘‘We all away from the EPA offices. They have about what they had had to do. The inhabit this same small planet. We all their own water system. But the EPA EPA came in, and they have had no breathe the same air. We all cherish did not take responsibility for that. Ul- problems with their water for 75 years. our children’s future.’’ One of the timately, the city of Washington, DC. The EPA came in and tested, and they things that is most frustrating to me took responsibility. found 1 milligram more than the allow- as a parent and one who cherishes my Mr. MICA. Mr. Speaker, I am glad able EPA standard of one chemical, children’s future and one who enjoys the gentleman mentioned and they forced this relatively small the out-of-doors, I enjoy the environ- Cryptosporidium and contaminated town in Iowa to install over half a mil- ment, I like to hunt and fish, one of the water supplies. I sat on the subcommit- lion dollars’ worth of reverse osmosis things that disturbs me so much is tee, of course, that oversaw some of H2100 CONGRESSIONAL RECORD — HOUSE March 12, 1996 these issues in the 103d Congress. One I think particularly those of us in the to the last 7 years, it was a 26-percent of the things we have heard folks talk freshman class came here to change increase in Federal spending. This about here on the floor was Milwaukee the way Washington does business. We harsh budget that you hear about that and how their water supply became want to talk a little bit tonight, too, the Republicans have offered increased contaminated. We questioned, in fact, about the budget. We are being joined Federal spending 26 percent, it in- some of the people who were involved by the gentleman from South Carolina, creased Medicare spending 63 percent, in the problem. I think there were Mr. LINDSEY GRAHAM, and perhaps the it increased Medicaid, welfare, by over some deaths there, and many people gentleman from Connecticut, Mr. 50 percent, it increased spending on were sick. CHRIS SHAYS, is going to join us as student loans by 50 percent. In fact, it turned out, and the gen- well. I am not sure. Instead of being accused of being tleman spoke about the 53 or 54 water We want to talk a little about some harsh, I ought to be apologizing to peo- contaminants that are mandated by of the budget numbers, where we have ple for spending that much money to Congress and the EPA for each area to come from, what it is going to take, run the Federal Government over the look at. And the folks from Milwaukee the kind of discipline. Again, I restate, next 7 years. Again, it is a 26-percent told us in fact that they were busy if you always do what you have always increase for the next 7 years compared checking on some of these mandated done, you will always get what you to the last 7 years. Most people are not contaminants that actually had no op- have always got. Unfortunately, where going to get that much increase in pay. portunity to occur in that area, and we are today is at least some of the So the first thing you have to come had to use their resources on these people in this Capital City want to con- to grips with is, is $12 trillion enough. edicts that were sent out from Wash- tinue to do what we have always done. I guarantee you, it is enough for ington, when in fact Cryptosporidium, That is, ‘‘Well, we will continue to LINDSEY GRAHAM. If you spend 63 per- which is caused by deer or animal spend normally; but manana, or next cent more on Medicare over the next 67 feces, I think, is the root of it, was ig- year, or 5 years down the road, then we years than you did in the last 7 years nored by the community. are going to start to really get seri- and that is not enough, there is some- So we are requiring, with these edicts ous.’’ thing wrong with Medicare; and there and mandates from Washington, them As somebody said the other day, it is are two things wrong with Medicare. It to spend their limited resources not a little like saying you are going to is very inefficient, and it is going looking at where the real risks are, and lose 20 pounds by the end of the month, broke. that is part of what we are trying to but you are going to gain 5 pounds dur- Our budget addresses the Medicare change. ing the first 2 weeks, and you really problem. It addresses the entitlement I had another example of an area, and will not get started on it until the last problem, because when we look at the it is good to cite these, engineers in Co- 3 days. That is sort of the way Wash- budget and we look at the national lumbus, OH, were Attempting—the city debt, which is $5 trillion, under the Re- was attempting to build a parking lot ington sort of looks at balancing the budget. We have said that is not ac- publican budget, it goes up to $6 tril- behind a city garage. They discovered lion. The budget we came up with is traces of chemical in the dirt. Federal ceptable. Mr. Speaker, I yield to my good not one bit harsh. As a matter of fact, hazardous waste required a $2 million friend, the gentleman from South Caro- we should apologize for taking 7 years. cleanup. This is over a parking lot. The city was required to dig up 2.4 lina [Mr. GRAHAM]. The freshmen put a budgets together million pounds of dirt containing no Mr. GRAHAM. Mr. Speaker, along that balanced in 5 years. You can do it more than a few pounds of toxic chemi- those lines, President Clinton had a in 5 years and not hurt anyone if you cal from a patch of ground no larger good quote. A good definition of insan- just have a little discipline, you work than a baseball diamond. They shipped ity was doing everything the same and together, and you work smart. But one thing you have to under- that dirt 1,500 miles to the south of expecting different results. That would stand about $1 trillion, most people do Texas to be burned in an incinerator. be crazy. If you do everything the They had to install detection equip- same, it will probably turn out the not know what it is. I certainly still ment to monitor the air for up to 25 same. cannot imagine $1 trillion. But if you years for traces of any contaminants The budget debate is often talked spent $1 million a day, do you know that might be remaining. All this is to about in my district, ‘‘Why can you not how long it would take you to spend $1 build a parking lot. come to an agreement on the budget? trillion. Two thousand seven hundred These are the examples of an agency What is wrong with all you guys and years. It you started at the time of and regulation out of control. The cost ladies up there?’’ Christ spending $1 million a day, you is being passed to the cities, the coun- I ask this to the audience that comes still would not have spent the first ties, the special districts, the States to my town meetings: ‘‘Have you ever trillion. who have asked us to make these had a disagreement in your family We have appropriated $12 trillion, not changes. These are the interests we are about how to spend and how much to $1 trillion. To get $1 trillion in taxes talking about. spend?’’ And everybody laughs and ev- from the American public is the equiv- This kind of regulation accounts for erybody raises their hands. It is prob- alent of $3,814 from every man, woman the largest percentage of increase over ably not uncommon for American fami- and child in America. The truth is, the last 10 years in local taxes. All of lies to have arguments at times over every man, woman and child in Amer- these regulations are passed on to how to construct the family budget and ica is not paying taxes. Those of us cities and counties for compliance, and how much to spend and where to spend that are paying a lot. So $12 trillion is then in fact we make them spend this it. enough. You need to say no somewhere, money, whether it is for water treat- That is exactly what is going on in and $12 trillion is where I am saying ment, whether it is for building this this Congress right now. We are having no. garage in some expensive, not cost-ef- an overdue, long overdue debate about But when you look at the budget and fective fashion, and it results in higher how much money to spend at the na- figure out why you are $5 trillion in taxes for the local property owner. So tional level and where should it be debt, one thing jumps out at you, I be- this is another example of an agency spent. Let us kind of give people at lieve: 50 percent of the Federal budget and regulation out of control. home an update of where we are right is entitlement spending, 16 percent of Mr. GUTKNECHT. We do cherish our now in the process. the budget is interest payment. The in- children’s future, and we all breathe Here we are in March 1996. We have terest payment on the national debt the same air and we all want a clean had a couple of budgets vetoed. One this year will be over $400 billion. We environment, but we want results. We budget that would have balanced in the will pay more in interest this year do not want 70 percent of the year 2002 was offered by the Repub- than the entire Defense Department Superfund cleanup money being spent licans that spent $12 trillion, $12.004 budget. That is a fact that astonishes on lawyers and consultants, we want trillion, to run the Federal Govern- me, that we have to really do some- results. That is what this Congress is ment over the next 7 years. When you thing about this debt situation. Fifty really all about. compare that $12 trillion expenditure percent of the budget is on auto-pilot. March 12, 1996 CONGRESSIONAL RECORD — HOUSE H2101 Entitlement means the following: b 2045 In fact Medicaid a few years grew at There is a computer somewhere in this We are trying to balance the budget about 20 percent a year. They double town that takes Medicare and Medicaid here in the Congress and really only every 5 to 6 years. Now they are 50 per- and welfare spending, looks at the have direct control over that one-third cent of the budget, and if we do not do growth of these programs, builds into of the budget. anything by 2002, they will be about 65 the computer their growth rate, and in I want to point out something else percent of the budget. We really need Medicaid it has been 19 percent growth that has been lost in all this debate. to get a handle on it. rate since 1990, adds inflation to the This is in the Constitution of the Unit- The thing that concerns me I think growth rate, anticipates the number of ed States. A little over 2 months ago more than anything, and I do not think people who are going to be on the pro- we were sworn in, and we were sworn to that history will be kind to Congress gram, sends us a bill in Congress, and uphold the Constitution of the United over the last few years or the President we cannot say no. No matter how out States. over the last few years. I am candidly of control Medicare is, no matter how It is pretty clear, reading article 1, bringing in Republican Presidents as inefficient Medicaid is, no matter how section 8 of this Constitution, that the well. Republicans did not want to con- unwise welfare is, we cannot say no to power of the purse is vested with the trol the growth of defense and Demo- the bill. And when the bill comes to Congress. It really is ultimately the re- crats did not want to control the Congress, 50 percent of the budget is on sponsibility of the Congress to balance growth of entitlements, and they both autopilot and we cannot say no. We do the books of this Government. agreed to just let things happen and ig- not have enough cash on hand to pay Something happened in 1974, that the nore that we were creating these large that bill, and we have to go borrow Congress began to turn over the power deficits. money. That is why we are $5 trillion of these entitlements, in other words, But what I am most afraid of is, in in debt. divorce them from the congressional the last 12 years since 1974, since the end of the Vietnam War, we have had We are going to talk about the Presi- oversight that I think they should have. That is one of the other issues I our national debt grow from about $430 dent’s budget, but let me tell you the billion to $4,900 billion, a tenfold difference between the President’s think we ultimately have to deal with if we are going to balance the budget. increase. budget. He is over four in balancing the So what do I think history is going to budget, and on the fifth try he got to a I want to welcome to our little dis- cussion tonight the gentleman from say about Congress and the White balanced budget in the year 2002, but House? I think they are going to say Connecticut, CHRIS SHAYS, author of here is what he did not do. That 50 per- there was a time when they basically the Shays Act—I always try to work cent of the Federal budget that is on decided to let their children and their that in for the gentleman—one of the autopilot that led us to a $5 trillion na- children’s children pay for the bill. tional debt, Medicare alone went up really powerful speakers on behalf of a Mr. Rabin, the former Prime Min- 2,200 percent since 1980. All the Presi- balanced budget, who serves on the ister of Israel, pointed out on more dent has done is for a 7-year period he Budget Committee. I yield to the gen- than one occasion that the job of an has slowed the growth of spending on tleman from Connecticut. elected official, they are elected by the Mr. SHAYS. I thank the gentleman. Medicare, Medicaid, and welfare, but I remember the first day when we adults but their job is to represent the he has not changed the reason we got started this new Congress, and the gen- children. That is really what this is all about: How do we save this country for in debt. tleman basically introduced the Con- future generations? How do we leave it In other words, he spends less on wel- gressional Accountability Act, getting fare, but he does not change the reason better for future generations? Congress under all the laws that we im- What we attempted to do was get a people stay on it a decade. He has spent pose on the rest of the country, to the handle, slow the growth of Medicare, less on Medicare, but he has not Congress. This was his first act on his slow the growth of Medicaid, allow changed the reason that the program first day as a freshman. The gentleman those programs to grow and to meet all has grown 2,200 percent. He has spent and his colleagues, other Members who the needs that they have to meet. But less on Medicaid, but he does not had just joined us, did such a wonderful if I could just conclude, I am con- change the reason it is growing at 19 job of introducing that bill, the rule stantly hearing in this place that we percent. He has suppressed the growth, and so on, and getting that bill passed. are cutting, and we are cutting some but he has not changed the reason we I think we Republicans and Democrats programs but not the ones that are got in debt. alike can take great satisfaction that identified. We are consolidating certain I will not vote for a budget that does we now are looking to be under all the departments and agencies. We are not address the reason we got in $5 tril- laws we impose on the rest of the coun- eliminating some programs and discre- lion worth of debt. If that is harsh, try, something that we had not been tionary spending, but the earned in- mean, cruel, so be it. I think it is wise. for the last 30 years. come tax credit, a program to help the I think it is smart. I think it is long I have been wrestling with really working poor, that is growing from $19 overdue. what is concerning me most. I cannot billion to $25 billion. The school lunch really speak to what is in the Presi- program, which we were told we were Mr. GUTKNECKT. I thank the gen- dent’s budget or what is not. All I tleman, Mr. Speaker. I want to also re- cutting, is growing from $5.2 billion to know is that when I was elected in 1987, $6.8 billion. state a couple of important points. One the gentlemen all triggered that major that I think gets lost in all this debate The student loan program, that is the point, that I voted on one-third of the one that really gets me, it is growing that the gentleman has made that I did budget. Gramm-Rudman, which dealt not completely understand, and I dare from $24 billion to $36 billion, a 50 per- with what came out of the Appropria- cent increase. Hardly a cut. Maybe in say most Americans do not understand, tions Committee, the 13 budgets out of is that half of the Federal budget right this place a cut, but anywhere else the Appropriations Committee, the de- around the world it is known as a 50 now is effectively on autopilot. These fense budget which was equal to the things we call entitlements, Social Se- percent increase. other 12 appropriations bills, was what Just to end, Medicaid growing from curity, Medicare, Medicaid, welfare, I voted on. $89 billion to $127 billion in the seventh those are on autopilot, and Congress Yet we tried to control the growth of year of our program; Medicare, $178 bil- really has very little control over it. spending by basically squeezing the an- lion to $289 billion. Only in Washington That is one of the reasons it is so dif- nual votes on the appropriations bill. when you spend so much more do peo- ficult. While we were doing that, we had Medi- ple call it a cut. The other point, if you add in the 16 care, Medicaid, food stamps, agricul- We are spending 60 percent more percent we are paying in interest, tural subsidies, and a whole host of total amount on Medicare. Per bene- which really is an entitlement, you are what we call entitlements. You fit the ficiary 49 percent more, from $4,800 to really talking about two-thirds of the title, you get the money. We do not $7,100. Federal budget which is essentially an vote on them, they are not sunsetted, I just hope that we keep the course, entitlement program. they were growing at 10, 11, 12 percent. I hope we do not let up, I hope we try H2102 CONGRESSIONAL RECORD — HOUSE March 12, 1996 to get a handle on this budget for the spending is taking over the revenue care the funding comes from two future generations that ultimately stream. sources, a senior citizen premium, like would have to pay the bill if we do not. Mr. SHAYS. There will be no money my aunt and uncle pay out of their So- Mr. GUTKNECHT. I thank the gen- for any department, and any grant and cial Security check, and 70 percent of tleman. I started this special order to- any program for those departments ac- it comes out of the Treasury. Medicare night quoting Winston Churchill and cording to Senator KERREY. has been growing at 12 and 13 percent a John Adams’ famous quotation, ‘‘Facts Mr. GRAHAM. Right. The good news year. A huge bill is being sent to the are stubborn things.’’ I think that we may be that Congress will not get paid, taxpayer because of Medicare growth. have to continue to share with the too. They may like that part of it, but They have $110 a month they pay for a American people those facts, because I they will not like the other parts, the Medicare supplement policy because have found, and we have had an awful Government they have come to rely on under Medicare it does not pay every- lot of town meetings back in my dis- in the discretionary side of the budget. thing and seniors know this very well. trict, when people are confronted with But let us talk a minute about what You have got deductibles, copayments. the truth about what is really in this we have done. We have spent a lot of They are paying out of their pocket budget, I think overwhelmingly what money in additional spending but we over $300 a month for the Medicare sys- they are saying is, ‘‘My goodness, have done the most responsible thing tem that we have today. A medical sav- you’re being far too timid.’’ you could do, if you have a chance to ings account option, if available, would In fact, in the Medicare numbers participate in this great democracy at have saved my aunt and uncle $10,000 in alone, when you tell people we are this level, and that is change the rea- the last 3 years and would save the going from $161 billion to $244 billion, son we got in debt. government a great deal of money. as a matter of fact, in one of my town Let us talk a minute about not just Here is how it would work. The aver- meetings I had some school children, how much we spend on Medicare but age senior citizen gets about $5,000 a and I went through that fairly slowly the improvements we have made to year from the Federal Government on with them. I said, ‘‘Now, if you go from make sure that, one, it does not go Medicare. We are going to take a por- $161 billion to $244 billion, is that a cut broke, and two, that we will have a tion of that money, the vast portion of or is that an increase?’’ They all Medicare system for our generation. that money, and put it into a medical looked kind of funny and said, ‘‘Well, What we have tried to do is we have savings account and do something real- that’s an increase.’’ And I said, ‘‘You’re looked at the private sector, which is a ly extreme, we are going to let my right, but sometimes in Washington new and novel idea up here, instead of aunt and uncle manage their own that’s called a cut.’’ looking to another bureaucracy and to health care and take care of the Then I go through the numbers again another agency and building more money. They can take out of that ac- with some of the seniors and I say that buildings in Washington, we have count about $4,000 and buy a cata- we are going from $4,800 average per re- looked outside the institution itself, strophic health insurance plan that cipient, because there are going to be outside the Beltway, we have looked in will be sanctioned by the Federal Gov- more senior citizens in 7 years, we the heartland of America and we have ernment, that will take care of their know that, but from $4,800 to $7,100. found out that there are some great health needs as Medicare would for any That is not a cut. That is a big in- ideas in health care. Let us create illness over $10,000. They will have a crease. some of those ideas and give options to catastrophic health insurance plan I think again when you are talking senior citizens, something new and bought by the Federal Government, to people who have common sense, novel in Washington also for people not money out of their pocket. There whether it is in South Carolina or Con- who rely on the Government to have a will be $1,000 left over, and the game necticut or Minnesota or Florida, any- menu of things to choose from. goes as follows. From zero to $10,000 is where around the country, people rec- As a Congressman I think we have 3 the game that they are going to be ognize that these are significant in- or 4 health care plans to choose from. willing to play. In my aunt and uncle’s creases, and if anything we are prob- Mr. SHAYS. We actually have 10 pro- case, in the last 3 years, they have ably being far too timid in our budget grams we can choose and then vari- never spent over $450 to go to the doc- changes. ations within those programs, so we tor or to the hospital. They have been I yield to the gentleman from South have lots of choice and we want seniors lucky. They have taken care of them- Carolina. to have that same choice. selves. Under the medical savings ac- Mr. GRAHAM. I thank the gentleman Mr. GRAHAM. Let me give one op- count plan, $1,000 would be left over in very much. I have got to let the gen- tion that would be put on the market if this account. They could use it to man- tleman from Connecticut [Mr. SHAYS] our bill passed. It is called a medical age their health care needs. That $1,000 come in on us in a minute. savings account and I am going to would have taken care of every medical We are talking about how much apply it to two people I know and bill they have had. They would have money we are spending over the next 7 love,my aunt and uncle. When my par- had no out-of-pocket expenses, they years on Medicare, Medicaid, and wel- ents died, I was about 21, I had a sister would have saved over $10,000 over the fare. But let us look at the reason why who was 13, we were taken in by an last 3 years and the Federal Govern- we have spent so much money in the aunt and uncle whom I am very close ment would have saved money. Why past. Why is Medicare growing at 4 to. They worked in the textile industry should that option not be available and times the private sector? all their lives in South Carolina. I if they did get sick, if they did have a We have increased spending over I doubt if they ever made over $8 an hour catastrophic illness, they would have think the next 7 years by 63 percent. A but they had a good job and proud to been able to opt into another plan. lot of money is going to be spent on have the job. They are retired now, Mr. GUTKNECHT. We are doing some senior citizen health care at the Fed- been retired about 3 years. They live remarkable things. What we are talk- eral level. But if you want to get the off Social Security, they have Medicare ing about with Medicare—let me jump budget balanced and you want to keep as their primary health care, and they in, and I want to yield to the gen- it balanced, you better start now and have a paper route. They are healthy tleman from Florida [Mr. MICA]—we you better start with entitlement re- seniors and God has been good to them. are talking about using market forces, form. Senator KERREY, a Democrat, But under the current Medicare sys- personal responsibility, and competi- said in his commission report that if tem, they have about $46.10 taken out tion to help control costs. It works ev- nothing changes in the next 17 years, of their Social Security check. That is erywhere except in Federal programs. the entire Federal revenue stream, all their part B premium. That money is That is what we want to experiment the money coming to Washington, will taken out of their check and it is taken with. be consumed by entitlement spending out of Ross Perot’s check if he happens I yield to the gentleman from Florida and interest payment on the debt. That to be Medicare eligible and it goes into for a quick minute, as well. there will be no money for the Depart- a fund and it pays doctor bills for sen- Mr. MICA. I wanted to comment, and ment of Defense. That is how quickly ior citizens, 30 percent of the doctor I thank the gentleman for yielding. I the interest element and entitlement bills. All doctor bills paid under Medi- come from the State of Florida. We March 12, 1996 CONGRESSIONAL RECORD — HOUSE H2103 have a very large elderly population wealthier to pay more, but we are in Congress, this Republican Congress, that rely on Medicare and some who that instance, and that makes sense. under Speaker GINGRICH and the Re- rely on Medicaid. In fact, if you just Most importantly, we are allowing publican leadership, has done every- spend a minute and look at what has for choice in the program and provid- thing possible to turn back the clock been going on in a State like Florida, ing for the kind of innovation you and or try to turn back the clock on envi- for example, the Miami Herald did a others have talked about. In this way ronmental protection. The President story last year and identified in Medi- we are trying to work to save the pro- was in New Jersey because of this con- care $1 billion worth of waste, fraud, gram from bankruptcy and to make cern over the Superfund Program, and abuse. sure it can continue for future genera- which is used by the Federal Govern- I sat on one of the other subcommit- tions. ment to try to force polluters, those tees in what was Government Oper- Mr. GUTKNECHT. I yield for one last who caused hazardous waste sites, to ations that oversaw Medicaid. We iden- minute to the gentleman from South clean up their pollution, to spend the tified about $1 billion in Medicaid in Carolina. We are just about out of money to do it, and where the polluter Florida in fraud and abuse. One of the time. The clock is ticking. cannot be found or the polluter is cornerstones of the Republican plan is Mr. GRAHAM. Welfare as you know bankrupted or the corporation has to create some penalties, to root out it, we want to change it. One key dif- ceased to exist anymore, the Federal waste, fraud, and abuse. ference, President Clinton’s welfare Government steps in to do the cleanup That is the main, major change we bill says you cannot stay on welfare for itself. have proposed. People can still stay on more than 60 consecutive months. You The President was highlighting the Medicare. We do offer choices. But, can get off for 1 month or 1 day, and fact that under the Republican leader- again, we must address the problem of have 60 more months waiting on you. ship’s proposals and the vast cutbacks waste, fraud, and abuse. Our bill says 2 years, 5-year lifetime, that they have made in appropriations Let me talk for a second, too, about big difference. or spending for the Environmental Pro- nursing homes. The proposals that the Mr. GUTKNECHT. I thank everyone tection Agency, a number of Superfund Republicans have advocated, we pro- for joining us tonight. As we started sites in the State of New Jersey will vide some change there, also address- with Winston Churchill’s quote, ‘‘Truth not be cleaned up this year. In fact, the ing fraud. is incontrovertible. Malice may deride many shutdowns of the Federal Gov- But the other major change we have it, ignorance may attack it, but in the ernment which affected the EPA at that affects the folks in Florida is, we end there it is.’’ many Superfund sites, the cleanup has are not advocating lessening of regula- Mr. SHAYS. If we can end with Mr. either not occurred or was slowed down tions or wheeling people out on the Rabin’s quote that, ‘‘The politician is completely, in many cases at a consid- street from nursing homes. What we elected by the adults to represent the erable cost to the Federal Government. have said is we should give people some children.’’ And what he was saying is that this more compassionate, some more cost- Mr. GUTKNECHT. We have a moral cannot be allowed to continue, that we effective alternative. Right now people responsibility to make sure we pre- cannot allow this Republican leader- have to divest themselves of any sav- serve this last best hope. If we do not ship to turn back the clock on the ings. They must expend all their sav- make some changes, whether in Medi- Superfund Program to make it so that ings and basically go on this program care entitlements, the way the Federal our environmental laws are not even for the poor or transfer their savings to Government spends money, we are enforced for lack of money to hire peo- their relatives. going to leave our kids a legacy no one ple to do the enforcement, which is es- can be proud of. If we continue down sentially what is happening. b 2100 the same path, continue to do the same Now today, our environmental task Once they have done that, they lie, things, we are only going to get the force on the Democratic side, we have cheat and steal in some cases to get on same kind of results. a task force that is trying to address the programs or divest themselves of I wish we had more time to talk environmental concerns and point out life savings. And then what do we do? about the President’s budget. Recently how the Republican leadership is cut- We give them one choice. You go in a he gave it to us. It is 20 pages, now, not ting back and turning the clock back nursing home. a whole lot of detail, but it really, you on the environment. Well, our Demo- What we said is why not allow the el- know, back in January he said that the cratic task force issued a report based derly to live with their families, pay era of big government is over, but on on a hearing we had a few weeks ago. for some attendant care. It could cost the other hand, when you take a look The report, which I have here, shows one-third, it could cost 20 percent, and at the budget and get the facts about dramatically the impact of the budget they could live with their families. this budget, you start to see that that cuts that the Republicans have put for- Why not, in fact, give some alter- obituary may have been written pre- ward on the environment. natives they they could stay in their maturely. What it shows, essentially, is that own home and not be forced into a f the Republicans are trying to hide a nursing home, and we live longer and very dismal record. Anti-environ- can live longer by ourselves with a lit- CUTTING ENVIRONMENTAL mental legislative riders have been at- tle bit of help from our friends rather PROTECTION tached to appropriation bills, dis- than this one forced option that we are The SPEAKER pro tempore (Mr. proportionate budget cuts have tar- forcing. So we can and we should make METCALF). Under a previous order of geted environmental programs, and a difference for the elderly. And these the House, the gentleman from New curbs on enforcement activities have are the choices we hold out for them. Jersey [Mr. PALLONE] is recognized for been widespread, which let polluters off I thank the gentleman. 5 minutes. the hook and sends the cleanup bill to Mr. SHAYS. If the gentleman would Mr. PALLONE. Mr. Speaker, I rise the taxpayers. yield, just to close the loop on both tonight because of my concern over We talk about, in the report, how the programs, the bottom line to our Medi- some of the statements that were made Republicans have specifically targeted care plan is we do not increase by my colleagues on the Republican environmental programs for particu- copayments, we do not increase side during this last 1 hour where they larly deep budget cuts. In other words, deductibles, we allow the premium to talked about the Republican cuts, we know that we have to spend less and stay at 31.5 percent, we provide choice. budget cuts on the environment and we have to downsize the Federal Gov- It is true, we ask the wealthiest of the changes that the Republican lead- ernment, but the Environmental Pro- wealthy to pay a higher part for the ership have proposed with regard to en- tection Agency has received a dis- premium for part B. I think sometimes vironmental protection. proportionate share of these overall Republicans do not like people to know Particularly, reference was made to cuts. Overall funding for the EPA was we are asking the wealthy to pay more, the fact that President Clinton was in cut by 21 percent. Pollution enforce- and Democrats do not want people to my State, New Jersey, yesterday and ment, the cops on the beat, the envi- know Republicans are asking the was highlighting the fact that this ronmental cops on the beat, have been H2104 CONGRESSIONAL RECORD — HOUSE March 12, 1996 cut by 25 percent. What that means is the age of 20. That astonishing reality and families who care the most about that you have these environmental should be alarming to all Members of the greatest need to influence these laws on the books but you do not have Congress and to all citizens of our young people. any way of enforcing them. The pollut- country. More importantly, the cur- I am delighted to have several people ers know if no one is out there watch- rent debate on welfare reform is accel- to join me today, and Congresswoman ing them and they continue to pollute, erating the need to address the issue of MEEK of Florida is going to share some discharging materials, violating their out-of-wedlock teen births. We want to of her remarks with us. water discharge permits, discharging end welfare as we know it, all of us say, Mrs. MEEK of Florida. Mr. Speaker, I into waters and harbors, they do what but we do not want to replace it with am very pleased to bring the subject of they think they can get away with. welfare as we do not want to know it. teenage pregnancy to the conscious- I would venture one other thing we We do not want to enact legislation ness of everyone in this Nation, and I found in our report and found in the that leaves a policy of national aban- think this special order you have to- forum, the cuts in environmental en- donment. night will take us a long way to doing forcement do not save money. In other As we consider solutions to this that and having people aware of what words, the Republican leadership ar- issue, we must keep in mind no other is going on to some of our best and gues if we cut back on this environ- industrialized nations with the stand- most valuable resources, and that is mental enforcement, somehow we are ard of living comparable to the United our teenagers. going to save money. States has a problem of this dimension. We all know that statistics show us Nothing could be further from the On the problem of teenage pregnancy, that the baby boomers now have pro- truth. I mean, essentially what hap- we have the dubious distinction of duced a new crop of teenagers, much pens is that the environmental cop on leading the world. larger than the baby boomers’ popu- the beat, if you will, those who go out In January, the national campaign to lation itself, so we are beginning to there to find the polluters, they do not prevent teen pregnancy began. This have more and more of the problems find them, they do not issue them sum- campaign is a privately funded non- which you have described here. monses and, as a result, no fine is in- partisan effort. The goal of the cam- Tonight I am going to take a few curred and the Treasury actually loses paign is to reduce teenage pregnancy minutes and just talk about what is money because they are not penalizing rate by one-third by the year 2005. The happening in the State of Florida. Most the polluters. mission of the campaign is to reduce people know about Florida as a beau- In addition, a lot of times, when pol- teenage pregnancy by supporting val- tiful tourist State. They know about it lution takes effect, it costs even more ues and stimulating actions that are as the State where the Sun shines all money in the long run to clean it up, consistent with a pregnancy-free ado- the time. They know about it as being whether it is the water, whether haz- lescence. In order to accomplish this a very warm climate. ardous waste, whatever it happens to mission and reach the goal, the cam- The one thing people do not talk be, so the bottom line is it costs the paign will first work to raise the about a lot in the State of Florida is Federal Government more money in awareness level concerning this crisis. that our rate of teenage pregnancy is the long run. The campaign will reach out to na- growing. Our rate of AIDS is growing. Some of the previous speakers on the tional media to help raise awareness As a matter of fact, we are in the top Republican side also made the argu- and to attract the interest of national five in this country as far as AIDS and ment we do not need the Federal Gov- leaders and organizations. It is critical teenage pregnancies. It is something ernment involved in all of this enforce- that our Nation take a clear stand that many of us as policymakers have ment activity because the States can against teenage pregnancy and that been afraid or maybe a little reluctant do it. I think the gentleman from Flor- the position be widely publicized. to address as being a problem. But ida mentioned that almost every State Enlisting the support of the State until we change some of the policies, or every State now has an environ- and local media will be a vital part of and I think that is where you are on mental protection agency or something this outreach to strengthen the knowl- your way to changing some of the poli- like it. But the reality is that the Fed- edge base and to educate the public on cies which underwrite what we do with eral Government sets preliminary this issue. These actions will force a our wonderful teenage children, cer- standards, whether it is clean water, national discussion about how reli- tainly we will keep going the helter- clean air, hazardous waste cleanup, gious, cultural and public values influ- skelter way as we are doing now; that whatever it happens to be. Without ence both teenage pregnancy and the is, one State may have a very strong those Federal standards in place, many way our society responds to the di- policy, another one may have very lit- States simply have not historically es- lemma. tle, and another one may have sort of a tablished standards similar to the Fed- The campaign’s second focus is to en- lukeworm policy. eral ones. So I just wanted to point out courage and to stimulate innovative I guess what we would like to see is we could talk all night. Of course, my solutions through local schools, that this country would face this as a time is up now. I just wanted to point churches, civic groups, as well as local problem, not to sweep it under the rug. out this fact. This Republican leader- and State officials. The campaign does Policymakers would no longer be ship is turning the clock back on the not advocate any plan other than com- afraid or a little concerned about the environment. I am glad the President munity involvement. Each community political incorrectness of addressing came to New Jersey to point that out would determine what would be appro- this problem. priate and acceptable based on a com- today. b 2115 f munity’s standards and values. Let me again emphasize the national campaign Just to look at the social signifi- PREVENTING TEENAGE encourages community involvement, cance of teenage pregnancies in Flor- PREGNANCY but it does not recommend any plan of ida, and I am talking about births by The SPEAKER pro tempore. Under action. Again, each community would teenagers who are 18 years or younger the Speaker’s announced policy of May determine the action appropriate for in the State of Florida, if you will no- 12, 1995, the gentlewoman from North their community plan. The parents, tice, this particular, I call it an epi- Carolina [Mrs. CLAYTON] is recognized families, churches, teachers, Scout demic, is almost a pandemic. But it is for 60 minutes as the designee of the leaders, community members who an epidemic in that some groups of minority leader. know these teenagers best would deter- teenagers, who once did not even have Mrs. CLAYTON. I have several of my mine what kind of program their com- this problem, are now beginning to colleagues who will participate with munities could use to help their young show an advancement in their teens me on this special order as we are talk- people avoid teenage pregnancy and be- whether they are white or black or any ing about the special order on prevent- coming teenage parents too early. other ethnic group. ing teenage pregnancy. I think you will agree these decisions However, because of the policy relat- Mr. Speaker, 30 percent of all out-of- should be made by the community and ed circumstances with minorities, wedlock births are to teenagers below at the community level by individuals teenage pregnancy incidence is much March 12, 1996 CONGRESSIONAL RECORD — HOUSE H2105 higher than it is among some other Then the developmental kinds of but basically she felt education was ethnic groups, particularly with services that are needed for the babies one of them. nonwhite teenagers. The growth in which are already born with a strike In addition to the educational part of Florida since 1991, there were 8,274 against them, and that is like the spe- abstinence, other educational programs teenage pregnancies. But now it is re- cial education, costs $939 million. That of conception are also needed in that duced a little bit because of some of is a lot more money, because these area. They have been successful in the many things we are trying to do in children who were born into the bodies maintaining or reducing the second Florida to sort of alleviate this of young teenage mothers that are not birth, but not as successful in interven- problem. physiologically prepared costs this spe- ing early on. But I do not think we are doing cial social significance. So I think there is much we can learn enough teaching and education and Then there are the developmental from the Florida experience. I cer- teaching youngsters that abstinence is services, $6.8 million. That is why it is tainly want to express sincere appre- the best policy. I go to the age-old dic- so very important, when you look at ciation for the gentlewoman sharing tum that we were taught, that that AFDC, at least 8 percent of the 8 years that with us this evening. was the only way to prevent teenage of age spends 14 percent in food stamps. The gentlewoman from Texas [Ms. pregnancy. Now we say safe sex, we say If you take 2.5 years, 14.9 percent, and JACKSON-LEE] is with us, and I appre- a lot of things. But I think perhaps we 8 years for 14 percent, the food stamps ciate her joining us. Ms. JACKSON-LEE of Texas. Mr. may have to go back to some of the for 10 years would cost $129.8 million. Speaker, I thank the gentlewoman for age-old policies of combating this, that These figures are statistically correct, yielding. Let me thank the gentle- being not forced, but supported by a but many times a lot of these figures woman for her leadership on this issue State policy. do not include all the youngsters that and bringing to the focus of America It costs a lot. Teenage pregnancies go through the teenage pregnancy syn- the importance of supporting the Na- cost Florida a lot of money. In doing drome. tional Campaign to Reduce Teenage so, it takes away some other programs Medicaid in Florida ran up $40.8 mil- Pregnancy. I join the gentlewoman in that need the same kind of financial lion because of the teenage pregnancy the support. assistance. problem. The crime, not including the I support the National Campaign to The regular prenatal care and deliv- cost, that is $2.6 million. Reduce Teenage Pregnancy, especially ery of teenage babies costs the State of So I think that education is a key to enlisting the aid or help of the media, Florida $15.3 million. Now, think in our problems with teenage pregnancies. because teen pregnancy and too early terms of the health care delivery sys- I do not think that it can be done alto- teen births impact the teenager’s tem in Florida. If this money could be gether in the school. It is a problem in health, education, and long-term self- placed toward fighting some of the the home, the school, and the commu- many other health problems in Florida, sufficiency. nity. There is a lot to be done, a lot Educational attainment and poverty then certainly we would have had that can be done, because right now many of money to put in that pot. are related to adolescent child bearing. the teenagers do not understand what Also in Florida, teenagers who have One million teenagers become pregnant makes them pregnant as well as how to babies usually are at-risk babies. The every year, and most of these preg- prenatal care is much higher than a take care of a baby born to a teenage nancies are unintended. A lot of it regular adult having a baby. So these mother. There are a large percentage of comes from the lack of information teenagers bring with them certain defi- them born in Florida to teenage moth- about one’s body, a lack of sex edu- ciencies. One is that, with many of ers. In 1994 it is 13 percent of the babies cation information, and the youngster them, the babies have to be treated were born to teenage mothers, and the is simply a child guided by the words of through neonatal care. That has a very teenage birth rate was very high as her peers, or maybe the individual that high price tag on it. No matter what well. Repeat births was like 23 percent has enticed her into a sexual act that you say, these things cost money, and in Florida. I can go on and on. results in the pregnancy. we must do our best to prevent them. I guess the point I am making here is We have heard much about the social Just take the at-risk prenatal care that teenage pregnancies have a high cost of teenage pregnancy in terms of that Florida spent in 1994 for teenage cost attached to them, not only in the welfare and Medicaid. One-quarter of pregnancies; $16.4 million was spent problems to the teenage mother her- teen mothers live below the poverty just for the prenatal care. This has self, but to the baby. level. But there is also a psychological nothing to do with those who repeat Regarding the impact of the teenage cost. There is a cost in the future of and have a second pregnancy after the mother’s baby, as it brings forth many that young mother and the future of first one. things which, I think, if properly edu- that child. The emergency room and hospitaliza- cated soon enough and the intervention Advocates for Youth have estimated tion is $1.7 million, prenatal intensive is made soon enough, something can be the annual public cost in 1992 for care, $10.8 million. My hospital in done. AFDC, Medicaid and food stamps at- Miami, the public hospital, has a very Florida has a lot of good programs tributable to families begun when the high cost of parental intensive care. and is fighting this problem. But we parents are teens are $34 billion. I Also, there is neonatal intensive have not come to the point yet that we imagine that also includes the cost of care. Per client it costs more than any are able to stop that first child. Usu- the prenatal care that they do not get other care. In addition to that, many of ally through education and through really and the neonatal costs that they them during the first year of life must programs, we are able to slow down the have when the babies are low birth rate be rehospitalized, because you remem- rate of the second baby. But we still babies. ber the teenager’s body is not as strong have problems with the first. However, if we want to address the and not built for pregnancy as the I think it is important that you issue of teen pregnancy, then we must adult’s body. So that is a problem. brought this to our attention tonight, assist teens with a multidimensional Then what happens when a lot of and I think we have to really put more program that provides reproductive teenagers have a lot of youngsters? focus on it. We need to look at it be- health information and access, as well Then there is the cost of special edu- cause it is interlinked very closely as teaching teens to communicate with cation. Up until the time they are 14 with Medicaid, and it is going to cause their partners and their parents. And, years of age, that carries with it a a problem which many of my col- yes, I wholeheartedly support the great cost. I do not think I am trying leagues have talked about. I want to teaching and communication of absti- to say that this is cost prohibitive. I thank you for bringing this to our at- nence and the ability to build one’s am saying the money the State of Flor- tention. self-esteem around the ideas of waiting ida spends with teenage pregnancies, Mrs. CLAYTON. I want to thank the and looking forward to a future and the which are usually low birth weight ba- gentlewoman from Florida for bringing availability and ability to raise one’s bies which need neonatal care, which up the Florida experience. Just to em- child with the best resources possible. need very strong prenatal care, that it phasize, the gentlewoman shared that Prevention of at-risk teen behavior costs a lot of money. indeed there are a myriad of solutions, should include attention to educational H2106 CONGRESSIONAL RECORD — HOUSE March 12, 1996 and employment opportunities. All of nity and have seen the neonatal unit education and access to contraception, us should be concerned when with these very low birth weight ba- along with the emphasis of education intergenerational teen motherhood af- bies. Loving as they are, and your and prevention and certainly absten- fects the long-term chances of teen- great desire to love them and care for tion. agers and their families. them and cry for them, we also recog- The media must take responsibility I believe that teenage pregnancy pre- nize that we are in some way diminish- for the explicit images of sexual activ- vention must be targeted at both boys ing their quality of life by their low ity that our children see on a daily and girls. That is a very important birth rate. Because of the lack of pre- basis. Might I add, even the media that point. I have found times when we have natal care, many of them are born to shows television programs during the spent time with young men, it is very our teen mothers. hours that you think young children valuable time, to inform them that it This is something that, if for nothing are safe, during the 6 to 8 hours, maybe is their responsibility too; that their else, for that child that we want to 6 to 9, the media has to take respon- manhood is not intertwined with the bring into this world, giving he or she sibility without enforcement and with- creating of a life, and that that life the most that we can give them, that out regulation to do that. I am very then becomes dependent on them, and we should emphasize this effort with glad that we have at least passed legis- their future opportunities may be respect to teen pregnancy. The com- lation that will give parents the V-chip shortchanged because of the respon- bined costs of maternity care and new- to ward off violence, but it will also sibility to this wonderful new life. born care for these teen births in allow them to ward off unnecessary Treating teen pregnancy as if it is an Texas, as I said, some $330 million-plus. sexual activities. issue that affects only young girls is In my district in Harris County, TX, The Internet, we must be concerned shortsighted and is unlikely to be ef- in 1994, there were 3,598 births to teen about that, as we saw sexual connota- fective. Adult men are frequently the aged 11 to 17. The estimated cost of ma- tions and messages coming across the fathers of children born to teenage ternity and newborn care for these teen Internet. We must be diligent as par- mothers. I hope that the link between births in Harris County alone was ents and guardians of our children to sexual abuse and teen child bearing are $23,102,758. Just a couple of weeks ago ensure that they are viewing the right also examined by the National Cam- we saw the emphasis on teen pregnancy messages, and the media must help us paign to Reduce Teen Pregnancy. That in Texas take national status when it do that. is certainly an issue that I am hoping was thought that a 10 year old was on A discussion of the postponement of to address in my district. the run who was about to give birth to sexual activity should be coupled with I urge the media, parents, educators, a child out of wedlock. We now find out developing teens’ communication skills and all those who care about children it was a youngster of 14. But just the and partners and parents. Finally, teen to talk with our young people about horror of it and the thoughts of young- pregnancy must focus beyond the sex- abstinence and postponement of sexual sters having children, and that does ual activity of adolescence. When we activity. Teen mothers have approxi- occur in my community. talk about at-risk teens, we need to mately a 60-percent chance of graduat- confront the environment which our b 2130 ing from high school by the age of 25. young people are growing up with. Remember now, a 60-percent chance of Let me applaud, however, the school When we see how early teen pregnancy graduating, way beyond the normal districts, particularly HISD, who have can impact our children’s educational graduation time, but maybe by the age several schools that deal with pregnant attainment and long-term self-suffi- of 25, and only 60 percent, compared to teens and teens that have had children, ciency, we need to confront this na- 90 percent of those who postpone child and in particular, they provide child tional issue of adolescent pregnancy bearing. care for those teens. But they also ex- and help our children flourish and de- African-American and Hispanic teens pressed to me the difficulty of keeping velop their full potential. who delay child bearing to age 20 are 3 those teens in school and again ensur- It is key that we support this na- to 5 times more likely to attend col- ing that those children are getting the tional campaign. It has to be combined lege as their counterparts who do not best protection and help that they pos- with schools and churches, religious in- delay childbirth. Again that goes back sibly can, both the child that has had stitutions, parents and nonparents, to the quality of life of that new life the newborn and the newborn, of volunteers and community-based that this young parent would bring course. groups and youth support groups, so into the world, the ability of taking It is encouraging that the pregnancy that we can in fact make sure that this care of that child, and warding that rate among sexually experienced teens is an effective effort, Congresswoman child away from the ills of life, the so- has declined 19 percent in the last two CLAYTON, and it is one that I accept the cial ills, the lack of getting an edu- decades, but there remains much that challenge of your leadership, but as cation, drugs, the lack of self-esteem we as parents and friends of teens must well as this national campaign, one because they have not had the nurtur- do if we truly care about our young that I know that we will be working ing and care that would come about people. with our community leadership in the from a more mature parent. I would also like to applaud the teen 18th district in Texas and Harris Coun- For an African-American family in clinic in the hospital district supported ty to make sure we continuously work which the mother began child bearing by Baylor College of Medicine. That to put our young people first, but to before the age of 16, the average in- has been an outstanding light, Con- ensure that they provide a good quality come is only 96 percent of the poverty gresswoman CLAYTON, in prevention of life for the newborn child. level, not even the poverty level, but measures, in encouraging young teens Mrs. CLAYTON. Well, I want to only 96 percent. The average income to look differently or in another direc- thank the gentlewoman from Texas for rises to 236 percent of the poverty level tion, and certainly after the first child, that very substantial statement, and if she is between 26 to 27 years of age to discourage them from a future birth also for her sharing what she under- when her first child is born, and 275 until they get their education and se- stands to be a very interrelated prob- percent if she postpones child bearing cure a marriage partner and have the lem that is not purely one approach. It past the age of 27. opportunity to provide for that young is a holistic approach. We have to be I am concerned about teen pregnancy child or that newborn. engaged from various sectors, and to because too-early births impact the There is no one program, however, recognize the value of having good pro- teens and families in my State. In that will work for all teenagers. When grams in the high school and good pro- Texas there were 52,859 births to those we look at the teen programs which grams to encourage people, the young age 12, underlined, age 12 to 19, in 1994 have been effective, the teen pregnancy people, not only in terms of sex edu- alone. The combined cost of maternity prevention programs have approached cation but their self-esteem. care and newborn care for these teen this social and personal issue holis- You know as I know, young people births in Texas was $339,407,639. tically and comprehensively. That is who feel that they have a future are I have visited the Lyndon Baines the key. Adolescent pregnancy preven- going to not risk being an early parent. Johnson Public Hospital in my commu- tion must include reproductive health, So we have to give hope, we have to March 12, 1996 CONGRESSIONAL RECORD — HOUSE H2107 give that, and I am delighted that you The organization goes on to report because of the misguided priorities in are going to do your part in raising the that early childbearing has an impact some of our budget initiatives. The re- awareness and giving that positive on the economic status of teens by not cently passed omnibus appropriations message to young people in your dis- only affecting job opportunities and bill targeted the Summer Jobs Youth trict. I applaud you for what you have marital options and family structure, Program for elimination, and dras- done already, hope that you will con- but particularly because of the effect it tically reduced Head Start youth train- tinue that effort. Thank you for par- has on education. In fact, across all ing and school-to-work activities. If ticipating. ethnic groups, delaying childbirth by our goal is to eliminate the obstacles Ms. JACKSON-LEE of Texas. Well, I just 1 year leads to significant im- that young people face and instead pro- thank you very much, and I think that provement in subsequent economic vi- vide them with opportunity, these pro- as I close on one point, you raised a tality. grams must be fully funded. very valuable point. I will close on Not only does teen pregnancy affect Again, I would like to thank Rep- this. When that teen has that first the teen, but it also affects the entire resentative CLAYTON for inviting me to child, we should not abandon them, be- community. Teen pregnancy preven- participate in this special order, and I cause we can still work with them to tion has been a priority in my State of look forward to working with the na- stem the tide or stop any additional Virginia because we have long recog- tional campaign on the important issue births. nized the devastating effects that early of teenage pregnancy prevention. Mrs. CLAYTON. Absolutely. childbearing has on teens and their Mrs. CLAYTON. I want to thank the Ms. JACKSON-LEE of Texas. We children and also on the community. gentleman from Virginia, to say appar- should continue to keep them in the Representative JACKSON-LEE and ently Virginia may be leading the way, system, as well. Representative MEEK both indicated and hopefully we can share some of Mrs. CLAYTON. We should stop a na- that teenage pregnancy caused ex- your positive and effective programs tional policy of abandoning children penses in their States. The statement that you have. We, too, in North Caro- simply because of the mistakes of their is true in Virginia. One study found lina are beginning that. There are parents, but we should not give up on that one-half of all of our AFDC case many programs like the Coalition to that parent themselves. loads, one-half of the people receiving Prevent Teenage Pregnancy, which in- Ms. JACKSON-LEE of Texas. That is AFDC, began their families with a teen deed has helped that. right. I also want to just reemphasize some- Mrs. CLAYTON. Because they made pregnancy. You not only have AFDC, you also have the related expenses like thing the gentleman said, and I under- the first error. We can still have them stood you to say that there are special turn their lives around. Medicaid and other social services, so we see that it is a very expensive prop- developmental programs that we need Ms. JACKSON-LEE of Texas. I think to have in place, too, if we expect we must do that. Thank you. osition for the community. As a result, in response to this we young people to be able to have posi- Mrs. CLAYTON. This is not just a de- tive opportunity, and those are after- bate with women and by women. It is a have developed several programs to educate adolescents on the issue of school programs. There is a summer debate that all people are joining, and training program, and these programs I am pleased to have the gentleman teen pregnancy prevention. These pro- grams function at the local level and need to be in place because there in- join this debate. We have the distin- deed is evidence and research that place their emphasis on mentoring, pa- guished gentleman from Virginia [Mr. when young people have idle time, and rental involvement, postponing sexual SCOTT]. we feel for them because there is a lot Mr. SCOTT. Mr. Speaker, I would activity, and the promotion of absti- of idle time is going to come in the like to first thank Mrs. CLAYTON for or- nence. summer, even when young people have ganizing this special order in support In addition, Virginia has a manda- idle time between 3 and 6, between the of the goals of the national campaign tory family life education curriculum time they get out of school and when to reduce teen pregnancy. Representa- in its elementary and secondary they go home, we know also that young tive CLAYTON’s efforts to highlight this schools. We have found that these pro- people need supervision. issue of teen pregnancy prevention are grams have been very instrumental in So we need to interject programs certainly timely as Congress continues reducing teen pregnancy, particularly where young people can get engaged in to debate welfare reform and children the programs that focus on education, that, and I think it is very helpful. and youth issues. increasing opportunity for our young Mr. SCOTT. You mentioned the time Mr. Speaker, last month I sponsored people, giving them something con- between 3 and 6, between the time they a public policy forum on health care is- structive to do with their time, and leave school. It is also the time, 6 is sues confronting adolescents in the giving them adult guidance. As Rep- the time the parents finally come 1990’s. That forum was sponsored with resentative JACKSON-LEE indicated, home from work. the Advocates of Youth, a national or- those who feel that they have a future Mrs. CLAYTON. Right. ganization committed to public out- are not the ones getting pregnant. Mr. SCOTT. It is a time they are un- reach and education on adolescent We have found that these programs supervised. health issues. have been instrumental in reducing Mrs. CLAYTON. Right. The four panelists that were involved teen pregnancy and, thus, we have pro- Mr. SCOTT. Studies have shown that in that forum covered issues ranging vided Virginia’s youth with an oppor- during that time, a significant number from the increase in HIV/AIDS in the tunity to grow into adulthood without of pregnancies occur. We also found youth population to the current battles the burdens of early childbearing. that those who think they have a fu- surrounding family life education in These programs share the goals of the ture are less likely to get pregnant. school districts. Everyone who at- National Campaign on Teen Preg- Therefore, college scholarships and tended that policy forum agreed that nancy, and I enthusiastically support other activities designed to make sure today’s youth face greater challenges both efforts. those opportunities are available must than ever before. Mr. Speaker, I would be remiss if I be fully funded, and cutting back in The challenges presented by teen did not mention that there are pro- that area will increase teen preg- pregnancy can seem insurmountable in grams in place right now that have nancies. light of the correlation between adoles- been integral in reducing teen preg- Mrs. CLAYTON. My point is to sug- cent childbearing and education and nancy by offering teens the oppor- gest that young people, we want to in- economic attainment. According to re- tunity for success. These programs in- still responsibility in them and posi- search compiled by the Advocates for volve job training, summer jobs and tive behavior, but also there is a recip- Youth, the chance of graduation from other activities, other activities to rocal responsibility for society to high school increases by 30 percent for help them stay in school. make sure there are opportunities for teenagers who postpone childbearing, Unfortunately, Mr. Speaker, the work and career and positive develop- and among dropouts, teen mothers are Summer Jobs Youth Program, job ment there, and we in Congress can less likely to return to school than training, Head Start and other dropout play a part. Others also must play a others. prevention initiatives are now at risk part. H2108 CONGRESSIONAL RECORD — HOUSE March 12, 1996 Again, I want to thank you for par- old daughter, and it is hard for me to about how religion, culture, and public ticipating with that. I also know that comprehend a 15-year-old young girl values influence both teen pregnancy this is not just one-sided, it is not a describing the fact that nearly 40 per- and the responses to this dilemma. But partisan view. Republicans and Demo- cent of these young girls are saying most importantly we believe the intent crats have an interest in this, to pre- that they were impregnated by 20-year- of the National Campaign to strength- vent teenage pregnancy, and I am de- olds or older, and for 17-year-old moth- en the knowledge base, to educate, will lighted that my colleague CHRIS SHAYS, ers, 55 percent of the fathers are adults, be invaluable.’’ the gentleman from Connecticut, is and for 19-year-olds, 78 percent are the And your last paragraph: ‘‘The Na- joining me, and welcome your partici- fathers, are adults who have been in- tional Campaign to Reduce Teenage pation. volved in this relationship. Pregnancy should not be bound by poli- Mr. SHAYS. I am grateful to have You sent a letter that you circulated, tics, party or philosophy. The situation this opportunity, Congresswoman and hundreds of Members of Congress is urgent. By our endorsement of this CLAYTON, to participate in this very signed this letter, and I would love to letter, please note that we stand be- important dialog, and to salute you for read this letter for the RECORD. You hind you in the National Campaign. your taking the leadership and making drafted this letter to President Clin- The goal is ambitious, but it is within sure that we as a Congress begin to ton. You said: our reach.’’ confront what is an extraordinarily se- ‘‘Dear President Clinton, we write to And I would just salute the President rious problem for our country. applaud your efforts and those who for his establishment of this commit- I am here to salute you, to partici- have agreed to serve in the bipartisan tee, the appointment of Dr. Henry W. pate in this issue, and also to com- National Campaign to Reduce Teenage Foster, Jr., as the senior adviser. He pliment and to praise the President for Pregnancy. The mission of the Na- will be coming before our committee to begin that hearing, and we are grateful establishing the National Campaign to tional Campaign,’’ quote, ‘to reduce for his participation and for the non- Reduce Teen Pregnancy. I know that teenage pregnancy by supporting val- partisan approach which the President you circulated a letter, which I would ues and stimulating actions that are took in naming former Senator Warren like to read later in this special order. consistent with a pregnancy-free ado- Rudman, a Republican from New But first to tell you that as someone lescence is,’ end of quote, ‘‘one that Hampshire, the former New Jersey who is chairing the Committee on each of us supports, and the goal to,’’ Governor, Thomas Kean, a Republican Human Resources and Intergovern- quote, ‘reduce the teenage pregnancy from New Jersey, obviously, and the mental Relations, we are going to be rate by one-third by the year 2005’ is former Surgeon General, Everett Koop, having a hearing on this issue and will one that each of us endorses.’’ actress Whoopi Goldberg, MTV Presi- obviously be inviting you to help lead We are trying to reduce the preg- dent Judy McGrath, chairman of the that off. nancy rate in the next 10 years by one- executive committee of the Washing- It is incredible, the more I get into third. It seems to me obviously like a ton Post, Katherine Graham. I mean it, and candidly, I have not spent the goal that all Americans could unite be- this is a distinguished committee and kind of time that I should have, but to hind. one which I salute the President for think that up to 1 million teenagers be- You go on in your letter to say: ‘‘The forming. come pregnant in the United States, increase in out-of-wedlock childbearing and that 85 percent of those preg- And again, I thank you for giving me is alarming. Even more alarming is the the opportunity to, one, take a stand nancies are unplanned and that the vicious cycle into which pregnant teen- vast majority of mothers are simply on this issue, to announce that our agers are thrust. The young women, as committee, because of your work and unmarried, to think that teenage well as the young men, who become mothers are more likely to be impover- the work of others, will be holding teen parents have few expectations, few hearings to alert the Nation of this ished, go on welfare and never finish ties to community institutions, few school, to think what kind of future nearly desperate problem and to hope adult mentors and role models, and lit- they have for themselves and the prom- that we, as American citizens, can do a tle hope. Many live in communities ise that they have for their children better job of helping to have our young where crime and drug use are common who they grow to love dearly. kids, our young kids, have dreams and I think probably more than anything and where dropping out of school and hopes and to let them know that they else in my own childhood, what I value chronic unemployment are even more can always be parents, they can always the most was that my parents taught common. This is a very costly human have a child. They just do not need to me to dream, but my dreams were real- burden for our society.’’ have a child when they are in school. You then go on to say: ‘‘In addition, istic. I mean, I really felt I could meet They can grow to lead blessed lives, those dreams. It is hard for me to un- teenage pregnancies cause a heavy bur- and they can grow to mature as indi- derstand how a pregnant teenager, a den on the federal budget, especially viduals before they then try to help a young 15-year-old or 14-year-old who is Medicaid funds, one of the elements of young person grow as well. giving birth is able to think of dreams the budget that is spiraling. Food Kids raising kids is kind of insane, that get that individual, get her out of stamps and AFDC funds are also taxed and it is, I think, that history will look the welfare cycle and get her the op- by these young people is the dawn of back on our generation, look back on portunity to think of being able to live their lives. Indeed, teen pregnancy is a Congress, look back on the White what the American dream is, to think strong predictor of a new generation of House, not just this White House and of what it must be like for her chil- disadvantaged. As poverty is the most this Congress, but for the last few dren. accurate predictor of teen pregnancy, years and the last few presidencies, and teen pregnancy is a near certain pre- say we were really asleep when we b 2145 dictor of poverty.’’ should have been awake. I thank you I am stunned by the statistics that Your letter then goes on in three for this opportunity. say that adult males are the fathers of more paragraphs: Mrs. CLAYTON. I want to thank the approximately 66 percent of babies ‘‘We believe the approach to this gentleman for his very important re- born to teenage girls. I am talking problem that will be undertaken by the marks, but also for his important an- about adults impregnating young kids, National Campaign is correct. It is nouncement that his committee is the thought that, according to the U.S. critical that this Nation first take a going to have hearings on this subject New and World Report, that 65 percent clear stand against teen pregnancy which I think is going to be substan- of teenage mothers are unmarried, up and, in doing so, attract the interest of tial, adding to the debate in that you from 48 percent in 1980 and that, most more national leaders and organiza- will bring out a myriad of problems. importantly, that 39 percent of 15-year- tions. Enlisting the support of the na- One of the problems you identified in- old mothers say the father of their ba- tional media in supporting and stimu- deed is adult males having some liabil- bies are 20 years or older. Fifteen-year- lating State and local action are nec- ity and responsibility for this whole old kids. essary steps in the effort to reduce teen problem, and we have not been focusing I have a 16-year-old daughter, and it pregnancy. These and other activities on that. So I am looking forward for is hard for me to comprehend a 15-year- will help to foster a national discussion the deliberation and thoughtfulness. March 12, 1996 CONGRESSIONAL RECORD — HOUSE H2109 Mr. SHAYS. I look forward to work- called south central Los Angeles, to we do this, I think we can do some- ing with you and other Members of Selma, AL, the commemorate the thing about this problem. Congress. march from Selma to Montgomery. We Mrs. CLAYTON. I want to thank the Mrs. CLAYTON. And we are joined by did that because we found that most of gentlewoman from California in not the gentlewoman from California. I am them did not know very much about only participating, but also sharing ex- delighted to have Ms. MAXINE WATERS. their history, surprisingly, not a lot amples of her initiatives and what they Ms. WATERS. Thank you very much, about Martin Luther King, nothing do in Los Angeles to bring so much Congresswoman EVA CLAYTON, for your about the marchers, the work that had hope. leadership on this issue. I join with you been done. And in building this self-es- But she demonstrates one point. As and others in congratulating the Presi- teem, we think that that is very impor- we try to counsel young people, we dent for placing this very, very impor- tant, that they understand who they should not think that this is easy, or tant issue high on his agenda. I think are, the kinds of sacrifices that have not intensive, and is costly because we whether you are a Democrat or a Re- been made for them so that they could are dealing with troubled young people. publican, you cannot help but be con- be successful in a democratic society, We are not dealing with adults. So you cerned about the rate of teenage preg- and we think unless there is self-es- cannot use the same formula that you nancy. I understand over 1 million teem, people do not take responsibil- have in counseling adults in family teenagers are getting pregnant each ity, they do not feel comfortable, they planning. You have to raise the esteem, year here in this country and that this do not have the confidence, and there- you have to do development, you have rate of teenage pregnancy far fore many of their actions are irrespon- to have a myriad of opportunity. outdistances what is happening in sible until you are able to build self-es- And I think she raised another point, other advanced nations in this world. teem. is that as we are beginning to use the Mr. Speaker, I have tried to pay some So we are working very hard. This is whole teenage pregnancy issue in pur- attention to this issue, and when I but a drop in the bucket to what is suing the debate of welfare reform, we came to Congress a few years ago, I needed in this Nation to deal with this should not just do it as a political called Health and Human Services and problem. scapegoating of finding opportunity to asked them what could they do, using Mrs. CLAYTON. It is a good example hit at vulnerable children, we should some discretionary money, to come that you are sharing with us that oth- not have a national policy of abandon- into an area in my district where this ers can do as well. ing our children. is a problem and help us to create a Ms. WATERS. It is, and we are very b program to deal with teenage preg- pleased because we really are hopeful. 2200 nancy, at least find out what is going We are very, very optimistic about the Certainly as we move toward welfare on. And so Health and Human Services, possibilities for stemming the tide of reform, both sides say we want to re- along with Family Planning, did come teenage pregnancies. We believe that form welfare as we know it, but we into one of the housing projects in my you can create real prevention. It does should not move to welfare reform as district known as Avalon Gardens cost money, and some of the work that we do not want it. We do not want a Housing Project, and we were very for- is being done that has helped in this welfare system that, whether by acci- tunate that we were able to hire a area under the title XX is now threat- dent or on purpose, we have a national young woman who is greatly interested ened, and we believe that it is impor- abandonment of children by saying we in working with teen mothers, a young tant for us to say to everybody that, if will not support children if they are woman who has a background in work- you really care about this issue, if you born while the parent is on welfare. ing with troubled youngsters, and she want to do something to stop babies This is not to suggest we are has been doing an interesting job. from having babies, if you really want condoning it. We do not want it any We worked with males and females to get a hold of poverty in America, more than anyone else. But we under- between the ages of 12 and 25 years old, then we will invest some dollars to cre- stand that you cannot punish young and in the first year, after the first ate opportunities for these young peo- people by punishing their parents to year, we are very pleased to report that ple and recognize that many of them make them do the behavior you want no pregnancies or repeat pregnancies are from so-called dysfunctional fami- them to do. You have to give them a have occurred. Some of the young la- lies, families where they, they come reason, counsel them, and discipline dies that we worked with had already from one-parent families, where fa- them, and that discipline has to be borne a child, others had not, and we thers are missing, and the cycle, this with having them be responsible. hoped to prevent them from doing so. vicious cycle, continues because we I again thank all those who have par- And in the first year we have had no have done nothing really to break the ticipated. I look forward to continuing pregnancies or repeat pregnancies. But cycle. this debate, that our colleagues would it is very, very work-intensive. We find We know everything we need to know understand that everybody here has that the young people in the program, about poverty, and one thing we know something at stake. If we do not think both male and female, are looking for for sure is that when poor children bear we do, I think we are missing the op- attention. Many have very low self-es- children, that those children are going portunity to be responsible as Members teem. Many or all of them are poor. to be poor, and most likely those chil- of Congress, and we are missing the re- They have very few activities. They dren are going to be the school drop- sponsibility of being adults if we do not travel not far from their home in the outs. These are going to be the children raise this issue to see our role or our housing project. They do not interact with health problems. These will be the way of participating in bringing the in programs and projects outside of the children who will be caught up in pov- awareness out. immediate community. They have very erty and will not be successful. They This is not an issue that Congress little information available to them. will drop out of school because they are can do alone. This is an issue, obvi- When we started to work with them, being born into the same conditions ously, where we can make a difference. we found that very few knew much of that their parents were born into when But this is an issue where we have to anything about contraception. we do not break this cycle. encourage, as many of you have indi- And so the 15 to 20 people per day And so, EVA, I thank you for creating cated in your community, where we get that she is working with are now in- this opportunity for more discussion on many sectors of our community, volved in various kinds of activities. this issue. I think we must urge our whether it is the church, the home, Some are athletic activities. We have colleagues to get involved in this in a Boy Scouts, PTA, a variety. formed a men’s club, and we have been real way. This cannot be just a politi- Also, we have to understand that ab- able to create opportunities to take cal issue used during the campaign. We stinence is one of those things we them out of the community on some have got to commit ourselves to em- teach, but we also have to understand trips. I am pleased to say that some of bracing our young people, to providing we have to teach contraceptives and them were with us last week when we for them opportunities that have not family planning. The reality of where took a group of boys and girls, young been available, to provide resources to our young people are is that. When I men and women, from Los Angeles, so- get them out of these situations. And if was growing up, it was implicit that it H2110 CONGRESSIONAL RECORD — HOUSE March 12, 1996 was abstinence. Now we have to make are not among the primary reasons for the ris- We must implement pregnancy prevention it explicit, to make sure that is one of ing number of out-of-wedlock births.'' programs that educate and support school-age the things young people know that My opinion on the issue revolves around youthsÐ10 to 21Ðin high-risk situations and they have that option. three unanswered questions. First, if welfare is their family members through comprehensive But we reinforce that when we have fueling the growth in out-of-wedlock births, social and health services, with an emphasis opportunity that expands their future, they why do many of the States with the low- or pregnancy prevention. expands their horizon of dreaming. You est AFDC payment levels have some of the On average, it takes teens 1 year after be- can dream dreams when people make highest out-of-wedlock birth rates? Second, coming sexually active to receive family plan- that opportunity, the connection be- why have out-of-wedlock births increased as ning services. tween work, the connection between the relative value of welfare benefits have The pregnancy rate among sexually experi- education as a future for them. gone down over the last 20 years? And third, enced teens actually fell 19 percent from As Members of Congress, we ought to why do other nations with more generous wel- 1972±90, suggesting that teenagers who have consider in the whole budget debate, fare benefits have lower teenage birth rates? access to birth control and are motivated have what things are we doing that are dis- Teenage pregnancy is just one marker of been successful at preventing pregnancies. incentives for young people to stay in disadvantagedÐone result of growing up poor A recent study conducted by the Johns Hopkins School of Hygiene and Public Health school. I would submit that our edu- and poorly nurtured. analyzed the value reproductive clinics and cation budget is not one that encour- But, teen pregnancy is also a strong predic- other health care providers had when given an ages, that we are investing in edu- tor of a new generation of disadvantaged. opportunity to intervene and provide contra- cation. Certainly taking away the sum- The equation is as simple as this: As pov- ceptive counseling to a group of sexually ac- mer program is the wrong way to go if erty is the most accurate predictor of teen tive teenage girls before they became preg- we are talking about making sure that pregnancy, teen pregnancy is a near-certain young people are fully engaged during nant. predictor of poverty. The study shows that spending money on the time of the summer, but there are While one in four American children now counseling these teenagers could help reduce other programs that we can also do. live in poverty, a 1991 report from the Casey future pregnancies. Mr. Speaker, I thank all my col- Foundation compares the children of two Teenage girls seeking pregnancy tests are leagues who have participated in this groups of Americans: those who finished high already sexually active, so even the most de- special order. school, got married, and reached age 20 be- termined fundamentalist cannot claim that the As we consider how and where to reduce fore having a child and those who did not. clinics are telling these teens to have sex. spending, we must also not forget that teen- Of children in the first group, the poverty Unfortunately, clinics struggling for funds age pregnancies cause a heavy burden on the rate was 8 percent; in the second group the have a disincentive to serve teenagers who, Federal budget. poverty rate was 79 percent. by and large, cannot pay. Medicaid funds, food stamps, and AFDC Among teens, more births occur out-of-wed- In addition, counseling teenagers is quite funds are especially hard hit by the teenage lock today than occurred 35 years ago. expensive because they need more attention pregnancy problem. This increase in out-of-wedlock births can than older women. If we want to balance the budget, let us be attributed to the certain changes in mar- In the study, most girls who came for a test begin by working to bring some balance to the riage patterns, sexual behavior, contraceptive had reason to believe they might be pregnant: lives of thousands and thousands of our teen- practices, abortion, and the composition of the a late or a missed period. agers, involved in premature childbearing. teenage population. But, a significant numberÐalmost 14 per- A recent report to Congress on out-of-wed- Young men and women are increasingly de- centÐbelieved there was little chance they lock childbearing indicates that 35 percent of laying marriage but not sexual activity. Teens were pregnant. all out-of-wedlock births are to women over make three sets of choices about sexual be- One has to wonder why they came to the age 25; 35 percent are to women 20 to 24 havior and its consequences. clinic. Perhaps it was a way to get someone years of age, and 30 percent are to teenagers. The first is whether and when to start hav- that they could trust to talk to them. One objective of welfare reform, shared by ing sex. Devoting more resources to preventing teen both political parties, is to reduce teenage The second is whether to use contracep- pregnancy will not only save us money in the childbearing. Pending legislation on welfare re- tives. long run, but it will improve the health, edu- form, however, embraces an unreasoned ap- According to studies, in making the third cation, economic opportunities, and well-being proach to reduce the number of out-or-wed- choiceÐwhether to become pregnantÐthe of these young women and their families. Supporting the National Campaign to Pre- lock births, by denying cash benefits to unwed distinctions by income are dramatic. teenage mothers. In 1994, of all women age 15 to 19, 38 per- vent Teen Pregnancy is an ideal way to ac- This unreasoned approach is based on the knowledge the problem of out-of-wedlock teen cent are defined as ``poor'' or ``low-income''; of perception that the system has failed and con- births. I urge all of my colleagues, Democrats, these same women, 73 percent were pro- tends that any proposed change, no matter Republicans, and Independents to join in the jected to become pregnant. Of the 1 million how austere, must be a good change. campaign's effort. teens who become pregnant each year, about Thus, those who propose eliminating wel- f fare benefits to young unwed mothers argue half give birth, about 40 percent choose abor- THE 100TH ANNIVERSARY OF that their approach can't make matters any tion, and the remaining 10 percent miscarry. Once a teenager becomes pregnant there is SPARROW HOSPITAL, LANSING, MI worse than they already are. Such proposals appear premised on the be- no good solution. There is pain in adoption, The SPEAKER pro tempore (Mr. lief that if Government ignores teen parents, there is pain in abortion, there is pain and suf- METCALF). Under a previous order of they will go away or get married. There is little fering in giving birth and parenting a child. The the House, the gentleman from Michi- or no research to support such contentions. best solution is to prevent the pregnancy. gan [Mr. CHRYSLER] is recognized for 5 Reason, on the other hand, suggests that Young people who believe that they have minutes. even if the belief held true for some, there real futures to risk have real incentives to Mr. CHRYSLER. Mr. Speaker, I rise would be many young children and mothers delay parenting. That is why when we demand today to recognize the proud history left destitute. responsible behavior, we have a reciprocal ob- and accomplishments of Sparrow Hos- To have true welfare reform we must elimi- ligation to offer a real future beyond early pital of Lansing, MI, which celebrates nate the need to pay these monetary benefits parenting and poverty. its 100th anniversary on March 18, 1996. rather than just eliminating the funding. Reducing teenage childbearing is likely to In the spring of 1896, a group of young As I stated earlier, we want to ``end welfare require more than eliminating or manipulating women met at Lansing’s Downey Hotel as we know it.'' But we do not want to replace welfare programs. Experience tells us that to discuss the growing need for a com- it with welfare as we do not want to know it. threats and punishment are not the best way munity hospital in the developing cap- We do not want to enact legislation that leads to get teens to behave in a way that is good ital city. Armed with sheer determina- to a policy of national child abandonment. for them. tion, the 114 charter members of the An effort to reduce teenage childbearing is The most successful approach to reducing Women’s Hospital Association set likely to require more than eliminating or ma- teenage childbearing is to design policies and about to raise funds to buy the local nipulating welfare programs. procedures that are targeted to encourage DeViney House, located on West Ot- In fact 76 of the top researchers in this field positive developmental behavior through bene- tawa Street. Having just $400, they signed a statement saying, ``welfare programs ficial adult role models and job connections. were forced to rent instead. March 12, 1996 CONGRESSIONAL RECORD — HOUSE H2111 Not easily discouraged, these women new 104th Congress, this new Repub- same level of service. So then if you opened and operated an 11-bed hospital, lican majority. only appropriate and spend $103 mil- hired a doctor and a nurse, and donated Mr. Speaker, I said earlier in part of lion, Washington calls it a $2 million their own linens. a special order that former Prime Min- cut. As the needs of the community con- ister Rabin, the Prime Minister of Is- If it costs $100 million and you spend tinued to expand, so did the needs of rael, had said that politicians are elect- $103 million, how can you call it a cut? the facility. Expanding the operation ed by adults to represent the children. It is a $3 million increase. The argu- several times, the hospital was finally I am struck by the power of that state- ment is you have more people and you located on a plot of land donated by ment, because really what our task is have inflation, and so that is the base- Edward W. Sparrow—one of Lansing’s as Americans, certainly in government, line. Therefore, anything cut from the pioneer developers. is to leave this country better for the baseline is cut. I guess that is how you Edward Sparrow donated the land at generation that will follow. That is get these outrageous predictions that 1215 East Michigan Avenue and $100,000 what our forefathers did for us. They when we have voted on the budget that to build the new hospital. Two years founded a country and left it better for we have cut things like the earned in- later on November 6, 1912, the 44-bed us, and we have to leave it better for come tax credit. This is a payment Edward W. Sparrow Hospital opened its our children. that goes to a working person who pays doors. At the dedication ceremonies, it Mr. Speaker, we have three main ob- no taxes because they do not make was avowed that the purpose of the new jectives in this Republican Congress: enough to pay taxes, so they actually hospital was for ‘‘receiving, caring for This is to seek to get our financial get money from the Federal Govern- and healing the sick and injured, with- house in order and finally to balance ment. out regard to race, creed, or color.’’ our Federal budget, we are looking to The earned income tax credit was a Sparrow Hospital in the years after save our trust funds, particularly Medi- program that was really inaugurated has lived up to this purpose. Sparrow is care, from insolvency, bankruptcy, and by Republicans but then expanded by a nonprofit organization, guided by we are looking to transform our care- Democrats, and the program is simply volunteer boards, comprised of people taking, social, corporate, even farming, at a point where it will become the representing a wide spectrum of com- welfare state into what I would refer to largest entitlement if we do not slow munity interests. as a caring opportunity society. its growth. So we are allowing the pro- Through the efforts of its founders, We are not looking to throw our gram to grow from $19.9 billion in the and legions of others in the commu- hands into the air and say, ‘‘Listen, last year to, in 2002, 6 years from now, nity, Lansing’s first health service has this is not a problem with the govern- $25.4 billion. That is referred to as a grown to become today’s Sparrow Hos- ment, you’re on your own.’’ We are cut, and yet it is going from $19.9 bil- lion to $25.4 billion. Only in Washing- pital and the Sparrow Health System— looking to help people grow the seeds. ton when you spend that much more a place where highly trained profes- We just do not want to keep handing money do people call it a cut. sionals work together to perform daily them the food. The school lunch program, remem- We as Members of Congress have a miracles. bering the President and legislative Sparrow blends the knowledge and solemn pledge to do a number of leaders on the other side of the aisle expertise of over 600 physicians, nearly things, but obviously one of them is to literally going to schools, telling kids 3,000 associates, and 1,400 volunteers vote on a Federal budget each year. that they are going to lose their school with the most advanced technology, What some of the listening audience lunch program because of what this serving as a comprehensive health sys- may not know and something I did not new majority was doing in Congress. tem for an eight-county population of fully grasp, even after I was elected a Yet when I look at that program, it is nearly 1 million residents. Member of Congress in 1987, was that growing from $5.2 to $6.8 billion in the Sparrow is the regional center for pe- whereas on the State level I voted on seventh year. Only in Washington when diatrics,burn treatment, cancer care, one budget, here in Washington we you go from $5.2 billion to $6.8 billion radiation therapy, neurological care, vote on 13 separate appropriations do people call it a cut. It is not a cut, high-risk obstetrics, dialysis, and bills, but they only constitute one- it is a significant increase in spending. neonatal intensive care. Each year third of all the spending that we do in Admittedly it is not growing at 5.2 per- Sparrow treats over 120,000 residents, Washington. cent, it is growing at 4.5 percent. Then and Sparrow Health System services When we vote out a budget, we are we are allowing States to reallocate 20 improve the health of thousands more. voting on one-third. When we vote, we percent of that money for other pro- The volunteers who first founded vote on one-third. We think of how we grams dealing with food for Kids. Sparrow and the continued community spend one-third of the budget. Fifty The student loan program, I was out- interest have made Sparrow Hospital percent of the budget is literally on raged when I heard Republicans were and the Sparrow Health System the automatic pilot. It is what we call our going to cut the student loan program, special place it is today. This spirit of entitlements, it is food stamps, Medi- because, I mean, that is what the volunteerism and community develop- care, Medicaid, welfare for mothers and President said and the President would ment will serve as a lasting legacy to children. It is agricultural subsidies. be, it seems to me, wanting to be accu- the mid-Michigan community. You fit the title, you get the money. rate in his statement. When I ques- I would like to congratulate and We in Congress do not vote on it each tioned my own colleagues, I wrestled commend all the individuals involved year. It is on automatic pilot. with the fact that the student loan pro- with the successful first 100 years of I can remember early on in my career gram last year was $24.5 billion. In the Sparrow Hospital, including the com- as a Member of Congress, I would go seventh year, in 2002, the year we bal- munity itself, in celebrating this his- back in a community meeting and I ance our budget, it grows to $36.4 bil- toric accomplishment. would say ‘‘I voted to cut spending,’’ lion. That is a $12 billion increase, $12 f and they said, ‘‘I know you did, but billion on top of the $24 billion spent how come it keeps going up?’’ It is a last year, a 50-percent increase in the OBJECTIVES OF NEW REPUBLICAN good question. I went back to my office student loan program We are still al- MAJORITY IN 104TH CONGRESS and I said, ‘‘How come if we keep vot- lowing students to borrow up to $49,000. The SPEAKER pro tempore. Under ing to cut spending and they actually The average loan will still be $17,000. the Speaker’s announced policy of May pass, the budget keeps going up?’’ What did we originally attempt to 12, 1995, the gentleman from Connecti- I realized that in Washington, unlike do? When a student graduates, they are cut [Mr. SHAYS] is recognized for 60 any place I have ever been before, they given a grace period of 6 months before minutes. use what they call a baseline budget. they have to start paying back the Mr. SHAYS. Mr. Speaker, it is not They say this is what it cost this year, loan. The Federal Government, the my intention to use the full hour, but and to run the same level of service, if taxpayers, men and women who work I would like to address the Chamber in it cost $100 million this year, and it is who pay money into this general fund regards to a number of issues dealing going to run to the same level of serv- of the Federal Government, were pay- with what we are seeking to do in this ice, we spend $105 million to run the ing and are paying the interest from H2112 CONGRESSIONAL RECORD — HOUSE March 12, 1996 graduation to that first 6 months. Our $20,000 retail price and the dealership A did not. I mean that sets off alarm proposal was that you simply take that sold it for $20,000 and dealership B sold bells to any rational person. That says, period of 6 months and you say that it for $17,000 for the same automobile my gosh, this fund is going insolvent 1 student pays the interest, and we am- instead of 20. year sooner than we were told and by ortize it during the 10 years that the I would hardly tell her that the $4 billion more than we expected that student is allowed to pay back the $20,000 we gave her to spend that she it would happen. loan. In some cases they are given was foolish and irresponsible because What did we do then? We did not in- more than 10 years, but 10 years tends she saved $3,000 buying the same auto- crease the copayment. We did not in- to be the average. mobile. Now like in the argument that crease the deductible. We did not in- she could buy this automobile for crease the premium. We left it at 31.5 b 2215 $20,000 in one dealer and buy a better percent. What did we do? We said the So we are saying that a student will automobile, one that had a sunroof and wealthier, if you made more than have to pay the interest from gradua- had a few extra points, a better engine, $125,000, would have to pay all of Medi- tion to the first 6 months, and no other features to it, and if she bought care part B, not just 31.5 percent, all of longer it will be the taxpayers. Believe it for 17, I would hardly say that she it. It is still the best deal in the world it or not, we save in the 7 years about cut the program, that she was foolishly for seniors. But if you make $125,000, $4 billion doing that, close to it. saving but not saving, cutting, when that is not well known, Republicans do Now, what did it amount to in terms she was doing what I would hope any not like the wealthy to know we want of the student costs? Because we amor- rational person would do, get a better them to pay more, I guess it is not the tized it during that 10-year period, it program and spend less to do it. Republican thing. I am hard-pressed to amounts to about $9 more for the aver- Now, how could we possibly say that know why Democrats clearly do not age $17,000 loan. Nine dollars more is by saving $270 billion we are or $240 bil- want people to know Republicans are the cost of a pizza. It is also the cost of lion later, scored by the Congressional asking the wealthier to pay more, be- a move and the most inexpensive soda. Budget Office, we are getting a better cause Democrats like to tell people the I have no trouble whatsoever telling program? That on the face of it seemed Republicans just want to help the the student who has borrowed money like it looked too good to be true. wealthy and hurt the poor. That is sim- from the Federal Government at lower I think most seniors could answer ply not true. But that is what they like interest rates that they are going to why it is true. There is not a senior, to say. So Democrats are not sharing pay $9 more a month in order to save $4 not a senior who cannot describe the that the wealthier are paying more and billion for the taxpayers of this coun- extraordinary fraud in some cases, and Republicans are not making that point try. the outrageous abuses we see in this either. So we are increasing the student loan program. It is a great program, but it The fact is if you make over $125,000 50 percent, not cutting it; increasing it. is a very, very wasteful program. We of taxable income, you will pay all of The Medicaid program, which is look to save money. We save $240 bil- Medicare part B. That gives us $9 bil- health care for the poor and nursing lion in Medicare by not increasing the lion more of our $244 billion savings. care for the elderly poor, it is growing copayments on seniors. Maybe we Where do we find the biggest savings? under our plan this last year $89 billion should have, but we did not. Not in- The biggest savings is not we slow the to $127 billion. Only in Washington creasing the deductible, maybe we growth of payments to doctors and hos- when you go from $89 billion to $127 bil- should have. We did not. Not increasing pitals, which we do, not as much as the lion do people call it a cut. It is not a the premium on seniors, we kept it at President, but we do, the biggest sav- ings is that we allow seniors for the cut. It is a significant, almost a gigan- 31.5 percent. Now, 31.5 percent of the first time to have choice in Medicare. tic increase in spending funded by the premium, that is on Medicare part B, is Why would that save money? Because taxpayers. going to cost more each year because Medicare is going to grow from $178 the Federal Government does such a 31.5 percent, as health care costs go up, pathetic job of controlling the growth billion, which it was this last year, to that premium will cost more the tax- $289 billion, over $100 billion more of these programs that there is just payer, though, is still going to pay 68.5 simply a lot of opportunity to save. spent in the seventh year than spent percent. That tax revenue is coming today. We will be spending 60 percent Now, we are allowing private sector, out of general funds. We have Medicare the private sector to get involved. more in the course of the seventh year part A, which is the hospital program, When the private sector gets involved, to what it was last year, and people and we have Medicare Part B, the they cannot say you are going to get say, well, that is 60 percent more. But health care services, all the equipment, less than you are going to under Medi- you have all of these elderly people all the doctors costs, all the other care part B, they cannot say that be- who are growing into the system. It is costs associated with serving health cause they are not allowed to have that accurate we do have more elderly, but care, non-hospital costs. happen. They have to provide the same on a per elderly, it is going to grow 49 Now, what we learned last year and level of service or better. percent, going to grow from $4,800 to actually in the years before, we were The fact remains, if they cannot offer $7,100 per beneficiary. being told, not listening, this Congress anything less and charge less, they What we are doing with Medicare? is the first Congress that said we are have to attract seniors. The way they We are going to save $270 billion, that going to do something about it, we attract seniors is they say we will give number, by the Congressional Budget learned that Medicare was going to go you eye care, dental care, we will give Office, was moved to $240 billion. The bankrupt, insolvent, starting this year, you prescription care, costs of helping President called it a cut. We viewed it according to the trustees, five of whom pay prescription drugs. They will also as a savings, particularly since we are the President’s appointees, and we in some cases say we will rebate the knew we were going to spend more learned that, in fact, this was going to copay or deductible, maybe we will pay each and every year. I mean $4,800 per happen. the Medigap. That is the difference be- beneficiary. Per senior, the $7,100 is a So what we looked to do is to save tween what Medicare pays and what significant increase, not a cut, a sig- money in the Medicare part A trust the beneficiary has to pay. Quite often nificant increase, a 50 percent of 49 per- fund and save money in the Medicare they want to shield themselves from cent increase per beneficiary in the part B trust fund. We looked to do that any costs, so they simply buy a seventh year. But referred to as a cut. so the program would not go bankrupt. Medigap program. I was trying to wrestle with this idea What we then found out is last year, in- There will be some private sector how the President and others and my stead of $4 billion more going into the groups that will come in and do all of colleagues on the other side of the aisle fund than going out, in Medicare part the above or part of the above, but could call it a cut, and it would be like A, did not happen. In fact, $36 million they will make it less expensive than it if my daughter was able, if we were more went out than went in; $36 mil- is for a senior today. able to afford it, we told our daughter lion in this program is not gigantic, Now, seniors can stay in the old sys- that she could buy a new automobile, but we were supposed to have $4 billion tem. They can stay in the fee-for-serv- she could buy a Taurus automobile for more coming into the program, which ice. They can get Medicare just as they March 12, 1996 CONGRESSIONAL RECORD — HOUSE H2113 have gotten it. They do not have to pays for that particular product, the that historians will look at the Con- leave. If they leave and they do not Federal Government, the taxpayers, gresses over the last 22 years, and even like the program, they do not like the would have saved over $4 billion. the White House of both parties, and program, what they do, they leave, I can go on. I mean, why is it that say this was not our proudest moment. they have the opportunity to go right men under Medicaid are sometimes, I think I am being kind. I think they back into the private care model. They and Medicare, Medicare particularly, will say it was one of the darkest times have the opportunity to go right back why would they have been charged for in our history, when we have literally every 30 days for the next 24 months. giving birth. It is humanly impossible, been willing to mortgage our children’s A senior who moves into private care but it happens. And we go on and on. future for present-day expenses. who does not like it, maybe does not I mean I had in one of my community I do not think that when historians like the doctors, does not like the pro- meetings, I always have people come will look at what we have done in Con- gram, does not feel they are getting up and tell me the outrageous bills gress, in the White House, and, can- the kind of care they want, does not that they get. One of them was a nurse, didly, I think historians will be not think the Medigap coverage or the den- and she said she knew health care serv- complementary even of the American tal care, prescription care, warrants ices, she knew that this bill was incor- people, because the American people, their leaving their fee-for-service, they rect. She had looked at it, knew it was as much as they may feel they are not can go right back into the traditional incorrect, and went to the hospital. part of this process, they are very fee-for-service system. The hospital said, well, we are not much a part of it. It is amazing, but the plan saves an properly paid by Medicare, so we have I would have liked to have shut down extraordinary amount of money be- to find other bills in order to get what the Government after Thanksgiving cause the private sector simply is we think we are properly due. break and not open it up. I was on the going to police the system better than It is why doctors sometimes go into losing side in my own conference. I the Government sector does. nursing homes, poke their head in a think it was a mistake to open the Now, I chair the Medicare task force window, Emily, how are you doing, Government until we balanced the and Medicaid task force for the Com- John, how are you doing? They see 15 budget. I regret dearly that we did. I think it is a mistake to vote out in- mittee on the Budget. I am also people in 15 minutes, and they are able creasing the national debt until we chairing the Human Resource Commit- to make out like bandits. I mean I can come to grips with the balancing the tee that oversees the Department of go on and on. budget. I prayed that Congresses of HHS. We oversee HUD, Labor, Edu- One of the ways we save in our Medi- earlier years and the White House of cation, and Veterans Affairs, but we care plan is that we make health care earlier years would have, at least one also oversee HHS, Health and Human a Federal offense, finally we prevent of them, would say no more, we are not Services. That means we oversee FDA, people from going State to State. We going to allow these deficits to con- HCFA, which is the Health Care Ad- are going to save billions of dollars by tinue. We are not going to mortgage ministration, that basically handles finally getting tough, finally in a Fed- our children’s future. We care to leave Medicare programs. We oversee the eral way against abuse in Medicare. this country better than we found it. If Centers for Disease Control. We have Now, there is lots I could deal with only 10 years ago a Congress or White looked into the Medicaid program, the and talk about as I yield the floor. I do House, one of them had said no more, Medicare program. It is astounding to not want to just make mention of a few we are not going to allow this to con- know that we have contracted out to more issues. I know this looks like a private carriers simply to police the tinue. food fight to a lot of people. Repub- So I say well, you know, it did not system, but we do not give them any licans and Democrats on the floor yell happen. We are not going to shut down incentives to do it right. at each other. I am not proud of that. Basically, the carriers do not have the Government I do not suspect. We We look like Little League deciding crossed that line, and I guess we will the bottom line kind of ability in a bill who is safe at second. In fact, we prob- that is presented on Medicare, if a doc- just continue working day by day until ably are doing a disservice to Little the White House and Congress come to tor takes care of someone’s broken or League to say we look like Little grips. We need to have an agreement, sprained ankle, and they do a chest x- League. They might take issue at that. but it cannot be a superficial one. It ray, which is clearly not related to the We are pretty childish at times. has got to be a substantive agreement. sprained ankle, they can submit the I guess my point to this Chamber, to How did I start this special order? I bill and know it is likely it will be put it on the record, is that this is not started this special order by pointing paid, even though it should not be paid, a food fight. It is an epic battle about out that 50 percent of our budget are because HCFA does not require any what kind of country we are going to entitlements. Fifty percent of our more than 5 percent of the bills to be become. I look and think of what we budget. We do not vote on them, they checked and only less than 1 percent, have done, allowing the Federal debt are on automatic pilot. Only one-third less than 1 percent of all the dollar since the Vietnam War to go from $430 of the budget is what we vote on, the 13 amounts of bills to be checked. billion to now $4,900 billion. In 22 years, different budget items. So what has the GAO told us, the in 22 years, we have allowed the Fed- Congress has the upper hand in the Government Accounting Office, what eral debt to increase ten-fold. That is negotiations with the President on ap- have the inspectors general told us? during the time of peace. It is not dur- propriations. He vetoes a budget, the They said, if there was a basic auto-ad- ing a time of war when you just spend Government shuts down. That is not judicated system, with software to whatever you have to spend and then good necessarily for us or the Presi- kick out these inappropriate bills, the you pray that you will succeed in your dent, but it calls the question. And it is Federal Government would save about battle against, in this case, Hitler’s certainly not something Federal em- a half a billion dollars. Germany. We just spent what we had to ployees wanted. They are caught in the Well, that is your government at and we ended up with a sizable debt. middle. work. The Government, your govern- But since the Vietnam war we have But it is much bigger than Federal ment at work chooses not to save a allowed the debt to increase ten-fold, employees. It is whether we are going half a billion dollars. The Government ten-fold in 22 years. I think of what I to finally come to grips with the budg- has set up a Byzantine system of like to think of myself, as a historian, et. When the President vetoes entitle- changing the purchase of health care I certainly would appreciate it, that ments like he did, when he vetoed our products. We know that the Veterans’ was my college degree in American his- balanced budget bill, when we wanted Administration is able to buy a par- tory. I think of how historians graded to reform Medicare and Medicaid and ticular product that Medicare pays, the Congress after the death of Lin- welfare, what did we end up with? Not and for the last 4 years has paid $4 bil- coln, the Reconstruction Congresses. nothing. We ended up with what exists, lion more than the Veterans’ Adminis- b the automatic pilot, what is existing tration pays for that same product. In 2230 law. other words, if we paid the same price It is not a proud time in our history, So for Congress to simply cave in and for what the Veterans’ Administration the time after the Civil War. I think allow the President to allow and force H2114 CONGRESSIONAL RECORD — HOUSE March 12, 1996 us to spend more on appropriations walk in their shoes, their moccasins, I gone, to big cities. That is where the without a corresponding change in en- do not know what their life experiences population is, in big cities. It has gone titlements would be very foolish and ir- are, but it seems to me on the outside to big cities because that is where the responsible, in my judgment. looking in on what they are doing, that poor young people are. I learned a great term when I was in they really were part of a Congress There are requirements for the pro- graduate school when I was getting my over the years that allowed us to get in gram. It is a means-tested program. MBA and MPA and majoring in eco- the mess we are in. You have to be poor. You have to meet nomics, a concept I wish I had learned We are in this mess, and it is very se- certain standards in terms of poverty earlier. It is called opportunity costs. rious, and it requires a lot of heavy before you can participate in the pro- If you spend money here, you give up lifting. We have got to confront the gram. the money to spend it here. If you seniors, we have got to confront the So it has gone to the big cities, where spend money here, you give up the op- young, we have got to confront the rich the poor youth are. It has gone to a portunity to spend it here. If you spend and poor, and we have got to come to large number of minority youth, His- some money here, you can maybe solutions to our problems. panic and African-American. It has spend some money here. But you give It is a very contentious time. My gone to a large number of young people up opportunities, depending on how take on their leaving, not to be unkind, who come from poor neighborhoods much you spend. is that simply that now that the dif- that do not have people voting as they Our entitlements are growing at 10, ficulties are here, now that we are should vote, so they do not have much 11, 12 percent. If we do not get a handle clawing to get out of the deep hole we political power. on the growth of Medicare and Medic- find ourselves in, they are quitting. For all these reasons, the program aid, if we cannot slow Medicare and They are quitting when it is tough. seems to have become very unpopular, Medicaid to about 7 percent a year, and They helped get us in this mess, and, certainly become a cast-off by the lead- prevent them from growing at 9, 10, 11 frankly, I think they should stay to ership perhaps in both parties. But cer- percent, if they go up at 9, 10, 11 per- help get us out of this mess. tainly the Republican majority in this cent, then the appropriations part of When I hear a colleague say, ‘‘Well, Congress seems to delight in going our budget is going to be continuing to now that I am not running again, I can after the Summer Youth Employment be squeezed and squeezed and squeezed. really be honest with the American Program. Our need to help our young children people,’’ I am thinking to myself, why The Republican majority in the re- dealing with teenage pregnancies, a were you not honest when you were scission process more than a year ago whole host of things I think are nec- running? Tell the American people the zeroed out the program. It was zeroed essary, are simply not going to be able truth. They are going to have you do out for 1995, the past summer, and ze- to be funded, if we just allow entitle- the right thing. Tell the American peo- roed out for 1996 and forevermore. ments to grow and grow and grow. ple things that just simply do not add Why does this Summer Youth Em- I know a number of good Members in up, and they are going to give you con- ployment Program merit being tar- both the House and Senate are quit- fused messages. So I think it is a geted for the hostility of the Repub- ting. They say this is not a fun place shame they just did not tell them the lican majority in this Congress? I do anymore. I am hard pressed. I have truth while they were candidates. If not know. I cannot understand. There been here 7 years and I love this job, they told the American people the are protestations from both sides of the and I have never felt I have been criti- truth, I do not think we would be in aisle about being concerned about cal of serving in Washington. I love the mess we are in today. young people, about being concerned Washington. I love this opportunity. I Mr. Speaker, with that, I have a about youth. We have heard some elo- mean, this Congress was formed by our sense you were not sure that this was quent speeches tonight about being Founding Fathers in the Constitution going to be as long a time as it has concerned about pregnant teenagers. of the United States. I mean, I look at turned out to be, and I notice a col- Well, I think one of the speakers said this flag with great reverence. I look at league on the other side of the aisle, so if you are concerned about pregnant the Constitution with great reverence, you will probably be here a little teenagers, that means you have to be and I look at what the Constitution longer than you wanted, but I thank concerned about programs that impact did. It established a Congress, it estab- you for giving me this opportunity. on both males and females. So we are lished a Senate, it established a White f talking about male and female youth House, and they knew there would be and being concerned about them. times we have disagreements. SUMMER YOUTH EMPLOYMENT Here is a program that is targeted to Our Founding Fathers knew that PROGRAM young people in a very direct way. Here sometimes it might even look like The SPEAKER pro tempore (Mr. is a program that does not have a lot of kids, but they knew that ultimately we METCALF). Under the Speaker’s an- red tape. Here is a program that does would have a system to resolve our dif- nounced policy of May 12, 1995, the gen- not have a great deal of bureaucracy. ferences. tleman from New York [Mr. OWENS] is The money goes to young people to pay So I just ask the American people to recognized for 60 minutes. them to do jobs in the summer. The see beyond just this debate that seems Mr. OWENS. Mr. Speaker, the hour is money goes to young people to pay to not be as substantive as they want, late, and I will try to compress my re- them for about 2 months, I think it is and look for the fact that this truly is marks into about 30 minutes. an 8-week program. They work at mini- an epic battle. I would encourage some Mr. Speaker, I think it is very impor- mum wage. They work for a limited of my colleagues who are quitting and tant that we realize also that the hour number, 6 hours a day for 4 or 5 days a not running again because they say is late for the funding of the Summer week. It is a very short program, about this is not a fun place to level with the Youth Employment Program, and that 30 hours, I think, a week. American people and acknowledge this is the subject which I feel compelled to For a small amount of money, it really has never been a fun place. It talk about tonight. We are going to be reaps a great dividend. There are many has been an important place, but not a talking about it more this week. The young people who have never been em- fun place. members of the Congressional Black ployed before who are employed for the Candidly, I am not so sure it matters Caucus at a meeting on Friday decided first time. They learn good work hab- whether it is a fun place anymore. I am we would make this item a priority its. They get a sense of worth, self- not even certain that the issue of item this week and try to rally our col- worth. whether we are always civil to each leagues, both Democrat and Repub- I was surprised the other night as we other is an overriding issue. It is not lican, to come to the aid of the young were talking about the dilemma of the pretty to look at, and I regret it and people in our country. Summer Youth Employment Program like to think I am not a part of that Most of those young people reside in that one of my assistants who is a col- kind of dialog. But when I see some of big cities, and that is where most of lege graduate already, she does a lot of the people I have admired over the the money for the Summer Youth Em- my case work and who voluntarily years quitting, and I admit I do not ployment Program has traditionally works with young people, was talking March 12, 1996 CONGRESSIONAL RECORD — HOUSE H2115 about how upset the young people are that I belonged to the mainstream as a advantages in the world going wrong, about the fact that the summer youth result of having that job during the but there are many of them. They program appears to be lost. Normally summer. come from all neighborhoods, and at this time of the year, there is notifi- The story can be told by numerous Members of Congress certainly know cation that there is a program and others. The numbers are very large. I some of them. They have relatives and there are dates already offered as to meet lots of young people, because I they have friends who are confronted when you can file your application and started my career in the community with this situation. But there are situ- the process has already started. But action program in a local community ations where youngsters in poverty, they were told it is a hazy situation at action agency in Brownsville, which when you apply some kind of assist- best, and, at worse, we have to recog- was a front-line employer. So I saw the ance, you get a result. There are some nize the fact that there is zero in the faces of the young people who were em- things that we know do work, that budget for the Summer Youth Employ- ployed by the hundreds summer after large numbers, the greatest, over- ment Program. summer, and I still meet them on the whelming majority will rise to the oc- Yes, the President did ask, I think, street 20 years later. I meet them and casion if they get some help. for $900 million for this year’s program. they remind me that they were em- One of the things that Necole Brown I think the budget for the previous was ployed. They think it was my Summer told me about the young people she is $1 billion. He asked for $900 million- Youth Employment Program, and they working with. My office is not equipped some in his budget. But the Republican tell me about what they are doing. Not to work with young people. I do not majority zeroed that out. They asked all of them have made good in life, and have a grant for that. for zero. The Senate, the other body, I have not done a case study to tell you I have what you call a youth advi- has not made any effort to put the exactly what the longitudinal effect of sory committee where I wanted to get Summer Youth Employment Program it has been, but most of them have involved a little bit, have youngsters back in either. been greatly helped by that program. tell me what is going on, but we get The Republican majority zeroed it And if you do a longitudinal study, more and more involved, because once out for 1995, but it was saved by the careful study of youth who went you show them attention, teenagers Senate before. The other body put it through the Summer Youth Employ- want more attention, and they respond back in in the conference process. We ment Program, I am sure you will find in such a way that it inspires you to regained a program that was of a a great positive benefit between the get more involved, you want to do smaller size, but it was nevertheless a difference of among poor youths who more for them. So we found ourselves program. I think you had more than when through the program and those trying to do more and more all the 600,000, about 700,000 young people serv- poor youths who never had the oppor- time. But right now the rock bottom iced in the 1995 program. tunity. thing is to get them access to summer I might add that is a long way from We have had longitudinal studies youth employment, those minimum the original Summer Youth Employ- done of Head Start. Head Start is a wage jobs, about 30 hours a week can ment Program. They used to serve in program for poor youngsters starting mean all the difference in the world. New York City, for example, 90,000 in preschool, and they followed young- We say we care. We say we care as a young people in the summer. New York sters who went into the program 20 and nation. We say we care as a Congress. City is a big place, with 8 million peo- 25 years ago, and those longitudinal But we do things which are quite the ple and a lot of young people. Our studies always show great benefits opposite. In fact, it is kind of an evil school system has 1 million young peo- when you compare the youngsters in situation that we confront when we ple in school. Of that number, teen- the Head Start Program with a control have people who are knowledgeable agers are about 400,000. So of that group that they used of youngsters who about exactly what is going on and 400,000, 90,000 received jobs at the did not go into the Head Start Program they stand here and tell us that we do height of the program in the late 1960’s who came from the same kind of back- not have the money to fund a Summer and the early 1970’s. I know, because I grounds. Youth Employment Program where was the commissioner of the Commu- These programs do benefit young youngsters all across the country can nity Development Agency, which was people. We do not know a lot about get same jobs this summer. It will bust the agency responsible for community how to handle our present crisis with the budget. We do not have the money action programs. Those community ac- youth, but we do know that some in the budget. What are we talking tion programs were primarily the em- things work, some things work and about? We are talking about probably ployers of the summer youth program they work very well. We cannot solve $600 or $700 million out of a trillion-dol- youngsters. all the problems. Nobody is going to lar budget, $600 or $700 million. The Community action programs operate stand here, I am certainly not going to same people who stand here and tell us all year round. They did various things stand here and pretend I can tell you that we do not have the money to fund for the community in the area of hous- what the prescription is for handling a program for youth, which will em- ing, education, and cleaning streets teenagers in 1996. ploy more than 600,000 young in the and doing all kinds of things. They em- There are some teenagers, I just cities, give them hope and help us to ployed those 90,000 young people. In wrote a letter for one recently, who deal with some of these problems that 1995, the number had dropped from have all the benefits in the world, came cost so much more money. It costs 90,000 to 32,000. So, all we could do is from a very good family, you know, $20,000 to keep a young person in jail give 32,000 young people jobs. good income in the family, they took for a year, and yet here is a Summer good care of him and put him through Youth Employment Program, we are b 2245 the best schools, and still he is in trou- going to pay minimum wage for 2 They are upset. They have good rea- ble with the law, facing 3 or 4 years in months, 10 weeks, 8 weeks, I am sorry. son to be upset. So my assistant, jail because of drugs. Not only did he That tiny amount of money we cannot Necole Brown, was explaining to me have drugs, but when the police ap- invest. It is some kind of distorted, evil about how upset the young people are proached the car, he tried to drive off, kind of thinking that comes out with a about the fact, the prospect that there so the situation is worse. Here is a conclusion that we cannot afford it. will be absolutely no jobs this summer, good youngster from a good family, The same people who say we cannot and she said, you know, the first job I and I am writing a letter to try to get afford it will do nothing about the fact ever had was in the Summer Youth some kind of leniency and get the that the CIA just discovered the fact Employment Program, the very first judge to look at the situation in total. that it has $2 billion in its petty cash job I ever had. The first job my brother He has a good opportunity to be reha- fund that it did not know it had. Two ever had was in the Summer Youth bilitated because he has the support of billion dollars, the auditors have dis- Employment Program. The first job a family. covered $2 billion. That is what has my sister ever had was in the Summer I do not know why he went wrong, been made public. When the CIA makes Youth Employment Program. For the though. I cannot explain the phenome- something public, we always have to first time, I felt like I was somebody, non of young people who have all the sort of look at it and add something to H2116 CONGRESSIONAL RECORD — HOUSE March 12, 1996 it because we know they do not tell the rality, if you care about family values, which is responsible for AmeriCorps. It truth. They are in the business of not if you care about pregnant teenagers, used to be called the Education and telling the truth, so it is probably more we have heard some eloquent speeches Labor Committee when we passed the than $2 billion, $2 billion. about pregnant teenagers and people bill that created AmeriCorps. Nobody So we have written a letter to the who want to take steps to deal with the ever said to us, when you create President saying that, you know, you problem of pregnant teenagers in any AmeriCorps you have to get rid of the can solve the problem of the Summer way possible, and I applaud every sug- Summer Youth Employment Program. Youth Employment Program. It is the gestion that was made. I applaud those I want everybody to hear me care- same letter we intend to distribute to speeches on both sides of the aisle. We fully. If you bring AmeriCorps into our the whole Congress and certainly the need to come to grips with the prob- neighborhoods this summer and there Republican leadership of this House, lem. But you certainly do not care is no Summer Youth Employment Pro- which started the problem. The Repub- about the problem of pregnant teen- gram, I fear for the safety of the lican majority instituted this attack agers if you are going to wipe out a AmeriCorps youth. It would not be just on the Summer Youth Employment program like the Summer Youth Em- to wipe out the Summer Youth Em- Program, this irrational attack, this ployment Program which is quite sim- ployment Program and then send in evil attack, this attack which runs ply, a direct way of giving hope to middle-class youngsters from the counter to the purposes of any sane young people. It gives hope. AmeriCorps program and expect there group of people who want to help I heard the people who talked before not to be a reaction. It is wrong. It is young people. We hope that they will me about teenage pregnancy use the unjust. And I hope you understand how also read the letter and respond. phrase over and over again about hope, explosive that could be. We wrote to Bill Clinton, the mem- hope for young people. I heard the gen- Mr. Speaker, I yield to the gentleman bers of the House Committee on Eco- tleman from Connecticut [Mr. SHAYS] from New Jersey [Mr. PAYNE]. nomic and Educational Opportunities. on the other side of the aisle talk Mr. PAYNE of New Jersey. Mr. The gentleman from Michigan [Mr. about dreams and the fact that as a Speaker, let me first of all commend my friend and colleague, the gen- KILDEE] and I initiated the letter. We young person his parents guaranteed will be asking other people to join us: he had the opportunity to dream and tleman from New York [Mr. OWENS], for calling this special order tonight. I DEAR MR. PRESIDENT: We respectfully and how you wreck the dreams of young appreciate having the opportunity to urgently request that the $2 billion in people when their dysfunctional lives participate in this with him. Through unspent funds recently discovered by audi- lead to pregnancy and you throw them our service together on the House Com- tors of the CIA be reprogrammed to elimi- into a quagmire that they can never mittee on Economic and Educational nate the cuts in title I Head Start and the get out of. I heard this with great sym- Summer Youth Employment Program. We Opportunities, we have worked to- have noted with great shock and indignation pathy. I hope that we as intelligent people, gether many years on issues and the revelation that the CIA has $2 billion in projects, on educational issues, on is- unspent funds that no one in the government we as intelligent people also act as honest people, because we are not hon- sues of jobs, and I have always admired was aware of, $2 billion that no one in the the gentleman’s strong stand and his government was aware of. It is our under- est, it is not honest to look at the situ- conviction and his willingness to stand standing that these funds are not on any ation and see the $600 million will solve up for what he believes in. budget schedule and therefore are available the problem, $600 million will take us a to be utilized for more positive purposes. So it is with that pleasure that I par- long way toward giving some of those ticipate in this special order tonight More specifically, Mr. President, we propose teenagers hope, the males and the fe- that the following budget actions be initi- and also to reiterate, as he said, that ated by your administration: males because they are both part of the the Congressional Black Caucus held a Transfer $1.1 billion to title I, the edu- problem; $600 million will save us a retreat where we talked about the cation programs that go to the elementary great deal of money by keeping young state of black America where we dis- and secondary schools, title one. Transfer people out of trouble, out of jail. cussed issues that confront us as a peo- $300 million to Head Start; $300 million is Jail always costs $20,000 or more per ple and this Nation as a country. One that amount that Head Start has been cut in year for young people. All of these are of the issues that continually came up the budget initiated by the Republican ma- so obvious, so self-evident until only and the issue that we overridingly talk jority in the House of Representatives. And some kinds of evil force can be at work about was the fact that the summer transfer $600 million to summer youth em- to not make decisionmakers in Wash- ployment programs, $600 million. youth employment is an extremely im- ington see it and act on it. What is It all adds up to $2 billion; $2 billion is a portant, critical and key issue to us in going on? I really do not know what is lot of money but look at the great good you our communities. can do if you put it to positive purposes. We going on. Tonight I am proud to join with him Mr. Speaker, I think the gentleman are certain the Democratic Members of both in standing up for young people in our the House and the Senate would enthusiasti- from New Jersey wants to join me communities. cally support these actions. We are also cer- here. And before I go any further, I tain that the Republican opposition would want to give him an opportunity to b 2300 find it very difficult to show cause why these join us. I think we will take our entire recently discovered funds that are free and There is one concept now which all available cannot be used to guarantee the hour at this point. The gentleman from Members of Congress from both sides of same level of funding for these vital edu- New Jersey [Mr. PAYNE] is welcome to the aisle can agree. It is the impor- cation programs. join this discussion. Mr. PAYNE is the tance of instilling in our young people Mr. President, we look forward to working chairman of the Congressional Black a strong work ethic. That is what made closely with you and to achieve this very Caucus, which had a retreat last week this country great; that is what made practical goals. on Friday. On Friday, we looked at all America what it is today. And a sense I would like for the Republican ma- the priorities and all the problems. We of personal responsibility. We hear so jority of this House to show cause, tell concluded that the problem facing us much about personal responsibility in us why you have attacked the Summer more right now, the problem that has a the new majority’s rhetoric. Personal Youth Employment Program and, if deadline on it, the problem that has a responsibility also includes the oppor- your reason is that there is no money time clock, a time bomb ticking away tunity to feel that personal responsibil- in the budget and it is impossible to is the problem of summer youth em- ity by virtue of being able to have con- make room for the program now, then ployment. Summer youth employment, crete, tangible goals that people can tell us why you cannot join with us in the program, decisions need to be made see and do, and that is where employ- reprogramming $2 million that the now. They need to be made soon. The ment comes in. Central Intelligence Agency has that it process needs to be engaged. That is what the summer youth em- did not know it had, that nobody knew We have a lot of talk about ployment program is all about. it had. So it certainly is not on any- AmeriCorps, and we are all for More of us can remember what it was body’s budget schedule. Tell us. AmeriCorps. Both of us serve on the like when we got our first summer job. This is a challenge and this is a committee, the Committee on Eco- We can all remember that; my col- moral challenge. If you care about mo- nomic and Educational Opportunities, league mentioned that, too. Many March 12, 1996 CONGRESSIONAL RECORD — HOUSE H2117 times it was during elementary school expenditures for prisons from $7.9 bil- and I only had 30 customers, so I had to or high school, and no matter how me- lion to $10.5 billion, an increase, money build my route up. I built it up to over nial the job was, how unimportant it taken away from prevention and put 125 customers because then in order to seemed to other people, we felt a sense into more prison construction. When make a dime, I had to deliver 30 papers. of accomplishment, we felt a sense of they talk about the costs per inmate, And so that was slow. And so it just pride, and we worked to live up to our the costs of construction is not even gave me the opportunity to have my employer’s expectation as we collected built in. Any other kind of business, own business, to move, to earn, and ac- our first paycheck. Many of us began you build in the cost of construction, tually made about maybe $3 a week, saving for college. Some of us dreamed and it is $20,000 plus just for correction and had 50 cents taken out on a payroll of one day owning our own businesses. officers, food, health, and all of the deduction at that time to put down My brother was very successful in hav- things that go along with having 24- when I decided that I was going to go ing a business for 20 years that he ran, hour, 7 days a week, 360 days a year to Seton Hall and that it was not where he was involved with high tech- custodial care over a person. And so it enough of a scholarship money in order nology in manufacturing computer certainly would be a much better in- for me to go. forms. And so it was a dream that vestment in an employment program if And so I can remember very clearly started when we had an opportunity to we took the money and put young peo- those days, and it instilled a pride. We do a disservice to young people have a summer job. ple back on the right track. Today in too many of our economi- So I hope my colleagues will join today when we take away the oppor- cally deprived communities there is a with us in restoring the $635 million for tunity for them to achieve. It is unfair serious shortage of summer jobs, de- this summer program. In keeping with that they do not have the opportunity spite the eagerness of thousands and our efforts to compromise on the budg- to be successful. It is just like in some thousands and thousands of young peo- et, it actually will bring down the fig- school districts that the young people ple who want to become gainfully em- ure from last year. It is only 75 percent do not have the opportunity to learn, and then they fail standardized tests. ployed. In the past, the summer job of the 800 million that was appro- It is unfair. We have to stop being un- program has enjoyed strong bipartisan priated last year, and so it is in keep- fair to young people. We have to start support for all the years. There has ing with gradual decrease. treating them with dignity, self-re- been a wide recognition of the value of Let me just say once again that spect, the total person, the mind, the providing low-income youngsters with years ago, when I was employed in the body and the spirit, the triangle which valuable work experience at a critical downtown business community, there were jobs available at the utilities makes the full person. time in their life were they learn these This Nation is taking away from our firm, at the insurance companies, at work ethics, work experience, the future a major ingredient and the op- the transit company, and young people whole value of work. portunity to earn a living, an oppor- Young people need an alternative to would come and get summer jobs, and tunity to learn, and we need to talk hanging out on the streets, for drifting so the necessity for government to be about that at some other time. But the out in the community, and they will the employer of last resort was not gentleman was kind enough to yield, see this opportunity to be productive, even necessary at that time. and so I will conclude by urging my Today in my community those com- to hold a job, if we will extend it to colleagues on both sides of the aisle to panies no longer have summer jobs them, if we would reach out and say join with us in restoring these very, available. Those companies no longer there is a job, because many times as I very crucial and important funds. walked down my boulevards and my have the work force they had in my Mr. OWENS. Mr. Speaker, I thank streets in my districts, sometimes late city of northern New Jersey. At one my colleague from New Jersey. He is a night just to encounter the young time 500,000 people lived there, just from the great city of Newark, and he people, they say, ‘‘Mr. Congressman, about 1 million people were there dur- mentioned the fact that Newark used won’t you come on over here,’’ and I ing the day. Today we have a city of to have a bustling downtown area filled will go over, and we will talk, and they 275,000 where during the day the num- with people, you know, not too many will say, ‘‘I’ll stop hanging on this cor- bers do not swell much because the em- years ago, and that has declined great- ner doing things that I’m doing that is ployment opportunities are not there. ly now. not right if I could find a job..’’ And So if the full-time employment oppor- I am going to talk a little bit about they challenge: ‘‘Mr. Congressman, can tunities are not there, then the sum- that. That is part of the problem. And I come down to your office tomorrow mer job opportunities are not there. we have had a situation develop where and get a job?’’ And so I just appeal to the President, our cities have been drained of re- And it is a very shallow feeling when when he sends back his veto message, sources. Money has flowed from our you say, ‘‘Well, come down, and we’ll and I personally mentioned this to him cities to the rest of the country, and work at it,’’ but knowing that there on yesterday when he was in New Jer- we have lost a great deal of the re- are very few jobs available. sey, that young people must not, must sources that we need to keep our own I have been working with young peo- not, be sacrificed, that when this CR cities going. And it is not through mis- ple most of my adult life as a school comes back, it must have in it the management, it is not that our cities teacher, as president of the YMCA of money to restore summer youth em- are not still, our cities and our States, the USA before coming to Congress, ployment, which was not in either bill, are not still very wealthy States. and I have seen how positively young and it must be in the bill when it New York State is a State in the Na- men and women respond when they are comes back. tion which provides the greatest given an opportunity to hold a job, to I had the opportunity to work as a amount of surplus over in terms of the earn a paycheck, that pride. waiter, a truck driver, a lumber han- Treasury, and when you compare what I believe the new majority in Con- dler, a warehouse man. I worked as a New York State receives from the Fed- gress have made a big mistake in longshoreman. I did just about—postal eral Government, what it receives from targeting summer youth employment employee. I was a teacher. I did it all, the Federal Government in terms of programs for elimination, a big mis- and it gave me the whole sense of feel- aid is much less than it pays in, and take. It would be abundantly unfair to ing empowered because of earning my that has been true for the last 20 years. pull the rug out from under so many way. In 1994, the last year that they have deserving young men and woman. As a matter of fact, as I conclude, I figures available, New York State paid There is much emphasis today on was a newspaper boy. I remember at into the Federal Treasury $18.9 billion dealing with the crime problem in our the young age of 9 starting my job. I more than it got back from the Federal Nation, especially in our urban centers think you were supposed to be 12, but I Treasury in terms, in Federal aid. New where crime is rampant. Congress sees just told them I was old enough. But I York State was the, you know, most to have no problem with spending bil- started a job, and at that time it was generous of the States, but New Jersey lions of taxpayer dollars on new pris- just delivering of 3-cent newspapers. also paid far more into the Treasury ons to warehouse offenders. The major- This was back in the forties, and I than it got back from the Federal Gov- ity of Congress voted to increase the made three-eighths of a cent a paper, ernment. H2118 CONGRESSIONAL RECORD — HOUSE March 12, 1996 And this has been a pattern. Michi- Since the fiscal year 1995 rescissions propose to pay $20,000 to keep a juve- gan, many of the Northeastern States, and disaster supplemental appropria- nile delinquent in jail but we are not have consistently paid more into the tions bill, which was H.R. 1944, rescinds willing to pay 2 months’ salary to a Treasury. The States with the large all funds that were appropriated in ad- youngster who wants a job during the cities like Chicago and Detroit, Phila- vance for the summer of 1996, the sum- summer. There is something radically delphia, those States are being dis- mer of 1995 will be the last year for the wrong with our thinking. criminated against in many ways by operation of this program. The last We have a lot of arrogant sophomores the Federal Government policies. year, gone; 1995 is the last year that who think they are philosopher kings, One way we would get our money there are funds available. and they spout off about saving money back in terms of Federal aid would be So they have been clear that let and the need to downsize the Federal through programs like the summer every member of Congress understand Government while they are completely youth employment program. New York when you talk to your constituency, blind to the fact that the CIA has a $2 City, for example, over the last 20 understand that there is no amount in billion slush fund. years has lost $10 billion in Federal aid, the budget for which we can take 75 They are blind to the fact that to- and we hear on this floor a lot of criti- percent of. It is zero at this point. day’s New York Times talks about a cism about New York State and New Now the Senate, I do not know why new set of jet fighters we are going to York City spending too much money the Senate has abandoned the program build that eventually will cost $1 tril- on Medicare and Medicaid. Medicare also, because it did take the initiative lion, a whole system of jet fighters and Medicaid, we have the highest ex- last year, and in the conference process that we are going to be building, all penditures in the country. But even put back the money for the 1995 sum- the manufacturing companies are gear- with the highest expenditures in the mer youth employment program. This ing up, and that cost is going to be $1 country in Medicare and Medicaid, New year the Senate majority has done trillion. do you want to saddle your York State is still putting in, paying nothing, and the Senate Democrats children with $1 trillion in costs for a out to the Federal Government, $18.9 have an amendment that they are new jet fighter plane when we have the billion more than it is getting back. We using to try to get back the funds for most modern sophisticated jet fighter do not have any big defense plants, we the summer youth employment pro- planes already? One is being manufactured at Mari- do not have any disasters like hurri- gram. They have an amendment which etta, GA, in Speaker GINGRICH’s dis- canes or earthquakes or floods. There includes a number of things, Senate trict. That one, the F–22, is already the are a number of ways that we do not Democratic education—this is as of most sophisticated thing you can imag- receive money back from the Federal March 12. I am reading from the day’s Government that other areas do. High- ine. Why do we need another set? national journal, Congress Daily. Sen- We say we are going to downsize Gov- way funding; we have a great need for ate democratic education amendment ernment, the era of big Government is mass transit funds, and they are being would provide $1.28 billion for the title over, but the defense spending contin- cut. I compensatory education program, ues to go on at the same pace. The CIA Now I want to focus on the summer $208 million for school improvement youth employment program. But you is the same size that it was 10 years programs, $91 million for school-to- ago. Yet we say we are downsizing Gov- cannot tell the whole story and you work programs, and $60 million for the ernment. cannot show how vicious, how vicious Goals 2000 program. We also insist that places like New the process is here in Washington, un- b 2315 York State and New York City get less you look at the total picture. their house in order in order to qualify And at this point I want to pause and In addition, the Democratic amend- for the largesse that the Federal Gov- make certain that everybody under- ment would provide $136 million for ernment confers upon them. I have just stands that for the next few days we Head Start, as well as $635 million for told you, the Federal Government does are going to be talking about this prob- the Labor Department’s Summer Jobs not do New York State any favors. lem. The summer youth employment Program and $333 million for aid to dis- If New York State stood alone, it program will be on our agenda, and a located workers. The Democratic would be in receipt of $18.9 billion that lot of people say, well, the situation is amendment is being proposed but there it does not have now. If you gave us not so bad because the continuing reso- is no guarantee that that is going to be back the $18.9 billion in 1994 that we lution says that all programs will be passed. We are in a situation where the paid into the Federal Government, funded at 75 percent of their last year’s summer youth employment program which was greater than the amount we funding level. Well, you know that is has zero in the budget for it at this got back in terms of aid, we could solve not true of the summer youth employ- point, and a lot of work has to be done our budget problems. ment program. The last year was ze- to save the situation. In fact, just give us back half that roed out. There is no authorization, Why the hostility toward the sum- amount. If we had $9 billion, the New there is no—the rescission process mer youth employment program? Why York State budget could be balanced, killed the program. So it would be 75 are we in a situation in a Congress we could increase the budget for edu- percent of zero that you are talking where family values are touted by ev- cation, we could take care of our own about. erybody on both sides of the aisle, in a youth this summer. We could have a Let me read from the latest state- Congress where young people are said New York State summer youth em- ment on it that appeared just a few to be of great concern by both sides of ployment program, if you give us back days ago in the House action reports. the aisle, and I have heard the Repub- the great amount of money we pay in The Congressional Quarterly’s House lican majority speak again and again that we do not get back in terms of aid. action report reads that the bill that about being concerned about the fu- I mention this because last Thurs- the House has put forth, H.R. 1944, has ture. Children are the future, should day, March 7, the Washington Post, and no funds for the summer youth employ- not be made to pay for the debts that I think it is very significant that the ment program. Yes, the President had we make today. They are very con- Washington Post did this and not the requested $958 million for this program, cerned about drastic budget cuts, dra- New York Times. I would like to know but since the fiscal year 1995 rescis- conian cuts in order to guarantee that where is the New York Times on this sions and disaster supplement appro- our children will not have to pay for issue. I have never seen them do an ar- priations bill—I am sorry that was H.R. the debts we make today. ticle of this magnitude. The Washing- 1944. The bill that we are talking about I am glad they are so concerned ton Post, last Thursday, had a front is the appropriations bill for the Labor, about children. I am, also. There is a page article which talked about this Education and Health. That is the bill lot of concern about unborn children, very situation. we are talking about, H.R. 2127. H.R. children in the womb. I am concerned It is entitled, ‘‘U.S. to New York: It’s 2127 for this year is the bill that has about them, too. I think every mother Still Dutch Treat. Balance of Taxes to this language in it—I mean that has no who has a child has to think twice Services Favors Washington—So Does funds for the summer youth employ- about it, because of this cruel back- the Rhetoric.’’ It was written by a re- ment program. ward world we live in where we will porter, a Washington Post staff writer, March 12, 1996 CONGRESSIONAL RECORD — HOUSE H2119 named Malcolm Gladwell. Mr. Gladwell the best-kept secrets in American politics, ened out. It is still going on. They put makes some very interesting state- an idea that—if it ever gained currency— out reports that are not very clear, but ments here, and I commend him on his could force a fundamental transformation in at least $300 billion of public money the relationship between the Federal Gov- research here but I marvel at his na- ernment and the States. has gone down the drain. ivete. I am going to read some of this. That is the private sector taking the Here is where I applaud Mr. We have a little time left. money out of the cities, refusing to in- Gladwell’s naivete. It is a beautiful pu- Quoting from Mr. Gladwell’s article vest in the cities, and putting it into rity. He thinks that if we really under- on the front page of the Washington so-called better investments in the stood the facts, if we really had the in- Post: South, the West, the Midwest, and los- formation, it would change our behav- ing the money. Now we have the Fed- In a memorable outburst late last year, ior. But, of course, most of the people Representative Newt Gingrich declared that eral Government, and this has been on the Budget Committee here, Repub- New York City was saddled with ‘‘a culture going on for some time. It was started of waste for which they want us to send a licans and Democrats, understand this fact very well. Most of the people on really by the New Deal, and I am going check.’’ The rest of the country, the House to read on quickly because he talks Speaker said, in a blunt summation of Fed- the Appropriations Committee under- about that. eral urban policy, ‘‘ is not going to bail out stand this fact. They are not dumb. the habits that have made New York so ex- The idea that Congressmen are dumb The New Deal was an altruistic ac- traordinarily expensive.’’ and do not understand statistics and do tion, where Franklin Roosevelt and the I guess one of those programs that not understand the complexities of the people who conceived the New Deal have made us extraordinarily expen- modern world is a ridiculous idea. Con- were not dumb, either. They under- sive is the summer youth employment gressmen are some of the smartest peo- stood that the wealth was in the North- program. We get more than anybody ple in the world. They understand. east. They understood that the States else in terms of young people because They have the knowledge. But where is in the Northeast had more money, and we have more poor young people in our the morality? Where is the integrity they wanted to help the rest of the city than anybody else. which says that this is not just? I am country by having programs which To repeat the quote, NEWT GINGRICH going to read Mr. Gladwell’s statement spread the money across the rest of the says, ‘‘We will not be saddled with a again. country. They wanted to. culture of waste for which they want us The idea that cities like New York run They did not talk about States to send a check. The Federal Govern- huge surpluses with Washington is, accord- rights. If New York had talked about ment is not going to bail out the habits ing to urban experts and economists, one of States rights 50 years ago, then you that have made New York so extraor- the best-kept secrets in American politics, would have never had the money to dinarily expensive.’’ an idea that—if it ever gained currency— have the agricultural subsidy program Continuing to read Mr. Gladwell’s ar- could force a fundamental transformation in across the rural areas of the country. the relationship between the Federal Gov- You would not have the money to re- ticle: ernment and the States. As Republicans campaign in the New York build the infrastructure in the cities. I hope that by ‘‘currency’’ he means The WPA would have been limited to primary, no one is talking about aid to the that the American people, ordinary cities, mass transit and urban renewal. And those States that could pay for it. the prevailing assumption in Washington, as people with common sense out there, But they did not have States rights Gingrich put it, is that places like New York are going to learn more and more and block grants and all this nonsense City are financial sinkholes, inefficient, about this injustice and begin to pres- about States being able to administer wasteful, and a drain on the public purse. It sure to have something done about it. programs better. Fortunately, that was is a powerful new idea, central to the fate of I hope that that is what he means, be- not around, and the beneficiaries of American urban life. But it has one problem, cause it is understood by the people that are mainly the southern States. economists say: It isn’t true. who are making policy here. They are According to statistics complied by econo- Southern States get more than any- mists at Harvard University, Illinois, Massa- bullying the situation. Power, the body else. When you add up all the fig- chusetts, Ohio, New Jersey and Michigan—in power to harass the cities, the power to ures in this same Harvard report, $65 other words, those States powered by the neglect the cities, the power to swindle billion more go into the southern metropolitan economies of older cities such the cities. States than they pay out to the Fed- as Chicago, Boston, Cincinnati and Detroit— We had a big swindle in the private eral Government; $65 billion. all send billions of dollars more to Washing- sector. Money flowed from the deposi- One of the biggest recipients is Mis- ton each year in Federal taxes than they get tors in New York City, Detroit, Phila- back in social programs, defense spending or sissippi. It gets $6 billion more from delphia. The big cities of the Northeast the Government than it pays in. But public works projects. And the biggest con- poured money into their banks and the tributor of all to the Federal budget—the Virginia, Georgia, a number of others, cash cow of the United States Treasury—is banks would not invest in the big Georgia gets $2 billion more from the the place Gingrich derided as a dead weight cities, very little investment in the in- Federal Government than it pays in. on the rest of the country: New York City. frastructure, very little investment in The county where the Speaker resides New York State in 1994 contributed shopping malls, in stores there. They is the county that gets the most money $18.9 billion more to the Federal Gov- said that the cities were a bad risk, so from the Federal Government per cap- ernment than it received in return. It the money flowed out to the Midwest, ita than any other county in the coun- ran a surplus of that amount in 1994. the South, the West, into the savings try, in the whole country. Speaker and loan associations, into the banks, The Speaker’s home State of Georgia, GINGRICH’s district gets more money meanwhile, is one of a large number of and they used the money to invest in from the Federal Government per cap- southern, largely Republican States that re- shopping malls and condominiums and ita, per person, than any other. ceive far more from the Federal Government all kinds of programs which were sup- Let me read on from the Washington than they send out in taxes. posed to be not risks but good buys, Post article of Tuesday, March 7, by Quoting Mr. MOYNIHAN: good investments. Mr. Malcolm Gladwell: I told Mr. Gingrich, what are you talking Then came the savings and loan scan- dal, which up to $300 billion was found It strongly suggests, for example, that the about, my friend? In Atlanta, 59 percent of decline of many northeastern American the children are on AFDC, Aid to Families to be bad investments or crooked in- cities may be due not just to mismanage- with Dependent Children, in a single year. vestments, stupid investments, and the ment—as is now popularly imagined—but to Where do you think that money from from? taxpayers of the whole country were the emptying of their coffers by the Federal By the way, Atlanta is in Georgia, in saddled with a bill which they do not Government. case somebody does not have their ge- even know about yet because nobody b ography straight. Atlanta is in Geor- talks honestly about it in the Govern- 2330 gia. Georgia is the Speaker’s home ment here, of about $300 billion it has It also suggests that keeping cities healthy State. amounted to, the savings and loan should not be seen by Congress as an act of The idea that cities like New York run swindle, money we have to pay back to charity so much as a prudent step to protect huge surpluses with Washington is, accord- depositors, plus the administration of one of the Treasury’s real moneymakers. ing to urban experts and economists, one of the process of getting all this straight- Let me repeat that. H2120 CONGRESSIONAL RECORD — HOUSE March 12, 1996 The cities should not be treated as an act tems that are not needed, then you are Now we are on our knees again beg- of charity, certainly a few steps higher on the ging. We are begging to help young Aid to cities: moral plane than those people who are people, begging to do something which So much as a prudent step to protect one spending it for weapons systems. makes a great deal of sense. We are of the Treasury’s greatest moneymakers. They go on to say: begging to do something which any- Money has been drained steadily from the By national standards, our Medicaid pro- body with common sense knows is cities. The policies of the Federal Govern- grams tend to be quite lavish. But if all the right and is productive. We are beg- ment the last 20 years have been draining payments the Federal government makes to ging. money away from the cities, but the cities the States are totaled, the Northeast’s share are the moneymakers. Let me just conclude by saying that of money for welfare, salaries of military I appreciate the eloquent statements Cities are still, despite this great personnel, public works projects, social secu- drain and despite the stress on their in- rity checks, highway construction, and other made by the persons who were con- frastructures, they are still producing federally funded programs lags well behind cerned about teenage pregnancy. But I more tax money than any other part of the rest of the country. New York State got am very sorry that the hypocrisy is so the country: $3,948 per capita from Washington in 1994, thick in this Chamber. I am very sorry while New Jersey received less, $3,648. Both there is so much hypocrisy that we can Manhattan sends an awful lot of money to were well below the national average of talk in ‘‘hifalutin’’ terms about helping Washington, says Sigurd Grava who teaches $4,732 and far behind North Dakota at $6,001, urban planning at Columbia University. But teenagers with the problem of teenage or New Mexico at $6,734, both of which re- pregnancy, helping teenagers with Manhattan is beginning to suffer from prob- ceived large Federal agricultural and land lems that require very heavy capital invest- management subsidies. their lives, sense of self-worth, and ment, and that is where we should expect the then we turn down a program which is You want to know where the money money to be coming back. And if the money directly aimed to help teenagers. is going in this country? You want to does not come back from the Federal Gov- Let me tell you about the teenage ernment, then we have a serious dislocation. know where the great injustice is, The cow is being milked in the city, and that where those people who are really on problem where it first originated in is fine because that is what cows are for. But corporate welfare because many of America. Let me tell you about the you have to feed the cow, too. these agricultural subsidies are not teenage pregnancy, where it happened, There are two reasons why States in the going to individuals and families, they overwhelming in moral terms. Ameri- Northeast tend to pay much more to Wash- are going to agricultural businesses, ca’s greatest teenage pregnancy prob- ington than they get back. The first is that lem existed for 232 years, when Afri- the northeast is still, as it has been since co- and it is going to States that receive Federal agricultural and land manage- cans were enslaved in this country. For lonial days, the seat of much of the coun- 232 years, African girls who were try’s wealth. As a result, the region pays the ment subsidies. The biggest winner of lion’s share of the country’s taxes. all in terms, and economists say there enslaved were required in this country to become pregnant in order to be able I heard somebody here before talking is nothing wrong with this kind of in- to keep eating. about the terrible amount of taxes the come redistribution. In an open econ- pay, and I think the American people omy such as ours, it is not necessary, Let me read you just in closing from really deserve as individuals and fami- even desirable, that Federal expendi- ‘‘Bull Whip Days: The Slaves Remem- lies to be relieved of some of the tax tures of taxes always be in balance in bered,’’ an oral history, where the burden. We should have corporations every State. slaves during the Federal rightist paying a greater share of the taxes, be- Harvard economists Monica Friar project told their stories, and they cause corporations are making great and Herman Leonard wrote in a 1995 were recorded and here is a slave amounts of money. We should do some- balance of payments report, an annual named Hilliard Yellerday, who says, thing about the great tax burden on study initiated 20 years ago by Senator and this is teenage pregnancy on a the families. But let us understand Moynihan, indeed one of the main pur- massive scale, when a girl became a where the taxes are coming from. They poses of a progressive income tax is woman, she was required to go to a are still coming from the Northeast in that the more well-to-do, wherever man and become a mother. There was great amounts. they may reside, pay a higher share for generally a form of marriage. The mas- In New York State, for example, the the services provided by the govern- ter read a paper to them telling them per capita income in 1994 was $25,999, ment. they were man and wife. Some were which means, according to the Harvard They go on to talk about the New married by the master laying down a study, on average every New Yorker Deal and how the people who concocted broom and the two slaves, man and paid just about $5,000 in Federal taxes. the New Deal knew that they were woman, would jump over it. The mas- In Connecticut, the same statistics are spreading the wealth throughout the ter would then tell them they were $29,402, and $6,281 for every individual entire country, what would they say if man and wife, and they could go to bed family. they heard people talk about block together. But in a much poorer State, such as grants now and the States having the Master would sometimes go and get a South Carolina, for example, where the right to do what they want to do. large hale, hearty Negro man from per capita income is $17,695 the average New Yorkers ought to wake up. some other plantation to go to his Federal tax bill was just $3,816. The Maybe they ought to get on board Negro woman. He would ask the other other side of the equation is that what block grants, States’ rights, and have master to let this man come over to his States get back from Washington, and New Yorkers have the right to take the place to go to his slave girls. A slave here the Northeast is an exception as money back. If New York had control girl was expected to have children as well, New York State, New Jersey, and of the $18.9 billion, the State, half of soon as she became a woman. Some of Connecticut each have over the years that is the city, $9 billion, we could them had children at the age of 12 and gotten a big chunk of Federal funds for have a summer youth program without 13 years old. Negro men 6 feet tall went Medicaid programs. We have been criti- begging anyone. We have been begging, to some of these children. cized for spending money on Medicaid begging; we begged last year. I have a This is a testimony by Hilliard and Medicare. I say if you are going to set of letters here written by the Con- Yellerday, an ex-slave woman. spend money, and I can think of no gressional Black Caucus, where we Here is a system that oppressed teen- more noble way to spend it than to begged the Honorable MARK HATFIELD, agers, and we have a system that ne- help people, if they are spending it for Senate Committee on Appropriations, glects teenagers, plays games with the health of people, to take care of we begged Honorable BOB LIVINGSTON, teenagers, and refuses to offer the sim- people, the elderly, the sick, the in- chairman of the Committee on Appro- plest form of health at the lowest cost, jured, children, their health, then that priations, we begged DAVID OBEY to the summer youth employment pro- is a great way to spend money. help us, we begged ROBERT BYRD, the gram. We are in a moral dilemma as Let us get rid of the corruption in ranking member on the Senate Com- great as those slave masters who made health care programs. Let us get rid of mittee on Appropriations, we begged their slave girls become pregnant as the waste, but if you are spending it on for a summer youth employment pro- soon as they were old enough to be- health care instead of on weapons sys- gram in 1995. come pregnant. March 12, 1996 CONGRESSIONAL RECORD — HOUSE H2121

LEAVE OF ABSENCE Ms. ROS-LEHTINEN. Bank of the United States, and to allow the Export-Import Bank to conduct a dem- By unanimous consent, leave of ab- Mr. HAYWORTH. Mr. SCHAEFER. onstration project. sence was granted to: Mr. GOODLING. January 16, 1996: Mrs. COLLINS of Illinois (at the re- Mr. RADANOVICH. H.R. 1295. An act to amend the Trademark quest of Mr. GEPHARDT) for today and Mr. LAZIO of New York. Act of 1946 to make certain revisions relat- the balance of the week, on account of Mr. MCDADE. ing to the protection of famous marks. medical reasons. Mr. WATTS of Oklahoma. f Mrs. CHENOWETH (at the request of f BILLS AND JOINT RESOLUTIONS Mr. ARMEY) for today and March 13, on APPROVED account of medical reasons. ENROLLED BILL SIGNED Mr. CHRISTENSEN (at the request of Mr. Thomas, from the Committee on The President notified the Clerk of Mr. ARMEY) for today, on account of a House Oversight, reported that that the House that he approved and signed death in the family. committee had examined and found on the following dates bills and joint resolutions of the House of the follow- f truly enrolled a bill of the House of the following title, which was thereupon ing titles: SPECIAL ORDERS GRANTED signed by the Speaker: January 4, 1996: By unanimous consent, permission to H.R. 927. An Act to seek international H.J. Res. 153. Joint resolution making fur- sanctions against the Castro government in ther continuing appropriations for the fiscal address the House, following the legis- year 1996, and for other purposes. lative program and any special orders Cuba, to plan for support of a transition Gov- ernment leading to a democratically elected January 6, 1996: heretofore entered, was granted to: Government in Cuba, and for other purposes. H.J. Res. 134. Joint resolution making fur- (The following Members (at the re- ther continuing appropriations for the fiscal f quest of Ms. JACKSON-LEE of Texas) to year 1996, and for other purposes. revise and extend their remarks and in- BILLS PRESENTED TO THE H.R. 1358. An act to require the Secretary clude extraneous material:) PRESIDENT of Commerce to convey to the Common- wealth of Massachusetts the National Ma- Mr. PALLONE, for 5 minutes, today. Mr. Thomas, from the Committee on rine Fisheries Service laboratory located on Ms. NORTON, for 5 minutes, today. House Oversight, reported that that Emerson Avenue in Gloucester, Massachu- (The following Members (at the re- committee did on the following days setts. quest of Mr. GUTKNECHT) to revise and present to the President, for his ap- H.R. 1643. An act making appropriations extend their remarks and include ex- proval, bills of the House of the follow- for certain activities for the fiscal year 1996, traneous material:) ing titles: and for other purposes. Mr. MICA, for 5 minutes, on March 13. January 26, 1996: March 8, 1996: H.R. 2880. An act making appropriations Mr. CHRYSLER, for 5 minutes, today. H.R. 2778. An act to provide that members for fiscal year 1996 to make a downpayment of the Armed Forces performing services for Mr. BURTON of Indiana, for 5 minutes toward a balanced budget, and for other pur- the peacekeeping efforts in Bosnia and each day on March 12, 13, 14, and 15. poses. Herzegovina, Croatia, and Macedonia shall Mr. DUNCAN, for 5 minutes each day February 1, 1996: on March 12 and 14. be entitled to tax benefits in the same man- H.R. 1606. An act to designate the United ner as if such services were performed in a f States Post Office building located at 24 combat zone, and for other purposes. Corliss Street, Providence, Rhode Island, as H.R. 3021. An act to guarantee the continu- the ‘‘Harry Kizirian Post Office Building.’’ EXTENSION OF REMARKS ing full investment of Social Security and H.R. 2061. An act to designate the Federal other Federal funds in obligations of the By unanimous consent, permission to Building located at 1550 Dewey Avenue, United States. revise and extend remarks was granted Baker City, Oregon, as the ‘‘David J. Wheel- to: March 11, 1996: H.R. 927. An act to seek international sanc- er Federal Building.’’ (The following Members (at the re- tions against the Castro government in February 8, 1996: H.R. 2924. An act to guarantee the timely quest of Ms. JACKSON-LEE of Texas) and Cuba, to plan for support of a transition gov- payment of social security benefits in March to include extraneous matter:) ernment leading to a democratically elected 1996. Mr. ABERCROMBIE. government in Cuba, and for other purposes. February 10, 1996: Mr. SCHUMER in two instances. f H.R. 2029. An act to amend the Farm Credit Mrs. MEEK of Florida in two in- Act of 1971 to provide regulatory relief, and stances. BILLS APPROVED AFTER SINE DIE ADJOURNMENT for other purposes. Ms. DELAURO. February 12, 1996: Mr. PICKETT. The President notified the Clerk of H.R. 1868. An act making appropriations Mr. GUTIERREZ. the House that, subsequent to the sine for foreign operations, export financing, and Mr. POSHARD. die adjournment of the First Session of related programs for the fiscal year ending September 30, 1996, and for other purposes. Mrs. KENNELLY. the 104th Congress, he had approved H.R. 2111. An act to designate the Federal Ms. PELOSI. and signed on the following dates bills of the following titles: Building located at 1231 Nevin Avenue in Mr. JOHNSTON of Florida. Richmond, California, as the ‘‘Frank Hagel Mr. KLECZKA. January 4, 1996: Federal Building.’’ Mr. DELLUMS. H.R. 2808. An act to extend authorities H.R. 2726. An act to make certain technical Mr. COYNE. under the Middle East Peace Facilitation corrections in laws relating to Native Ameri- Act of 1994 until March 31, 1996, and for other Mr. MCDERMOTT. cans, and for other purposes. purposes. Mrs. SCHROEDER. February 13, 1996: January 6, 1996: H.R. 2353. An act to amend title 38, United Mr. ACKERMAN. H.R. 1655. An act to authorize appropria- States Code, to extend the authority of the Mr. FAZIO of California. tions for fiscal year 1996 for intelligence and Secretary of Veterans Affairs to carry out Mr. JACOBS. intelligence-related activities of the United certain programs and activities, to require Mr. STARK in two instances. States Government, the Community Man- certain reports from the Secretary of Veter- Mr. FRANK of Massachusetts. agement Account, and the Central Intel- ans Affairs, and for other purposes. ligence Agency Retirement and Disability Mr. TORRES. H.R. 2657. An act to award a congressional System, and for other purposes. gold medal to Ruth and Billy Graham. Mrs. MINK of Hawaii. January 10, 1996: (The following Members (at the re- March 5, 1996: H.R. 394. An act to amend title 4 of the H.R. 1718. An act to designate the United quest of Mr. GUTKNECHT) and to include United States Code to limit State taxation States courthouse located at 197 South Main extraneous matter:) of certain pension income. Street in Wilkes-Barre, Pennsylvania, as the H.R. 2627. an act to require the Secretary Mr. HOKE. ‘‘Max Rosenn United States Courthouse.’’ of the Treasury to mint coins in commemo- Mr. SOLOMON. ration of the sesquicentennial of the found- f Mr. BURTON of Indiana. ing of the Smithsonian Institution. SENATE BILLS APPROVED Mr. KNOLLENBERG. January 11, 1996: Mr. WALKER. H.R. 2203. An act to reauthorize the tied The President notified the Clerk of Mrs. ROUKEMA. aid credit program of the Export-Import the House that he approved and signed H2122 CONGRESSIONAL RECORD — HOUSE March 12, 1996 on the following dates bills of the Sen- with Norway for development of a composite REPORTS OF COMMITTEES ON ate of the following titles: hull structural monitoring system (Trans- PUBLIC BILLS AND RESOLUTIONS mittal No. 05–96), pursuant to 22 U.S.C. February 6, 1996: 2767(f); to the Committee on International Under clause 2 of rule XIII, reports of S. 1341. An act to provide for the transfer Relations. committees were delivered to the Clerk of certain lands to the Salt River Pima-Mar- for printing and reference to the proper icopa Indian Community and the city of 2228. A letter from the Assistant Legal Ad- Scottsdale, Arizona, and for other purposes. viser for Treaty Affairs, Department of calendar, as follows: February 8, 1996: State, transmitting copies of international Mr. BLILEY: Committee on Commerce. S. 652. An act to promote competition and agreements, other than treaties, entered into H.R. 2972. A bill to authorize appropriations reduce regulation in order to secure lower by the United States, pursuant to 1 U.S.C. for the Securities and Exchange Commis- prices and higher quality services for Amer- 112b(a); to the Committee on International sion, to reduce the fees collected under the ican telecommunications consumers and en- Relations. Federal securities laws, and for other pur- courage the rapid deployment of new tele- 2229. A letter from the Auditor, District of poses; with an amendment (Rept. 104–479). communications technologies. Columbia, transmitting a copy of a report Referred to the Committee of the Whole February 10, 1996: entitled ‘‘Program Review of the Economic House on the State of the Union. S. 1124. An act to authorize appropriations Development Finance Corporation For Fis- Ms. PRYCE: Committee on Rules. House for fiscal year 1996 for military activities of cal Year 1994,’’ pursuant to D.C. Code, sec- Resolution 380. Resolution providing for con- the Department of Defense, for military con- tion 47–117(d); to the Committee on Govern- sideration of the bill (H.R. 2703) to combat struction, and for defense activities of the ment Reform and Oversight. terrorism (Rept. 104–480). Referred to the Department of Energy, to prescribe person- 2230. A letter from the Assistant Secretary House Calendar. nel strengths for such fiscal year for the for Human Resources and Administration, f Armed Forces, to reform acquisition law and Department of Energy, transmitting a report information technology management of the of activities under the Freedom of Informa- DISCHARGE OF COMMITTEES Federal Government, and for other purposes. tion Act for calendar year 1995, pursuant to 5 U.S.C. 552(e); to the Committee on Govern- Pursuant to clause 5 of rule X the fol- f ment Reform and Oversight. lowing action was taken by the ADJOURNMENT 2231. A letter from the Director, Office of Speaker: Personnel Management, transmitting notifi- Mr. OWENS. Mr. Speaker, I move [The following action occurred on March 11, cation that it is in the public interest to use 1996] that the House do now adjourn. procedures other than full and open competi- The motion was agreed to; accord- H.R. 2276. The Committees on Government tion to award a particular OMP contract, Reform and Oversight and the Budget dis- ingly (at 11 o’clock and 39 minutes pursuant to 41 U.S.C. 253(c)(7); to the Com- charged from further consideration. Referred p.m.), the House adjourned until to- mittee on Government Reform and Over- to the Committee of the Whole House on the morrow, Wednesday, March 13, 1996, at sight. State of the Union. 11 a.m. 2232. A letter from the Vice President and General Counsel, Overseas Private Invest- f f ment Corporation, transmitting a report of PUBLIC BILLS AND RESOLUTIONS EXECUTIVE COMMUNICATIONS, activities under the Freedom of Information Act for calendar year 1995, pursuant to 5 ETC. Under clause 5 of rule X and clause 4 U.S.C. 552(e); to the Committee on Govern- of rule XXII, public bills and resolu- Under clause 2 of rule XXIV, execu- ment Reform and Oversight. tions were introduced and severally re- tive communications were taken from 2233. A letter from the Secretary of Trans- ferred as follows: portation, transmitting a report of activities the Speaker’s table and referred as fol- By Mr. WALKER (for himself, Mr. lows: under the Freedom of Information Act for calendar year 1995, pursuant to 5 U.S.C. BROWN of California, Mrs. MORELLA, [Omitted from the Record of March 8, 1996] 552(e); to the Committee on Government Re- Mr. SCHIFF, Mr. ROHRABACHER, Mr. CRAMER, Mr. DAVIS, Mr. EHLERS, Mr. 2222. A letter from the Chairman, Council form and Oversight. BOEHLERT, Mr. WELDON of Pennsylva- of the District of Columbia, transmitting a 2234. A letter from the Director, Selective nia, Mrs. SEASTRAND, Mr. HASTINGS copy of D.C. Act 11–217, ‘‘Closing of a Portion Service System, transmitting a report of ac- of Florida, Ms. LOFGREN, Mr. of a Public Alley in Square 5259, S.O. 92–45, tivities under the Freedom of Information MCHALE, Ms. EDDIE BERNICE JOHNSON Act of 1996,’’ pursuant to D.C. Code, section Act for calendar year 1995, pursuant to 5 of Texas, Mr. MINGE, Mr. OLVER, Ms. 1–233(c)(1); to the Committee on Government U.S.C. 552(e); to the Committee on Govern- RIVERS, Ms. JACKSON-LEE, and Mr. Reform and Oversight. ment Reform and Oversight. BAKER of California): 2223. A letter from the Chairman, Council 2235. A letter from the Administrator, H.R. 3060. A bill to implement the Protocol of the District of Columbia, transmitting a Small Business Administration, transmit- on Environmental Protection to the Ant- copy of D.C. Act 11–218, ‘‘Highway Trust ting a report of activities under the Freedom arctic Treaty; to the Committee on Science, Fund Establishment Temporary Act of 1996,’’ of Information Act for calendar year 1995, and in addition to the Committees on Inter- pursuant to D.C. Code, section 1–233(c)(1); to pursuant to 5 U.S.C. 552; to the Committee national Relations, and Resources, for a pe- the Committee on Government Reform and on Government Reform and Oversight. riod to be subsequently determined by the Oversight. 2236. A letter from the Staff Director, U.S. Speaker, in each case for consideration of [Submitted March 12, 1996] Commission on Civil Rights, transmitting a such provisions as fall within the jurisdic- 2224. A letter from the Director, Office of report of activities under the Freedom of In- tion of the committee concerned. Management and Budget, transmitting formation Act for calendar year 1995, pursu- By Mr. YOUNG of Alaska: OMB’s estimate of the amount of discre- ant to 5 U.S.C. 552(e); to the Committee on H.R. 3061. A bill to resolve certain convey- tionary new budget authority and outlays Government Reform and Oversight. ances under the Alaska Native Claims Set- for the current year, if any, and the budget 2237. A letter from the Chairman, U.S. Nu- tlement Act related to Cape Fox Corp., and year provided by H.R. 1868, pursuant to Pub- clear Regulatory Commission, transmitting for other purposes; to the Committee on Re- lic Law 101–508, section 13101(a) (104 Stat. a report of activities under the Freedom of sources. 1388–578); to the Committee on the Budget. Information Act for calendar year 1995, pur- By Mr. COX of California (for himself 2225. A letter from the Administrator, Na- suant to 5 U.S.C. 552(d); to the Committee on and Mr. DUNCAN): tional Aeronautics and Space Administra- Government Reform and Oversight. H.R. 3062. A bill to authorize the States to tion, transmitting the Administration’s re- 2238. A letter from the President, Boy assist the Attorney General in performing port entitled ‘‘Annual Report to Congress— Scouts of America, transmitting the Boy functions under the Immigration and Na- Progress on Superfund Implementation in Scouts of America 1995 report to the Nation, tionality Act relating to deportation of Fiscal Year 1995,’’ pursuant to 45 U.S.C. 9651; pursuant to 36 U.S.C. 28; to the Committee aliens; to the Committee on the Judiciary. to the Committee on Commerce. on the Judiciary. By Mr. ARCHER (for himself and Mr. 2226. A letter from the Director, Defense 2239. A letter from the Comptroller General THOMAS): Security Assistance Agency, transmitting of the United States, transmitting a report H.R. 3063. A bill to amend the Internal Rev- notification concerning the design and devel- entitled, ‘‘Financial Audit: Federal Family enue Code of 1986 to improve portability and opment subphase two of the NATO Improved Education Loan Program’s Financial State- continuity of health insurance coverage in Link Eleven [NILE] project (Transmittal No. ments for Fiscal Years 1994 and 1993’’ (GAO/ the group and individual markets, to combat 06–96), pursuant to 22 U.S.C. 2767(f); to the AIMD–96–22), pursuant to Public Law 101–576, waste, fraud, and abuse in health insurance Committee on International Relations. section 305 (104 Stat. 2853); jointly, to the and health care delivery, to promote the use 2227. A letter from the Director, Defense Committees on Government Reform and of medical savings accounts, and to simplify Security Assistance Agency, transmitting Oversight and Economic and Educational the administration of health insurance; to notification concerning a cooperative project Opportunities. the Committee on Ways and Means, and in March 12, 1996 CONGRESSIONAL RECORD — HOUSE H2123

addition to the Committees on Economic and By Mr. FATTAH (for himself, Mr. H.R. 779: Mr. DIXON, Ms. EDDIE BERNICE Educational Opportunities, Commerce, and HILLIARD, Mrs. MEEK of Florida, Mr. JOHNSON of Texas, and Ms. BROWN of Florida. the Judiciary, for a period to be subse- JEFFERSON, Mr. GORDON, Ms. NORTON, H.R. 780: Mr. DIXON, Ms. EDDIE BERNICE quently determined by the Speaker, in each Mr. ENGLISH of Pennsylvania, Mr. JOHNSON of Texas, and Ms. BROWN of Florida. case for consideration of such provisions as DELLUMS, Mr. FOGLIETTA, Mr. H.R. 833: Ms. BROWN of Florida. fall within the jurisdiction of the committee HINCHEY, Ms. EDDIE BERNICE JOHNSON H.R. 878: Mr. WHITFIELD, Mr. FUNDERBURK, concerned. of Texas, Mr. GONZALEZ, Ms. JACK- and Mr. BAKER of Louisiana. By Mr. HOYER: SON-LEE, Mr. KLECZKA, Mr. KLINK, H.R. 957: Mr. WELLER. H.R. 3064. A bill to increase the overall Mr. PASTOR, Mrs. COLLINS of Illinois, H.R. 969: Mr. TRAFICANT. H.R. 972: Mrs. LINCOLN. economy and efficiency of Government oper- Mr. BARRETT of Wisconsin, Mr. H.R. 1127: Mr. CRAPO. ations and enable more efficient use of Fed- COYNE, Mr. CLINGER, Mr. UNDERWOOD, H.R. 1226: Mr. HUTCHINSON and Mr. eral funding, by coordinating Federal finan- Mr. QUINN, Mrs. CLAYTON, Mr. FOX, CUNNINGHAM. cial assistance programs and promoting Mr. OWENS, Mr. FRAZER, Mr. RUSH, H.R. 1462: Mr. CARDIN and Mr. QUINN. local flexibility; to the Committee on Gov- Mr. TOWNS, Mr. JACOBS, Mr. THOMP- ernment Reform and Oversight. H.R. 1499: Mr. HAMILTON. SON, Ms. MCKINNEY, Mr. HASTINGS of H.R. 1527: Mr. MCINNIS. By Mr. COBURN (for himself, Mr. Florida, Mr. CLYBURN, Mr. PAYNE of H.R. 1591: Mr. BRYANT of Texas. BURR, Mr. STUPAK, and Mrs. LIN- New Jersey, Mr. CLEMENT, Mr. H.R. 1618: Mr. HANCOCK. COLN): GUTIERREZ, Mr. ABERCROMBIE, Mr. H.R. 1625: Mrs. CHENOWETH and Mr. H.R. 3065. A bill to amend the Federal NADLER, Mr. CONYERS, Ms. LOFGREN, COBURN. Food, Drug, and Cosmetic Act to revise the Mr. HORN, Mr. STOKES, Mr. BROWN of H.R. 1627: Mr. MCDADE. review of radiopharmaceuticals under sec- California, Mr. FLAKE, Mr. BONIOR, H.R. 1677: Mr. DINGELL. tion 505 of such act; to the Committee on Mr. FROST, Mr. BRYANT of Texas, Mr. H.R. 1733: Mr. LONGLEY, Mr. MONTGOMERY, Commerce. KILDEE, Mr. WYNN, Mr. RICHARDSON, and Mr. CRANE. By Mr. CUNNINGHAM: Mr. FIELDS of Louisiana, Mr. LEWIS H.R. 1776: Mr. EHLERS, Mr. FRELINGHUYSEN, H.R. 3066. A bill to amend the Native of Georgia, Ms. WATERS, Mr. SCOTT, Mr. PARKER, Mr. MCINTOSH, Mr. BARRETT of American Programs Act of 1974 to authorize Mr. DIXON, Mr. LIPINSKI, and Mr. Wisconsin, Mr. ENGLISH of Pennsylvania, Mr. appropriations for fiscal year 1997, 1998, 1999, ENGEL): KLECZKA, and Mr. MONTGOMERY. 2000, and 2001; and for other purposes; to the H. Con. Res. 151. Concurrent resolution rec- H.R. 1805: Mr. TRAFICANT, Mr. WHITFIELD, Committee on Economic and Educational ognizing the importance of African-Amer- Mr. FUNDERBURK, Ms. MOLINARI, and Mr. Opportunities. ican music to global culture and calling on PETE GEREN of Texas. By Mr. FAZIO of California (for himself the people of the United States to study, re- H.R. 1846: Mr. REED and Mr. FLAKE. and Mr. RIGGS): flect on, and celebrate African-American H.R. 1965: Mr. GALLEGLY, Mr. BILIRAKIS, H.R. 3067. A bill to control access to pre- and Mr. MCHUGH. cursor chemicals used to manufacture meth- music; to the Committee on Economic and Educational Opportunities. H.R. 2071: Mr. FRAZER. amphetamine and other illicit narcotics, and H.R. 2167: Mr. MARTINEZ and Mr. HALL of By Mr. LANTOS (for himself, Mr. BE- for other purposes; to the Committee on Ohio. REUTER, Mr. BARR, Mr. BASS, Mr. Commerce, and in addition to the Commit- H.R. 2270: Mr. LARGENT. BARTLETT of Maryland, Mr. tees on the Judiciary, and International Re- H.R. 2306: Mr. HINCHEY and Mr. HOYER. BALLENGER, and Mr. WATTS of lations, for a period to be subsequently de- H.R. 2400: Mr. HAYES and Mr. COBURN. Oklahoma): termined by the Speaker, in each case for H.R. 2480: Mr. MCHUGH. consideration of such provisions as fall with- H. Res. 378. Resolution deploring recent ac- H.R. 2511: Mrs. MALONEY. in the jurisdiction of the committee con- tions by the Government of Serbia that re- H.R. 2566: Mr. BARRETT of Wisconsin. cerned. strict freedom of the press and freedom of ex- H.R. 2579: Mr. HALL of Ohio, Mr. SMITH of By Mr. GUTKNECHT (for himself and pression and prevent the Soros Foundation New Jersey, Mr. CARDIN, and Mr. BRYANT of Mr. HANCOCK): from continuing its democracy-building and Tennessee. H.R. 3068. A bill to accept the request of humanitarian activities on its territory and H.R. 2634: Mr. HOLDEN. the Prairie Island Indian Community to re- calling upon the Government of Serbia to re- H.R. 2651: Mr. BONIOR, Mr. OLVER, and Mr. voke their charter of incorporation issued move immediately restrictions against free- FRANK of Massachusetts. under the Indian Reorganization Act; to the dom of the press and the operation of the H.R. 2654: Mr. WAXMAN. Committee on Resources. Soros Foundation; to the Committee on H.R. 2655: Mrs. ROUKEMA. By Mr. HAYWORTH: International Relations. H.R. 2664: Mr. CRAPO and Mr. POMEROY. H.R. 3069. A bill to authorize the Secretary By Mr. PORTER: H.R. 2682: Mr. LAZIO of New York. of the Interior to provide assistance to the H. Res. 379. Resolution expressing the sense H.R. 2694: Ms. NORTON, Mr. LAFALCE, Ms. Casa Malpais National Historic Landmark in of the House of Representatives concerning LOFGREN, Mr. FILNER, Mr. HINCHEY, Mr. Springerville, AZ; to the Committee on Re- the eighth anniversary of the massacre of FROST, Ms. EDDIE BERNICE JOHNSON of Texas, sources. over 5,000 Kurds as a result of a gas bomb at- and Mrs. LOWEY. By Mr. BILIRAKIS (for himself and Mr. tack by the Iraqi Government; to the Com- H.R. 2727: Mr. FUNDERBURK, Mr. NEY, and BLILEY): mittee on International Relations. Mr. HERGER. H.R. 3070. A bill to improve portability and H.R. 2740: Mr. BONO and Mr. MCCOLLUM. f continuity of health insurance coverage in H.R. 2747: Mr. YOUNG of Alaska, Mr. MINGE, the group and individual markets, to combat MEMORIALS and Mr. WELLER. waste, fraud, and abuse in health insurance H.R. 2757: Mr. COBLE, Mr. SANDERS, Mr. and health care delivery, and to simplify the Under clause 4 of rule XXII, memori- BOEHLERT, and Mr. KLECZKA. administration of health insurance; to the als were presented and referred as fol- H.R. 2771: Mr. BARTON of Texas. Committee on Commerce, and in addition to lows: H.R. 2779: Mr. BARCIA of Michigan, Mr. CAMP, Mr. CUNNINGHAM, Mr. GANSKE, Mr. the Committees on Ways and Means, the Ju- 205. The SPEAKER presented a memorial MCHUGH, Ms. PRYCE, and Mr. ROYCE. diciary, and Economic and Educational Op- of the Legislature of the State of West Vir- H.R. 2827: Mrs. LOWEY. portunities, for a period to be subsequently ginia, relative to requesting the Congress of H.R. 2828: Mr. BILIRAKIS and Mr. FOLEY. determined by the Speaker, in each case for the United States to enact legislation that consideration of such provisions as fall with- H.R. 2844: Mrs. LOWEY, Mr. FRAZER, Mr. would enable the States to control the indis- in the jurisdiction of the committee con- BLUTE, Mr. HOKE, and Mr. MEEHAN. criminate importation of solid waste; to the cerned. H.R. 2898: Mr. ALLARD and Mr. BROWNBACK. Committee on Commerce. By Mr. NADLER: H.R. 2911: Mr. BUNNING of Kentucky, Mr. H.R. 3071. A bill to combat terrorism; to f DORNAN, Mr. FUNDERBURK, Mr. STOCKMAN, the Committee on the Judiciary. Mr. HUTCHINSON, and Mr. HOLDEN. By Mr. PORTMAN: ADDITIONAL SPONSORS H.R. 2921: Mr. MILLER of Florida. H.R. 3072. A bill to direct the Secretary of Under clause 4 of rule XXII, sponsors H.R. 2925: Mr. SCARBOROUGH, Mr. KNOLLENBERG, Mr. BARCIA of Michigan, Mr. the Army to convey to the village of were added to public bills and resolu- Mariemont, OH, a parcel of land that is STUMP, Mr. TAYLOR of North Carolina, Mr. under the jurisdiction of the Corps of Engi- tions as follows: ZIMMER, Ms. DUNN of Washington, Mr. neers, and for other purposes; to the Com- H.R. 294: Mr. MOLLOHAN, Mr. OLVER, Mr. HOSTETTLER, Mr. SAXTON, Mr. FOX, Mr. mittee on Transportation and Infrastruc- GEJDENSON, Mr. MARTINEZ, Mr. SABO, Ms. BARR, Mr. HAYES, Mr. PORTMAN, Mr. MICA, ture. ROYBAL-ALLARD, Mr. JACOBS, Mr. EVANS, Mr. Mr. MCINTOSH, Mr. SALMON, Mr. COMBEST, By Mrs. ROUKEMA (for herself and Mr. LAHOOD, and Mr. WYNN. Mr. CRAMER, Mr. PICKETT, Ms. PRYCE, Mr. TORRICELLI): H.R. 449: Mr. THOMPSON. LATHAM, Mr. SHADEGG, Mr. NUSSLE, Mr. H.R. 3073. A bill to amend the Communica- H.R. 777: Mr. FLANAGAN, Mr. GUTIERREZ, THORNBERRY, Mr. DICKEY, Mr. CRAPO, Mr. tions Act of 1934 in order to allow the contin- and Mr. WATT of North Carolina. BUNNING of Kentucky, Mr. GORDON, Mr. DUN- ued operation of certain overlapping sta- H.R. 778: Mr. FLANAGAN, Mr. GUTIERREZ, CAN, Mr. SANFORD, and Mr. BARTLETT of tions; to the Committee on Commerce. and Mr. WATT of North Carolina. Maryland. H2124 CONGRESSIONAL RECORD — HOUSE March 12, 1996

H.R. 2926: Mr. OXLEY. H. Res. 39: Mr. PAYNE of New Jersey, Mr. in the inspection of cargo, vehicles, and air- H.R. 2938: Mr. NEY, Mr. LINDER, and Mr. SANDERS, Ms. LOFGREN, Mr. FARR, Mr. craft at points of entry into the United DAVIS. STARK, Mr. WYNN, Mr. HILLIARD, Mr. States. H.R. 2959: Mr. RIGGS and Mr. RICHARDSON. MCDERMOTT, Mr. DEFAZIO, Mr. REED, Mrs. ‘‘(2) Section 377 of this title shall apply in H.R. 2976: Mr. BURTON of Indiana, Mr. KENNELLY, Mrs. CLAYTON, and Mr. DURBIN. the case of Department of Defense personnel DEFAZIO, Mr. FROST, Mr. HILLIARD, Mr. H. Res. 358: Ms. PELOSI, Mr. TORRES, Mr. made available under paragraph (1).’’. HUTCHINSON, Mr. OLVER, Mr. POSHARD, and DOOLEY, and Mr. FRANK of Massachusetts. (b) CLERICAL AMENDMENTS.— Mr. RANGEL. f H.R. 2992: Mr. BLILEY. (1) The heading of such section is amended H.R. 2994: Ms. MOLINARI, Mrs. LOWEY, Mr. DELETIONS OF SPONSORS FROM to read as follows: HOUGHTON, Mr. WALSH, Mr. KLINK, Mr. PUBLIC BILLS AND RESOLUTIONS ‘‘§ 374. Use of personnel to maintain and oper- KLECZKA, Mr. NEAL of Massachusetts, and ate equipment and to provide other assist- Mr. DOOLITTLE. Under clause 4 of rule XXII, sponsors ance’’. H.R. 3002: Mr. HASTERT. were deleted from public bills and reso- H.R. 3011: Mrs. CHENOWETH, Mr. lutions as follows: (2) The item relating to such section in the CUNNINGHAM, Mr. FUNDERBURK, Mr. DAVIS, H.R. 1963: Mrs. THURMAN. table of sections at the beginning of chapter Mr. CRANE, and Mr. CLINGER. f 18 of title 10, United States Code, is amended H.R. 3012: Mr. BILIRAKIS, Mrs. COLLINS of Il- to read as follows: linois, Mr. LEWIS of Georgia, Mr. CONDIT, Ms. AMENDMENTS MCKINNEY, and Mr. THOMPSON. ‘‘§ 374. Use of personnel to maintain and oper- H.R. 3032: Mr. FOX. Under clause 6 of rule XXIII, pro- ate equipment and to provide H.R. 3043: Mr. GREENWOOD. posed amendments were submitted as other assistance.’’. H.R. 3050: Mr. BREWSTER, Mr. TRAFICANT, follows: (c) EFFECTIVE DATE.—Subsection (d) of sec- Mr. FROST, Mr. MINGE, and Mr. LIPINSKI. H.R. 2202 tion 374 of title 10, United States Code, as H.J. Res. 90: Mr. HANCOCK. OFFERED BY: MR. TRAFICANT added by subsection (a), shall take effect on H.J. Res. 117: Mr. BARCIA of Michigan. the date of the enactment of this Act. H.J. Res. 162: Mr. HUTCHINSON and Mr. AMENDMENT NO. 1: At the end of subtitle A HUNTER. of title I, add the following new section (and H.R. 2202 H. Con. Res. 10: Mr. CLINGER. conform the table of contents accordingly): OFFERED BY: MR. TRAFICANT H. Con. Res. 102: Mr. ROHRABACHER and Mr. SEC. 108. DETAIL OF DEPARTMENT OF DEFENSE OLVER. PERSONNEL TO ASSIST IMMIGRA- AMENDMENT NO. 2: After section 836, insert H. Con. Res. 119: Mr. SHAYS, Mr. DIXON, and TION AND NATURALIZATION SERV- the following new section (and conform the Mr. ROMERO-BARCELO. ICE AND CUSTOMS SERVICE. table of contents accordingly): H. Con. Res. 140: Mr. MARTINEZ, Mr. LEVIN, (a) AUTHORITY OF SECRETARY OF DE- SEC. 837. SENSE OF CONGRESS; REQUIREMENTS and Mr. FRANK of Massachusetts. FENSE.—Section 274 of title 10, United States REGARDING NOTICE. H. Con. Res. 149: Mr. WAXMAN, Mr. Code, is amended by adding at the end the HAYWORTH, Mr. MCDERMOTT, Mr. BENTSEN, following new subsection: (a) PURCHASE OF AMERICAN-MADE EQUIP- Mr. COBLE, Mr. HALL of Ohio, Mr. ROYCE, Mr. ‘‘(d)(1) During each fiscal year, the Sec- MENT AND PRODUCTS.—It is the sense of the FRANK of Massachusetts, Mr. ANDREWS, Mr. retary of Defense may make not more than Congress that, to the greatest extent prac- ZIMMER, Mr. JOHNSON of South Dakota, Mr. 10,000 Department of Defense personnel ticable, all equipment and products pur- DELAY, Mr. GRAHAM, Mr. SERRANO, Mr. available to assist— chased with funds made available under this HASTINGS of Washington, Ms. DELAURO, Mr. ‘‘(A) at the request of the Attorney Gen- Act should be American-made. OWENS, Mr. SHAYS, Mr. TAYLOR of North eral, the Immigration and Naturalization (b) NOTICE TO RECIPIENTS OF GRANTS.—In Carolina, Mr. MANZULLO, Ms. FURSE, Mr. Service in preventing the entry of terrorists, providing grants under this Act, the Attor- WATTS of Oklahoma, Mr. HAMILTON, Mr. drug traffickers, and illegal aliens into the ney General, to the greatest extent prac- HINCHEY, Mr. CUNNINGHAM, and Mr. MANTON. United States; and ticable, shall provide to each recipient of a H. Res. 30: Mr. KINGSTON, Mr. STARK, Mr. ‘‘(B) at the request of the Secretary of the grant a notice describing the statement DINGELL, Mr. LATHAM, and Mr. CHRISTENSEN. Treasury, the United States Customs Service made in subsection (a) by the Congress. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, SECOND SESSION

Vol. 142 WASHINGTON, TUESDAY, MARCH 12, 1996 No. 33 Senate The Senate met at 9:30 a.m. and was SCHEDULE The PRESIDING OFFICER (Mr. called to order by the President pro Mr. LOTT. Mr. President, there will CAMPBELL). Without objection, it is so tempore [Mr. THURMOND]. be a period for morning business until ordered. the hour of 10 a.m. today, with Sen- f PRAYER ators permitted to speak for up to 10 COMPLETE THE APPROPRIATIONS minutes each, except for the following: The Chaplain, Dr. Lloyd John PROCESS Senator FEINSTEIN of California for 15 Ogilvie, offered the following prayer: minutes. Mr. LOTT. Mr. President, I was Gracious Father, we thank You for At the hour of 10 a.m., the Senate shocked last week to read a headline in all of our faculties. But today, we will resume consideration of the con- one of the local publications that the praise You especially for the gift of tinuing resolution and the pending President was threatening to shut hearing. Help us never to take for amendment offered by Senator down the Government again. That was granted the amazing process by which DASCHLE. Under the previous order, at the headline: ‘‘Clinton Threatens Gov- sounds are registered on our eardrums, 2:15 p.m. today, there will be two con- ernment Shutdown.’’ and carried through the audio nerve to secutive rollall votes. The first will be It shocked me because I knew that, our cerebral cortex to be translated on invoking cloture on the D.C. appro- at that very time, the Senate Appro- into thoughts of recognition, com- priations conference report, to be fol- priations Committee was working on prehension, and response. Through this lowed by a vote on cloture on the mo- this omnibus appropriations bill, and it wondrous gift we can hear the spring tion to proceed to the Whitewater ex- was reported out of committee by a songs of robins returned, majestic tension resolution. Following those broad bipartisan vote with only two music of a sonata, loved one’s words of votes, the Senate will resume consider- Senators voting against the action by love and hope, and the truths of Your ation of the continuing resolution. the Appropriations Committee. own Word in the Bible as they are read Therefore, additional votes are ex- This legislation does include funds or proclaimed from across the reaches pected throughout the day. Also, the for the rest of the year for the five ap- of time. But most importantly, You Senate will recess from the hours of propriations bills that have not yet have given us listening hearts to hear 12:30 to 2:15 p.m. for the weekly policy been signed into law, two of which have what You have to say to us through the conferences to meet. not yet passed the Senate. Those two guidance of the Holy Spirit. It is still hoped we can reach agree- are the Labor-HHS-Education bill and Today, we dedicate our physical and ment for consideration of the small the conference report on the District of spiritual hearing systems to listen regulatory relief bill during the session Columbia appropriations bill, which is more attentively to You and to each today. We will make an effort to pro- being held up because some Members other. Forgive us when we are so occu- ceed on that legislation. We hope we do not want poor students in the Dis- pied with what we want to say that we can consider it before the week is out. trict of Columbia to have access to do not listen. Often we do not hear It has broad bipartisan support. I be- vouchers. The omnibus bill also in- each other because we have prejudged lieve it was reported unanimously from cludes three other appropriations bills what he or she will say. And there are the Small Business Committee. I have that have been vetoed by the Presi- times when we are so intent on doing had indications from Senators on both dent. our own will without consulting You sides of the aisle that they would like So there are five of them. Obviously, and listening to Your whisper in our to see this legislation moved, although everybody from the District of Colum- souls. We say with Samuel, ‘‘Speak there is some resistance to it, still bia to the Interior Department would Lord, Your servant is listening.’’ In the holding out hope we can move on the like to get this process completed. name of Him who taught us both to lis- broader regulatory reform. That would In the Appropriations Committee, ten and to pray. Amen. be ideal. But I still do not see much they also included emergency funds for real hope that can be accomplished, so the disasters that we have had in the f I would not want us to further hold up past few months across this country, good legislation on which we do have and they included funds for the United States peacekeeping effort in Bosnia. RECOGNITION OF THE ACTING agreement. So we will be seeking to All in all, the bill goes more than half- MAJORITY LEADER move that legislation before the week is out. way to meet the requests by the Presi- The PRESIDENT pro tempore. The Mr. President, I ask unanimous con- dent for additional funds. Keep in able acting majority leader, Senator sent that I be heard as in morning busi- mind, the President continues to ask LOTT. ness for the next 5 minutes. for more money. That is what is at

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

S1789

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VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1790 CONGRESSIONAL RECORD — SENATE March 12, 1996 stake here: He wants more money to RESERVATION OF LEADERSHIP Franklin D. Roosevelt aboard the USS Quin- spend—always more money to spend. TIME cy on the Great Bitter Lake. We celebrated While we are trying to impose some this as the occasion that launched the spe- The PRESIDING OFFICER. Under cial relationship between the Kingdom of reasonable restraints on the spending the previous order, leadership time is Saudi Arabia and the United States of Amer- of the Federal Government in the non- reserved. ica. That meeting, however did not occur in defense discretionary areas, he con- a vacuum. More than a decade before, King f tinues to ask for more money, $8 bil- Abdulaziz had signed the first oil concession lion more than was included in our ear- MORNING BUSINESS with an American oil company. The ensuing activities, culminating with the discovery of lier legislation. But this omnibus ap- The PRESIDING OFFICER. Under propriation includes a $4.7 billion move oil in commercial quantities in 1938, began to the previous order, the Senate will now lay the foundation of friendship and coopera- toward what the President has asked proceed to a period for the transaction tion that made the historic meeting between for, in the form of a contingency fund of morning business until 10 a.m., with the two great leaders possible. that the President could spend after Senators permitted to speak for up to The Saudi-American relationship began agreement is reached for counter- 10 minutes each, with one exception: with commerce and, more than six decades later, commerce remains one of the binding vailing savings in entitlement pro- Senator FEINSTEIN will be recognized grams. More than half a loaf in any forces that tie our two countries together. to speak for up to 15 minutes. American companies were there in the begin- process is a major concession. And yet, f ning, helping to build not only the world’s we are being told that is still not good largest oil industry, but the infrastructure, enough. THE UNITED STATES-SAUDI support systems, and educational institu- ECONOMIC PARTNERSHIP tions that go with it. This legislation includes approxi- Over the years, the business and economic mately $166 billion for these five bills Mr. LIEBERMAN. Mr. President, the relationship between our two countries has and the nine departments that are cov- economic and security partnership be- broadened and strengthened in parallel with ered by the bill. I repeat, $166 billion. tween the United States and Saudi the political friendship. The United States And yet, for an additional $3 billion, Arabia is vital to both nations. Strong has been Saudi Arabia’s number one trade the President says he will veto the business ties are a key element of this and investment partner for most of the past whole thing. I do not think that makes partnership. forty years. Even in more trying times, Saudi Arabia is America’s leading American business has stayed true to this sense. When the Senate is offering $166 partnership. More recently, even at personal billion, is the President really going to supplier of oil, while American tech- risk, American companies and their employ- veto this legislation and shut down the nology is important to the efficient de- ees stood together with us as we faced a Government to force us up to $169 bil- velopment of Saudi oil reserves. Amer- grave challenge from Iraq during Desert lion? ica’s substantial imports are offset by Shield and Desert Storm. In a sense, that ef- more than $6 billion dollars’ worth of fort was the largest of many joint ventures I do not think that is the way to exports to Saudi Arabia each year, between our two countries. The successful begin this process. Let us keep the principally of manufactured goods. cooperation of our soldiers was in no small rhetoric cool. Let us go forward with part made possible by the decades of friend- American firms have played an impor- ship that preceded it. this bill. Let us consider the amend- tant role in the development of Saudi ments that will be offered, and I am Modernization requires adaptation. With Arabia’s modern defense, transpor- determination, commitment, and confidence sure there will be a few—I hope only a tation, and communications infrastruc- in our ways, Saudi Arabia has taken control few, not many. We can, hopefully, get ture. My own home State of Con- of its own destiny and adapted to the re- it completed today, and it will go to necticut enjoys a healthy trade rela- quirements of a 21st century economy. We conference between the House and the tionship with Saudi Arabia, particu- have reduced our reliance on oil by diversi- Senate. fying into new industries that are driven by larly in the area of aircraft engines and the private sector. American companies have The House has added, I believe, $3.3 spare parts. When I visited Saudi Ara- been there, as they were at the beginning, to billion in additional funds; the Senate bia a few years ago, I experienced first- provide the technology and know-how to de- has added $4.7 billion. The administra- hand the hospitality and cooperation velop the industries of the future. They have tion will be involved, and in the con- which characterizes business as well as found the Kingdom to be a friendly, stable, ference that will ensue, hopefully an political dealings between Americans and profitable place to do business. and their Saudi partners. Anyone who doubts the strength of the agreement can be reached quickly on Saudi-American business partnership has the conference report. That way we can A recent special edition of Middle only to look at the more than $15 billion in send this legislation down to the Presi- East Insight was devoted to the six two-way trade between the two countries. dent, and he can sign it before the decades of business partnership be- This year alone, more than $12 billion in deadline of Friday midnight. Then the tween the United States and Saudi major airline, telecommunications, and affected departments and agencies can Arabia. I would like to share with my power projects have been awarded to Amer- know what they can count on for the colleagues an article by Prince Bandar ican companies, tens of thousands of Ameri- bin Sultan bin Abdulaziz, Ambassador cans live and work in the Kingdom through rest of this year. hundreds of joint ventures; and tens of thou- Or, if we run out of time or if difficul- of the Kingdom of Saudi Arabia to the sands of Saudis have lived, worked, and stud- ties are encountered, we will still have United States. As most of my col- ied in the United States, and have brought the option of passing a short-term con- leagues know, Prince Bandar has been back with them the best that America has to tinuing resolution, merely continuing a friend of the United States for a long offer, while maintaining a steadfast alle- time. He has represented Saudi Arabia giance to their own land, religion, and val- current law but with reduced funding. ues. Those options are out there. We should with dignity, energy, and intelligence. And he has contributed to a better un- The Saudi-American business partnership do our job, and we should do it without has deep roots and is sure to remain a vital the threat or the intimation that, if we derstanding of the United States in element in the overall US-Saudi relation- do not do it just the way one side or Saudi Arabia. I am pleased to provide ship. Two people who work so closely to- the other wants it, then there is going this short article for my colleagues and gether toward the common goals of security, to be another veto fracas. ask unanimous consent that it be prosperity, and economic advancement will printed in the RECORD. surely remain friends, and partners, far into I remind my colleagues that the veto There being no objection, the article the future. In celebrating this friendship, re- threat came from the President last was ordered to be printed in the member its beginnings in our shared com- mitment to open markets, free enterprise, week, and it came because he wants $3 RECORD, as follows: and the private pursuit of opportunity to the billion more added to a $166 billion bill. [From Middle East Insight] I do not think that makes good fiscal benefit of both our peoples. PARTNERS IN COMMERCE sense, and I hope we will take calm and f deliberative action to complete this (By H.R.H. Prince Bandar bin Sultan bin Abdulaziz) COMMUNITY DEVELOPMENT legislation either today or as soon as FINANCIAL INSTITUTIONS FUND possible tomorrow. Earlier this year, we marked the fiftieth anniversary of the historic meeting between Mr. LEAHY. Mr. President, I would Mr. President, I yield the floor. King Abdulaziz Al-Saud and President like to take this opportunity to thank

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1791 Senator BOND and Senator MIKULSKI services to moderate and low-income the system of segregation. Sixty years for including funding for the Commu- Vermonters since its inception in 1989. later, it was to produce a student body nity Development Financial Institu- Located in Vermont’s only Enterprise which stood at the vanguard of the tions [CDFI] Fund in the fiscal year Community, the credit union is unique- civil rights movement. As Christine 1996 omnibus appropriations bill. ly positioned to provide credit to the Crumbo of The State writes, ‘‘They The CDFI Fund is a key priority for State’s neediest residents. VDCU is ap- have always been the children of tradi- President Clinton. Its inclusion in title plying for CDFI funding to help them tion, the students of South Carolina I indicates an honest effort by Senator make long-term loans for affordable State. And the breakers of tradition.’’ BOND and Senator MIKULSKI to address housing, expand small business lend- The college opened its doors on Sep- the President’s concerns by providing ing, and develop partnerships with tember 27, 1896. Both of them. Its cam- real dollars for the programs important other service providers to find creative pus consisted of only two buildings, to the administration. If more dis- solutions to community development neither of which was furnished with agreements had been resolved with this financing. electricity or plumbing. However, the level of cooperation and compromise, Another Vermont organization hop- school had plenty of what was essen- we would be debating a bill today that ing to participate in the CDFI program tial: students. The original enrollment the President would be eager to sign. is the Vermont Community Loan Fund was approximately 1,000 people ranging President Clinton and Vice President [VCLF]. This statewide nonprofit com- from kindergarten to college level, GORE campaigned in 1992 to create a munity development financial inter- and, unlike other State colleges, S.C. new partnership with the private sec- mediary has been providing flexible fi- State was coeducational from the tor to revitalize economically dis- nancing and technical assistance to start. A great deal of credit goes to tressed communities. The President low-income Vermonters for almost a Thomas E. Miller, the school’s first and Vice President spoke passionately decade. Financial assistance from the president and founding father, who about their vision for supporting local CDFI Fund will allow the VCLF to fought to establish the school. He left community development banks. After make long-term loans for affordable his political career to dedicate his time the election of 1992, both Republicans housing, undertake new initiatives and his vision to creating an inde- and Democrats in the last Congress such as lines of credit for nonprofit or- pendent Colored Normal Industrial Ag- turned the President’s vision into ganizations, and develop a viable ricultural and Mechanical College. ground-breaking legislation that cre- small-scale equity product for The college started out with an em- ated the CDFI Fund. The legislation Vermont’s smaller businesses. phasis on agriculture. About 80 percent passed the Senate unanimously and Access to credit is a significant hur- of the first year’s students came from was approved by a 410-to-12 vote in the dle for low-income Vermonters and farm families. Though the agriculture House. small business start-ups in rural areas. school was phased out in 1971, it still Unfortunately, previous fiscal year The Vermont Development Credit houses the headquarters for the 1890 1996 appropriation bills terminated the Union and the Vermont Community Research and Extension Program. This CDFI Fund before even giving this pro- Loan Fund have proposals that would serves farmers in the spirit of the old gram a chance to succeed. That was a address these needs in many parts of curriculum, incorporating such shortsighted mistake, and one that Vermont. All that is lacking is the cap- branches as The Small Farmer Out- this bill corrects. ital that the CDFI program can pro- reach Training and Technical Assist- The fund is a small but very innova- vide. ance Project. Today, South Carolina tive program. For a modest $50 million The CDFI Fund is an idea that could State has a strong liberal arts and budget, the fund has the potential to bring real growth and improvements to business concentration. make a significant impact in distressed our most disadvanted communities. I Over the past 100 years, South Caro- communities. congratulate Senator MIKULSKI and lina State has gained a reputation for How would CDFI succeed in areas Senator BOND on giving the program producing alumni of high caliber who where more traditional financing has the chance to succeed. go on to distinguish themselves in their communities, and throughout the failed? f The fund would create a permanent, Nation. From teachers to professional self-sustaining network of financial in- 100 YEARS OF EXCELLENCE IN football players, from actresses to sci- stitutions that would be dedicated to EDUCATION entists, S.C. State graduates have serving distressed communities. These Mr. HOLLINGS. Mr. President, last made their mark. They are ministers, financial institutions include a fast- week, South Carolina State University community leaders, lawyers, and col- growing industry of specialized finan- and the city of Orangeburg celebrated lege presidents; for every aspect of pub- cial service providers—community de- 100 years together. I would like to take lic life, there is an S.C. State graduate velopment financial institutions. The a few moments to reflect upon this uni- excelling in it. Included among its fund would also provide incentives for versity’s contributions to South Caro- ranks are our own Congressional Rep- banks and thrifts to increase their lina and to the Nation. As remarkable resentative JAMES E. CLYBURN; Chief community development activities and as its history has been, we find, on its Justice Ernest A. Finney, Jr., the first invest in CDFI’s. centennial, that S.C. State is creating African-American man to serve as a The CDFI Fund’s initiatives would be an even greater story to be told in the State supreme court justice; and an innovative departure from tradi- future. For it is the products of this Marianna White Davis, the first Afri- tional community development pro- university, in the form of its grad- can-American woman to serve on the grams because they leverage signifi- uates, that have made and continue to State Commission on Higher Edu- cant private sector resources. The De- make tremendous contributions to our cation. In fact, one will notice a lot of partment of Commerce estimates that society. And it is the graduating class- firsts among the graduating classes of every $1 of fund resources would lever- es to come that will carry the legacy S.C. State. These men and women age up to $10 in non-Federal resources. into the next century. make the most of the knowledge and And these locally controlled CDFI’s For many years, S.C. State has been self-confidence that their educations would be able to respond more quickly a focal point of African-American edu- instill in them and go on to affect and effectively to market-building op- cation in South Carolina. The school change in this country. At South Caro- portunities than traditional commu- has served as a cultural nursing ground lina State, the students feel a part of nity development organizations. for African-Americans inside and out- something that extends back to their I would like to share with you two side the State of South Carolina. ancestors and forward to the next gen- examples from my own State of the po- Through its fine academic tradition eration. I commend the efforts of the tential benefits of the CDFI program. and strong sense of community, it has faculty and administration of S.C. The Vermont Development Credit nurtured both the intellects and the State to continue its tradition of excel- Union [VDCU] is an innovative deposi- self-confidence of its students. In the lence, and I salute the university’s tory institution providing counseling- beginning, the college was established independent spirit. I wish them an- based financing and other banking as a State supported institution under other successful 100 years.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1792 CONGRESSIONAL RECORD — SENATE March 12, 1996 CONDEMNATION OF CHINESE MIS- acceptable to that community. Beijing Mr. WELLSTONE. Mr. President, I SILE TESTS IN THE TAIWAN should stop these missile tests and ask unanimous consent that the order STRAITS military maneuvers and re-open talks for the quorum call be rescinded. Mr. PELL. Mr. President, we are cur- with Taiwan through its own Associa- The PRESIDING OFFICER (Mr. rently in the middle of a very tense pe- tion for Relations Across the Taiwan DEWINE). Without objection, it is so or- riod in the relationship between the Straits and Taiwan’s Straits Exchange dered. United States, the People’s Republic of Foundation. Negotiations between f China, and Taiwan. Military tensions, these two entities were successful in resolving a number of issues between CONCLUSION OF MORNING in particular, are rising. Last week, BUSINESS China began a week-long series of bal- Beijing and Taipei before China cut listic missile tests and announced it them off last year. China should again The PRESIDING OFFICER. Morning will conduct an additional set of live use these talks, and not the military, business is closed. fire military maneuvers as well. I urge to persuade the people and the Govern- f ment on Taiwan. China to cancel these tests and maneu- BALANCED BUDGET vers. Together they constitute the f DOWNPAYMENT ACT, II fourth set of major military exercises KELLY MCCALLA, SOUTH CARO- The PRESIDING OFFICER. The the People’s Liberation Army has un- LINA’S 1997 TEACHER OF THE dertaken in the straits since last July. Chair lays before the Senate, H.R. 3019. YEAR They are provocative, destabilizing, The clerk will report. and only damage China’s image in the Mr. HOLLINGS. Mr. President, I am The legislative clerk read as follows: eyes of the world. delighted to congratulate Kelly A bill (H.R. 3019) making appropriations There is no reason to disbelieve Chi- McCalla on being named the 1997 for fiscal year 1996 to make a further down- na’s public claim that it is not plan- Teacher of the Year for the State of payment toward a balanced budget, and for ning an actual attack on Taiwan at South Carolina. For 11 years, Ms. other purposes. this time. But I do not believe that McCalla has dedicated herself to edu- The Senate resumed consideration of these are merely routine military ma- cating the young people of Greenwood the bill. neuvers, as Chinese officials have por- in her own inimitable style. She is an Pending: trayed them. These tests, and the mili- inspiration to anyone who aspires to do Hatfield modified amendment No. 3466, in tary exercises that preceded them last a job well and win the respect of oth- the nature of a substitute. year, are clearly meant to intimidate ers. Daschle (for Harkin) amendment No. 3467 As a teacher of science at Oakland (to amendment No. 3466) to restore $3.1 bil- the people of Taiwan in the run-up to lion funding for education programs to the the first fully democratic presidential Elementary School, Kelly McCalla en- fiscal year 1995 levels. election in the history of Chinese civ- gages students’ minds and imagina- The PRESIDING OFFICER. The Sen- ilization. But the escalation in both tions. As a member of the community, ator from Minnesota. scope and nature of this week’s exer- her contributions are vast. Whether or- cises raises the risk that conflict could ganizing special youth events through AMENDMENT NO. 3467 start through miscalculation or acci- her local church or participating in Mr. WELLSTONE. Mr. President, I dent. It is essential that all parties summer Bible School, Ms. McCalla con- rise to speak on behalf of an amend- work to prevent an armed conflict that tributes to local children’s education ment that a number of us have intro- no one wants. outside the classroom as well. She is duced which adds back $3.1 billion to Chinese Premier Li Peng stated in a active in other programs that benefit education programs to restore edu- speech to the National People’s Con- the community at large such as Meals cation funding to fiscal year 1995 lev- gress that the Taiwan issue was an in- on Wheels, programs for needy chil- els. ternal affair and warned other coun- dren, and caroling at a local nursing Mr. President, I will summarize. This tries not to interfere. In this regard I home. amendment restores funding for the support the long-standing United Obviously, she is willing to teach by following programs: Goals 2000, title I, States position that the issue of reuni- example the importance of being in- safe and drug-free schools, charter fication be handled by the Chinese peo- volved in the community. schools, vocational and adult edu- ple on both sides of the straits, but The award for South Carolina Teach- cation, educational technology, Head that policy was founded on the under- er of the Year is given to educators Start, dislocated workers, adult train- standing that the question of Taiwan who are representative of the many ex- ing, school-to-work, summer jobs for would be resolved peacefully. When the cellent teachers across the State, and youth, and one-stop career centers. leadership in Beijing threatens to use it is clear that Ms. McCalla is worthy Mr. President, as the minority leader force against Taiwan, it challenges of this title. Said State Superintendent pointed out yesterday, we have offsets that understanding and Beijing itself of Education Barbara S. Neilsen, ‘‘The for this increased funding. Mr. Presi- creates an international issue. Beijing State selection committee saw the dent, let me, first of all, say to my col- must understand that the United same magic in Kelly McCalla that her leagues, and especially to my very good States does not view Chinese threats students do.’’ friend, the chairman of the Appropria- toward Taiwan as an internal Chinese These days, with everyone worrying tions Committee, whom—you do not affair. The United States has a strong about children’s education, not just in call people heroes unless they truly interest in peace and stability in the terms of school but in terms of moral are, and he is to me, one of the great Taiwan Straits. It has a strong interest values, it is truly a pleasure to be able Senators in the history of the country. in the continued prosperity of the re- to honor someone like Kelly McCalla. I really believe it was a terrible mis- gion—Taiwan is the world’s 14th larg- She is instilling in her students some- take for the House of Representatives est trading economy and the 7th larg- thing more than a knowledge of to send over a continuing resolution est United States trading partner. science, she is showing them how to with these very deep cuts in education. These exercises are disrupting shipping love learning and to be involved, car- Mr. President, as I think about where and continued military maneuvers will ing, decent people. And that is some- we are in the country right now, it inevitably make investors and traders thing that only a gifted educator can seems to me that people in our Nation think twice about doing business in the do. I send her my congratulations, my are saying very clearly that they care region. thanks, and my best wishes in the fu- about opportunities. They worry about China has repeatedly sought to be ture. their children, and they want all of considered a responsible member of the Mr. LOTT. Mr. President, I suggest God’s children to have opportunities. world community in a number of inter- the absence of a quorum. Mr. President, I just think that slam- national fora. But if it wants the inter- The PRESIDING OFFICER. The ming the door of opportunity for chil- national respect it feels it deserves, it clerk will call the roll. dren is a huge mistake. I think that must follow that community’s norms The assistant legislative clerk pro- some of the discussion about children of behavior. Threatening Taiwan is not ceeded to call the roll. of the next generation—absolutely, we

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1793 need to pay the interest off on the languages. Then I met with the parents who gets things done to make things debt. But you do not save the children later on from the Hmung community better.’’ Kids know what is right, and I of the next generation by savaging the and the Laotian community. say to my colleagues that they know children of this generation. Mr. President, we say we want the what is wrong. We should not kid our- Mr. President, I think that as we parents to be involved. Well, there were selves. To cut title I money from my look at where we are in the country two young people who are translators. State of Minnesota, or any other State, and where we need to go together, They are proud because they could use to shut off children from the opportu- Democrats, Republicans, independents, their ability. They were bilingual to nities they need, from the support they you name it, each and every time, I help other kids that were younger. need so they can reach their full poten- would emphasize a good education as a They had graduated from college. tial, is not right. foundation of it all—for welfare re- There are jobs for them. The parents Leaders are Senators who get things form, for reducing poverty, for a stable could participate. I could understand done to make things better. This middle class, for economic perform- what they were saying to me as a Sen- amendment that restores some funding ance, for a functioning democracy; ator. The teachers could and do under- for educational opportunities for chil- each and every time, I would say you stand what I was saying. dren gets things done to make things need to emphasize a good education Mr. President, that is funded out of better. and a good job. title I money. That school, Jackson El- Cameron Dick, from South Min- Mr. President, I have tried to be an ementary School, which is an out- neapolis, testified last week in a hear- education Senator. I spend time, about standing success, does not know where ing. Cameron Dick had dropped out of every 21⁄2 or 3 weeks, at a school in it is going to be next year because of school. He is a native American. He Minnesota teaching. I was a teacher for these deep, draconian, mean-spirited was ‘‘going nowhere.’’ But the School- 20 years. I have to tell you that the cuts in funds which provide oppor- to-Work Program saved him. Working shame of all of this is that, for some tunity for our children. Mr. President, with the American Indian Opportuni- reason, we have not looked very care- is this not shortsighted? ties Center, he now goes to school, has fully—or at least the Gingrich-led Other examples: Meet with some of a job, sees the connection between his House has not—at what these cuts will the teachers that are title I teachers. schooling and a work opportunity, and mean in human terms. I will not even They will tell you about the ways in in his spare time—you will love this— give you the statistics, Mr. President. which that money is used for literacy he tutors other children. But I will tell you this: If I was to just training for adults, the parents, so that I met a young woman yesterday in take the title I program in my State of they can be involved. They talk about St. Paul, MN. I am embarrassed; I for- Minnesota, which is a $13.5 million cut ways in which parents are involved in get the last name. The first name is right now in this continuing resolu- the kids’ education. In school after Erika. She is a Hispanic woman who tion, the very negative effects this will school after school, whether it is Min- came to Minnesota from California. have on children is absolutely unbe- neapolis-St. Paul, whether it is Roch- She has lived in some communities lievable. ester, whether it is Fergus Falls, with some very difficult cir- We want children at a young age to whether it is Bemidji, whether it is Du- cumstances. She had dropped out of be wide-eyed. We want them to be ex- luth, whether it is the Iron Range, over school for several years and then went periencing all of the unnamed magic in and over and over again there are suc- back to school in the School-to-Work the world before them. We want them cess stories where this title I money Program at Humboldt High School on to be nurtured. We want them to be en- was used to provide kids from difficult the west side of St. Paul and found her- couraged. What do we do with title I backgrounds, kids who were disadvan- self an apprenticeship program with a money in Minnesota? Talk to the taged, with the additional one-on-one business, began to study accounting, teachers and talk to the parents—the support they needed in reading or now has a job, is proud of her work, title I parents in Minneapolis-St. Paul. mathematics so they could do well at makes a decent income, and is now What do we do? We give kids at the ele- the elementary school level and then going to go on and pursue higher edu- mentary school level one-on-one—I go on and do well in school. And we are cation. know you, Mr. President, are very com- going to cut this program? What kind These are not the programs we ought mitted to children—one-on-one in- of distorted priorities are these? to be cutting. I mean, what is the struction. Mr. President, I wish every one of my House of Representatives trying to say I met a mother yesterday. She said, colleagues was on the floor right now, to people in this country? ‘‘We will not ‘‘My son was a slow reader falling be- especially on the other side. Little kids shut the Government down, but the hind, not doing well. From title I he re- do not understand budgets. Little kids price we exact for not shutting the ceived that special attention, one-on- do not know what ‘‘continuing resolu- Government down is to cut Pell grants one instruction, through some addi- tion’’ means. Little kids do not know or to cut Head Start or to cut low-in- tional teachers and teacher assistants. what the ‘‘Congressional Budget Office terest Perkins loan programs or cut vo- He is now a seventh grader in junior scoring’’ means. Little kids in Min- cational education or cut title I or cut high school, and he is a straight-A stu- nesota, Massachusetts, Oregon, Ohio, safe and drug-free schools. These are dent. I come here today to tell you and all across this country do not un- not the priorities of people in this that if not for title I, I do not know derstand why they cannot receive help country. where he would be.’’ to be better readers. Do my colleagues Mr. President, I believe that this de- Title I money is not just a bureau- have any answers for them? They do bate on this amendment to restore $3 cratic program. It works. I was at a not understand the budgets. They do billion in funding for children for edu- school, Jackson Elementary School in not understand why they do not get cation and for opportunities is one of St. Paul, with a wonderful principal, any help. They do not know why they the most important debates that we Louis Mariucci, which is a great hock- are not getting help so they can do bet- are going to have. This is all about who ey name in Minnesota from the Iron ter in reading classes. They do not we are as Senators, whom we rep- Range. He is committed to the inner- know why they are not getting any resent, what values we believe in, and city school, and they are doing well. help so they can be better in mathe- what our priorities are. The students have high achievement matics. They do not know why they are I say to some of my colleagues, espe- levels. It is diverse. It is rooted in the not receiving help. cially on the House side, that your neighborhood. Mr. President, a definition from an agenda is too harsh, your agenda is too When I was meeting with a class of elementary school student on leader- extreme, and it is a profound mistake third graders and then a class of fourth ship—I say this to my colleague from for us to begin to divest from children. graders, I asked these kids how many Massachusetts. I think he fits this defi- It is a profound mistake for this Na- languages are spoken at home. In one nition. An elementary school student’s tion to abandon children. It is a pro- class there were three different lan- definition of ‘‘leader.’’ ‘‘A leader is found mistake for this Nation to move guages spoken in the homes, and in an- someone who gets things done to make away from providing opportunities for other class there were four different things better.’’ ‘‘A leader is someone children.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1794 CONGRESSIONAL RECORD — SENATE March 12, 1996 I will conclude. Little kids do not un- There is a judge, Rick Solum—and the debate that we listen to many of derstand budgets. Little kids do not maybe my colleagues have heard the our very good friends who say, ‘‘Well, understand why we cannot help them. statistic before. I have only seen one we have really restored a great deal of Little kids who are trying hard do not report on this and maybe it is not cor- education funding in this program so understand why we cannot help them roborated. It is a startling statistic. In that parents should not worry, teach- do better in school. And that is exactly Hennepin County, he tells me there is a ers should not worry, school boards what we ought to be doing because this high correlation between high school should not worry because we have re- is the very essence of the American dropouts and incarceration, winding up stored the money, perhaps not all of dream. in prison, and cigarette smoking and the money that we would have liked to There is a former teacher from lung cancer. If the statistic is true, and have done, but, Senator, we have a dif- Northfield, Joanne Jorgensen, who is the judge says it is, that tells a very ficult financial situation and education visiting with me today with her hus- large story. has to take the hit like anything else.’’ band, Paul, who is an education pro- I also know, Mr. President—and I try I would differ with that and say as to fessor at Carlton College. Much of poli- not to do this top-down or outside- the proposal in the budget, the Repub- tics is personal. Our daughter, Marsha, school-in—I spend time in schools, Jill lican budget, which provides the tax when she was in elementary school at and I spend time with street kids, with breaks for wealthy individuals ranging least up through around fifth grade I homeless kids, with at-risk youth, with from some $240 billion, or the revision would say, was put in a lot of the lower youth workers, and all of them say the down, one of the proposals, to $178 bil- classes. No matter what we call those same things: Senators, you have to lion, can you not give us $4 billion of classes, ‘‘blackbirds’’ or ‘‘redbirds,’’ ev- give these kids positive things to do. the tax break that is going to go to the erybody knows who are the students You have to give them opportunities. wealthiest individuals and fund these that are not doing well. Some of the It starts when they are young. We are essential education programs because, other kids were calling her a ‘‘retard,’’ never going to stop this cycle of vio- my friends, basically what they are and as parents it was painful to see lence by just building prisons. We have saying is that to be effective there is your own little girl or to see any little to make sure our children in this coun- going to have to be a subsequent act, girl or any little boy not feel good try, all the children in this country, and that act is going to have to pass about himself or herself, but this was have hope, have a future that they can the House of Representatives and the our daughter. Then Joanne Jorgenson believe in, have goals, and have the Senate of the United States. That is became the teacher, and Joanne Jor- ability to be able to live for their own not going to be a reflection of the will genson said to Marsha, ‘‘Marsha, you dreams. That is what these educational and desire of some of our Republican are not stupid. You can draw. You are programs mean. friends who are strongly committed to an artist. Marsha, you are not stupid. This amendment restores the fund- education. This legislation is very You can write poetry. You have ing. We should have the support for clear in that there is going to have to rhythm. Marsha, you are a smart little this amendment, and I look forward to be action in the House of Representa- girl. You are not dumb. You can do the final vote. I yield the floor. tives and the Senate of the United well.’’ Mr. KENNEDY addressed the Chair. States in order for any of the provi- Now be a proud Jewish father. By the The PRESIDING OFFICER. The Sen- sions in here to be effective. time Marsha finished high school, she ator from Massachusetts. That is not satisfactory. Effectively was a great student and she went on to Mr. KENNEDY. I rise in strong sup- this comes back now to the question of the University of Wisconsin-Madison, port of our education amendment, to priorities. Are we going to say we will top Spanish student and she is a great restore the funding for some of the not even seek any restoration of fund- Spanish teacher at the high school very basic and fundamental education ing for education until we are going to level. She is a public schoolteacher. I programs to reaffirm this country’s get the tax breaks for the wealthy indi- do not know whether she would have commitment to investment in the viduals? That is effectively what this been able to do that were it not for Jo- young people of our country in the lim- provision says. You will not hear a lot anne Jorgenson. This is the kind of ited but important way in which the of people talking about it. You will not support that we give students. And Federal Government works in partner- hear a lot of people saying, ‘‘Well, look, Marsha did not come from some of the ship with the States and local commu- my Republican friends want that big difficult background circumstances nities. tax break for the wealthy; can’t we that a lot of the students come from We will have an opportunity to vote take $4 billion off there and just put it that are able to receive the support on this measure, and I should like to right in here on education.’’ they need from title I or vocational underscore a few of the principal rea- You will not hear a lot of people say- education or school-to-work Programs sons why this issue is of such impor- ing, ‘‘Yes, that is the way to do it.’’ or, for God sake, the Head Start Pro- tance and to review very briefly with That is not the proposal before us. So gram. The Head Start Program is what the Senate why we are where we are at we have a measure that says, all right, we say it is. We have decided as a na- the present time. we are going to put in some real money tion that we are going to give certain We should understand at the very be- and we are going to put it in now. We kids a head start. ginning what is in the legislation and are going to put it in education. We are This is a profound mistake. Do not what is not in the legislation. And going to support the school boards, the divest from children. Do not divest nothing is clearer than to look at the parents, the teachers who are meeting from education. Do not divest from op- legislation itself in the final general all over this country even while we are portunities for children. Our amend- provisions on page 780. Section 4002 in here this morning with their pencil ment restores this $3 billion, and we says: and paper wondering what they are should do so. No part of any appropriation contained in going to be able to do for the children Mr. President, my final point. My this title shall be made available for obliga- of this country over the next fiscal final two points, and I promise my col- tion or expenditure nor any authority grant- year. leagues only two points. Point No. 1. I ed or be effective until the enactment into That is happening in every city and do not want to stand out on the floor of law of a subsequent act— town in my State and in every other the Senate and argue for this amend- I mention that again for emphasis. State. I will come back to that in just ment just on the basis of reducing vio- of a subsequent act entitled ‘‘An Act Incor- a moment. lent crime. I can think of a million rea- porating an Agreement Between the Presi- Mr. President, are these programs sons why we should invest in education dent and Congress Relative to Federal Ex- really worthy of support? I think we for children beyond that. But I will tell penditures in Fiscal Year 1996 and Future have to be able to justify the particular you one thing. Investing in children Fiscal Years.’’ programs that are going to be added to. when they are young and making sure This title may be cited as, ‘‘The Con- We have the Goals 2000 Program that they have the educational opportuni- tingency Appropriations Act of 1996.’’ had strong bipartisan support in the ties beats the heck out of having to This is the Contingency Appropria- last Congress, Republicans and Demo- spend money on prisons. tions Act. It is important as we start crats alike basically accepting what

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1795 the Governors had agreed to in Char- youth—40 million youth. It cuts back What are we going to tell the 1,200 lottesville that said one of the most on the help and assistance to the schoolchildren in Boston who other- important elements in education is school systems of our country for safe wise would have been participating in raising the bar and the challenge to the and drug-free schools. this program, in close collaboration young people of this country. They will Maybe many of our Republican with the private sector that works very be able to measure up, if we establish friends are going to be able to respond closely in the administration of that some increased academic challenges to to what I heard from the assistant dis- program, uses that as a principal the young people. trict attorney, Mr. Gittens who is a source for trying to bring young people That is exactly what Goals 2000 is deputy DA in Suffolk County in Boston back into the private sector for train- meant to do, not at the State level but who I heard on Friday afternoon and ing and doing evaluations? It has been at the local school levels. It is meant who also happens to be head of the a very, very important program, not to get the funding into schools, get school committee. He is head of the only in the major cities—in Lawrence, parents involved, get the business com- school committee and a prosecutor, New Bedford, Worcester, Springfield, munity involved, teachers involved, and he asked me a very basic question and many of the other cities. and begin to establish the higher and one which I would like to address Also, there has been a $137 million re- standards for the young people. to those who want to cut this program. duction in Head Start. We have been Those standards are voluntary and He said: ‘‘Do you know when the in- around for years. We saw a significant have been worked out in some impor- crease in juvenile violence takes place, increase under President Bush in the tant areas; for example, in math and in Senator? Do you know what time? You Head Start Program. Then we had science. A number of communities can almost set a stopwatch by it. When some questions about what was hap- have accepted those particular stand- the schools close down.’’ pening to the quality of the Head Start ards, and do you know what? The latest We should be surprised by that? In Program. So we revised that with review shows there is a measurable im- the afternoons is when the principal in- strong bipartisan support. I do not provement in the young people who crease in juvenile crime occurs. think there were three Members of the have been challenged by those stand- What are these programs? Many of U.S. Senate who voted against restruc- ards in math and science. It is begin- them in the Safe and Drug-Free turing of the Head Start Program and ning to move. The challenges are out Schools Program go for dispute resolu- the increase in the funding for that there. There is an increase in academic tions. We have a number of schools in program, because it only reaches about achievement and accomplishment. my own city of Boston that have en- 35, 40 percent of the children who are The bipartisan Democratic and Re- acted that program, and they have seen eligible for that program. But nonethe- publican Governors who supported the a dramatic reduction in tension in the less, they are cutting back that pro- concept of the Goals 2000 is beginning schools for a whole range of different gram, a program that helps develop to work, but not according to this reasons. confidence-building skills for young budget. We are cutting back on those We have these voluntary programs in people. Goals 2000 programs so that thousands the city of Boston for kids who are the And the work goes on. The Dis- and thousands of schools will not be most vulnerable children in our com- located Workers Assistance Program, able to provide the same opportunities munities to get involved, and it is vast- there is a 29-percent cut. It excludes for those children. We are not doing ly oversubscribed—vastly oversub- 157,000 workers who have lost their jobs anything about the tax breaks, but we scribed. There is strong support from from programs that teach them new are cutting back on Goals 2000. the district attorneys. skills. We had lengthy debates last year Meanwhile, in another part of our At the same time, I was reading in about the effectiveness of the title I governmental body, we are cutting off this morning’s Washington Post an ar- program: Should we pull out students and censuring Colombia to show how ticle by James Glassman which talks to be able to participate in the title I tough we are on crime and substance about provisions that we have consid- program? If they are not pulled out, abuse and, at the same time, we are ered in the Judiciary Committee under are the students missing more than if prepared to cut back on programs that immigration. Some of us, including they stayed in that class? Should we reach out into those communities and myself, do not believe that we ought to not have perhaps the opportunity to make a real difference for children. Mr. fire American workers who are quali- have greater flexibility at the school President, 57 percent of the children. fied to permit American companies to level? While I was having meetings out in hire foreigners who have no better We had days and days of hearings on the community on Friday afternoon, skills or equal skills and then drop that and hours and days of debates in we heard from so many of the min- their cost in wages. So you have Amer- the House and Senate. Many, many isters in Boston talking about the sum- ican workers who have lost their jobs, good ideas were put forward by parents mer jobs for youth. The 12-, 13-, 14- the company has lower wages, they to try and help and assist those who year-old kids, again, some of the most compete with American firms, and have some disadvantage in terms of vulnerable, are talking to their teach- those firms go out of business. But at their past educational achievement. In ers now: ‘‘Is that summer job going to the same time, we will have a chance many instances, they were not able to be out there?’’ ‘‘Will I be able to have to debate those issues later on. get into the Head Start Program or that employment that I had last The point that Mr. Glassman makes they need that extra help and assist- year?’’ ‘‘You know, we want to do is: something, we want to make some- ance in literacy, in confidence-building Also, many of the best U.S. jobs go beg- skills, in the basic elements of decent thing of ourselves.’’ And I tell them ging, simply because we don’t have workers education. that this Republican Congress has ze- smart enough to fill them. In an extensive Do you know what has happened to roed their program out. new study for Empower America, Stuart An- that? That was cut back initially by al- Mr. President, it makes no sense. If derson reports that 16 large, high-tech com- most 1 million children. Now 700,000 you talk to some who are involved in panies alone had 22,000 job openings in Janu- will not participate in that program the program, they say those kids at the ary. which makes such a difference. end of the summer, if they go the That is 22,000 jobs. What do those Mr. President, in talking to Mayor whole summer, may make $900. They people need? Some training, so that Menino in Boston 2 days ago, he said say you cannot believe the difference it they are going to be able to be produc- that 14 out of the 78 different programs makes in their attitude when they tive, useful members of this society in the city of Boston are now going to come back to school after they have and provide for their families. What have to be cut out for those school- been participating in that program. does this program do? It cuts out the children. Their whole attitude changes about dislocated worker assistance to be able The Safe and Drug-Free Schools Pro- themselves, about their school, about to give those skills to American work- gram—this is a beauty. By 57 percent, the importance of schools, about stay- ers so that they can get those jobs. it slashes the drug abuse and violence ing out of gangs and staying out of Are we missing something here, Mr. prevention programs for 40 million trouble. Well, $867 million is cut out. President? Are we going to say to those

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1796 CONGRESSIONAL RECORD — SENATE March 12, 1996 workers who are dislocated, with all of central office to teachers and parents children today who will enter the work the phenomenon that is taking place in and schools. March 18—next week—the force in the 21st century. If our com- terms of the requirements in the job district’s budget director has to tell mitment to education is real, we market, without the kind of training each school the size of their budget for should fund it with real money. I urge that should be provided by the compa- the next year—by the middle of May, my colleagues to support the education nies and corporations of America—only local school councils, made up of amendment in the pending appropria- a handful of them do; they should be teachers, parents, community mem- tion. commended for doing it, but only a bers, and the principals, must submit it Mr. President, I suggest the absence handful of them do—and then on the for approval—next week. But they will of a quorum. one hand say, here are thousands and have the assurances of the Contingency The PRESIDING OFFICER. The thousands of jobs that are here, and in Appropriations Act of 1996 to help them clerk will call the roll. the same proposal cut back on the dis- out. What does that mean? The bill clerk proceeded to call the located worker assistance? The uncertainty about Federal sup- roll. Mr. President, one of the most impor- port for education will cause Chicago Mr. WELLSTONE. Mr. President, I tant, innovative programs that we to waste valuable time deciding how to ask unanimous consent that the order passed—again, with strong bipartisan allocate a lump sum that could change for the quorum call be rescinded. support. We had Republican Governors at any time. They will be forced to as- The PRESIDING OFFICER. Without who have testified in favor of this very sume the worst. Chicago schools will objection, it is so ordered. exciting program, the former Governor lose nearly 20 percent of their budget, Mr. WELLSTONE. Mr. President, I from the State of Maine. Also, we have or $40 million. That means laying off will just take a couple minutes, I say in the State of Michigan, the School- 600 teachers. The district will have to to my colleague from Pennsylvania. If to-Work Program to try to reach out deny extra help in math and reading to he is getting ready to speak, I will just to the three out of four high school 43,000 students. take probably 2 or 3 minutes. If not, I students who do not go on to college Mr. President, this would be bad will take a little more time. Might I but go on into the employment mar- under any circumstance, but it is par- ask my colleague if he is ready to ket. ticularly bad now. Why? Because of the speak now? I had an opportunity to Let us show some consideration for demographics of this country, we have speak. I will be very brief. those kids. Let us not just have them increased the total number of students Mr. SPECTER. I thank my colleague every time go on out to McDonald’s. anywhere from 3 to 5 million in our from Minnesota for his inquiry. I am Let us try to give them some oppor- schools. Just to keep even with 1995 ready to speak, but I have no objection tunity of getting on a path that can figures in support, we would need 50,000 to his taking 2 or 3 minutes. I will be give them some hope in terms of the additional teachers—50,000 additional here all day. future. That is what the School-to- Mr. WELLSTONE. Mr. President, I teachers—just to keep the pupil-teach- Work Program is about, and it is suc- thought I would supplement earlier re- er ratio, we would have to add those. cessful, Mr. President. But we have marks that I made on the floor when We would have to increase the funding. now a cut in that program that was We are not even asking to increase it. proposing our amendment, along with passed on. We are just trying to get back to 1995. the Senator from Massachusetts. So, Mr. President, we will hear later I’d like to take a closer look at these So you are starting off with 50,000 less on about, ‘‘Well, we will be able to deal education cuts. Look at this chart for teachers than you would need if you with some of these issues, perhaps, a a moment—Goals 2000 is cut by $82 mil- are going to be where you should be in little later on.’’ We are halfway lion; that is a 22-percent cut. This 1995. And with the loss of funding of the through or more, certainly, in terms of slashes school improvement efforts in the planning and programming for the other program, you lose another 50,000. Mr. President, that is a matter, I over 2,000 schools, serving over 1 mil- school year. think, of national urgency. I think it is lion children. Title I, $679 million; de- Let me just mention quickly what is nies 700,000 disadvantaged children cru- happening out there in the various a matter of national crisis. It is a re- flection of national priorities, whether cial reading and math assistance. school boards. I have a deputy super- I tried, Mr. President, to give exam- we are really serious. If we cannot find intendent in Worcester, MA, who told ples, many examples from my State, the way and the means to try to at me planning next year’s budget in the about what an important program this least make sure that we are going to do midst of the Federal budget confusion is. I will repeat what I said earlier: Lit- what we did in 1995, let alone try to is like reading tea leaves in the middle tle kids do not understand all this meet responsibilities in the areas of of an earthquake. Worcester loses $2 budget language and do not understand new technologies to help and assist million in Federal funding. More than why we cannot help them be better students, which we should be doing, if 4,000 students will lose access to sup- readers and help them do better in we are, as an institution, so bound by port services. Title I will be cut by $1 school. I also want to provide informa- procedures that in a $1.7 trillion budget million. That translates into 700 fewer tion that has been given to me by Ms. we are not able to find those funds, it students. That is $1 million, with 700 Susie Kay, an outstanding teacher at is a fierce indictment. fewer students being served, and the the H.D. Woodson Senior High School layoff of 16 teachers. Mr. President, the list goes on. I just want to say, Mr. President, that I do in the District of Columbia. Mr. Presi- In Ayer, MA, they depend on the Fed- dent, for examples of what education eral impact for 23 percent of its budget. not believe, and I think most Ameri- cans do not believe, that education is a cuts mean to students, we need go no The picture is stark. If the Federal further outside this Chamber than a funding impasse is not resolved by contingency as a priority for this coun- try. School boards cannot write their couple of miles away, to Ms. Kay’s April 22, they will close the schools 2 classroom. She writes: months earlier this year. school budgets with contingency mon- eys. They cannot hire teachers with Our students are not born criminals; they You have heard about stories in New- are not lazy or stupid. They just want, and port News where they were cutting contingency money. They cannot buy so deserve, the same chances that this coun- back on heating for 2 hours in the books and pencils and computers for try is supposed to guarantee all its citizens. schools, cutting back heating in a pro- their students with contingency The last thing that they need is to be set gram that we refuse to address. We money. They need real numbers now to back by further budget cuts in education, have the issue of increased tax breaks, write their budgets for the coming cuts which would only serve to discourage and they have cut back heating in the year. This bill leaves school districts students and the teachers committed to public schools of the country. You won- stranded in confusion and uncertainty helping them beat the odds. H.D. Woodson der why we are putting this legislation once again. That is the reason why this literally survives from the assistance that the Title I Program provides. To cut any fur- out here and why we are demanding amendment which we offer to restore ther into our resources would be nothing that we have a debate and a focus on the education funding is so necessary. short of criminal. We should be doing every- this. Education is not a contingency for thing we can to help them. Too many people In Chicago, the chaos caused by the the American people. It is not a contin- ask me why I continue to teach. * * * I re- budget impasse will move from the gency for the millions of school- spond * * * how can you not?

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1797 I ask that Ms. Kay’s eloquent and im- have lost their jobs, in programs that dren are experiencing all the unnamed passioned statement be printed in the teach new job skills. magic of the world. You take that RECORD at the conclusion of my re- Mr. President, every day we are read- spark of learning and you ignite it and marks. ing about downsizing and restruc- it takes a child from any background The PRESIDING OFFICER. Without turing—which is euphemism for some to a life of creativity and accomplish- objection, it is so ordered. of the large companies in this coun- ment; you throw cold water on that (See exhibit 1.) try—large multinational corporations spark of learning and that is the cru- Mr. WELLSTONE. The Safe and Drug just firing people. What are we doing elest thing you can do as a Senator, as Free Schools Program is cut by this cutting a program that provides people a government, as a country, as a soci- omnibus appropriations bill a total of who maybe are middle aged who have ety. $266 million. That is a 57-percent cut. been working hard all their lives who By trying to enact the deepest cuts This omnibus bill slashes drug abuse thought if they did work hard all their we have ever had in education as the and violence prevention programs for lives they would have secure employ- price for not shutting the Government over 40 million young people. Mr. ment, what are we doing cutting a pro- down—that is precisely what the President, you have certainly taken a gram that provides the dislocated Speaker and other Members of the real leadership role in this area. The workers with some assistance to make House who support this have sent over only thing I say is that I am im- a transition back into the workplace? to the U.S. Senate—an effort to pour mensely impressed not based upon de- Did anybody hear a hue and cry from cold water on this spark of learning is bate on the floor of the Senate, not people in 1994 that the kind of change unconscionable, unacceptable, and Sen- based on abstraction, but visits to they were voting for was to cut dis- ators should vote for our amendment schools at the mentoring programs, at located workers assistance or summer to restore this funding. I yield the the counseling programs, and really jobs for youth? Finally, Mr. President I floor. talked about this earlier, school to the success of the Safe and Drug Free EXHIBIT 1 School Program in doing everything we work is cut $55 million—a 22-percent My name is Susie Kay and I have been a can to try and address what I think is cut, curtailing efforts of 27 States, in- 12th-grade American government teacher at apparent, the huge problem of sub- cluding Minnesota, to provide students H.D. Woodson Senior High School for the stance abuse. the skills they need to get a good job. past five years. I am one of four non-minor- Head Start Program, $137 million Mr. President, I heard the other day in ity teachers at Woodson, which has a 100% cut; denies 50,000 children services that a hearing from the business commu- African American student population. H.D. help them become ready to learn. Now, nity that supports it, from labor that Woodson is a D.C. Public High School, lo- Mr. President, again I remind my col- supports it, from youth workers that cated in the inner city, east of the Anacostia leagues that the Head Start Program, support it, from teachers that support River. Teaching at Woodson has been a powerful which has overwhelming support in the it, and maybe most important of all, experience, and, while often disheartening, country, does just what the title says from young people, for whom this has my days are filled with constant inspiration it does. That is, gives children who made all of the difference in the world. and small miracles. The noted education come from families in very difficult Mr. President, the definition for fam- writer Jonathan Kozol has put my Woodson circumstances, very tough back- ily security in Minnesota is to focus on experiences in chilling perspective. He writes grounds, a head start. I have taught a good education for our children and in Amazing Grace, ‘‘No viable human society Head Start mothers; I have taught and our grandchildren and to focus on edu- condemns its children to death. Yet, through worked with Head Start families. cational opportunities and job opportu- public policy and private indifference, we nities. Mr. President, good family val- have guaranteed that our poor inner city There are two things that are very im- children will lead lives stunted by heart- portant about the Head Start Program: ues is to invest in children. Good fam- break, violence and disease.’’ He continues, First, we better invest in children ily values is to invest in educational ‘‘. . . that each casualty, part of the beauty when they are young. That is what you opportunities. Good family values is to of the world is extinguished, because these have to do. That is what this program make sure that children can have are children of intelligence and humor, of po- is about. The second thing is the in- dreams and can fulfill their dreams. etic insight and luminous faith.’’ volvement of the parents, and the edu- Good family values is to give children The story of the inner city and its youth is cation of their children. What are we hope. Good family values is to give all this and infinitely more. It is a tale of kids a lending hand when they need it. survival, not only from a culture of eco- doing cutting the Head Start Program? nomic despair and hopelessness, where too Does anybody think that is what peo- Good family values is to give children often nothing seems to change, but survival ple voted for in 1994? the careful consideration and nur- against the temptations of ‘‘easy money’’ in Summer jobs for youth, cut $867 mil- turing and support they deserve to do an area where there are virtually no avail- lion—I did not talk about that before— better in reading, to do better mathe- able jobs or means of ‘‘legal employment.’’ It 100 percent they want to eliminate it, matics. Good family values is to make is a tale of survival amidst drug dealings and preventing 673,000 high school students kids feel good about themselves. Good drive-by shootings and too often its innocent from gaining valuable work experience. family values, Mr. President, is to un- casualties . . . ‘‘dreams deferred.’’ Mostly, Mr. President, I will just tell you derstand that education and edu- it is a story of the survival and triumph of the human spirit through resilience and find- right now that those publicly elected cational opportunities are the essence ing hope in even the darkest corners. Our officials that are more down in the of the American dream. students want to survive, and they want to trenches—the commissioners, the This is one of the most important succeed, despite the multitude of odds school board members, the city council amendments, I think, that has been against them. My friends hear all of my sto- people, the mayors, and I do not mean proposed on the floor of the Senate in ries day after day; it is a world so foreign to just in our large cities but I mean in my 5 years in office. I am very proud to most of them, in fact to most people in this greater Minnesota as well—they will be a Senator that brings this amend- country, and one which too many people tell you that they have a tremendous ment to the floor, and I hope we will don’t want to be bothered with. It can be restore this funding. I have said it 10 symbolized in the paradox of Washington, amount of fear, I think is the right D.C., this glorious, powerful city, where word, about this extreme House effort, times on the floor of the Senate. I will blocks separate these two worlds. My stu- this extremist agenda, of eliminating say it an 11th time and then be done. dents do not feel the same reverence and re- summer jobs programs for youth. What Now that I have grandchildren, I see spect for our government that I was taught we want to do is get our young people these little children—they surprise me growing up, but rather an alienation, aban- involved with work. We want them to because our children are all 30, 26 and donment, and disillusionment of it. I must feel good about themselves. We want 23; I hope I have that right. Now three say that it is often difficult to blame them them to have these opportunities. This grandchildren. I see these kids. It is in- for this. credible. Every 15 seconds they are in- From what I have witnessed, those stu- is a critically important program. dents that make it have truly survived What are we doing eliminating it? terested in something new. They can be against the odds. Many of their obstacles are Mr. President, $362 million for dis- in the same room and they can come so seemingly insurmountable, that there is located workers assistance, a 29-per- back weekend after weekend and they an unwritten creed that making it to grad- cent cut, excluding 150,000 workers who always find something new. Those chil- uation day alive is, in itself, a victory. Death

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1798 CONGRESSIONAL RECORD — SENATE March 12, 1996 is a culture in the inner city, and one that is ford, the swimming coach who continuously ment because I feel that education is so prevalent. One of the most incredible aspects teaches his students invaluable life lessons. critical to this country’s future. The of these children’s lives is the amount of The names and stories of dedicated teachers worst thing we can do, the worst thing death that they must constantly deal with, are endless. We daily confront multiple ob- and the accompanying complacency and ac- stacles and see them as challenges to be sur- we can do when we look at budget pri- ceptance of it. Every Monday brings with it mounted, while fighting off the temptation orities, is to make the kind of cuts in a new list of immediate family members and to give up. Our reward is our students . . . it education programs that are proposed close friends who have either been killed or certainly is not monetary. to be made for next fall and for the fis- died because of the critical lack of available The H.D. Woodson Swim Team placed 2nd cal year that we are debating. These medical attention. This year alone, I have in the DCIAA Championship over the past are the largest cuts in education pro- attended the funerals of three of my grad- week-end . . . an amazing feat considering grams in this Nation’s history. uating 1995 seniors. They were all bright and that we had no water in the swimming pool beautiful young people, rich with intel- this entire season. Due to budget cuts, the By the way, the same day that we ligence and talent. This is not a sane way to necessary pool repairs have not been made. I made a $3 billion cut in education pro- grow up, nor is it conducive to a clear mind guess there is nothing like dry land work- grams on an annualized basis, the cuts ready to begin the school day. Too many of outs for a swim team. Congress could learn a which were contained in the interim our students come to school weary from lot from our Woodson swimmers . . . how to funding bill that we are now operating, sleepless nights spent worrying about things do more with less. The Woodson $7 billion was added to the defense that citizens of this country, the richest Warriorsharks epitomize how success in budget for items not requested by the country in the world, should not have to these circumstances is still possible. So worry about. Will I have a place to live this many of these students are the most cre- Pentagon. week-end? Will that next stray bullet come ative, determined and loving people that I Within 2 hours we had two votes in through my bedroom window? Where will my have ever met in my life. In spite of the odds, this body. One of the votes passed a next meal come from? As if teachers don’t they desperately want to make it, and many continuing resolution, interim funding, have enough to worry about, feeding, cloth- miraculously do. In spite of the constant re- with cuts in education programs, cuts ing, and sheltering our students with our inforcement of messages, both subliminal in title I programs that provide teach- own money has become routine. It is just and blatant, our society, our government, our country is saying to these children that ers, for math and science, for most of part of the job. For the past three weeks one our school districts, cuts in Head Start of our students has been homeless. A few they are not valued as much, or deserving as teachers and myself have spent a great deal much, as our (other) children. It is a race programs, cuts in loan programs for of time feeding, sheltering and locating suit- issue. It is a social class issue, and, if not colleges, cuts in the School-to-Work able housing for this young man. It has been quickly addressed, we will all suffer in the Program, which is a new form of voca- frustrating, but as always, we have been in- end. For those who think that this is not tional training education and is work- spired by his determination to get through their problem, I say to you, you can run, but ing so beautifully in our high schools; you cannot hide. this. And once the students do beat the odds a 17-percent cut we had in the title I and arrive at school safely, what awaits For many of my 17-year-old seniors, I am one of the few white people with whom they program; and a 22-percent cut in them? Too often they face deplorable phys- school-to-work. ical conditions and severe lack of supplies have had a daily relationship. Their experi- and resources (yes this does include text ence with my race has often been either non- Within 2 hours of that vote, which existent, negative or at the very least, con- books). They face no heat in the winter and cut $3 billion in education, which rep- fusing. I am constantly faced with the chal- no air conditioning in the sweltering warmer resents the future of this Nation, we lenge of answering logical questions that months of May and June. School should be a have no reasonable answers—at least ones adopted a defense authorization bill haven and a refuge from the ills of the out- which I find satisfactory as I face into the that added $7 billion for items that the side world; instead it is a place where even eyes of these children. Why do white people Pentagon did not ask us to add—ships the presence of metal detectors and too few cross the street and hold their purses close and planes, mainly—and which the security guards can only do so much to keep and follow us around stores as if we are all our children safe. President did not request. Those are criminals? Why do white people look at us We read daily about the lack of supplies, not the priorities that the people of with such anger and fear? Why does our gov- money and resources in the District of Co- this Nation want. ernment seem not to care about us? These lumbia Public Schools. I am sure this is a are good kids growing up in a cruel world. The cuts in education are proposed at story that is repeated in inner city school Yet I’ll say it again. The story is in the mir- a time when a recent NBC News/Wall districts throughout the country, but these acle . . . the thirst for knowledge and the Street Journal public opinion poll says stories only scratch the surface. The reality will to survive. is much worse, in fact tragic. Many classes that 92 percent of all Americans believe I have made a point of exposing my stu- did not have books until November of this that the Federal Government should dents to my friends and to their jobs as lob- year. Until recently, there was only one spend the same or more on education; byists, hill-staffers and lawyers in the hopes copying machine for use by the entire fac- that stereotypes will be dispelled on both 92 percent of our people do not want us ulty, and now budget cuts have eliminated sides . . . they always are. One of the largest to cut education. the repair of that machine. We were often voids in these students’ lives are contacts The continuing resolution and the relegated to using a hand-crank, 1950’s style and positive exposure to people beyond their ditto machine located in the women’s bath- appropriation bill before us now makes immediate community. We all know it’s who room or expending our own funds to pur- historic cuts in education. These are you know, and by no fault of their own, chase copies of materials at Kinkos or Sta- cuts in programs that are working. We those connections are just not there. It does ples. Most teachers spend an average of $500– are not talking about cuts in programs not take a congressional study to understand 700 per year on supplies that are taken for this simple philosophy of how so many of that are not working. These are cuts in granted in suburban schools through this these kids are sent off into the world to com- programs that are having a positive country. Even the most basic supplies are plete with those who have been economically impact on the lives of people, accord- now elusive . . . pencils, paper . . . what’s and academically advantaged, equipped to ing to, I think, all the authorities that left? It is impossible to teach effectively succeed. Our students are not born crimi- without spending our own money. I can talk to. nals; they are not lazy or stupid. They just We are often inundated with news about I have traveled around my home want, and so deserve, the same chances that teachers who have given up . . . burned out this country is supposed to guarantee all of State of Michigan for the last month . . . who are apathetic . . . who simply do talking to parents, educators, and stu- not care. This is not a fitting description of its citizens. The last thing that they need is to be set back by further budget cuts in edu- dents. I asked them to talk to me so many of my colleagues at H.D. Woodson. about school-to-work, and to tell me Certainly it does not bespeak the endless cation, cuts which would only serve to dis- hours of work done by teachers who increas- courage students and the teachers com- what difference the School-to-Work ingly are being called upon to fill so many mitted to helping them beat the odds. H.D. Program means in their lives. And I am abdicated roles in their students lives. It is Woodson literally survives from the assist- told what that program means in the not an accurate description of Barbara ance that the Title I Program provides. To lives of students. cut any further into our resources would be Birchette, the lead teacher of the acceler- We finally have a School-to-Work ated charter school at D.H. Woodson, the nothing short of criminal. We should be doing everything we can do help them. Too Program where the business commu- Academy of Finance and Business. She daily nity is involved in education. The busi- and tirelessly performs the job of an army many people ask me why I continue to reach battalion. Nor does it describe Kenneth and care about these kids. I respond . . . how ness community is designing the cur- Friedman, the English teacher to whom stu- can you not? ricula in the high schools that will pro- dents know they can go to be fed and so Mr. LEVIN. Mr. President, I am a vide students with schools that the much more . . . nor Coach Bruce D. Brad- proud cosponsor of the pending amend- business community can use.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1799 Finally, we have a true marriage be- cannot budget that way. It is not a re- various educators and people relative tween business and education to pro- sponsible way to budget. So right now, to these cuts. vide real-world skills with real-world as they are budgeting for the fall, try- Larry Campbell, the superintendent technologies. What do we do? There is ing to figure out whether they have to of the St. Joseph County intermediate a proposed cut in the School-to-Work lay off title I teachers, and they are school district said this: Program of 22 percent. This is a pro- trying to figure out whether they will It is difficult for me to fathom proposed gram that is working. This is not a pro- have to terminate school-to-work pro- cuts in Federal education funds for title I, gram that is floundering, a program grams, this new form of vocational Goals 2000, school-to-work, and safe and that is wasteful. education training, which, as I said be- drug-free schools. I am deeply distressed at When you travel around our States— fore, finally marries the business com- the prospect of losing $265,600 in title I Fed- and I can only speak for my State, but munity with our schools in the most eral funding for schools in St. Joseph Coun- ty. This will have a profound affect on our I go to school after school after school, creative kind of partnership, that I have seen in education. We have busi- ability to educate children, especially those from one part of my State to another, with the greatest need. just on the School-to-Work Program. ness people in our schools working to- Mrs. Jean Sawaski, the vice presi- Another group of visits was on the title gether on a curriculum that will pro- dent of the Wakefield Township school I program. These are programs where vide skills for students that are needed board of education says: the Federal Government is making a by business. positive difference. These are not Mr. President, I have been in room I am deeply distressed at the prospect of losing $93,300 in title I Federal funding for wasteful programs. This is not where after room with business people and students together in my State of schools in Gogebic County. Please consider there is waste, fraud, and abuse, where the impact of these cuts to education. we ought to be active. These are pro- Michigan, where the business people David Defields, the superintendent, grams where we are making a positive tell me that when these kids complete and Mary Stessard, the director of pro- contribution to the lives of students this course, this School-to-Work Pro- grams and instruction of the Coloma and to the future of this Nation, and it gram, when they learn these skills and community schools, in a February 15 is proposed that we cut these programs when their attendance record is what it letter, said to me: by a historic amount of $3 billion, and has to be under this program, and when where the American people have told they do all the things required of them, In Berrien County we are projected to lose $1.1 million in title I funds alone, at a time us in public opinion polls, in our mail, they will have a job with me. When you look at a room full of kids and when when teachers have begun to accept the re- phone calls, and in our visits, that edu- search on how children learn, have invested cation is a very big priority for them. they are told by business people, ‘‘When you complete this course in this much time in professional development and They believe these programs are mak- are excited about new teaming efforts to get high school, when you graduate this ing a difference. it right the first time. You folks are asking These college loan programs are School-to-Work Program, you have a us to cut back and curtail the momentum. It making a difference. Head Start, we good-paying job with my company,’’ is all very discouraging for educators. Many know, makes a difference in the lives that is real, and that is happening in at-risk students will lose services. We are of students. Only half of the students the school-to-work world. That is what willing to tighten our belts. However, we hear that on the same day that a budget cut now eligible for Head Start get Head is proposed for a cut, unless, of course, there is a contingency fund that is of $3 billion from education funding is pro- Start. Only half. That is all the fund- posed, an increase for the defense budget of ing that is available. So instead of in- funded. But school districts cannot budget on $7 billion is proposed. Is providing contracts creasing Head Start, we have an appro- for the defense manufacturers more impor- that basis. They have to figure out now priation bill before us which reduces tant than the education of our children? whether or not next fall they are going Mr. Richard van Haaften, super- Head Start. to have to reduce their School-to-Work Now, in addition to the huge cuts intendent of the North Branch Area Program, or whether they are going to that this bill would make in education School, said: have to lay off title I teachers. These and that our amendment would re- are real budget decisions, and they I am very concerned about possibly losing store, that the Harkin amendment $350,000 in title I Federal funding for schools should not be left up in the air the way would restore, we have another prob- in Lapeer County. A loss of revenue of this this proposal does. magnitude will have a significant impact on lem, which is that the appropriation The bill includes significant funding proposal before us causes local school our ability to educate children with the cuts in some of the most proven edu- greatest need. districts tremendous uncertainty be- cation programs that we have. As I Marilyn phillips, Principal of Beetle cause the proposal before us says that said, school-to-work initiatives are cut there is a contingency fund, and if that Lake Elementary School in Battle by 22 percent. We ought to be increas- Creek, talks about real children where contingency fund is funded, then they ing school-to-work. It is a tremendous are going to get one level of funding, title I has made a difference in their success. Goals 2000 is reduced by 22 per- lives. She says: and if it is not funded through some cent; Perkins low-interest college budget agreement between the Con- loans is cut 37 percent; State student I wish you could see how title I funds have gress and the President, then it is not helped so many students in our school. We incentive grants is cut 50 percent; the have an excellent early intervention pro- going to be funded. title I skills program is cut by 10 per- How do we expect school districts to gram for our kindergarten, first- and second- cent; Head Start is cut by 4 percent; grade students which will have to be cur- be budgeting for next fall when we funding is eliminated altogether for tailed if you reduce funding for next year. have, as part of their funding level, a the summer jobs program. This pro- For instance, Caitlin, a first-grader who was contingency fund which nobody has gram has a direct affect on thousands not succeeding in kindergarten, is now a flu- any idea whether or not it is going to of young people who otherwise are ent reader in the first grade because of the be funded? These are administrators of going to be without work and in the extra help given her through title I funding. schools. They have responsibilities to Adam, Travis, and Mark, and so many others streets. It affects their education be- have been helped, too. Won’t you please people—to our children, in the case of cause many of these jobs are directly high schools and elementary and inter- think about the importance of good edu- connected to whether or not they are cation for this generation of children? mediate schools, and colleges, in the in school or not. Won’t you please think about the impor- case of college students. They have re- As I have said, Mr. President, my re- tance of a good education for this generation sponsibilities to plan a budget. action to these cuts is not just based of children? The appropriation bill before us says, on some philosophical belief that I hold Superintendent of the Detroit Public well, some of these cuts you are talk- deeply that education is the key to our Schools, Dave Snead, told me: ing about maybe will be restored. If the future. It is based on personal experi- President and the Congress get to- The elimination of the Summer Youth Pro- ences and traveling around my home gram is short-sighted and sacrifices our abil- gether on a budget deal, then there is State of Michigan. ity to teach skills related to the work ethic, going to be a higher level of funding, (Mr. KYL assumed the chair.) economic independence, and self-sufficiency. and those $3 billion in cuts you are Mr. LEVIN. Let me give some exam- Reduction of funding for Head Start, Title I, talking about will not happen. They ples of some of the comments of the School-To-Work, and Safe and Drug-Free

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1800 CONGRESSIONAL RECORD — SENATE March 12, 1996 Schools shortchanges students most in need is a proven way of increasing edu- Staff Leon Panetta, with whom I have of assistance. The proposed cuts must not cational opportunities for the bread- talked about these offsets again and stand. winners of those families. We know it again and again. We are still struggling Well, if these cuts do become law— as certain as we are standing here; to find those offsets, because if we do and, if we do not correct them through that, if we can increase educational op- not find those offsets there is a real the pending amendment—our Nation is portunities for people, there is a strong threat that there will be a stalemate going to face the largest cut in edu- likelihood—not a 100 percent likelihood again between the Congress and the cation funding in our history. Over $3 but a strong likelihood—that they will President which will lead to a closing billion will have been taken from be better off economically through of the Government, which I think has America’s schoolchildren, and the loss their lifetime. Knowing that, why in been cataclysmic and would be even of the investment in their futures will Heaven’s name we would be proposing more so if it happened again. have harmed us all. historic cuts in education programs is That is not something I am saying So, Mr. President, President Clinton beyond me. When we are struggling to for the first time in this Chamber, on has said he will not sign this bill in its find ways to improve family income to March 12, today. I said that back on present form. And he should not. But it finally get it back into a growth mode, November 14, on the second day of the should not get to him in its present under this a appropriations bill—unless first closing of the Government be- form. The Senate should adopt the it is amended—we would be making re- cause of my view that if we are going pending amendment which should re- to have political gridlock, we ought to ductions in one of the ways that we can store educational funding to at least find a way to carry forward and crys- be enhancing family income. last year’s level, and we should not rob Our families are not only working tallize the issue for the November elec- our children of their future, which is tions and then take it to the American longer hours, they are more productive what we do when we cut education pro- people as to whether they prefer the than they have ever been. Our produc- grams which are working. approach of the Congress or prefer the tivity as a people has gone up dramati- I want to close with that thought be- approach of the administration. cause a lot of us in this body have gone cally. So as we have had these continuing So the families of America are work- after programs which do not work. We resolutions late last year and again ing more hours, are more productive spend a lot of time trying to reduce early this year, I have been talking to than ever, and yet family income is programs which should either be elimi- the administration’s chief negotiator, stagnant. Median family income in nated or be reduced. That is true of Mr. Panetta, to try to find out the off- many programs. And that is the re- America has actually gone down over sets. I wrote to Mr. Panetta back on sponsibility which we have, and which the last 20 years. It is a situation which February 20 of this year. I will read the some of us have tried to carry out. But has troubling—indeed, tragic—over- first paragraph. tones. And what we must do is con- these programs work, and we have to DEAR LEON: I called again this morning to make a distinction between programs tinue to seek ways that we can reverse try to find out from you the possible offsets which work and programs which do that situation. We must look for ways to add approximately $3.3 billion for appro- to improve the standard of living of av- priations for my subcommittee on Labor, not. When we have a title I program Health and Human Services and Education. which is working, when we have erage American families. And the worst thing we can do—the last thing As you know, when we talked the week be- school-to-work, and vocational edu- fore last you expected to be able to identify cation programs that are working, we ought to do—is to be cutting the those offsets by last Tuesday. When I caught Head Start programs that are working, education programs which can help up with you on Friday, you thought the off- we should be finding ways to increase families, and help future families earn sets could at least be identified by today. the availability of these programs. more. We had scheduled a hearing for the We should be making college more So I hope that we will be adopting three Secretaries for February 21, available to students—not less. We are the amendment before us. I hope that which was deferred in the absence of in the midst—and have been for about we will restore not just in a contingent those offsets, and we finally had those 20 years—of a real economic crunch on way, or in a hypothetical or possibly a hearings trying to get the priorities the average American family. It is theoretical way but that we will actu- from those top administration officials something which we have been con- ally restore funds which have been cut a week ago today, on March 5. I had ac- cerned about and have tried to turn from some very vital education pro- tually gone to Wilkes-Barre, PA, on around for a long time. We know that grams. February 16 in the hope that I would there is a direct relationship between I again am proud to be a cosponsor of see Mr. Panetta. I could not reach him how much education you have and the pending amendment and hope that on the phone. He was traveling with what your lifetime earnings are going it passes with an overwhelming vote of the President. I got to Wilkes-Barre, to be. It may not be true in every case. the Senate. PA, when the President was scheduled But it is true in most cases. The more I yield the floor. to inspect flood damage with a number education that you have the greater Mr. SPECTER addressed the Chair. of Pennsylvania officials from the the likelihood is that you are going to The PRESIDING OFFICER (Mr. Pennsylvania congressional delegation have a better income for your whole KYL). The Senator from Pennsylvania. and the Governor. I found Mr. Panetta life. We know it statistically. And what Mr. SPECTER. Mr. President, in my was not there, so I had a chance to talk we also know is that the relationship is capacity as chairman of the Appropria- to the President about this issue. closer than it has ever been. To put it tions Subcommittee on Labor, Health President Clinton said to me that he another way, the gap in income be- and Human Services, and Education, I had discussed this offset question with tween those that have education and have been struggling to meet the re- Mr. Panetta and that offsets had been those that do not is growing. quirements of these three important identified. I asked the President what When we are in a situation—I think departments in a way to present on the they were, and he did not have the spe- it is a deeply troubling situation— floor of the Senate a bill which can cifics at that time. But we are still in when that average American family pass and will be signed by the Presi- search of those offsets. has seen stagnation in its income, dent. There is an open question as to The bill which passed the Appropria- when that average American family is whether there can be passage of a bill tions Committee provided an addi- working longer hours, because they by the Senate on a 51 majority vote on tional $3.3 billion for these three de- are, or more hours put in per family to the declaration of an emergency with- partments. The amendment which has earn either the same amount, or less, out having offsets so that we reach the been offered by Senator DASCHLE re- in real terms after inflation and after objective of a balanced budget, which duces that figure and calls for addi- taxes, it seems to me that we have to is the objective articulated by the Con- tions of $3,098,637,000. In working with look for ways that we can turn that gress as well as the President. Senator HARKIN, who is the ranking around where we can again see real It has been this search for offsets Democrat on this subcommittee, in growth in family incomes. which has occupied me for many weeks what was virtually an all-night ses- One of the ways to do that—and there up to this instant. This morning I was sion—Bettilou Taylor nods in the af- are many—but one of the ways to do it on the phone trying to reach Chief of firmative—we have been able to come

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1801 up with offsets of $2,634,239,000. And in So that we are struggling to find education with actions that will pro- my efforts to reach Mr. Panetta again enough money in offsets which will en- vide a good education. this morning, talking to Miss Barbara able us to proceed, to maintain the ob- This amendment does not represent Chow of his office, talking about off- jective of a balanced budget by having empty promises. It brings education sets perhaps from extending current offsets. It is something which Leon Pa- funding back to last year’s level and is fees of the Nuclear Regulatory Com- netta is committed to do, searching for paid for with real spending cuts, not mission, there is a question as to offsets. I repeat the quotation of the with the fund contingent on some un- whether that fits into this year or not. President when I talked to him in certain future event. When my colleagues from the other Wilkes-Barre on February 16 that there Last week, the Appropriations Sub- side of the aisle have been talking were offsets and we are still trying to committee for the Departments of about the importance of education, I identify them. And this business about Labor, Health and Human Services, will not take a back seat on education an emergency, if that is sufficient to and Education heard from the Secre- funding to anybody in this Chamber or avoid a 61-vote determination, that all taries of these agencies. As a member anybody in this Congress or anybody in anybody has to do in any amendment of that subcommittee, I was stunned by this country. The education issue was which is offered by any Senator is to the extent that education and job very heavily stressed in the Specter say it is an emergency situation. training programs have been hampered family when I was growing up because The logic is that if it is determined by the sharp cuts in the current con- my parents had so little of it. Both im- to be an emergency by the President tinuing resolution and by disruptive migrants, my mother only went to and by the Congress, then that is an Government shutdowns. school through to the eighth grade; my emergency and it is an exception to the Despite these warnings, the Appro- father had no formal education; but my Budget Act. But the question remains priations Committee reported a new brother, my two sisters and I have been as to what kind of a vote it is which de- continuing resolution containing over able to share in the American dream termines whether there is such an $3 billion in cuts to education and job because of educational opportunity. emergency. training resources. My own State of And I am determined to see that for There are extensive parliamentary Wisconsin will be hit with a $20 million America today and for America tomor- considerations as to the ruling of the cut in education, including almost $1.5 row. Chair and overturning the ruling of the million less for Goals 2000, $2 million in There is another public policy consid- Chair by a majority vote, and I would vocational education cuts, $4.5 million eration. Equality is in the eye of the like to see us not engage in that kind in cuts to the Safe and Drug-Free beholder in how we get there. And that of parliamentary maneuvering. I would Schools Program, and a debilitating $12 is the commitment which the Congress also not like to see us engage in jeop- million cut in title I, which is the has made to a balanced budget, which ardizing portions of this bill which pro- money that goes to our most disadvan- the President has agreed to. That is vide for emergency relief for the ter- taged young students. why we are searching for these offsets. rible floods which ravaged my State of Supporters of this continuing resolu- When comments are made about grand- Pennsylvania and many, many other tion will argue that there is over $3 bil- children, I concur totally on edu- lion in education money provided, con- cational opportunity. But I am also States. That is why I am hopeful that we can tingent upon Congress passing entitle- concerned about not paying our bills come to terms and find the necessary ment reform. Mr. President, school ad- that we run up on a credit card today, ministrators cannot bank on some un- as we have for so many, many years offsets so that we maintain the com- known budget breakthrough that may with a national debt which exceeds $5 mitments which I think, realistically happen in 2 or 3 weeks or perhaps not trillion and annual deficits which ex- stated, remain on both sides of the even at all. I hope we do get a break- ceed $200 billion. So that is what we are aisle to balance the budget and not to through on a budget deal, but these struggling to do. undercut that, but where we do add to Comments were made about summer education and summer jobs and school- school officials need to make budget jobs. One of the Senators on the other to-work programs, programs that I to- decisions for the coming school year side of the aisle said that he talked tally subscribe to, that we do so in a right now. with the assistant district attorney in way which comports with our responsi- Let us present our school officials, Boston who pointed out that crime in- bility on a balanced budget and meets our parents and their children with creased when school closed. I do not that with offsets. real solutions and not illusions. Our know why you have to talk to anybody At this point, I am going to continue amendment takes the education prior- special to find that out. I was an assist- my work on the offsets. That concludes ities identified under the contingency ant district attorney many years ago. the essence of what I have to say. I account and pays for them right now. The city of Philadelphia has a lot of know of no other Senator seeking rec- Real offsets are provided for real res- similarities to Boston. And I saw that ognition, Mr. President, so I suggest torations in the title I program, school when school was out crime went up, the absence of a quorum. to work, drug-free schools, Goals 2000, and I did not have to find that out that The PRESIDING OFFICER. The higher education and Head Start. particular summer. It was the summer clerk will call the roll. Mr. President, no one believes that of 1960 when I saw that. The assistant legislative clerk pro- balancing the budget is easy, but peo- I have been as concerned as my col- ceeded to call the roll. ple do question the priorities of the leagues on both sides of the aisle about Mr. KOHL. Mr. President, I ask unan- 104th Congress. People do question why summer jobs, and the add-backs which imous consent that the order for the the Pentagon was given $7 billion in are in the committee report provide for quorum call be rescinded. spending it did not even ask for or need $635 million for summer youth jobs, The PRESIDING OFFICER. Without when, in fact, education is slated for which is what President Clinton had objection, it is so ordered. huge cuts. People do question why we asked for in the add-back request. Mr. KOHL. Mr. President, I come would shortchange education when When there is talk about the impor- here as an original cosponsor of the noncontroversial offsets exist to pay tance of school-to-work by my col- Daschle-Harkin education amendment. for continuing funding at last year’s leagues on the other side of the aisle, I With this amendment, we have the op- level. agree with that, too, and we have portunity to answer a daunting ques- I am a strong advocate of balancing added back in the bill currently pend- tion for school administrators, teach- the budget. To get to that goal, I know ing from the committee $182 million ers and parents across the country: we have to consider cuts in programs for school-to-work programs, which is How much does this Congress value that we all support, and I am willing to the President’s request. education? do so in every area, except in core edu- When you talk about the vital factor With this amendment, we can make cation programs. of title I compensatory education, the right choice. By passing it, we can Reducing our spending on education again we have met the President’s re- prove to our children and their teach- is perhaps the most unbalanced and un- quest on the add-backs putting in ers that Congress will back up its fair act that this Congress can take. $1,278,887,000 billion. words extolling the virtues of a good We have already saddled our children

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1802 CONGRESSIONAL RECORD — SENATE March 12, 1996 with Government debt topping $5 tril- structure a bill here which will not be much a question, but debate as a dialog lion. It is unconscionable at the same acceptable to both the Congress and on where we are heading here, that if time to take away the tools that will the President. those offsets do not exceed $2.634 bil- allow them to earn money to pay off We will have another closure of the lion, you do not really get the $3.09 bil- that debt. Government if we send to the House of lion that Senator DASCHLE wants. And When I ran my own business, Mr. Representatives a bill which is based we look to send a bill to the House of President, the people I hired were the on the emergency determination with- Representatives which will be tough best people with the best education. out offsets. I think it is not highly enough to get if there are hard offsets. What was true for our chain of stores probable—it is virtually certain it will What would Senator KOHL’s response at that time is true in the national and be rejected and we are not going to be? international marketplaces as well. have this issue resolved. I very much Mr. KOHL. Well, I think that we are Study after study has shown that the lament the fact that we are here on debating whether or not the offsets wages and quality of life of workers are March 12, looking at a March 15 dead- that I have offered are legitimate. I directly related to their educational line. think for the most part they are. They achievement. In the international eco- I have spoken earlier, before the Sen- are legitimate, I think, to the extent nomic arena, the country with the best ator came to the floor, about the ef- that we are missing, perhaps, just a relatively small portion to get to $3.1 educated work force will inevitably get forts I had made with Mr. Panetta in billion. I think we need to work a little the high-paying, high-technology jobs trying to get this matter resolved ear- harder to get there, because it is a in the future. lier, and calls going back over several question of priorities. To leave the next generation with months, and referencing a letter I had written him about that. So that, if If we do not feel the priority, then we huge debts is disgraceful. To leave will not find it. You never do. You have them with an education deficit as well, faced between the choice on finding hard budget offsets which come to, say, to feel the priority, or those of us who I believe, is criminal. Skimping on edu- feel strongly about it feel strongly cation funding runs counter to almost roughly $2.63 billion, what would the Senator’s response to that be, con- enough so that we feel we have to fund every stated goal of this Congress. How those offsets so that we can in fact can we reach a sustained balanced trasted with the pending amendment? Mr. KOHL. Yes. It is my under- make this priority one of educational budget without giving the next genera- standing that the offsets for the edu- needs a reality and not find a way to tion the tools that they need to grow cation amendment are not controver- not accomplish it. the economy? How can we reform wel- sial and they were agreed upon during Mr. SPECTER. Mr. President, I agree fare into a work program without giv- previous budget negotiations and have totally—— ing our young people the skills they been scored by the CBO. What I have is Mr. KOHL. I did offer, as I say, some- need to get and hold good jobs? How $1,359,000,000 from the privatization of thing like $3 billion, very close to $3 can we address the income disparity in the uranium enrichment offset, billion, in cuts that have been debated and agreed upon. This Uranium Enrich- our country if we deny students the $1,320,000,000 from extending the NRC ment Corporation cut from extending quality education that will allow them commission fees, and $292 million from the Nuclear Regulatory Commission to improve their standard of living? the sale of the strategic petroleum re- I believe that our choice today is fees, and the $292 billion from the sale serve. stark. We want to give our children the So those are the offsets that have of the strategic petroleum reserve, this education they need to keep this coun- been agreed upon and have been scored. totals up to $3 billion, very close to the try’s economy healthy and to keep So I am satisfied and comfortable that $3.1 billion we are talking about in terms of education. their standard of living decent. I hope we are not only adding back, as you Mr. SPECTER. The problem is the that the Senate will make the right point out, over $3 billion in education $1.3 billion from the Nuclear Regu- choice—to choose the future and pass funding, but we are also providing an the Harkin education amendment. latory Commission is not realizable equivalent amount of cuts. until the year 1999. But I agree with Thank you, Mr. President. Mr. SPECTER. The facts that I have what Senator KOHL said about working Mr. SPECTER addressed the Chair. differ to some extent of significance. hard to try to find them. But if we do The PRESIDING OFFICER. The Sen- What we have come to in offsets of not find them, I do not believe it is re- ator from Pennsylvania. $2,634,000,000 is $1.3 billion, where I alistic to send to the House legislation Mr. SPECTER. Mr. President, while agree, as to the sale of the Uranium the distinguished Senator from Wis- which is based upon anything but hard Enrichment Corporation. Then there is cuts which come within the timeframe consin is on the floor, I would appre- $292 million from the sale of oil from ciate it if he would be willing to have that we are talking about here. the strategic petroleum account and I thank my colleague for engaging in an exchange of views and respond to a $526 million from the FAA rescission, question or two on some of the state- this discussion. $159 million of unobligated balances Mr. KOHL. I thank my colleague. ments which he just made. from Pell grants, and $166 million from Mr. KERRY. Mr. President, if I could Mr. KOHL. Go right ahead. unused budget authority in the com- just pick up where the colloquy be- Mr. SPECTER. At the outset, I ex- mittee allocation, $200 million in year- tween the Senator from Wisconsin and press my admiration for the work that round youth training, which is back to Pennsylvania left off, I would like to the Senator has done. We have worked the fiscal year 1995 level, and $25 mil- emphasize what I think is the most im- very closely together on a number of lion from the unemployed trust fund. portant point, which is that over the 7- committees, including the Terrorism I think it is useful to talk about year period there is a sufficient offset. Subcommittee. I note his comments these in specifics so that our colleagues The Senator from Pennsylvania is cor- and concern, which I have heard before, who may be watching will have some of rect that you do not get it every single about the balanced budget. the specifics. But with respect to the year and you do not have it necessarily When the Senator says that there are Nuclear Regulatory Commission, I had in the up front, but we are talking offsets, it is my analysis, backed by thought when I called Mr. Panetta this about a 7-year budget, and over that 7- staff, that the amendment offered by morning and finally talked to Ms. Bar- year budget there is a sufficient offset. Senator DASCHLE does not have offsets bara Chow—and she brought up the Now, if there is not, assume for the for the full amount of $3,098,637,000. In subject—that would be more than purposes of argument there is not, my the efforts which Senator HARKIN and I enough, $1.3 billion. But there are no question to the Republicans is: Are we have made to try to find offsets, we savings from that account until 1999. I going to offer that as a show stopper, have come to a figure of $2,634,239,000. think that is why Senator DASCHLE has or are they prepared to put the money There is, in Senator DASCHLE’s inserted in this amendment the emer- where their rhetoric is and, in fact, amendment, a provision for a declara- gency provision, which he hopes will fund education to the level that it tion of emergency which seeks to take take his amendment out of the limita- ought to be in this country? this amendment out of the provisions tions of the Budget Act. Now, if there are not sufficient off- of the Budget Act requiring 60 votes. A So, I guess my question would be, or sets, are we being told by the Repub- concern that I have is that we will the point of discussion really, not so licans that out of a $1.5 trillion budget,

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1803 $1.3 trillion or so of which is actually money is not the whole solution. We all happening to our workers, recognizing revenue funded, we cannot find a suffi- understand that. Clearly, we need re- what is happening to the whole work- cient amount of money to guarantee form in our school systems. We need place where people’s ability to be able that the disadvantaged school commu- testing. We need to know when a stu- to get ahead is tied to their ability to nities in this country will get funded? dent gets a diploma they can actually get an education, where countless num- That Head Start will be funded? That find the Capital of the United States on bers of our workers now are the vic- school to work is going to be funded? a map or recite the basics of American tims of the downsizing and of this new That summer jobs are going to be fund- history, or do basic math. Regrettably, information age that we live in, where ed? we have people in America who are people are working harder and harder Look, this is a statement about pri- content to pass kids on from one grade and harder just to pay the bills and to orities. There has been no trouble fund- to the other without even an assurance make ends meet, here we are debating ing the B–2 bomber in the year 1996; that they can do that. That is disgrace- add-backs that do not even get us to there has been no trouble funding the ful. That ought to change. A large part last year’s level of commitment to edu- freedom-to-farm bill, which finds an of that is a matter of personal account- cation. It is astonishing, absolutely as- extraordinary amount of money being ability within the school system. But tonishing. given away to the mining interests in there is not any one of us who has not There is not an educator in America this country, extraordinary amount of traveled to school systems in our who will not document the need to money being given away to the timber States where they do not have com- have sufficient basic skills to be able industry, extraordinary amount of puters, where they are not wired to the to move into the information world. money being given away to people to network, where they do not have state- All of us are on the floor constantly not grow crops. So we are going to pay of-the-art laboratories for science, talking about the virtues of tech- people in America not to grow a crop, where they do not have language lab- nology. You look at the entire history but we are not going to pay people in oratories, where they do not have mod- of this country from World War II, 75- America to grow a child? Unbelievable ern reference books for their libraries, plus percent of the productivity in- choice of priorities. Unbelievable where their libraries do not even stay creases in America since World War II choice of priorities. Pay people not to open, where the whole school shuts at have come from advances in tech- grow something out of the ground, but 2:30 in the afternoon. nology. Every one of us understands do not pay for this kid that is already Mr. President, it seems to me that if that in order to continue to compete to alive that needs Head Start, hot we are going to talk about values in advance our productivity we will con- lunches, or decent education? That is the United States of America we ought tinue to diminish the labor of human the choice on the floor of the U.S. Sen- to start living them here on the floor hands in the workplace. ate. of the U.S. Senate in our votes. This is Now, if we are going to increase that The Senator from Tennessee, Senator a value-oriented vote. labor with respect to services or with THOMPSON, the Senator from Arizona, What is extraordinary to me in this respect to the new technologies, people Senator MCCAIN, Senator FEINGOLD, measure is that children in the United have to have the skill level. Mr. Presi- and I were able to identify 60 billion States are being held hostage to the dent, they are not getting it in our dollars’ worth of cuts that we thought whole budget process. This is a game school system in America today suffi- were pretty reasonable that we could that is being played; one more political ciently. They could. Let me share come to. Now everybody here will game. What is the game? The game is quickly an experience from a school in agree they are reasonable, but it cer- that all of this money that is being Boston. This came to me from the prin- tainly is fairly indicative of something, talked about as an add-back is not an cipal of the school, Thomas Gardner that the Senator from Arizona, a Re- add-back at all. It is a contingency. It School. He wrote and said, publican, the Senator from Tennessee, is going to be there if something else The staff and the parents of the Thomas Gardner School were devastated to learn re- a Republican, two divergent areas of happens. It is not going to be there be- cently that the title I funding for 1996/1997 the country for Democrats, the State cause we think our kids need it. It is school year will be taken away as a result of of Wisconsin and Massachusetts, could not going to be there because it abso- Federal funding cuts. After working so dili- all agree on 60 billion dollars’ worth of lutely ought to be there, and schools gently in implementing an Inclusion Pro- cuts. ought to be able to plan on what they gram at the school and receiving the Boston What kind of things did we find? We will spend next year. It will be part of School Improvement Award in the Fall of found the closing of the Uniformed the great political game in Washington 1995 for being the second most improved Services of the University of Health because the section in the bill that school in the city, it is a rude and sad awak- Sciences, increasing the burdening ening to all of us that with the loss of our does the add-backs, section 4002, says Title I Grant, our efforts to establish a supe- sharing of the Republic of Korea, ter- none of this money can be spent, even rior educational environment may have been minating the advanced neutron if we pass this today, unless there is a in vain. project, consolidating and downsizing future agreement that is passed be- Without the $213,000 that we received this overseas broadcasting by capping our tween the President and the Congress year from Title I, two full-time and one part- funding to Radio Free Europe to per- regarding all of the fiscal years of the time teachers will not be with us next year. haps only $75 million per year, putting budget agreement. The loss of these teachers will result in our having to relinquish the Inclusion Program other fiscal restraints on it, elimi- In other words, we could pass this which has been so successful and return to nating certain travel authorizations, today and some people can go home the traditional classroom setting. This will reducing some of our export enhance- and say, ‘‘Aren’t I terrific, because we seriously disturb our school climate, ulti- ment program for corporations that just added back money to education,’’ mately reducing our students’ self-esteem make millions of dollars. but it will not be added back at all un- which we at the Gardner School have worked We have people in the U.S. Senate less Medicare is cut, Medicaid is cut, so hard to increase. This will also gravely af- who a few weeks ago voted to continue taxes are cut to the level that the fect the students in our Bilingual Program to fund extraordinary amounts of because we are losing both a literacy and an House of Representatives is currently English as a Second Language teacher. Not money to multimillion-dollar corpora- holding everybody hostage to. That is only will the students suffer with the loss of tions making a profit, to help them sell not serious legislating, Mr. President. the program but this will also cause low mo- their products overseas. How do you What we have done is offer an amend- rale amongst the staff. Since my announce- balance the equities of funding a prof- ment that is real, that offers real ment of this tremendous loss of money, I can itmaking American corporation to sell money, that brings us back not to the already see that there is an air of dismay its product overseas but not fund a level that many of us in the U.S. Sen- and anxiety in the building because a num- nonprofitmaking entity that is trying ate think we ought to be back to with ber of staff members are wondering if they to raise our kids for the future here in respect to spending on education, but are going to be displaced. This affects teach- ing and learning because it breaks the spirit this country? I think the choice is at least gets us back to hold us harm- of the school community—the teachers, the very, very clear. less from last year. parents and the students. I said yesterday in my comments on It is a tragedy that in the United Our new computer system, which was fund- the floor and I repeat again, obviously States of America, recognizing what is ed by Title I money, helped us accomplish a

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1804 CONGRESSIONAL RECORD — SENATE March 12, 1996 very difficult task during the 1994/1995 school it is surely not a great statement bombastic about illegitimacy, births year. During that year there was a signifi- about the priorities of this country. out of wedlock, and run around saying cant rise in the Metropolitan Achievement The mayor writes: how the values of the country are im- Reading/Math Percentile test scores. With In Boston, as across the nation, the JTPA ploding and then forget that the three this success, we planned to move forward IIB program provides constructive activities with Title I money so that every classroom great teachers of values are the for young people and keeps them from idling at the Gardner School would have Computer schools, parents, and religion. in the streets during the hot summer Assisted Instruction next year. There are too many kids today who The teachers and parents of the Gardner months. Through the program, thousands of grow up without contact with any one School and the other 22 Boston schools young people gain work experience, build academic and employment skills, and earn of those. It is no wonder that we have which stand to lose a total of 3.5 million dol- sociopaths raised in this country who lars in Title I funding next year, strongly money through service at neighborhood- based community organizations and down- are prepared to shoot another human protest the insensitive and unjustifiable cuts being just to wear their Levi jacket or in Title I funding proposed by Congress. town government agencies. The program also includes specialized their Reebok sneakers. If we are going Mr. President, that is one example. I units emphasizing life skills, academics and to be real in our talk about how you in- know that can be replicated in schools the arts, and tailored efforts for young peo- culcate values into young human ple with special needs, including employ- all across this country. But what really beings, let us recognize the lessons of leaps out at me here, above all, is this ment for deaf/hard of hearing youth; English as a Second Language instruction for ref- what taught all of us. contradiction: ‘‘During that year, there Let us affirm some structure in those was a significant rise in the Metropoli- ugee/immigrant youth; and counseling for court-involved youth. children’s lives. Let us somehow find a tan Achievement Reading/Math Per- Mr. President, we have a provision in way in the Senate to guarantee that centile test scores.’’ the 36 percent of all the kids in Amer- That is what we are trying to our Tax Code that encourages compa- nies to take a deferral and reduce their ica who are born out of wedlock are achieve, what we are talking about, going to somehow find some teacher in what we are struggling about. They taxes for moving their jobs overseas. Here we are fighting to put back their life, a mentor, one-on-one, some had planned to put it in every class- outreach, some affirmation that will room. That is what we are talking money at the expense of that program so kids right here at home can have a give them an opportunity to believe about. Every classroom in America job during the summer. That is a pret- that they too can make it in this coun- ought to have this. We ought to want ty fundamental choice. try because, if we do not do that, it is to do that before we build the next Let me share one last example of an absolute certainty that we will con- bomber, before we put out the next set what is at stake here. This information tinue to fill our jails, our substance of missile systems, or whatever it is. comes to me from New Bedford, MA, abuse programs, our shelters, and we We ought to want every classroom in one of the highest unemployment sec- will continue to bemoan the loss of the this country—and we ought to make a tors of Massachusetts, perennially, country that all of us care about and commitment—to have that computer which has been hard-hit now by the want to have. capacity. We know it is more than just loss of industrial jobs and jobs in the That is what is at stake in this de- computers. It is guidance counselors, fishing industry. bate. That is what this amendment is books, the whole atmosphere of the There is a program there that start- about. And I hope we can find it in our- school, its safety, its drug-free schools. ed, a Head Start program in New Bed- selves to strip away the politics, to Why are we cutting drug-free safe ford. It has been about a year going on. strip away the sort of the scorecard, if schools by 57 percent? That was the It actually has a two-part program you will, of who wins and loses. We all original effort. Now the Senator will called People Acting in Community win. We all win. Most importantly, the come back and say we are going to add Endeavors. In 1994, because of the ca- children of America will win, if we can back that money. As I pointed out, it is pacity to do this inexpensively and find a way to sufficiently guarantee not a real add-back, unless we get all keep the administrative costs down the resources for our education system the other cuts that will come with the and run a whole program, they bought are adequate. I hope we are going to do rest of the budget agreement. So we a building, in order to create a second that today. are holding children and the education outreach program of Head Start for Mr. President, I ask unanimous con- goals of this country hostage to the kids who need it. And 294 children are sent that the two letters I used be politics of Washington. They do not participating in the New Bedford Head printed in the RECORD. come first; the politics are coming Start program as of a year and a half There being no objection, the mate- first. ago. That program provides nutrition rial was ordered to be printed in the Let me share another quick letter. and educational services to a multi- RECORD, as follows: This is from the mayor of the city of cultural community. Now we learn, ac- BOSTON PUBLIC SCHOOLS, Boston: cording to the budget cuts that have THOMAS GARDNER SCHOOL, I am writing to alert you to an urgent situ- been proposed here, that there will be a Allston, MA, March 12, 1996. ation facing economically disadvantaged 50-percent reduction in that funding, The staff and the parents of the Thomas youth next summer—the elimination of the which adds to their now $6.5 million Gardner School were devastated to learn re- Federally-funded summer jobs program for debt and to other cuts in the CDBG cently that the Title 1 funding for the 1996/ 1996. 1997 school year will be taken away as a re- As you may know, funding for the Summer title I. So you are not only going to sult of federal funding cuts. After working so Youth Employment and Training Program wind up laying off teachers, you are diligently in implementing an Inclusion Pro- was eliminated in both the Senate and House going to wind up cutting the program. gram at the school and receiving the Boston appropriations bills for 1996— Mr. President, it just does not make School Improvement Award in the Fall of Why would we eliminate them? What sense. I know there are colleagues of 1995 for being the second most improved is it that sets a priority in the first mine on the other side of the aisle, like school in the city, it is a rude and sad awak- place to eliminate this? Why is our the Senator from Vermont, Senator ening to all of us that with the loss of our Title I Grant, our efforts to establish a supe- time being consumed to come back JEFFORDS, and others, like the Senator rior educational environment may have been here and have to struggle to put back from New Hampshire in the chair, who in vain. into a bill money for summer jobs for care enormously about education, who Without the $213,000 that we received this youth? What U.S. Senator believes that are committed to this. I do not think year from Title I, two full-time and one part- kids are better off wandering around that the U.S. Senate should have that time teachers will not be with us next year. the streets of our country in the dead hard a time finding a way, out of this The loss of these teachers will result in our of night in the summer because they $1.5 trillion budget, to guarantee that having to relinquish the Inclusion Program have not had a constructive day? Who we provide what is needed, not what we which has been so successful and return to sort of want to find to provide, but the traditional classroom setting. This will believes that? Why was it taken out in seriously disturb our school climate, ulti- the first place? Why are we struggling what the country desperately needs in mately reducing our students self-esteem to do that here at the last moment? order to be able to provide structure which we at the Gardner School have worked Well, maybe it ties everybody up and for these kids. We cannot just come to so hard to increase. This will also gravely af- it ties up the energy of the Senate. But the floor of the U.S. Senate and be fect the students in our Bilingual Program

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1805 because we are losing both a literacy and an As the budget reconciliation process goes the same cuts that we haven’t been English as a Second Language teacher. Not forward, please support the restoration of able to agree upon over the past year. only will the students suffer with the loss of the summer jobs program for 1996. Thank So the only way we could increase the program but this will also cause low mo- you for your efforts on behalf of the young money for education is by taking des- rale amongst the staff. Since my announce- people in our communities who need and de- perately needed funds away from ment of this tremendous loss of money, I can serve a chance to work and learn during the already see that there is an air of dismay summer. America’s most vulnerable citizens, the and anxiety in the building because a num- Sincerely, elderly and children. It is like robbing ber of staff members are wondering if they THOMAS M. MENINO, Peter to pay Paul and it is unaccept- are going to be displaced. This affects teach- Mayor of Boston. able. ing and learning because it breaks the spirit Mr. DODD. Mr. President, I rise This is the ultimate example of of the school community—the teachers, the today in strong support of this amend- smoke and mirrors. The Republicans go parents and the students. ment to increase real education fund- to the voters and say ‘‘We’re serious Our new computer system, which was fund- about education,’’ when in fact they ing for our Nation’s children. ed by Title I money, helped us accomplish a provide hardly any real money to fund very difficult task during the 1994/1995 school Over the past year, this Congress has eliminated billions of dollars for edu- Federal education programs. year. During that year there was a signifi- The Democratic amendment proposes cant rise in the Metropolitan Achievement cating America’s young people. And real offsets and real spending cuts that Reading/Math Percentile test scores. With this CR would continue that process by this success, we planned to move forward would allow Congress to maintain its slashing $3 billion from vital education commitment to education. with Title I money so that every classroom programs. This moves us toward the at the Gardner School would have Computer This is the real way to balance a Assisted Instruction next year. single largest cut in education spend- budget, by matching spending in- The teachers and parents of the Gardner ing in our Nation’s history. creases with real spending cuts. School and the other 22 Boston schools And, there are real children behind THE GOP BALANCED BUDGET STRATEGY which stand to lose a total of 3.5 million dol- these cuts: $137 million would be To be honest, I have given up trying lars in Title 1 funding next year, strongly slashed from Head Start, affecting to understand the rationale of the ma- protest the insensitive and unjustifiable cuts more than 20,000 3- and 4-year-olds; $679 in Title I funding proposed by Congress. We jority party’s budget cutting strategy. million would be cut from math and First, they shut the Government urge everyone who agrees that funding for reading programs, affecting 700,000 education is the most valuable investment down, costing the taxpayers over a bil- we can make today to join our protest. children; $266 million cut from the Safe lion dollars. CATALINA B. MONTES, Ed. D., and Drug-Free School Program; affect- Then they continue this dangerous Principal. ing 23 million kids. and chaotic policy of haphazardly pass- And all funding for summer youth ing CR after CR, all of which cut des- BOSTON CITY HALL, jobs would be cut, leaving half a mil- perately needed funds for education, Boston, MA, December 14, 1995. lion American teenagers with nothing technology and crime programs, the Hon. JOHN F. KERRY, to do this summer. environment, and the list goes on and Russell Senate Office Building, Washington, In my State of Connecticut, $9 mil- on. DC. DEAR SENATOR KERRY: I am writing to lion in Federal education funding will Now, realizing the folly of their alert you to an urgent situation facing eco- be lost. And most of those cuts come in ways, realizing that the American peo- nomically disadvantaged youth next sum- the title I program, which provides re- ple don’t want these draconian spend- mer—the elimination of the federally-funded medial education for thousands of Con- ing cuts, realizing that they cannot summer jobs program for 1996. necticut’s poorest and most disadvan- blackmail President Clinton into ac- As you may know, funding for the Summer taged children. cepting their demands, the majority Youth Employment & Training Program These cuts make it near impossible party proposes to restore a fraction of (JTPA-IIB) was eliminated in both the Sen- for schools and colleges across this education funding—that is conditional ate and House Appropriations Bills for 1996, on cutting money for essential pro- while the new workforce development legis- country to plan ahead. lation will go into effect at the earliest on School districts do not know how grams that serve America’s youngest June 1st, 1997. This situation leaves the sum- many new teachers or new aides to and oldest citizens. mer program unfunded in 1996. hire. Educators are faced with appall- This is a foolhardy and dangerous ap- Your strong support has helped counter ef- ing choices—which programs and what proach, particularly in the face of ear- forts to reduce and eliminate the summer children will receive meager Federal lier budget agreements, passed in a bi- youth program in the past, and again your benefits. partisan manner, to protect education help is needed to preserve this important op- And all this comes at a time when as a national priority. portunity for young people. All Americans can agree on the enor- In Boston, as across the nation, the JTPA public schools are making real progress in solving the myriad problems that mous importance of education for the IIB program provides constructive activities future of our children, our families, for young people and keeps them from idling face them; at a time when a good edu- in the streets during the hot summer cation is more essential than ever to and our country. In fact, a recent Gallup Poll showed months. Through the program, thousands of guarantee our children the ability to 75 percent of Americans support ex- young people gain work experience, build compete in the global economy. academic and employment skills, and earn panding Federal aid for education. But instead of increasing funding, or We must draw a line against these money through service at neighborhood- at the least, maintaining current lev- based community organizations and down- cuts in education and give our children town government agencies. els, this Congress is intent on pulling the educational opportunity they need The program also includes specialized the rug out from underneath America’s to succeed. units emphasizing life skills, academics and children. Mr. KERREY. Mr. President, I rise as the arts, and tailored efforts for young peo- This CR would wreak severe havoc on a cosponsor of the Daschle-Harkin ple with special needs, including employ- America’s schools, on America’s edu- amendment. This amendment adds ment for deaf/hard of hearing youth; English cation programs, and most of all on as A Second Language instruction for ref- back $3.1 billion for vital education America’s children. programs such as title I, Head Start, ugee-immigrant youth; and counseling for This is no way to run the Govern- court-involved youth. School-to-Work, and Education Tech- Operated by Action for Boston Community ment and this is no way to balance the nology. Development, Inc. over the past three dec- budget. I have often said that children will do ades, the program has provided thousands of CUTS ARE NOT BACKED UP WITH REAL MONEY as we do and not as we say. If we want low-income youth with their first work expe- To add insult to injury, while the our children to value learning and dis- riences and has strengthened hundreds of majority party claims they are adding covery, we just value them as well and community-based organizations throughout back funds for education, there is little demonstrate by our actions here in the our neighborhoods. Over the past few years, the integration of education into the pro- real money in these appropriations. Senate that we are willing to invest in gram has reinforced the connection between These add backs are conditional on their education and their futures by school and work that has been missing from the Congress and the President agree- providing the money necessary to en- the academic experience of so many of our ing on future cuts in Medicare and sure a quality learning experience for young people. Medicaid and other essential programs; all our children.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1806 CONGRESSIONAL RECORD — SENATE March 12, 1996 Recent polls show that education is a Mr. JEFFORDS addressed the Chair. we are considering. The simple way to national priority among all Americans. The PRESIDING OFFICER. The Sen- get out of the mess is to vote for clo- These polls reflect what I have been ator from Vermont is recognized. ture, and to get the DC bill out so we hearing from Nebraskans—that Ameri- Mr. JEFFORDS. Mr. President, I do not have to have the fight within cans want their tax dollars to go to a have listened very carefully to the very the comprehensive package which is strong education system—a system eloquent statements of my colleagues facing us today. that will work for all its citizens. They on the other side of the aisle with re- So, Mr. President, I again urge all of are willing to spend more if they get spect to education. There is nothing my colleagues to support the cloture more for their money. We must be will- that I disagree with. motion which we will be voting on as ing to invest in education and spear- I ask my colleagues on the other side soon as we come out of our weekly head a national commitment to of the aisle to remember that the first Tuesday luncheons. achieve results in every school, rich vote this afternoon will move us from Mr. President, I yield the floor. Mr. and poor. the macro responsibilities we have President, I suggest the absence of a As I examine the programs that will with respect to education to the micro quorum. receive additional funding under this responsibility we have for the District The PRESIDING OFFICER. The amendment, I am struck by the fact of Columbia. I hope when the fourth clerk will call the roll. that these dollars will be providing op- cloture vote comes up, on the D.C. ap- The legislative clerk proceeded to portunities for our young people to do propriations bill, that my colleagues call the roll. Mr. GREGG. Mr. President, I ask exactly what we all as parents admon- on the other side of the aisle will re- unanimous consent that the order for ish them to do—prepare themselves to member their responsibilities to the education of the children of Wash- the quorum call be rescinded. live meaningful and productive lives. The PRESIDING OFFICER. Without ington, DC, and will express that same Under this amendment, we add back objection, it is so ordered. money to Head Start to enable our compassion and vote for cloture so that Mr. GREGG. Mr. President, I want to youngest citizens to enter school pre- we can move that conference report, speak briefly—about 10 minutes—about pared to learn; to title I to allow our which will do so much for the children where we are on this piece of legisla- economically disadvantaged youth the of Washington, DC, on to the Presi- tion, and then later in the day I will be opportunities afforded more affluent dent. offering an amendment relative to the students; to vocational, school-to-work I want to remind everyone that we amendment offered by the Democratic and summer jobs for youth programs to are coming to a crisis point. First of all leader. train, and educate our young people for with respect to the budget of the Dis- We have heard a great deal of discus- the future workplace; and to tech- trict of Columbia as they are fast ap- sion from the other side of the aisle. nology programs such as STAR schools proaching the point of bankruptcy, and We have heard from both Senators to provide exciting resources for all our will reach it very quickly, if we do not from Massachusetts, from the Senator students regardless of geographical pass that bill. That bill is locked up be- from Minnesota, and I believe the Sen- limitations. cause we are arguing about a small ator from Michigan. There must be All of these programs are vital to my provision included in the conference something about States that start with State of Nebraska, as they are in agreement that deals with education the letter M. But we have heard a great States throughout our country. I hear on a very controversial issue. But one deal from the other side of the aisle daily from Nebraskans who are con- which has been worked out between the about how, if we do not proceed on this cerned about the cuts to education House and Senate conferees which al- course, if we do not add in this addi- being considered by Congress. They un- lows the District of Columbia, if they tional $3 billion-plus into—I guess it derstand the serious budget consider- so desire, to have a very small voucher may be more than that—education, ations with which we are faced. How- program for the purposes of allowing that all sorts of disaster and plague ever, they urge us to set our priorities kids to have an option of the school will occur with the educational system in much the same way they prioritize that they will attend. It is done in a of the United States. their own budgets, and to secure our way that is only a local decision. It is One must ask the question, how can future by investing in our youth. not anything which has been charac- that sort of representation be made in To those who argue that money will terized on the other side as shoving it light of the history of the educational not solve our schools’ problems, I will down the throats of the people of DC. experience over the last 15 to 20 years? counter that we should put real money So I urge you to keep in mind that We know, I think, as a country because on the line here, not just spare change. we have this responsibility and that we we have seen—and we have had enough It is past time for us to stop wishing are now over halfway through the experience with it now over the last 15 our schools get better and start doing school year. If we do not do something to 20 years—that putting more into something about it. We are losing too quickly, we will lose the whole school education is not necessarily the way to many of our young people of all eco- year. In fact, we will be into the next resolve the underlying problem in edu- nomic backgrounds to drugs, despair, school year as far as planning goes and cation. Yet, there is no question that and underachievement. We must be the inability to really enact anything more money in some instances signifi- willing to invest in education just as which will help those kids. cantly improves education. Take, for we have been willing to invest in our So I urge you to use compassion and example, title 94–142, the IDA accounts national defense when our Nation’s se- express it today in the vote for the Dis- for handicapped disability education. curity has been at stake, because in a trict of Columbia in order for those Yes, there is no question, to put more very real sense, our national security young people to get the tremendous ad- money into those accounts would cer- is at stake here. vantages that will occur by virtue of tainly assist us in helping those indi- Mr. President, as is so often the case the reform which is contained in that viduals to be educated. It would take when we are fighting for increased package. Do not deny the city the op- the pressure off our local school sys- funding for discretionary programs portunity to start its education reform tems. Later in the day maybe I will such as these, it is becoming more and over one issue which has become a na- even offer an amendment that will try more difficult to secure the dollars tional symbol, for what reason I do not to address that. necessary to make a difference. I am know because it has nothing to do with But the concept generally of putting convinced that unless we are willing to what would be a federally-imposed more dollars into education will im- commit to reforming our entitlement voucher system on a community, or a prove education is, I think, one that system, we will be unable to ade- State, or the country. has been fundamentally disproved. quately fund vital education programs I urge you, please, when that vote There is study after study. In fact, the such as these. comes up, vote for cloture today. Oth- University of Rochester reviewed some- I urge my colleagues to support the erwise, we are going to find ourselves thing like over 400 different studies and Daschle-Harkin amendment. By doing embroiled in even a greater conflict concluded after looking at those 400 so, we will demonstrate our commit- over the same DC appropriations bill in different studies that there is very lit- ment to our children and their future. the large omnibus appropriations bill tle correlation between the significant

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1807 increase in dollars spent on education age this country in a much more effi- problem and not being willing to ad- and the improvement in education. cient way, which begs the fundamental dress that problem or wishing to use If we look at the academic perform- question of, who is going to pay for all the politics of fear and scare tactics ance of our students over the last 10 to this that is being spent? Who is going against senior citizens in alleging that 15 years, where we have seen a signifi- to pay for all these additional dollars any proposal to address fundamentally cant decline in our students’ ability to that are being spent? the improvement in Medicare is a pro- score well in internationally evaluated I would be willing to consider the posal to undermine the quality of exams, especially in the math-science amendment brought forward by the Medicare. It is totally inappropriate area, while at the same time we have Senator from South Dakota, the Demo- for the administration and the other seen a significant increase in dollars in cratic leader, if he and his party and side of the aisle to say that. education, I think we must conclude his President at the same time had the So where are the proposals from the that there is very little direct correla- responsibility to come forward and say, other side which would bring under tion between the amount of money you well, we are going to pay for this by control that function of the Federal spend and the type of education you controlling those discretionary ac- Government which is going up at such get. Yes, there is a correlation, but it counts in the Federal Government a rate that it is leading the Nation into is not a formula that says 1 equals 1— which are driving us into these tight bankruptcy and is forcing us to have to for every new dollar you spend in edu- fiscal times. I would be willing to con- limit our capacity to put funds into cation you get an equal increase in sider it under those terms. But we hear those accounts which many of us feel quality. In fact, the formula for in- nothing from the other side. In fact, we we might like to do such as special creasing and improving education is have heard a rejection from the other education in the area of IDA, 94–142, or much more complex than that, and it side of any attempt to try to bring chapter 1, which is also a good pro- involves, I think, primarily maintain- under control those functions of the gram. Where is the other side in com- ing individual and parental involve- Federal Government, specifically the ing forward with proposals on the enti- ment in education, maintaining local entitlement programs, which are forc- tlement accounts, because until they control over education, especially at ing us to contract our ability to spend come forward with proposals on the en- the principal level and at the teacher moneys in the area of education that titlement accounts, they have no credi- level, with parent input, and allowing we might otherwise wish to spend. In bility on this issue. the school systems to have an activist fact, the irresponsibility of the other When they bring forward an amend- approach from the community rather side is so excessive now that you have ment which simply says spend the than have them told how to educate the President of the United States, money and uses some fallacious offsets, their children by either the State gov- having once agreed to welfare reform, when they bring forward such an ernment or the Federal Government. which is one of the core entitlements amendment and at the same time fail Buried within this amendment is the which we should be getting under con- consistently to address the underlying funding, of course, for Goals 2000, trol, now rejecting a plan which was problem which is driving the fact that which takes us in exactly the opposite passed out of this Congress, this House we do not have the resources necessary direction from local control, the basic of the Congress by 87 votes in favor of to address accounts which we think are theory of Goals 2000 being that there it. While the President at the same appropriate in the discretionary side of should be a national agenda, a national time has claimed that this was going the budget because of the rate of curriculum in fact designed to control to be the essence of his Presidency, or growth of entitlements, then they have the manner in which local education is an essence of his Presidency, that he no credibility. delivered and which as a practical mat- would reform welfare as we know it, That is what I find disingenuous in ter would probably be the most single change it fundamentally, now he has the arguments from the Senators from debilitating event in the panoply of de- rejected a plan which once he accepted Massachusetts, Minnesota, and Michi- bilitating events that have impacted and which the Senate accepted by an gan because there appears to be no pro- our education system were it carried to 87-vote majority. gram that they are not willing to spend its true goals and fruition, which is ba- Then we have the same administra- more money on, but there appears to sically to have a nationalization of the tion and the leadership on the other be no proposals to bring under control education curriculum in this country. side of the aisle rejecting a plan those programs which are bankrupting So not only do we not necessarily get brought forward by the Governors of this Government and our children’s fu- better education by spending more dol- the States, all 50 Governors in unison, ture, which is what it comes down to as lars in some instances, but in this in- saying let us use this as a way to bring the bottom line, of course. Passing on stance by spending more dollars we get under control this entitlement pro- to our children a finer education is worse education because what we are gram, welfare. They are rejecting that something we all wish to do. There are going to get is more Federal control program. And then when the Governors ways to improve our educational sys- over education and the loss of local came forward as a unified body, all 50 tem, and money does not happen to be control which is, I happen to think, the Governors, Democrats and Repub- the only way to do that. But there are essence of good education. licans, and said let us correct the enti- things we could do here at the Federal But the real core problem here is not tlement program, Medicaid, once again Government level that would obviously the application of these dollars. It is we hear from the other side of the improve our children’s educational sys- the illogic of putting forward the in- aisle, no, we cannot do that because we tem. But passing on to our children a crease in these dollars while at the will be giving up control here in Wash- better education system is going to do same time being unwilling to face up to ington; we will be giving it back to the very little good for them if at the same the underlying threat to our students Governors; we cannot afford to do that time we pass on to them a Nation that which far exceeds anything else that so we are not going to correct that. is bankrupt, where their opportunities they may be threatened by relative to When you have the trustees of the for prosperity are dramatically limited their future which is the deficit of this Medicare trust fund coming forward because their Government was irre- country and the fact that we are pass- and saying, if you continue to spend sponsible and unwilling to address the ing on to the next generation of Ameri- money the way you are spending core problems of expenditures growing cans who are today in school a Nation money today, the Medicare trust fund so fast that they were outstripping the which is fiscally bankrupt. is going to go bankrupt in the year country’s capacity to fund them, such We hear from the other side that, 2002—now it is going to be bankrupt in as the entitlement programs of Medi- well, if we will just put more money the year 2001—trustees who were ap- care, welfare, and Medicaid. into that program and more money, pointed by the President of the United So when the other side comes for- and give me another program and put States who serve in his Cabinet, you ward with these proposals, I think you more money into that program, and have the President of the United States have to take them with a grain of salt. give me another program and put more and the other side of the body walking You have to recognize that this is an money into that program, we will cor- away from that issue as if it does not election year; that they are going to rect all the ills of our society and man- exist, either turning a blind eye to that continue to propose ideas to spend

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1808 CONGRESSIONAL RECORD — SENATE March 12, 1996 money without being accountable until [Rollcall Vote No. 25 Leg.] Campbell Grassley Murkowski Chafee Gregg they feel that they have identified all YEAS—56 Nickles Coats Hatch Pressler constituencies necessary to build the Abraham Faircloth Lugar Cochran Hatfield Roth voting majority. But I hope the Amer- Ashcroft Frist Mack Cohen Helms Santorum ican people will be a little more sophis- Bennett Gorton McCain Coverdell Hutchison Shelby Bond Gramm Craig Inhofe ticated; that they will understand this McConnell Simpson Bradley Grams Murkowski D’Amato Jeffords Smith Breaux Grassley DeWine Kassebaum issue is about how you make the Fed- Nickles Snowe Brown Gregg Dole Kempthorne eral Government responsible, how you Pressler Specter Burns Hatch Domenici Kyl Roth Stevens pass on to our children not only excel- Byrd Hatfield Faircloth Lott Santorum lent education but a chance for a pros- Campbell Helms Frist Lugar Thomas Shelby perous and fulfilling lifestyle, and that Coats Hutchison Gorton Mack Thompson Simpson Thurmond that second part of the exercise in- Cochran Inhofe Gramm McCain Cohen Jeffords Smith Grams McConnell Warner volves addressing the issues of how this Coverdell Johnston Snowe Government spends its money in the Craig Kassebaum Stevens NAYS—47 entitlement accounts, something about D’Amato Kempthorne Thomas Akaka Feinstein Lieberman Thompson which, unfortunately, the other side of DeWine Kyl Baucus Ford Mikulski Dole Lieberman Thurmond Biden Glenn Moseley-Braun the aisle has decided to bury its head Domenici Lott Warner Bingaman Graham Moynihan in the sand and the President of the Boxer Harkin NAYS—44 Murray United States has decided to join them. Bradley Heflin Nunn I thank the Chair for his courtesy. I Akaka Ford Moseley-Braun Breaux Hollings Pell Baucus Glenn Moynihan Bryan Inouye Pryor note the absence of a quorum. Bumpers Johnston Biden Graham Murray Reid Byrd Kennedy The PRESIDING OFFICER. Will the Bingaman Harkin Nunn Robb Boxer Heflin Conrad Kerrey Senator withhold that suggestion? Pell Rockefeller Bryan Hollings Pryor Daschle Kerry Mr. GREGG. Yes. Dodd Kohl Sarbanes Bumpers Inouye Reid The PRESIDING OFFICER. Does the Dorgan Lautenberg Simon Chafee Kennedy Robb Conrad Kerrey Exon Leahy Wellstone Senator yield the floor? Rockefeller Daschle Kerry Feingold Levin Wyden Mr. GREGG. I withdraw my sugges- Sarbanes Dodd Kohl Simon The PRESIDING OFFICER. On this tion. Dorgan Lautenberg f Exon Leahy Specter vote, the yeas are 53 and the nays are Feingold Levin Wellstone 47. Three-fifths of the Senators duly RECESS Feinstein Mikulski Wyden chosen and sworn not having voted in The PRESIDING OFFICER. Under The PRESIDING OFFICER. On this the affirmative, the motion is rejected. the previous order, the hour of 12:30 vote, the yeas are 56, the nays are 44. Mr. D’AMATO addressed the Chair. having arrived, the Senate will now Three-fifths of the Senators not having The PRESIDING OFFICER. The Sen- stand in recess until 2:15 p.m. today. voted in the affirmative, the motion is ator from New York. Thereupon, at 12:29 p.m., the Senate rejected. Mr. D’AMATO. Mr. President, I ask recessed until 2:15 p.m.; whereupon, the unanimous consent that I might be Senate reassembled when called to f permitted to speak for up to 5 minutes. order by the Presiding Officer [Mr. The PRESIDING OFFICER. Without WHITEWATER DEVELOPMENT objection, it is so ordered. COATS). CORP. AND RELATED MATTERS— Mr. D’AMATO. Mr. President, today f MOTION TO PROCEED we have seen what is the first of prob- DISTRICT OF COLUMBIA APPRO- CLOTURE MOTION ably a number of votes to attempt to PRIATIONS ACT, 1996—CON- The PRESIDING OFFICER. Under curtail the filibuster against moving FERENCE REPORT rule XXII, the clerk will now report the forward with the Whitewater investiga- tion. CLOTURE MOTION motion to invoke cloture on the mo- tion to proceed to Senate Resolution Let us be clear and set the record The PRESIDING OFFICER. The straight. I have offered publicly, and I clerk will report the motion to invoke 227. The legislative clerk read as follows: offer again on the Senate floor, an op- cloture on the conference report to ac- portunity to answer the question of CLOTURE MOTION company H.R. 2546, the DC appropria- whether or not the committee is look- tions bill. We, the undersigned Senators, in accord- ing to continue the investigation into The legislative clerk read as follows: ance with the provisions of rule XXII of the the political season and to do so by in- CLOTURE MOTION Standing Rules of the Senate, do hereby move to bring to a close debate on the mo- corporating an indefinite time agree- We, the undersigned Senators, in accord- tion to proceed to Senate Resolution 227, re- ment. I can state, we are willing to ance with the provisions of rule XXII of the garding the Whitewater extension: limit—not that I am happy about it— Standing Rules of the Senate, do hereby Alfonse D’Amato, Trent Lott, Jesse since the setting of arbitrary time lim- move to bring to a close debate on the con- Helms, Phil Gramm, Judd Gregg, Dirk ference report to accompany H.R. 2546, the its, as stated by the former Democratic Kempthorne, Strom Thurmond, Jim D.C. Appropriations bill: majority leader, Senator Mitchell, is a Jeffords, Olympia Snowe, Bob Smith, Bob Dole, Trent Lott, Jesse Helms, Phil mistake. Senator Mitchell came to this Dan Coats, Larry E. Craig, John Gramm, Judd Gregg, Dirk Kempthorne, conclusion to prevent the possibility of Ashcroft, Thad Cochran, Jon Kyl, R. F. Strom Thurmond, Olympia Snow, Bob Bennett. lawyers from stalling and keeping mat- Smith, Dan Coats, Larry E. Craig, John ters from coming forth. However, rec- Ashcroft, Thad Cochran, Jon Kyl, Mark The PRESIDING OFFICER. The ognizing that we are in a unique situa- Hatfield, Robert F. Bennett. question is, Is it the sense of the Sen- tion, this Senator has indicated before VOTE ate that debate be brought to a close? and I indicate publicly now that we The PRESIDING OFFICER. The The yeas and nays were ordered under would be willing to terminate the com- question is, Is it the sense of the Sen- rule XXII. mittee’s work, even if it is not finished, ate that debate on the conference re- The clerk will call the roll. within 4 months. It will take us, I be- port to accompany H.R. 2546 be brought The bill clerk called the roll. lieve, at least that period of time since to a close? The yeas and nays are or- The PRESIDING OFFICER. Are there there is a trial which is taking place dered under rule XXII, and the clerk any other Senators in the Chamber de- right now in Little Rock, AR. There will call the roll. siring to vote? are witnesses who are unavailable to us The legislative clerk called the roll. The yeas and nays resulted—yeas 53, who are testifying there. I believe that The PRESIDING OFFICER. Are there nays 47, as follows: their presence, at least the opportunity any other Senators in the Chamber de- [Rollcall Vote No. 26 Leg.] to attempt to bring them forward, is siring to vote? YEAS—53 important. The yeas and nays resulted—yeas 56, Abraham Bennett Brown Mr. President, let me quote some- nays 44, as follows: Ashcroft Bond Burns thing. Let me read it to you.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1809 No arguments about politics on either side or to either political party or to the just put forward, the 4-month proposal, can outweigh the fact that the White House process. is virtually the equivalent of an indefi- has yet to reveal the full facts about the Once again, I lay forth the oppor- nite time period. I think there needs to land venture, the Clintons’ relationship with tunity to settle this so that we do not be some reasonableness here, and I Mr. McDougal’s banking activities, Hillary Rodham Clinton’s work as a lawyer on have to have speeches and debates and think the reasonableness was reflected Whitewater matters, and the mysterious say that we can conclude the commit- in the proposal put forward by Senator movements of documents between the Rose tee’s work in 4 months. DASCHLE, the minority leader, which Law Firm, various basements and closets, Mr. President, I yield the floor. would have provided that the com- and the Executive Mansion. The committee, Mr. SPECTER addressed the Chair. mittee could continue its work into politics notwithstanding, has earned an in- The PRESIDING OFFICER. The ma- early April and have a month after definite extension. A Democratic filibuster jority manager of the bill is recog- that in order to do its report. against it would be silly stonewalling. nized. Now newspapers across the country That is what we have seen today. Mr. SPECTER. I thank the Chair. are beginning to editorialize about this Every single Democrat came in here Mr. President, I have sought recogni- matter. These are newspapers ‘‘outside and voted to stonewall at the direction tion to outline a second-degree amend- of the beltway’’ raising questions. For of the White House. ment which will be offered—— instance, the Tulsa paper says: Let us not make any mistakes about Mr. DODD. Will my colleague yield How far must taxpayers go? How much who is calling the shots here. It is the at this point? Can we get 5 minutes to must they pay to keep this charade going? White House. Now, that is not a state- respond, on this matter that has been The vote in the Senate to extend the inves- ment in terms of the stonewalling or raised for the purpose of debate, for the tigation probably will be along party lines. If being silly. That is a quote from the it does, the extra $650,000 should come from ranking minority member, appropriate the coffers of the Republican party, not from New York Times—the New York to give him a chance to respond to Sen- the taxpayers. It is the Republicans, not the Times. They are certainly not an organ ator D’AMATO? taxpayers, who stand to benefit. The White- or a mouthpiece of the Republican Mr. SPECTER. I would yield for that water probe is shaping up to be the longest, Party. purpose on a unanimous-consent re- most costly fishing trip in American history. Let me quote today’s Washington quest that when the response is con- These are not my words. I am now Post—today’s Washington Post: cluded I be recognized. quoting what is being said out across Lawmakers and the public have a legiti- The PRESIDING OFFICER. Without the country. Of course, what that does, mate interest in getting answers to the objection, it is so ordered. The Senator it substantiates the observation I made many questions that prompted the investiga- from Maryland is recognized for 5 min- that if this thing is prolonged through tion in the first place and those that have utes. the election year, it will be increas- been raised in the course of it by the conduct Mr. SARBANES. I thank the Chair. ingly perceived as a political endeavor of many administration witnesses . . . If Mr. President, I am going to be very and it will lose its credibility as a con- Democrats think that stalling or stonewalling will make Whitewater go away, brief. sequence, or even further lose its credi- they are badly mistaken. The probe is not It would be expected that the asser- bility. over, whether they try to call it off or not. tions would be made that have just The Milwaukee paper said: Now, that is the Washington Post been made. The fact is that Senator Last week, Senator Moseley-Braun asked a today, certainly not a mouthpiece of DASCHLE offered a perfectly reasonable good question of Senator D’Amato, chairman proposal with respect to this inquiry of the Senate committee that is inves- the Republican Party. tigating the Whitewater affair. Could these Let me read to you from the current dealing with Whitewater, and that was to provide an extension into early hearings, she asked wearily, go on into per- issue of Time magazine, just a small petuity? Although D’Amato was really at a April. The inquiry was supposed to end part. loss for words, he could not provide a satis- at the end of February. That was pro- The question of whether specific laws were factory answer to that question, but some- broken should not obscure the broader issue vided for in the resolution which the body should. that makes Whitewater an important story. Senate passed. The reason that was They then go on to make the point How Bill and Hillary Clinton handled what done was in order to keep this inquiry that this thing has been dragged on was their single largest investment says out of the election year so it would not long enough. much about their character and integrity. It be subject to a public perception that The Sacramento Bee headline said, shows how they reacted to power, both in it was being carried on for political ‘‘Enough of Whitewater.’’ their quest for it and their wielding of it. It reasons. Senator Alfonse D’Amato, the chairman of shows their willingness to hold themselves Now, that concern paralleled a con- the Senate Whitewater Committee and to the same standards everyone else must— cern that was expressed by the Repub- chairman of Senator Bob Dole’s Presidential whether in meeting a bank’s conditions for a campaign in New York, wants to extend his loan, taking responsibility for their savings, lican leader, Senator DOLE, in 1987, hearings indefinitely, at least one presumes investments and taxes, or cooperating with when the Iran-Contra inquiry was un- until after the November elections. In this Federal regulators. Perhaps most important, dertaken. That was in a Congress con- case, the Democrats have the best of the ar- it shows whether they have spoken the truth trolled by Democrats. It was an inquiry gument by a country mile. With every pass- on a subject of legitimate concern to the into the activities of a Republican ad- ing day, the hearings have looked more like American people. ministration. There were Democrats a fishing expedition in the Dead Sea. That was written by James Stewart, who wanted to carry it on indefinitely Now, Senator DASCHLE, I thought, a Pulitzer Prize winning journalist. Mr. through the election year. Senator made a very accommodating proposal. Stewart has just written a major book, DOLE, at that time the minority leader, There has been nothing back from the ‘‘Blood Sport,’’ about the Clintons’ in- was very insistent that it would have a other side to which one can attach the vestment in Whitewater. fixed timeframe that would keep it out rubric of reasonableness. It seems clear I come right back to the final ques- of the election period. The Democratic to me that as long as they continue to tion: What are my friends afraid of? Senate responded to that and, in effect, press for an indefinite period or some- What is the White House afraid of? agreed that the inquiry would be thing that is virtually equivalent to it, Why are they reluctant to allow the brought to an end in the latter part—in we ought to resist it because it simply committee to conclude its work? What fact, in the fall—of 1987, and later we makes it more transparent that this is are they hiding from the American peo- moved that date up in order to keep it a political exercise. ple? even more out of the election year. Mr. DODD. Will my colleague yield? I believe that the American people Now, Senate Resolution 120 provides Mr. SARBANES. Certainly. have a right to these answers. No that the two leaders should get to- The PRESIDING OFFICER. The Sen- amount of criticism as it relates to gether and discuss any proposal for ex- ator’s time—— what the committee has done to date tending the committee, and I think Mr. DODD. Mr. President, might I will obfuscate the fact that they are that ought to be done. ask unanimous consent for 2 additional continuing to stonewall. It is not silly. The proposal before us is for an in- minutes? It is incorrigible. It is wrong. And it definite time period. The proposal The PRESIDING OFFICER. Without does not bring credit to this institution which my colleague from New York has objection, it is so ordered.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1810 CONGRESSIONAL RECORD — SENATE March 12, 1996 Mr. DODD. Mr. President, I will seek and resolve this matter so we can get that they have to pay for—another the floor in my own right. I wish to the work done and not allow it to spill high priority also second to none. just make a comment here in respond- over into the campaign. These are very top priorities. ing to the suggestion of our colleague I thank my colleague from Pennsyl- What we are submitting is an amend- from New York that the Democrats vania for providing us some time. ment in the second degree which will here voted against an open-ended The PRESIDING OFFICER. Who provide additional funding for edu- $600,000 appropriation hearing process yields time? cation, Head Start and job-related because of the White House pulling Mr. SPECTER addressed the Chair. issues. strings. No one suggested that our Re- The PRESIDING OFFICER. The ma- We have heard from many, many publican friends who voted unani- jority manager of the bill is recog- mayors and many, many commis- mously to continue this were somehow nized. sioners in local government. A com- having strings pulled at all, nor would Mr. SPECTER. I thank the Chair. ment was made this morning about I make that suggestion. Mr. President, as I had started to say summer jobs being a very important But certainly the fact that at this earlier before yielding to my distin- anticrime program, which is widely juncture we find ourselves in a stale- guished friend from Connecticut, I did recognized, not really disputed at all. mate ought to suggest, particularly not know he was going to mention This amendment would add $635 mil- when you consider it was only a few Ruby Ridge, or I might not have yield- lion for Summer Youth Employment short months ago that this body voted ed to him. What is wrong with Ruby Programs in the Department of Labor, almost unanimously for these hearings Ridge? a high priority item. to be conducted—this was not a par- Mr. DODD. I just say to my col- We are adding $333 million in addi- tisan issue. As in most cases, it was bi- league, I think there is a value in hav- tional funds for the Dislocated Worker partisan to get this underway. It was ing those hearings. My colleague did a Retraining Program, which brings the almost unanimous, I believe. good job. My point is, if you do it to total to $1.2 billion, a very, very impor- Mr. SARBANES. Ninety-six to three. the exclusion of other hearings, then it tant item in an era where there is so Mr. DODD. Ninety-six to three, in seems to me we are off on the wrong much downsizing, where we have seen fact, for the resolution to terminate track. My colleague did a good job. so many layoffs, we have seen so much the hearings, to call for the termi- Mr. SPECTER. I thank my colleague anxiety in America, and people in the nation on February 29. It is unfortu- for that comment. prime of their working lives losing their jobs which they have held for 10, nate we have come to this where you f have a request unprecedented in the 15, 20, 30 years but still with many good BALANCED BUDGET annals of Congress—unprecedented, Mr. years ahead of them. So the Dislocated DOWNPAYMENT ACT, II President—for an open-ended hearing Worker Retraining Program will have with an additional $600,000. That brings The Senate continued with the con- that additional funding which also im- the pricetag of this investigation to in sideration of the bill. pacts upon base closures, something excess of $30 million in this country. Mr. SPECTER. Mr. President, as I which is very important to my State That is the reason people are upset, said, I had sought recognition to talk and very important all over the coun- frankly, that kind of open-ended appro- about a second-degree amendment, try. We are adding $182 million in addi- priation, no end in sight and, of course, which shortly will be offered on behalf tional funds for the School-to-Work no substantiation of any unethical or of myself and Senator HARKIN, which Program jointly administered by the illegal behavior. When you add that to has been crafted very carefully after Departments of Labor and Education. the fact that we have had virtually no very, very extensive discussions among This brings the School-to-Work Pro- hearings occurring on major issues af- many parties. I thank the distin- guished chairman of the committee, gram to a total of $372 million. fecting people’s lives in this country, We are adding $137 million to restore and I thank the distinguished chair- like Medicare, Medicaid—we are going fully the Head Start Program for the man of the Budget Committee, Senator to have an extensive debate on edu- 1995 level. We will be adding $60 million DOMENICI, for his cooperation. I cation today; we are going to be cut- in additional funds for the Goals 2000 thought we might save some time by ting $3 billion in education programs— program, bringing the total in the bill talking about the amendment for a few there were hardly three or four hear- to $350 million. This is a matter which minutes while some final language ings on all of education, as the Pre- has produced some controversy, but I change is being incorporated to accom- siding Officer knows. think that ultimately we may be in a Yet, we had 50 hearings on White modate some concerns which have aris- position to eliminate strings so that we water and 10 or 12 hearings on Waco en. do not have the objection of too much and Ruby Ridge and almost none on There had been extensive discussion Federal intervention and too much education, none on Medicare, none on yesterday and today—I did not hear it Federal control. health, and you want to know why peo- yesterday because I was traveling in I personally believe that education ple are angry? That is why they are my home State of Pennsylvania—but I ought to be left to the local level, but angry in this country. heard the discussion this morning the idea of standards and goals is one We spoke up and said, ‘‘Look, 5 about the need for education. I think which has great merit. Those standards weeks, $185,000.’’ That is plenty of time there is a consensus in America about and goals can be figured out at the to complete this process. We are not the importance of education, about the local level; they do not need to come saying stop it today. We are saying priority of education and about our from Washington. take another 5 weeks and wrap up the doing everything we possibly can to The Secretary of Education has testi- business of this committee. That is a stretch Federal dollars as far as we can fied of his willingness on behalf of the reasonable, reasonable proposal, and I along the education line. I know that is administration to give up some of the think it is regrettable we have a posi- something the distinguished Presiding bureaucracy and some of the councils. tion taken of 4 months now which Officer, the Senator from Vermont, Last September, the subcommittee had takes us virtually into September— feels very strongly about. a hearing on Goals 2000, where we lis- when we eliminate the August recess— What we have done is structured an tened to people who were opposed to September, October, a handful of days amendment with offsets, where we pre- the program and might even be able to before the election. serve the balanced budget so that we strike an accommodation of the dis- It is patently political. It is so trans- do not encumber future generations parate points of view by eliminating parently political that an infant can with more deficit spending. The some of the Federal strings. Perhaps if see through it, and most of the Amer- amendment, while raising funds for the States do not wish to take Goals ican people have. That is why we object education, job training, and head start, 2000 money, as some have so stated, to this request of an open-ended pro- which is a very high priority, obvi- that the funds might go directly to the posal with $600,000. I hope that the ma- ously, second to none—but it also is local level. jority Members, at least some of them, offset so as not to encumber future We will be adding $814.5 billion in ad- will step forward and offer to sit down generations with our spending money ditional funds for title I Compensatory

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1811 Education for the Disadvantaged Pro- AMENDMENT NO. 3473 TO AMENDMENT NO. 3467 got to see. I missed the last game be- gram, bringing the total to $7.3 billion. (Purpose: To revise provisions with respect cause I was not there for it, but it is This is a very, very healthy, substan- to the Departments of Labor, Health and my alma mater, West Des Moines tial contribution to that very impor- Human Services, and Education) Dowling girls, who won the State tant program. Mr. SPECTER. Mr. President, on be- championship in class 4A. half of Senator HARKIN and myself, I We will add $200 million to the Drug So I just want to say to all the teams send this second-degree amendment to Free Schools Program, bringing the that competed in the tournament, con- the desk. total in the bill to $400 million. We gratulations on your accomplishments, The PRESIDING OFFICER. The would have liked more, but that is a and to the winners, congratulations on clerk will report. very substantial increase. winning. The bill clerk read as follows: I might add, this week the best high And $10 million in additional funds The Senator from Pennsylvania [Mr. SPEC- school boys basketball teams make has been added for the educational TER] for himself and Mr. HARKIN, proposes their annual trek to Des Moines for the technology program, bringing the total amendment numbered 3473 to Amendment final winner tournaments for the boys in the bill to $35 million; $82.5 million No. 3467. basketball games. So, again, there is a in additional funds for vocational edu- Mr. SPECTER. Mr. President, I ask lot of anxiety in the State right now cational basic grants, bringing the unanimous consent that further read- about who is going to win and who is total in back to last year’s level. ing of the amendment be dispensed going to lose. If the Chair will indulge me for one with. But I must say, Mr. President, the moment, I have an additional item The PRESIDING OFFICER. Without anxiety extends well beyond the gym- which I would like to comment upon. objection, it is so ordered. nasium. In school after school in Iowa (The text of the amendment is print- We have added an additional $32 mil- and across this country, school admin- ed in today’s RECORD under ‘‘Amend- lion in State student incentive grants istrators and school boards are wor- ments Submitted.’’) rying about which teachers will lose program and with respect to the Per- Mr. SPECTER. A summary has been kins loans, an additional $58 million their jobs and which students will not given. I now yield to my distinguished get title I reading assistance. They are has been added, bringing the total to colleague from Iowa. $158 million. We have worked this out contemplating what vocational edu- Mr. HARKIN addressed the Chair. cation activities will go by the wayside as we have proceeded to try to get all The PRESIDING OFFICER. The mi- of these items in order, Mr. President. and how to deal with the cuts for the nority manager is recognized. safe and drug-free schools program. We have offsets which we have Mr. HARKIN. I again want to express The list goes on. In January, I worked out for some $1.3 billion in the my appreciation to Senator SPECTER worked as a title I teacher at Johnson sale of the U.S. Enrichment Corpora- for his leadership in this area and for Elementary School in Cedar Rapids. I tion, and $92 million from the sale of working not only with me personally learned firsthand the value of title I, oil from the strategic petroleum re- but our staffs working very closely to- and my concern about the cuts were serve oil, $616 million from the FAA re- gether to craft this amendment. heightened. scission, $159 million from unobligated This really does bring us to the Late last month this article appeared balances in the Pell grant program, point—maybe it is not all of what in the Cedar Rapids Gazette: ‘‘6 $166 million of unused budget authority every one of us wants. I mean, we never Schools to Lose Remedial Reading: in left in the committee allocation, get that around here, but at least it Cedar Rapids District Sites Expected $200 million in year-round youth train- fills the need for getting the money out $350,000 Cut in Federal Funds.’’ ing, and $25 million in the unemployed now to the school districts so that they Mr. President, if we do not pass this trust fund, AFDC jobs rescissions. know what to do next year. amendment to that Senator SPECTER I want to thank my distinguished For summer youth, there are all the and I have joined on, if we do not pass colleague, Senator HARKIN, for his co- things that Senator SPECTER spoke this, nine teachers in Cedar Rapids will operation, and thanks especially to the about that we have to get through. We lose their jobs; 350 students who need staff who worked around the clock last have the offsets to pay for it. extra help with reading at six elemen- night, and counsel, for drafting, pro- Again, I want to thank Senator SPEC- tary schools in Cedar Rapids will not ducing this bill, really, at the very last TER for all of his diligent work in this. get it next year. minute. I want to again join Senator SPECTER In Council Bluffs on the other side of in thanking our staffs. I know they the State, five teachers will lose their I think I am in the position now with worked long hours in putting these jobs, 113 fewer students will be helped. the final additions having been made, numbers together and working with Of equal concern is the fact that the Mr. President, to send this bill to the Senator DOMENICI and Senator HAT- district will lose the investment they desk—before doing so, I want to add FIELD and Senator BYRD on our side. So made to train three teachers in reading one addendum. That is that Senator I think it is a well-crafted amendment, recovery, a short-term, intensive, one- HARKIN and I have discussed our agree- and I agree with Senator SPECTER that on-one teaching technique that is ment, having crafted this as carefully it deserves the support from both sides showing great promise of quickly as we have, to try to accommodate of the aisle. bringing first graders up to grade level education, that this accommodates the Mr. President, let me just in way of in reading. total program and if there are any talking about this amendment talk a The Iowa Department of Education other amendments—any Senator can little bit about the past weekend in estimates that across the State 7,300 offer any amendment at any time— Iowa. Right now all of the basketball fewer students will get title I assist- that Senator HARKIN and I are unified tournaments are taking place in the ance and 200 teachers will be laid off if in opposing any additional amend- State. There is a lot of anxiety about this amendment is not adopted. ments. who is going to win and who is going to This scenario will be repeated in It is always easy to add money, lose. I would like to deviate a little bit, every State and school district across which we would all like to do, but if I could, from the debate on this the country. Secretary Riley estimates without offsets it is impossible to do. amendment, just for a moment, Mr. that 40,000 teachers will be laid off na- And we have added as much as we President, to recognize the newly tionwide as a result of the $1.1 billion think can be done. So that our agree- crowned State champions in what we cut in title I. ment is that this is an excellent appro- call the premier high school tour- Mr. President, the sixth national priations bill for education, and we are nament in Iowa, the annual Girls State education goal calls upon us to ensure going to stand behind it. And that is it. Basketball Championships. Winfield- that by the turn of the century every If any additional amendments are of- Mount Union in class 1A, Sibley- adult American will be literate and fered, Senator HARKIN and I are unified Ocheyedan in class 2A—I saw that; it will possess the knowledge and skills in our determination to reject them be- was a great game—Carroll in class 3A, necessary to compete in the global cause this is a comprehensive bill. and that was also a great game that I economy. But the deep cuts in job

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1812 CONGRESSIONAL RECORD — SENATE March 12, 1996 training programs will not lead us to- teresting letter here from a business future and your future that you are playing ward this goal. It signals a fast retreat. owner in Carroll, IA, Mr. Tom Farner, with. Thank you for your consideration. Next year, without this amendment, of the Farner-Bocken Co. It is inter- Sincerely, funding for dislocated worker training esting what he said: MARY ANN BRINCKS. will be cut by 29 percent, and summer It has come to our attention that the Fed- KATHY BEHRENS jobs for youth is totally eliminated. eral Government is planning to cut title I Carroll, IA, February 20, 1996. These cuts could not come at a worse Reading Program by 17 percent. We feel this DEAR SENATOR HARKIN: I am writing to you time. You can hardly pick up a news- will hurt the quality of our labor force not in regards to the proposed funding cuts to paper or turn on the evening news only for the State of Iowa but in the Carroll the Title 1 Program. As a Title 1 teacher, I without seeing yet another story about region. Our business does not require a lot of personally witness the value of this program worker dislocations caused by skill but it does demand for our employees to and I encourage you to vote against the pro- be able to read picking labels and invoices. downsizing. posed cuts. Mr. President, I ask unanimous con- In our Title 1 program students are given Last year, Federal JTPA funds as- individual, small-group instruction. These sisted 105 workers who lost their jobs sent this letter from Mr. Tom Farner are the kinds that would fall through the at Tyson Foods in LeMars, IA, and 85 be printed in the RECORD, along with cracks if not given the extra reading instruc- individuals formerly employed by MCI other pertinent correspondence from tion with a reading specialist. So many of in Sergeant Bluff, IA. The planned cuts Iowa constituents. these kids’ parents are ‘‘too busy’’ to spend in retraining for dislocated workers There being no objection, the mate- the extra time at home. means next year 300 fewer Iowans will rial was ordered to be printed in the I realize that Title 1 funds are under ques- tion as to whether or not the funds are being RECORD, as follows: benefit from such assistance. used properly. I can tell you that in our However, the number of worker dis- FARNER-BOCKEN CO., school district the Title 1 program is using locations has not abated in my State. Carroll, IA. the funds very wisely. We have six teachers FDL Foods has announced layoffs in SENATOR HARKIN, who serve approximately 190 students at 5 Dubuque and Eveready Battery is clos- U.S. Senate, buildings. If the proposed cuts were to take ing its plant in Red Oak, IA. Unfortu- Washington, DC. effect, 60 students would not receive the help nately, with cuts of this magnitude in DEAR SENATOR HARKIN: It has come to our they need. job training, many of these people will attention that the Federal Government is I sincerely believe that this proposed cut planning to cut the Title I Reading Program not get the assistance they need. would turn a nation of readers into a society 17%. We feel this will hurt the quality of our of illiterate children. Please vote ‘‘no’’ for Mr. President, the bill before the Labor Force not only for the State of Iowa the proposed budget cuts! Senate restores many of these cuts, but but in the Carroll region. Our business does Sincerely, only if we pass some other bill in the not require a lot of skill but it does demand KATHY BEHRENS. future to pay for them. That is the un- for our employees to be able to read picking derlying bill. That is a mistake. labels and invoices. LINDA WETTER, Schools cannot budget based on a con- Our company is a part of a food buying Floyd, IA, February 26, 1996. tingency. School districts need to group called Pocahontas Foods with compa- TOM HARKIN, know now what they will receive next nies all over the United States. I just at- Hart Senate Office Building, Washington, DC. fall. In Iowa, the final deadline for tended a show in Colorado Springs where the owners of the companies got together to dis- DEAR MR. HARKIN: I am writing in regard making decisions on teacher hires is cuss issues and problems that we face in our to the government plan to cut funding for April 30, but many districts are already industry. One of the main problems talked the Title 1 program for our schools. making those decisions. Without a firm about was the percentage of errors on orders As a parent of a son with a learning dis- commitment now, across the country that are delivered to customers. They were ability, I have learned over the past five thousands of teachers will get the pink discussing that their percentage rate was years how important this program is. My slip for next year. around 70–75% and that 80% was great. Our son, with the help of this program is finally Mr. President, we should pay for this companies percentage rate is between 80– gaining the confidence to reach out and set his goals high—not to accept this disability up front, not based on some contin- 85%. This demands the skills of people to read labels, invoices, etc. as a life sentence, but to overcome it. gency that might happen, but pay for Reading is a very essential tool for people I have spent years telling my son that this it now. That is what this compromise to survive in today’s fast growing world and learning disability is not his fault—that ev- bipartisan amendment does that Sen- economy. Let’s not jeopardize our children’s eryone learns differently and that the extra ator SPECTER and I are introducing. future by cutting back on Title I. help he needs is available to him. Please do not let him or his future or our Again, Senator SPECTER and our staffs Please vote no to cutting back Title I. countries future down. There MUST be an- have worked long and hard to craft this Sincerely, other place to make a cut back. TOM FARNER. compromise. It is certainly not every- Remember—a learning disability does not thing that I would like or anyone else discriminate—it could affect your family would like, but it is a giant leap from CARROLL, IA too—a son, a daughter or maybe a grand- where we are. The offsets were difficult February 26, 1996. child. to come by this late in the fiscal year, Senator Tom Harkin, Please reconsider and keep my son’s future U.S. Senate, bright. Do not add to his burden. His future but we did it. I wish we could do more, Washington, DC. but I believe this is an honest and rea- is in your hands. DEAR SENATOR HARKIN: It has come to our Thank you for your time. Your help in this sonable effort to avoid devastating cuts attention that the Federal Government is matter is greatly appreciated. in education and job training. I urge all planning to cut the Title I reading program Sincerely, of my colleagues to support it. by 17%. This will mean drastic cuts in our LINDA WETTER. Mr. President, Iowa’s schools stand local program. This also means a reduction to lose almost $12 million in education of teachers, not as many students in need of CLINTON, IA, funds next year. Title I will fall by $8.6 reading assistance will be served. To me, this February 25, 1996. million. These cuts would be dev- makes no sense. Why cut back on education Senator TOM HARKIN, when Title I has a proven track record? What astating to my State. Those are not Des Moines, IA. will this mean for our students? I am a sec- DEAR SENATOR HARKIN: I am writing this my words. In a February 27 news arti- ond grade teacher in a Catholic School near letter as a concerned parent and teacher, re- cle announcing the plan to cut title I Carroll. I also have a son in the Title I pro- garding the cuts in Title I funding. I cannot from Cedar Rapids’ Van Buren School, gram. I see the benefits on both sides, as a believe that the government would even con- this is what the school’s principal, parent and a teacher. These teachers are so sider cutting the funds of such a beneficial Mary Lehner, had to say: ‘‘It’s just very good at what they do; each student is program. going to be devastating for kids. I am made to feel a success! Why make these chil- As a Reading Recovery Title I Teacher, I very concerned about those students dren pay for these cutbacks? Because, ulti- believe that many disadvantaged children mately, that is what will happen. If they do would not make it in the regular classroom who need the extra help with those not get the help they need when they’re without the support of the Title I teacher. I reading skills.’’ young, you will be investing in them in the can think of one family in particular that I These concerns are not only being ex- future in welfare and other government pro- have dealt with personally. One brother is in pressed by school officials but by busi- grams. Please, save yourself the money now third grade and did not receive the benefits ness owners. Mr. President, I got an in- and do not cut back on education. It is our of Title I in the early grades. Now as a third

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1813 grader, he is being tested for special edu- of students we have in the past. It will be un- anced budget principle. As Senator cation. I am serving his first grade brother fortunate if some students in need of reading HARKIN has pointed out, people now in in my Reading Recovery program and can assistance could not be served due to lack of school districts know what they can do see that he is making tremendous gains— funding. We, as educators, are very aware of by way of planning if this finally be- he’s reading. I believe that the Title I pro- the importance of having employees in your gram has saved him from special education, business with good reading skills. We believe comes law. and will help him to live a better life. How our program can help accomplish that. I ask for the yeas and nays on the many other lives has Title I changed? As a business person in this community, amendment. I know I speak for many parents and we are asking you to send a short note to the The PRESIDING OFFICER. Is there a teachers when I say that we would really ap- legislators who represent you. You might sufficient second? preciate your support in seeing that the want to mention how Title I can benefit your There is a sufficient second. funding is not cut for the Title I program. business and your concern about what will The yeas and nays were ordered. Sincerely, happen if such drastic funding cuts occur. Ms. MOSELEY-BRAUN. Mr. Presi- The legislators and their addresses are: CYNTHIA S. CRAMER, dent, the need to balance the Federal Title I Teacher. Senator Harkin, U.S. Senate, Washington, budget must be driven by more than D.C. 20515 Senator HARKIN, just numbers; it must also reflect Senator Grassley, U.S. Senate, Washington U.S. Senate, Washington, DC. sound priorities. Our budget must not D.C. 20515 DEAR SENATOR HARKIN: It has come to my only be fiscally responsible; it must attention that the Federal Government is Rep. Tom Latham, House of Representatives, also reflect the priorities of the Amer- Washington, D.C. 20515 planning to reduce the Title I reading pro- ican people. gram funds. As a mother of a student who Thank you for your efforts in this matter. A survey conducted in January found has participated in this program in 1995, I am Unless we voice our opinions, this funding asking you to please reconsider this action. cut will be passed. We are sure that you feel that 82 percent of Americans oppose This intervention program in 1st grade has as we do—Our children and their futures are cutting education spending. helped my child considerably with his read- very important! A different poll in January found ing capabilities. Because of the program, he Sincerely, that 67 percent of voters rank the qual- is able to keep up in his current class with- TITLE I STAFF. ity of education in public schools as out continued help. I know the program gave Mr. HARKIN. Mr. President, it is not their top priority. him a positive attitude toward school and Last year, 75 percent of Americans has helped his self esteem. With a good start just the teachers who are saying this, in the early years, all children will benefit but business people say they need peo- polled said that aid to education should tremendously in the future. Our children are ple who can read. Although they may be expanded. the future! not need highly skilled people, at least Unfortunately, the omnibus appro- Please reconsider the cut in funds for the they have to be able to read and under- priations bill before us today does not Title I reading program. It has been a valu- stand. reflect these priorities. It makes more able asset to our son and to our school. Mr. President, our amendment will than $3 billion in Federal education Sincerely, provide the offsets to pay for the in- and job-training programs—programs LOIS M. BEHRENS, that provide opportunities for Amer- Mother. creases in education and training pro- JOHN E. BEHRENS, grams recommended by title IV of this ica’s children and students—contingent Father. legislation. Again, we believe we have on a future budget agreement. The bill to provide for these now, not at some essentially says to our children and RENEE GENTER, possible point in the future, as is in the students: Your education will be a pri- Carroll, IA, February 21, 1996. underlying bill. The last thing we need ority later—maybe. DEAR SENATOR HARKIN: My name is Renee to do is get mired down in the same old The Daschle-Harkin amendment Genter and I am the mother of a title one doesn’t wait—because today’s children reading student. Recently I was informed the stuff that has already shut down the Federal Government is planning to cut back Government twice before. will grow up regardless of whether or 17% of our local schools reading program, I urge my colleagues to support this not there is a budget agreement, and which is very upsetting to my husband and I. amendment, to match the desire to tomorrow’s economy will not be any We are the parents of four wonderful little avert the education cuts with the re- kinder to them if there is not. boys who unfortunately have problems with sources to make sure the cuts will not It is easy to understand why so many reading. Our oldest child who is eight years happen. We need to make sure that the Americans make the quality of edu- old has struggled with reading since he start- add-ons are paid for now so that teach- cation one of their top priorities. Edu- ed school. About two years ago we were in- cation is related in a positive way to troduced to the title one reading program ers will not lose their jobs, children and it has been a life saver to our son. At one will continue to get title I services, and almost every index of domestic and so- point he was feeling different from the other workers will get the training assist- cial well-being. children in his class and now he is able to ance they need to remain competitive. The average earnings of a college read in the same level as his classmates, In closing, Mr. President, I want to graduate are 75 percent higher than which has done wonders for his self-esteem. thank Senator SPECTER for his work in those of someone with only a high Knowing that some of our other children will this area and thank our staffs for put- school education, and 150 percent high- have the same problems and knowing that ting this together. No one likes to er than the earnings of a high school the program may be canceled makes me make cuts, but we have made these off- dropout. wonder what are we to do about extra help for them. I am writing in hopes that the Gov- sets, and I believe the offsets are good Sixty-two percent of small children ernment will change its plans for cutting and the money will go to all of the whose parents have not completed high back on such a great program. I know I am things that Senator SPECTER men- school live in poverty. By contrast, not alone on these feelings. Parents and our tioned: Summer youth employment only 4 percent who have at least one school programs are our only help for our program, dislocated workers, school to parent with a high school diploma live children and their children. Thank you for work, Head Start, Goals 2000, of course in poverty. taking the time to read my letter. I hope we title I, which I talked a lot about, More than 80 percent of prison in- can make a difference. Our children are de- drug-free schools, educational tech- mates are high school dropouts. pending on us. The American people place such a Sincerely, nology, Perkins loan and SSIG for RENEE GENTER. higher education. high priority on education because edu- Mr. President, I ask unanimous con- cation is an essential investment in CARROLL COMMUNITY SCHOOL DISTRICT, sent that Senator WELLSTONE be added our future. A quality education has al- Carroll, IA, February 13, 1996. as a cosponsor of this amendment. ways opened the door to the American DEAR BUSINESS LEADER(S): It has come to The PRESIDING OFFICER. Without dream—the chance to achieve as much our attention that the Federal Government objection, it is so ordered. as your ability, talent, and brains will is planning to cut the Title I reading pro- Mr. SPECTER. Mr. President, I take you. gram 17%. This will mean drastic cutbacks in our local program, both in the public and thank my distinguished colleague from Education is much more than a pri- parochial schools. The equivalent of two Iowa for his comments. I believe this is vate benefit to individual students. teachers may need to be cut, which will a well-crafted bill that accommodates Education funding is an investment in mean we will not be able to serve the number education while maintaining the bal- America. Quality education affects the

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1814 CONGRESSIONAL RECORD — SENATE March 12, 1996 entire community, and it is as much a publican addbacks, do not depend on the global economy, improving our part of our national defense as any future contingencies at an unspecified education performance and investing in missile system. As Laura Tyson said, a time in the future of a congressional- education should be top U.S. priorities. country’s people are its most precious Presidential agreement on an overall Unfortunately this amendment does resource. budget. This will allow schools, now in not increase funding for education. But Yet, under this bill, if the contin- the process of planning their budgets it does provide at least level funding gency funds do not become available, for next year, to know the funding for education. the bill: level for which they can budget. Mrs. MURRAY. Mr. President, I rise Cuts the Safe and Drug-Free Schools The amendment represents addbacks in support of the Daschle-Harkin Program—which helps to provide a safe that both parties agree to: $151 million amendment restoring funds cut from environment conducive to learning—by for education reform; $1,279 million for education. This amendment stands for almost 60 percent; title 1; $208 million for school improve- something; it stands for a continuing Cuts the Title I Program—which pro- ment programs; $82 million for adult commitment to learning for all Ameri- vides basic assistance to low-income and vocational education; and $10 mil- cans. children and school districts—by 10 lion for education research and statis- One program the amendment would percent; tics. This will provide funds for Goals restore is the School-to-Work Program. Cuts Goals 2000—which helps fund in- 2000; title 1; safe and drug-free schools; I would like to tell you how this pro- novative, locally driven efforts to raise charter schools; vocational and adult gram has helped one student in my the quality of education—by 22 per- education; education technology; Head State to turn her life around and avoid cent. Start; dislocated workers; adult train- the effects of violence. The bill also targets programs that ing; school-to-work; summer jobs for Mr. President, we all hear about the make it possible for more Americans to youth; and one-stop career centers. epidemic of violence in America. The afford a higher education. Without the The Harkin amendment would main- people most affected by this epidemic, contingency funds, the bill cuts the tain the fiscal year 1995 level of $18.4 and the people who sometimes end up Pell Grant Program by 6 percent, the billion for Department of Education contributing to the problem, are our Perkins loans by 37 percent, and the funding except Pell grants, and funds young people. Too frequently, a young State student incentive grants by 50 for Pell grants, including the fiscal American’s world of love, tenderness, percent. year 1995 surplus carried forward to fis- and growth is replaced by a world of The cost of college has risen more cal year 1996, would also remain level. hate, abuse, and death. than 230 percent in the last 15 years. This amendment maintains fiscal The homicide death rate in Wash- ington State has more than doubled Yet, according to the Department of year 1995 levels of funding for edu- since 1970, for children between 15 and Labor by the year 2000, 52 percent of all cation by identifying offsets, not by 19 years old. Significant numbers of new jobs will require more than a high adding anything to the deficit. school education. Diminishing access These addbacks support programs younger children are also becoming victims of homicide in recent years. to higher education is not one of the needed by everyone, and especially Juvenile drug and alcohol offenses priorities of the American people, and those in New Mexico. Title 1 supports have declined in my State since 1991, teaching basic reading and math skills it should not be one of the priorities of but were too high to start with. Vio- to disadvantaged students. Every this Congress. lent crimes are on the rise among This bill also cuts billions from pro- school district in New Mexico would be youth, and more young people are grams that provide young people with hurt if these funds are not restored. Al- being incarcerated than ever before. summer employment and job training, buquerque public schools alone would Mr. President, I want to make sure and that help prepare dislocated work- lose almost $2 million if House cuts are we do not misplace the blame for this ers for new careers. Without the con- not restored. epidemic, however. Adults are the ones tingency funds, this bill cuts the JTPA Education reforms funds support capable of making the changes that Program by 25 percent, training for dis- school-industry cooperation in devel- will prevent adult violence and child located workers by 29 percent, and the oping programs that teach students abuse. summer jobs program by 100 percent. going directly to work from school Adults are also capable of preventing Education and job training programs those skills they need to perform a job; youth violence. Young people tell me: are about knowledge, about competi- and Goals 2000 supports professional de- Adults don’t seem to care about them; tiveness, and about being able to adapt velopment and raising standards of lit- they don’t have access to youth activi- to a changing economy. I am reminded eracy to internationally competitive ties; they can’t get summer jobs; of a quote from one American philoso- levels. The grant awards in New Mexico adults don’t set a good example for pher, who wrote: ‘‘In times of change, for these programs have provided great kids; adults don’t encourage positive learners inherit the Earth, while the local control and pride and initial signs behaviors—so young people get atten- learned find themselves beautifully of success. Vivian LaValley of tion by exhibiting bad behavior. equipped to deal with a world that no Bernalillo High School was here last This should not be allowed to happen, longer exists.’’ Thursday describing her School-to- because it has an immediate effect on The Daschle/Harkin amendment re- Work Program and it was very impres- the lives and psyches of our young peo- flects that philosophy by truly putting sive. ple, and a longer term effect on the the $3.1 billion for education and job The need for such Federal support is economy and social fabric of our Na- training back into the budget. sorely felt both by my constituents and tion. Thirty-five percent of the American other leaders across the country. In 2 The good news is: Adults can do people believe that education funding weeks Lou Gerstner of IBM and Gov. something about these problems, and should be Congress’ No. 1 legislative Tommy Thompson of Wisconsin will adults set good examples every day. priority. Let us not let them down—or host the Nation’s Governors and busi- Just being willing to talk with, and lis- the 82 percent who oppose education ness leaders in an education summit to ten to, young people is a great start. cuts period—by failing to enact this discuss the need for education stand- Last week, as part of his ongoing re- amendment. ards and technology. The addbacks pro- sponse to this problem for young peo- Mr. BINGAMAN. Mr. President, I rise vided in this amendment provide ple, the President hosted a White in support of the Harkin education States and communities the resources House Leadership Conference on amendment. This amendment aims to they need to pursue these efforts as Youth, Drug Use, and Violence. He restore funding for the Department of they see fit. brought together people from around Education, and for all education and For the last 6 years the Federal Gov- the country to talk about problems and training to fiscal year 1995 levels. ernment, on a bipartisan basis, has in- solutions for today’s youth. This amendment is fully paid for. It creased funding for education each Mr. President, one of the people in adds back funds to the fiscal year 1996 year. Congress was right to do so. As attendance at the conference was a appropriations with offsets scored by our future depends increasingly on the former high school dropout from Wash- CBO. This amendment, unlike the Re- competitiveness of our work force in ington State, who has turned her life

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1815 around through a program in voca- Vancouver, Spokane, and Tacoma. In ries, and raised dubious questions of tional skills training. every one of these meetings, adults and privilege in order to withhold poten- This young woman is named Jessica young people came out in the winter tially damaging evidence. All for the Shillander. She spent her young life in weather to confirm that all schools purposes of downplaying the signifi- a two-parent family, but later experi- need to be more relevant, and that cance of Whitewater and running out enced a difficult family breakup. After School-to-Career programs are exactly the clock on this investigation. this happened, this soon got very dif- the kind of thing this country needs Let us review the facts. Nine people ficult for Jessica, and she had to prove more of. have been convicted for crimes relating how capable and resilient she really But, instead, we are here today de- to Whitewater, and seven more—in- is—a thing we shouldn’t ask from any bating an amendment to restore these cluding Arkansas Governor Jim Guy child in America. funds after they have been cut. This is Tucker and the Clintons’ business part- Jessica was kicked out of her moth- folly. We must invest in our future, not ners, Jim and Susan McDougal whose er’s home as a seventh grader. Not sur- bankrupt it. The Daschle-Harkin trial has begun in Little Rock—are prisingly, she almost immediately got amendment will restore School-to- currently under indictment. involved with gangs, drugs, and an abu- Work funds for programs like the one The President and the First Lady sive boyfriend almost twice her age. that helped Jessica. have both been compelled to testify Jessica dropped out of school, and if I believe, as did President Franklin separately before grand juries on the it were not for the help of caring Roosevelt, that ‘‘The only real capital subject of Whitewater. Yet, the White House still refuses to adults, and a special program funded of a nation is its natural resources and make full, prompt disclosures in re- with Federal School-to-Work funds, she its human beings.’’ America cannot sponse to our requests. And in those re- would not be the success story she is continue to act like a business having fusals rest the real Whitewater scan- today. a fire sale, we must continue the in- dal. However, due to a dropout retrieval vestments which will give our country Just as important as the actual and program run by the New Market Voca- a future. Education is paramount alleged crimes committed in Arkansas tional Skills Center in Tumwater, WA, among these. I want my colleagues to during the 1980’s is the potentially Jessica started having success in support the Daschle-Harkin amend- criminal coverup going on in the White school. ment in this light. House today. At New Market, Jessica felt the sup- Mr. GRAMS. Mr. President, I wish to Our chief frustration centers around port from adults which allowed her to speak as in morning business for up to the stark difference between the claims improve her academic and job skills. 10 minutes. the First Family makes in front of the Thanks to the program, Jessica has al- The PRESIDING OFFICER. Without cameras and the actions taken by the most graduated. She has turned away objection, it is so ordered. White House behind closed doors. from violence. f The President and the First Lady She is now working a paying job as a have repeatedly pledged full coopera- student advocate, and looks forward to EXTENSION OF SPECIAL COM- tion with this investigation, but as a a career helping young people. Last MITTEE TO INVESTIGATE WHITE- Washington Post editorial puts it, week she spoke to applause at the WATER ‘‘they have a weird way of showing’’ White House Conference, letting adults Mr. GRAMS. Mr. President, I wanted that cooperation. and youth learn from her story. to say how disappointed I am that the It has been clear from day one that a This dropout retrieval program Senate failed in a vote a few minutes concerted and coordinated effort has would not be possible without Federal ago to end the filibuster of our resolu- been made on the part of the White School-to-Work funds. Run through the tion to continue the Whitewater hear- House, associates of the President, and vocational skills centers in Washington ings. Clinton appointees to thwart the work State, the program is unique in the The question before the Senate today of the special committee. country. High school dropouts—kids should have been whether or not we You can think of Whitewater as a jig- from lower- and middle-class working would authorize additional funding for saw puzzle with a timeclock—a puzzle families—get special assistance to get the continued investigation into that did not come in a box or with a them involved in instruction which is Whitewater. Unfortunately, the cur- picture to work from. You begin assem- relevant to their lives. rent filibuster that is underway pre- bling the scattered pieces, but when If they need help with transpor- vents us from even considering this you think you are done, something tation, or child care, or just need some- question or voting on either the resolu- does not seem quite right. one to care enough those first few days tion or the Democratic alternative. Maybe it is the holes at the edges of the puzzle or the extra pieces you are back at school to give them a wakeup I recognize that some of our col- holding that don’t seem to fit any- call or see that they get an alarm clock leagues who have not closely followed where. With time ticking away, you or work clothes—the help is there. the course of this investigation could look around to see if anything is miss- And, like most Americans, these reasonably believe that enough time ing, when you find them in someone young people respond well to high ex- and money has been spent on the mat- else’s hands. pectations and a caring attitude—they ter, and under ordinary circumstances, And as all the pieces begin to fit to- need less help as they become more they might be right. gether, you still have no idea what confident in their own abilities. These Should we not have the opportunity you’ll end up with, but you realize that programs have an average placement to openly and honestly debate—and the puzzle is bigger than you had ever rate of 90 percent—either in jobs, high- vote—on this issue? We may have dis- imagined. er education, or the military. agreements over the need to continue It sounds incredible but look at the At a time when our world is more the Whitewater investigations, but obstacles we have had to face. complex than ever, when all employ- shouldn’t those disagreements be ar- Withheld records. Last summer, the ees, young or old, are finding the work- gued and resolved in the light of full committee requested the phone records ing world more difficult, when all public scrutiny? I believe they should. of Margaret Williams and Susan schools need to be more relevant, Con- Unfortunately, that is not the situa- Thomases for the time period imme- gress is about to cut the very School- tion we face today. But that should not diately following the death of Vince to-Work funds that make Washington’s come as any surprise; after all this fili- Foster. By December, we had received School-to-Career program possible. buster simply follows the course of ac- them, but only after making four sepa- Here’s Jessica’s reaction: ‘‘School-to- tion directed by the White House. rate requests and issuing a subpoena. work transition needs to begin as early Whatever its motivation, the White The records detail a phone tree be- as kindergarten, to help all students House has refused to fully cooperate tween Williams, Thomases, and the find value and self-worth. I want all with this investigation. For months, First Lady on the night of Foster’s students to have this opportunity.’’ they have delayed the production of death, leading to the removal of docu- Mr. President, I just held four chil- documents, presented witnesses who ments from Foster’s office. But it took dren’s forums in my State, in Yakima, exhibit suspiciously selective memo- months to get them.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1816 CONGRESSIONAL RECORD — SENATE March 12, 1996 Last minute surprises. On November It is these findings and unresolved BALANCED BUDGET 3, Deputy White House Counsel Bruce questions which lead me to wonder why DOWNPAYMENT ACT, II Lindsey was deposed by the special our Democratic colleagues have chosen The Senate continued with the con- committee. Not until the eve of his to filibuster this investigation, rather sideration of the bill. deposition did Lindsey supply the com- than let us gather the facts and com- Mr. DASCHLE. Mr. President, I ask mittee with Whitewater documents, plete our job. unanimous consent that the order for and then, 12 days later, discovered an- There has already been a great deal the quorum call be rescinded. other 80 pages of information. of speculation in the public’s eye over The PRESIDING OFFICER. Without with this new information, the spe- issues related to Whitewater and the objection, it is so ordered. cial committee decided to depose Mr. death of Vince Foster. We cannot af- AMENDMENT NO. 3473 Lindsey again, when, surprise, he once ford to leave these questions—or to Mr. DASCHLE. Mr. President, I com- again provided additional documents give the American people reason to mend the distinguished Senator from on the eve of a deposition. doubt the integrity of our efforts. Iowa and the distinguished Senator And just a few weeks ago, when we Mr. President, we have a choice. We from Pennsylvania for their work in least expected it, boom—more docu- can either continue our investigation bringing us to this point on one of the ments from Bruce Lindsey. and get to the bottom of this whole af- most important aspects of this omni- Missing and redacted notes. On Feb- fair or we can give up. We can begin bus appropriations bill, the education ruary 7 of this year, the White House dismantling the White House’s stone amendment. Yesterday we offered an released a redacted version of notes wall piece by piece or we can throw our amendment with an expectation that taken by then-White House Commu- hands up in the air and allow the Sen- we could restore full funding to the nications Director Mark Gearan from ate to become just another part of a 1995 level. This legislation does that. Whitewater response team meetings potential Whitewater coverup. There was some miscalculation as to led in 1994 by White House Deputy Mr. President, we cannot allow that the funding level required to bring us Chief of Staff Harold Ickes. to happen. to fiscal 1995 levels for title I. As I un- But only on the day of Gearans’ depo- We have a responsibility to uncover derstand it, the question relating to sition was the unredacted version re- the truth to every taxpayer whose how much funding would be required to leased—3 days before Gearan was hard-earned dollars bailed out Madison do just that has been resolved. scheduled to testify. When questioned, Guaranty, to every citizen who ques- I am satisfied that this does restore Gearan gave little explanation for why tions the honesty and integrity of their the fiscal 1995 level for title I, as well these, shall we say, colorful notes were Government, to every American who as for the other educational priorities not turned over in response to a com- believes in the saying, long forgotten identified in the underlying amend- mittee subpoena for Whitewhater docu- in Washington, about ‘‘the truth, the ment. So, clearly, this agreement is a ments issued over 3 months ago. whole truth, and nothing but the very significant development. It ought Overlooked documents. Upon receiv- truth.’’ to enjoy the support of both sides of ing confirmation from the Gearan If it takes us days, weeks, or months the aisle. I hope we can get unanimous notes about Ickes’ role in Whitewater, to wipe the Government clean from the support for it. It removes what I con- the committee requested any addi- tarnish of Whitewater, then that is sider to be one of the most important tional notes that might have been what we must do. The Senate cannot impediments to bringing us to a point taken by Ickes. continue to wash its hands of this re- where we can get broad bipartisan sup- Sure enough, less than 48 hours be- sponsibility. The investigation must port for final passage of this bill. fore Ickes was scheduled to testify, continue. If it takes us days, weeks, or So, again, I thank the leadership of over 100 pages of notes and documents months to wipe the Government clean the Senator from Iowa, and certainly appeared on our doorstep, accompanied from the tarnished Whitewater, then the Senator from Pennsylvania. I hope by the dubious explanation that the that is what we must do. The Senate that all of our colleagues can support documents were mistakenly over- cannot continue to wash its hands of it. I hope we can work together on a bi- looked. this responsibility. The investigation partisan basis to reach similar agree- To top if off, how can one forget the must continue. ments on other outstanding differences long delayed discovery of Mrs. Clin- Now, I know my colleagues argue related to this legislation, including ton’s billing records in the White funding levels for the environment, House book room. Coincidences? many points, but I believe they ignore the merits. They argue time and crime, and technology. We also need to Hardley. remove the contentious riders the The White House knows exactly what money, but they ignore the facts. They say, ‘‘What is the big deal about White- House included in their version of the it is doing, Make no mistake about it. bill. I believe that if we did that this Publicly, they claim to be the most water?’’ But, again, they ignore the fact that nearly two dozen friends and afternoon, we could put this bill on the forthcoming administration in history. President’s desk before the end of the And they point to the tens of thou- associates of the Clintons have become casualties of Whitewater being sent week and, at long last, resolve the sands of pages of documents they have many problems we have had with these turned over as evidence. back home in disgrace, charged or con- victed of crimes related to Whitewater, appropriations bills. Only after you leaf through the piles, I yield the floor, and I suggest the ab- and see first hand the fragments, the or even worse. And, also, they charge that the inves- sence of a quorum. redactions, and the irrelevant informa- The PRESIDING OFFICER. The tion the White House has provided do tigation is political, but they ignore the fact that it would be more political clerk will call the roll. the pieces of the puzzle begin to fit to- The assistant legislative clerk pro- to end this investigation without get- gether in the image of a stone wall. ceeded to call the roll. I’ve often compared it to looking for ting the answers. It is political, but the Mr. HARKIN. Mr. President, I ask a needle in a haystack—the trouble is, politics are being played by the White unanimous consent that the order for when we ask for the needle, the White House and our Democratic colleagues the quorum call be rescinded. House gives us the haystack. And now, in not allowing this investigation to The PRESIDING OFFICER. Without they want to say ‘‘Times up. We win.’’ continue. If there is nothing to fear, objection, it is so ordered. Mr. President, when we started this why not get the job done and put it be- The question is on agreeing to the investigation, our purpose was to ex- hind us? amendment of the Senator from Penn- amine the reasons for the taxpayer-fi- Thank you very much, Mr. President. sylvania. On this question, the yeas nanced $60 million failure of one Ar- I yield the floor and suggest the ab- and nays have been ordered, and the kansas savings and loan. But what we sence of a quorum. clerk will call the roll. have uncovered, in Washington and in The PRESIDING OFFICER. The The assistant legislative clerk called Arkansas, is enough to make any eth- clerk will call the roll. the roll. ical person cringe—and still, many The assistant legislative clerk pro- The result was announced—yeas 84, questions remain. ceeded to call the roll. nays 16, as follows:

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1817 [Rollcall Vote No. 27 Leg.] consequence a result contrary to their averted if access to voluntary family-plan- YEAS—84 purported purpose of trying to mini- ning services had been maintained,’’ Sen. Mark Hatfield (R) of Oregon told his Senate Abraham Exon Mack mize abortions. The restrictions do not Akaka Feingold McConnell decrease abortions, they increase them. colleagues this week. ‘‘These numbers are as disturbing as they are astounding, particu- Baucus Feinstein Mikulski Other statistics speak for themselves. Bennett Ford Moseley-Braun larly to those of us who are faithfully and as- Biden Frist Moynihan In Russia, a lack of family planning sertively pro-life.’’ Bingaman Glenn Murray services has made abortion the chief The US has been barred from funding abor- Bond Gorton Nickles method of birth control. The average tion services overseas since 1973. But anti- Boxer Graham Nunn abortion activists in the US urged Congress Bradley Grassley Pell Russian woman has four abortions over Breaux Harkin Pressler her lifetime. In countries with effective to cut support for family-planning programs Brown Hatfield Pryor family planning, though, such as Hun- concerned that such programs indirectly pro- mote abortion. Bryan Heflin Reid gary, abortion rates have dropped dra- Bumpers Hollings Robb ‘‘Population control that has to do with Burns Hutchison Rockefeller matically. education and the use of contraceptives was Byrd Inouye Roth But this debate is not just about not the issue,’’ says Rep. Sonny Callahan (R) Campbell Jeffords Santorum abortion. A lack of adequate family of Alabama, chairman of the House Appro- Chafee Johnston Sarbanes priations subcommittee that deals with for- Cochran Kassebaum Shelby planning and population efforts leads Cohen Kennedy Simon directly to a severe degradation of the eign aid. ‘‘The issue is trying to stop the US Conrad Kerrey Simpson lives and health of mothers and chil- from providing any money that might be Coverdell Kerry Snowe dren. U.S.-funded programs, rather used for abortions.’’ D’Amato Kohl Specter ‘‘Our concern is that services for abortion Daschle Lautenberg Stevens than promote abortion, seek to pro- are being provided by family-planning agen- DeWine Leahy Thomas mote safe contraception, thus allowing cies,’’ adds a spokesman for the Christian Dodd Levin Thurmond women to space their pregnancies, a Coalition, based in Chesapeake, Va. Dole Lieberman Warner Lawmakers trimmed funding for popu- Domenici Lott Wellstone step crucial to the health of the moth- Dorgan Lugar Wyden er and the survival of the child. If the lation assistance by 35 percent in a foreign- aid bill that was incorporated into a ‘‘con- NAYS—16 CR funding restrictions are left in place, 8,000 more women will die in tinuing resolution’’ to keep the federal gov- Ashcroft Gregg McCain ernment running until mid-March. Coats Hatch Murkowski pregnancy and childbirth, including In addition to budget cuts, the legislation Craig Helms Smith from unsafe abortions, and 134,000 more imposes unprecedented restrictions on fam- Faircloth Inhofe Thompson infant deaths will occur. Inadequate ily-planning programs funded by the US Gramm Kempthorne Agency for International Development Grams Kyl family planning also contributes to dangerous strains on already heavily (AID), AID is now barred from obligating any So, the amendment (No. 3473) was taxed environments, while unbridled money before July 1 and only small monthly agreed to. population growth has a serious impact parcels thereafter process that leaves only 14 percent of the amount appropriated in 1995 AMENDMENT NO. 3467 on education efforts in countries where The PRESIDING OFFICER. The available for use in fiscal year 1996, and money for such programs is scarce. which, AID officials complain, will confound question is on agreeing to the Daschle Such a strain on education is an indi- the process of long-term planning. amendment No. 3467, as amended. rect cost of these restrictions, but one Republican sources on Capitol Hill say cuts So the amendment (No. 3467), as with dire long-term consequences. in family-planning funds are part of an amended, was agreed to. It is worth emphasizing that prohibi- across-the-board drive to reduce federal Mr. SPECTER. Mr. President, I move tions on U.S. funding for abortions spending. As for restrictions on how the to reconsider the vote by which the have been on the books since 1973. money is spent, says one House source, they reflect the new balance of power in the 104th amendment was agreed to. USAID has consistently sought to Mr. HATFIELD. I move to lay that Congress in favor of those who believe that prevent abortions by offering viable al- family-planning agencies promote abortion— motion on the table. ternatives, alternatives available only a charge family planning advocates hotly The motion to lay on the table was through adequate education. AID’s pro- deny. agreed to. grams are widely recognized as the Family-planning advocates cite evidence Mr. JEFFORDS addressed the Chair. most efficient and effective population indicating that cuts in family-planning serv- The PRESIDING OFFICER. The Sen- planning programs in the world. ices will lead to sharp increases in abortion. They point to Russia, where the absence of ator from Vermont. These shortsighted restrictions en- Mr. JEFFORDS. Mr. President, I rise family-planning services has made abortion danger the long-term goals of improv- the chief method of birth control. The aver- today in support of Senator HATFIELD’s ing the lot of women and children in proposal in the omnibus bill before us age Russian woman has at least four abor- the developing world, with potentially tions over a lifetime. to remove restrictions on U.S. funding catastrophic results. ‘‘The framers of the family-planning lan- of international family planning. These Mr. President, I ask unanimous con- guage in [the continuing resolution] ensured, restrictions are part of the foreign op- sent to have printed in the RECORD an perhaps unintentionally, that the gruesome erations bill which was folded into the article from the Christian Science experience of Russian women and families last CR. Senator HATFIELD’s initiative will be replicated throughout the world, Monitor of February 9, 1996. starting now,’’ Senator Hatfield says. is a necessary and welcome step: nec- There being no objection, the article essary because the restrictions risk the Conversely, where family-planning services was ordered to be printed in the have been introduced, as in Hungary, the lives and health of women and children RECORD, as follows: abortion rate has dropped dramatically. in the developing world; welcome be- Some 50 million couples around the world CONGRESSIONAL EFFORT TO CURB GLOBAL cause the United States should not be now use family-planning services paid for by ABORTION MAY BACKFIRE forced by these ill-conceived restric- US government funds. The one-third budget tions to abdicate its proven leadership (By George Moffett) cut could mean one-third that number, or 17 in international family planning. WASHINGTON.—A CONGRESSIONAL move to million couples, will lose access to family Voluntary efforts to limit population limit abortion and family planning may have planning. If funds are not found from other a dramatic unintended consequence: It could growth must remain a principal pri- sources, according to projections by Popu- actually cause the global abortion rate to lation Action International, a Washington- ority of U.S. foreign assistance. The rise. based advocacy group. failure to fund adequately inter- Encouraged by the Christian Coalition and ‘‘More than 10 million unintended preg- national family planning efforts in the anti-abortion groups, Congress last month nancies could result annually,’’ says Sally developing world has dire con- made deep cuts in United States funds for Ethelston, a spokeswoman for the group. sequences. The restrictions currently family-planning programs abroad. But de- ‘‘That could mean at least 3 million abor- on the books will result in 4 million mographers, and even some anti-abortion ac- tions, at least half a million infant and child unwanted pregnancies in developing tivists, are warning that the cuts for family deaths, and tens of thousands of maternal planning will lead to more unintended preg- deaths.’’ countries. Of these unwanted preg- nancies—and that more, not fewer, abortions Without family-planning services, more nancies, an estimated 1.6 million will are likely to result. pregnancies will occur among younger end in abortions. Thus, these restric- ‘‘We embraced the probability of at least 4 women, older women, and women who have tions have as a direct and alarming million more abortions that could have been not spaced pregnancies by at least two years,

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1818 CONGRESSIONAL RECORD — SENATE March 12, 1996 which is considered the minimum time need- Mr. HOLLINGS. I have been informed puts the squeeze on deadbeats who ed to protect the health of mother and child. by the Parliamentarian, since the have not repaid money owed to the The US has taken the lead since the 1960s Daschle education amendment has Federal Government. The Congres- in funding family-planning programs in poor passed, that the present amendment on sional Budget Office has scored this nations. Since then, global contraceptive use provision as raising $440 million in fis- has risen fivefold; fertility (the average num- technology needs to be conformed. I ber of children born to a woman during her ask unanimous consent the Parliamen- cal year 1996—more than enough to reproductive years) has dropped by one- tarian conform it in accordance with cover the add-backs. third; and the rate of global population the Daschle amendment in the bill as it Mr. President, I want to turn first to growth has begun to slow. now appears. investment in new job-creating tech- Even so, the world grows by 1 million peo- The PRESIDING OFFICER. Without nologies. I particularly want to focus ple every 96 hours, and the populations of objection, it is so ordered. on the Advanced Technology Program most poor nations are projected to double Mr. HOLLINGS. Mr. President, this at the Department of Commerce. The within 20 to 30 years. AID officials say the amendment restores funding for five Advanced Technology Program con- cuts will retard the incipient family-plan- important technology programs that tracts with companies on a cost-shared ning movement in Africa, where population basis to speed the development of new growth is fastest. ‘‘If this proves to be some- are significant investments in our thing that does increase abortion, we’d take country’s future. They focus on three breakthrough technologies that offer another look at our position,’’ says the critical areas: Economic growth, edu- great promise for the Nation but are Christian Coalition spokesman. cation, and cost-effective environ- too untested for the regular market- Mr. JEFFORDS. I urge my colleagues mental protection. The spending we place to fully fund. Just as other Fed- to support lifting these restrictions on propose in this amendment is fully off- eral research and development pro- programs with vital U.S. interests. I set, and the Congressional Budget Of- grams work through companies to de- yield to the Senator from South Caro- fice has scored that offset at providing velop the technologies needed for Gov- lina. more than is needed for the programs ernment missions such as defense and Mr. HOLLINGS addressed the Chair. we restore. space, the Advanced Technology Pro- The PRESIDING OFFICER. The Sen- The distinguished Senator from Iowa gram works with companies in support ator from South Carolina. has been the principal sponsor also of of the critical Federal mission of pro- AMENDMENT NO. 3474 TO AMENDMENT NO. 3466 the offset, which deals with accelerated moting long-term economic growth and job creation. (Purpose: To provide funding for important collection by the Federal Government. technology initiatives with an offset) We, as cosponsors, are indebted to him The amendment now before the Sen- ate provides $300 million for the ATP. Mr. HOLLINGS. Mr. President, I for his leadership. Otherwise, the dis- The $300 million level is significantly have an amendment at the desk and tinguished Senator from Maryland, below the $341 million available for the ask, on behalf of myself, Senator Senator MIKULSKI, has really led the program just last year in 1995. Cur- DASCHLE, Senator KERRY, Senator way for our Environmental Protection rently, H.R. 3019 provides no 1996 funds LIEBERMAN, Senator BINGAMAN, Sen- Technology Program. for this important program, although ator ROCKEFELLER, Senator LEAHY, Specifically, the amendment invests five important technology programs. It the committee amendment’s unfunded Senator LAUTENBERG and Senator title IV would provide $235 million to KERREY, the clerk to please report it. restores funding for four of them: A $300 million add-back for the Depart- support existing awards. The PRESIDING OFFICER. The Mr. President, I want to talk about ment of Commerce’s Advance Tech- clerk will report. several points in this important pro- nology Program, which contracts with The legislative clerk read as follows: gram. The Senator from South Carolina [Mr. industry to speed the development of First, we are talking here about jobs. HOLLINGS] for himself, Mr. DASCHLE, Mr. new breakthrough technologies; $32 The Advanced Technology Program KERRY, Mr. LIEBERMAN, Mr. BINGAMAN, Mr. million more for the Telecommuni- supports a vital mission of Govern- LEAHY, Mr. ROCKEFELLER, and Mr. KERREY cations and Information Infrastructure ment—promoting long-term economic proposes an amendment numbered 3474 to Assistance Program at the National amendment No. 3466. growth. The voters know that America Telecommunication and Information faces tough economic times. Foreign Mr. HOLLINGS. Mr. President, I ask Administration; an additional $4.5 mil- competition remains fierce, American unanimous consent that further read- lion for the Technology Administration companies continue with never-ending ing of the amendment be dispensed at the Department of Commerce, in- downsizing, and voters are understand- with. cluding $2.5 million to honor commit- ably anxious and upset. It is ironic in- The PRESIDING OFFICER. Without ments under the United States-Israel deed that the Government spends bil- objection, it is so ordered. Science and Technology Commission; lions in research and development dol- (The text of the amendment is print- and a $62 million addition for the Envi- lars each year for defense security, but ed in today’s RECORD under ‘‘Amend- ronmental Technology Initiative at the we are still debating the R&D efforts to ments Submitted.’’) Environmental Protection Agency, an promote economic security. Mr. HOLLINGS. Mr. President, this important effort to develop innovative Increasingly, new industries, jobs, is the technology amendment. I ask and cost-effective ways to protect the and wealth will go to those who are unanimous consent that I be able to environment. These add-backs total fastest at developing and then applying yield to the distinguished Senator from $398.5 million. new technologies. And if we are to save California, who wishes to make a brief In addition, the amendment specifies as many jobs as possible in existing in- statement as in morning business. that $23 million that is already in title dustries, they too need to be techno- Mrs. FEINSTEIN addressed the I of the committee amendment is to go logically competitive. The ATP works Chair. to the Education Department’s Tech- to turn promising laboratory ideas into The PRESIDING OFFICER. The Sen- nology Learning Challenge Program. practical breakthrough technologies— ator from California. These five programs promote innova- technologies that the private sector Mrs. FEINSTEIN. I thank the Chair, tive new technologies—technologies, itself will develop into new products and I particularly thank Senator HOL- Mr. President, that can improve and processes. And, we hope, tech- LINGS. schools, protect the environment at nologies that American companies and Mr. President, I ask unanimous con- lower cost, and create new industries American workers will turn into prod- sent that I be permitted to speak as in and jobs to replace employment lost ucts before our overseas competitors do morning business for up to 10 minutes. through never-ending downsizing and so. The PRESIDING OFFICER. Without layoffs. We must invest now to benefit The Federal Government has long objection, it is so ordered. from those new technologies tomorrow. worked with industry to speed the de- (The remarks of Mrs. FEINSTEIN per- This amendment does that job. velopment of important new tech- taining to the introduction of S. 1607 The amendment fully offsets these nologies. Industry-government partner- are located in today’s RECORD under add-backs through a provision that ships helped start entire U.S. indus- ‘‘Statements on Introduced Bills and would significantly improve the collec- tries—from the telegraph and agri- Joint Resolutions.’’) tion of delinquent Federal debts. It culture to aircraft and biotechnology

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1819 to computers and the Internet. These Bush himself requested budget in- encouraging research joint ventures, government investments paid off enor- creases, and in 1992 14 Republican Sen- one of its purposes; that ATP winners mously for the Nation and its workers. ators on a defense conversion task did indeed often have trouble getting We won the race to develop those force endorsed it. See ‘‘Report of the private funding because the research technologies. But will we win others? I Senate Republican Task Force on Ad- was too far from immediate market re- started the ATP because I saw our justing the Defense Based,’’ June 22, sults; and even those companies that competitors overseas moving to de- 1992. would have continued their research velop and commercialize American Unfortunately, in 1994 politics without ATP awards would have done ideas before we could, in areas such as intruded because some Senators wor- so much more slowly or at a lower superconductivity. ried that ATP grants might be made in level of effort. And the race continues. Numerous a political fashion. But this is the A January 1996 report conducted by small ATP winners tell us that their purest program you will find. Expert Silber and Associates provided further foreign competitors are often no more panels make the decisions—not the positive comments from industry. Of than 12 to 18 months behind them. This Secretary of Commerce, not the White the companies surveyed, many main- is not surprising. While American firms House, not any Member of Congress. tain that the ATP has been the life- have difficulty getting private capital Several States that have no Demo- blood of their company’s innovative re- for long-term research that will not cratic Senators or Governor do very search efforts, permitting them to ven- pay off quickly, other governments in- well under the ATP, including Texas ture into arenas new to U.S. industry. vest heavily in programs to support ci- and Pennsylvania. The ATP now sup- Sixth, while the ATP is still new, it vilian technology. This year, the Japa- ports 276 research projects around the already has generated some real tech- nese will spend $1.4 billion on national country, involving 757 research partici- nical successes—successes that in the technology research programs for in- pants in 41 States. The ATP is not years ahead will create jobs and broad dustry. The European Union is invest- porked, has never been porked, and is benefits for our Nation. Later, I will ing $14.4 billion over 5 years in 20 spe- not used for partisan purposes. submit for the RECORD a detailed list of cific areas of research and technology, Fourth, the ATP is not corporate accomplishments, but for now I want and individual European governments welfare. This program is not a handout to mention three particular cases. are investing additional R&D amounts to deadbeats. The purpose of the ATP With help from ATP, Aastrom Bio- to help their economies. is not to subsidize companies but to sciences of Ann Arbor, MI, has devel- With the fall of the Berlin Wall and contract with the best companies to oped a prototype bioreactor that can the explosive growth of foreign tech- develop technologies important to the grow blood cells from a patient’s own nology programs, we need not only De- Nation as a whole. Companies also pay bone marrow cells. In 12 days, the bio- fense Department research programs half the costs, hardly welfare. More- reactor will produce billions of red and but also economic growth programs over, no ATP funds are ever used to white cells identical to the patient’s such as the ATP. And given the eco- subsidize product development in com- own—cells that then can be injected nomic insecurity facing the country, panies; it supports only development into the patient to boost the immune we should increase the ATP, not cut it. work up to basic prototypes. More than system. The benefits from this system We need to help American industry ac- half the awards go to small firms or will be astounding. Now that the basic celerate the development of new tech- joint ventures led by small firms. technology has been proven and pat- nologies, new industries, and new jobs. Fifth, both the ATP itself and the ented, Aastrom has received $20 million If you want to let other countries win larger principle of industry-govern- in private funds to turn the prototype the technology race, then kill the ATP. ment technology partnerships enjoy into a commercial product. Second, Congress has a serious obli- solid support and excellent evalua- With ATP help, the Auto Body Con- gation to honor our commitments to tions. In terms of industry’s views, I sortium—consisting of eight auto sup- companies and workers in ongoing ATP want to quote first an important July pliers, with support from Chrysler, projects. The pending bill acknowl- 1995 policy statement by the National General Motors, and the University of edged this when it included $235 million Association of Manufacturers (NAM) Michigan—have developed a new meas- in the unfunded title IV of the bill. I about technology partnership programs urement technology to make assembly- commend Chairman HATFIELD for in- in general: line manufacturing more precise. The cluding that provision. He put that in The NAM believes that the disproportion- result will be better fit-and-finish in so that if Congress can find the money, ately large cuts proposed in newer R&D pro- car production, resulting in lower man- then fiscal year 1996 commitments to grams are a mistake. R&D programs of more ufacturing costs and lower car mainte- some 200 current multiyear projects recent vintage enjoy considerable industry nance costs. The new system is now will be kept. Our amendment has an support for one simple fact: They are more being tested. actual offset for that $235 million, as relevant to today’s technology chal- Diamond Semiconductor of Glouces- well as enough additional money to lenges.... In particular, partnership and ter, MA, used its ATP award to develop bridge programs should not be singled out have a small new ATP competition in for elimination, but should receive a rel- a new, risky technology for helping to fiscal year 1996. Not passing our atively greater share of what federal R&D reliably use much larger semicon- amendment will, in fact, abruptly re- spending remains. These programs currently ductor wafers—the slices of silicon on duce the ATP from its fiscal year 1995 account for approximately 5 percent of fed- which computer chips are built. Dia- level of $341 million to a fiscal year 1996 eral R&D spending. The NAM suggests that mond Semiconductor’s equipment can level of zero—a draconian move that 15 percent may be a more appropriate level. be used to make 12-inch wafers, holding will hurt companies across the coun- Groups explicitly endorsing the ATP many more chips than the old 8-inch try. It will particularly hurt the 100 include the Coalition for Technology wafers. Now that the technology is companies in 25 States that won Partnerships, a group of over 100 com- proven, a much larger company, Varian awards in fiscal year 1995 and now need panies and other research organiza- Associates, has invested in turning this fiscal year 1996 funding to continue tions, and the Science and Technology system into a commercial product. their multi-year projects. These com- Working Group, representing over two Finally, there is one other key point. panies have hired staff and committed dozen scientific and engineering soci- The President supports this program their own matching funds. eties and other organizations. These and opposes any effort to abruptly ter- Third, I want to emphasize that over groups see the ATP as an important in- minate it. It is a fact that when he ve- the years the ATP has actually enjoyed vestment in America’s future pros- toed the earlier fiscal year 1996 Com- strong bipartisan support. The law cre- perity and strength. merce, Justice, State conference report ating the program passed during Presi- In addition, the General Accounting he cited two main reasons—cuts in the dent Reagan’s second term, and the Office [GAO] has conducted two re- COPS Program and elimination of the ATP received its first funds during the views of the ATP in the past year. De- ATP. ATP funding is needed in order to Bush administration. Mr. Bush’s Com- spite some assertions to the contrary, get the President’s signature and get merce Department wrote the rules for they speak highly of the program. GAO on with finishing appropriations bills the ATP, and did a good job. President found that the ATP had succeeded in for this current fiscal year. The sooner

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1820 CONGRESSIONAL RECORD — SENATE March 12, 1996 we resolve the ATP issue, the sooner vironmental technology and edu- The Government estimates that the we get on with solving this protracted cational technology. But I want to total amount owed to the Govern- budget impasse. mention them briefly here. ment—including both nontax debt and Mr. President, the ATP is one of our The amendment contains a $62 mil- tax debt—in 1995 was a staggering $125 most investments in long-term eco- lion add-back to support activities billion. The Internal Revenue Service nomic growth and jobs. For that rea- under the EPA’s environmental tech- already has authority under law to son, we need to pass the pending nology initiative [ETI]. The program withhold Federal tax returns for delin- amendment and fund the ATP. has two main purposes—to help accel- quent Federal debts, and the Treasury INFORMATION INFRASTRUCTURE ASSISTANCE erate the development, verification, Department’s Financial Management Mr. President, this amendment also and dissemination of new cleaner and Service may hold back certain nontax adds $32 million to the current bill’s $22 cheaper technologies, and to accelerate Federal benefits for delinquent Federal million for fiscal year 1996 funding for efforts by EPA and state environ- debts. NTIA’s Telecommunications and Infor- mental agencies to rewrite regulations So far, the Treasury Department has mation Infrastructure Assistance Pro- so that they do not lock in old tech- collected over $5 billion in bad debt gram [TIIAP]. The fiscal year 1995 fig- nologies. Innovative environmental through reductions—offsets—in Fed- ure was $42 million. technologies offer a win-win oppor- eral tax credits. But there is a larger TIIAP is a highly competitive, merit- tunity—high levels of protection at problem. Many other Federal agencies based grant program that provides seed lower costs for industry. In the process, do not have the resources to invest in money for innovative, practical infor- we also can help a growing U.S. indus- debt collection, or their mission does mation technology projects throughout try that exports environmental protec- not include debt collection, or they the United States. TIIAP helps to con- tion technology and creates jobs here face too many restrictions in using the nect schools, libraries, hospitals, and at home. The $62 million will help with available tools. On March 22, 1995, the community centers to new tele- these important activities. President’s Council on Integrity and In the case of educational tech- communications systems. Examples in- Efficiency, which is composed of agen- nology, title I of the committee clude connecting schools to the vast re- cy inspectors general, reported on the amendment to H.R. 3019 already pro- sources of the Internet, improved need for a Governmentwide system of vides additional funds for educational health care communications for elderly reducing Federal payments to research and technology, and I com- patients in their homes, and extending delinquents. mend members of the Appropriations emergency telephone service in rural Based on this problem, legislation Committee for that step. Our amend- areas. Projects are cost shared, and has been proposed by a bipartisan ment would simply clarify that of have yielded nearly $2 of non-Federal group of legislators, acting with the those funds now in title I of the bill, support for every Federal dollar spent. support of the administration. In the $23 million is for the highly regarded Many of the awards go to underserved House, the main bill is H.R. 2234, the technology learning challenge grants. rural and inner-city areas. Debt Collection Improvement Act, in- This is a competitive, peer-reviewed In fiscal year 1995, NTIA received troduced by Congressman HORN, Con- program. Under this program, schools 1,811 applications, with proposals from gresswoman MALONEY, and others. The work with computer companies, soft- all 50 States, and was able to fund 117 Senate companion bill is S. 1234, intro- ware companies, universities, and oth- awards. duced by our distinguished colleague ers to develop innovative software and With the recent enactment of the from Iowa, Senator HARKIN. Finally, a computer tools for improving basic Telecommunications Act of 1996, more version of this proposal was included in classroom curricula. The challenge communities that ever will be faced the House version of last year’s budget grants are seed money for alliances of with both new information infrastruc- reconciliation legislation, H.R. 2517. So educators and industrial partners to ture challenges and opportunities. this idea of improving Federal debt col- develop new computer applications in Schools, hospitals, and libraries all lection enjoys strong bipartisan sup- reading, writing, geometry and other need help hooking up and applying this port. math, and vocational education. In As included in our amendment, the technology to their needs. The money short, we are developing new ways to debt-collection proposal has several this amendment would provide for fis- use computers to improve learning. key provisions. First, the Treasury will cal year 1996 will enable dozens of addi- In the first competition, held last be able to reduce certain Federal pay- tional communities to connect to, and year, the Education Department re- ments to individuals who owe the Gov- benefit from, the new telecommuni- ceived 500 proposals and was able to ernment money. Veterans Affairs bene- cations revolution. make only 19 awards. Clearly, there are fits would be exempt from this offset TECHNOLOGY ADMINISTRATION many more outstanding, valuable pro- process. Other benefit payments such Our amendment also would add $4.5 posals out there. The $23 million of fis- as social security, railroad retirement, million to the $5 million that H.R. cal year 1996 funding would allow more and black lung payments will reduce 3019’s title I provides to DOC’s Tech- of these important projects. after a $10,000 combined annual exemp- nology Administration [TA] appropria- THE OFFSET: IMPROVED DEBT COLLECTION tion. Other agencies can cooperate in tions account. Of that additional Before concluding, Mr. President, I this process by giving information to amount, $2 million will help TA and its want to mention briefly the offset that the Treasury regarding delinquent Office of Technology Policy [OTP] this amendment provides to pay for debt, although steps will be taken to maintain its role in coordinating the these technology program add-backs. protect the legitimate privacy of indi- new-generation vehicle project, orga- As mentioned, CBO has scored this pro- viduals. nizing industry benchmarking studies, posal as providing $440 million in fiscal Second, Federal agencies will have and serving as the secretariat for the year 1996 funds, more than enough to access to the computerized information United States-Israel Science and Tech- offset the $389.5 million in add-backs and can dock the pay of Federal em- nology Commission. The other $2.5 mil- included in the amendment. ployees who owe the Government lion is for a new activity endorsed by The offsetting funds come from a up- money. the Committee amendment’s title IV— graded Federal process, created in this Third, people who have delinquent actual joint projects between the amendment, for improving the collec- Federal debts will be barred from ob- United States and Israel in technology tion of money owed to the Government taining Federal loans or loan guaran- and in harmonizing technical regula- and for denying certain Federal pay- tees. tions so as to promote high-technology ments to individuals who owe such Fourth, the Social Security Adminis- trade between the countries. money to the Government. In short, we tration, the Customs Service, and the ENVIRONMENTAL TECHNOLOGY AND will not give certain Federal payments legislative and judicial branches of the EDUCATIONAL TECHNOLOGY to people who are delinquent in paying Federal Government will be authorized Mr. President, I will let others speak their debts to the Government, and we to use debt collection tools, such as in greater detail about two of the pro- will give Federal agencies new author- credit bureaus and private collection grams covered in this amendment—en- ity to collect such debts. agencies.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1821 Mr. President, this is a sound pro- become fractured over the past 45 years the appropriations bill, have turned posal for collecting money from dead- in the cold war—intentionally, if you back efforts on the other side of the beats and docking their Federal pay- please, because we sacrificed to keep Capitol to try to write in these par- ments until they pay the funds they the allies together in the cold war. So ticular projects. owe. It is fair, and it simply improves we willingly gave up market share try- So we have protected the authen- the process for carrying out debt-col- ing to develop capitalism not just in ticity of the program as being nonpork. lection authorities agencies already Europe, but particularly in the Pacific Thereupon, having passed peer review, have. rim, and it has worked. The Marshall highly ranked proposals have to go to a CONCLUSION Plan has worked. With the fall of the source selection board. The source se- Mr. President, America’s success at Berlin Wall, however, now is the time lection board are civil servants, as we home and abroad is like a stool that to rebuild the strength of our economy. all know, of no political affiliation. On rests on three legs. First, our strength Our problem is, right to the point, a competitive basis, they make the de- that you can willingly—for national and success depend on our military cision, not Secretary BROWN, not Presi- defense, military security—conduct re- power, which is now undisputed in an dent Clinton, not Senator HOLLINGS, or age where we are the world’s only su- search without any matching funds any other Senator or Congressman, perpower. Second are our values, of whatever. You can go right to the but, rather, that is the way these family and country. They are strong heart of it and give out the money. But awards have been made. There have and can be stronger still. The third leg, all of a sudden, Mr. President, when we been no violations of it. We are proud though, is our economic strength. And come to the matter of economic secu- of its record. That is why it has the here we face serious challenges. As the rity—which is really the competition confidence of the National Association New York Times has recently docu- now in global affairs—we hear criti- of Manufacturers. That is why it re- mented, too many Americans live with cism even though the ATP requires ceives the endorsement of the Council growing economic insecurity. Layoffs matching funds, a dollar of private on Competitiveness, and every par- abound, and many of the jobs that once money for every dollar of Government ticular industry group you can possibly went to Americans have gone overseas. money we expend. The law requires 50 imagine have come forward and said Accelerating the development of new percent from industry. The track this is the way to do it. That has to do high-technology industries and jobs is record is 60 percent of the money by in- with the pork part. The other part with not a complete solution. We also need a dustry itself. Yet when they come with respect to the long-range financing for vigorous trade policy to pry open for- it, all of a sudden we hear talk about long-term technologies has to be un- eign markets and reduce unfair dump- pork. derstood. ing of foreign products. We need better Let me take up the matter of pork education and training for all Ameri- because that is the reason we are into Back at that particular time, when cans. We need to make real progress, this particular dilemma. The program we were writing the legislation years not phony progress, on the Federal def- at hand is working in most of the 50 ago, Newsweek reported an analysis icit, so that interest rates can fall fur- States with hundreds of different con- predicting that maintaining the cur- ther. tracts awarded. They are awarded over rent hands-off policies toward industry But technology policy is one key step for 3- and 5-year periods, and they have and research, namely, the matter of in national economic recovery and led into commercialization, which we commercialization of our technology, strength, and the four programs this will soon touch upon. could cause the United States to be amendment supports are key parts of Senator DANFORTH and I set this up locked into a technological decline. an effective, nonporked national tech- in the late 1980’s. I was chairman of the They said, and I quote, that it would nology policy. We know that earlier Commerce Committee at that par- add $225 billion to the annual trade def- technology cooperation between indus- ticular time. We wanted to make sure, icit by the year 2010 and put 2 million try and Government has helped create back in 1988—the Trade Act of 1988 is Americans out of work. entire American industries—from agri- where it was added—we wanted to There are various other articles we culture to aircraft to computers and make sure that it would not be exactly had at that particular time, and wit- biotechnology. Much of Government’s what is it accused of being today, nesses. I quote particularly from Alan support came through the Defense De- namely, pork. So we set down various Wolff: partment, which was appropriate dur- guidelines in the particular measure In 1990, a Wall Street analyst commented ing World War II and the cold war. But itself, and it was implemented in a to a group of U.S. semiconductor executives now the Berlin Wall has fallen, and very, very successful way by, I should that the goal of people investing in stocks is now our Nation’s greatest challenge is say, President Bush’s administration. to make money. That is what capitalism is economic, not military. We therefore No. 1, the industry has to come and all about. It is not a charity. I can’t tell my need to strengthen civilian programs make the request. It is not the Govern- brokers, ‘‘Gee, I am sorry about your client, to stimulate technologies important to ment picking winners or losers. It is but investing in the semiconductor industry the industry picking the winner. They is good for the country.’’ While the indi- the civilian economy and civilian jobs. vidual was stating a truth, obviously, he was To do less is to condemn our Nation have to come with at least 50 percent touching on a fundamental dilemma con- and its workers in the long run to sec- of the money. fronting U.S. industry today in light of the ond-rate status and more, not less, eco- Thereupon, the experts in technology investor sentiment expressed above. How is a nomic insecurity. and business, including retired execu- company to maintain the level of investment For these reasons, I urge our col- tives selected by the Industrial Re- needed to remain competitive over the long leagues to pass this important amend- search Institute, have to peer review term, particularly if there is no prospect of ment. the particular proposals. Mr. President, a short-term or short-run payoff, or foreign Mr. President, at this point I want to they have to look it over and make competition has destroyed the prospect of make a few additional points about the sure that the submission would really earning a return on that investment? importance of technology and the Ad- pass muster. I know it particularly That is the points that answers a vanced Technology Program in par- well because my textile industry came charge sometimes made with respect to ticular. To begin with, we must re- with a request for computerization two recent GAO reports. Critics of the member that our strength as a Nation that they thought was unique. But it Advanced Technology Program quote is like a three-legged stool. We have did not pass muster and was not given GAO’s statement where it said that the one leg—the values of the Nation— the award. They do not have an Ad- half of those who had been given which is unquestionably strong. We vanced Technology Program award. In- awards, when asked if they would have have sacrificed for the hungry in Soma- cidentally, I guess they heard ahead of continued their research without the lia, for democracy in Haiti, for peace in time about my discipline of not mak- awards, said they would have contin- Bosnia. We have the second leg, Mr. ing any calls. I never made a call to the ued. But by way of emphasis, these President, of military strength, which White House or anybody in the Com- critics do not mention the next GAO is also unquestioned. But the third merce Department in favor of any pro- finding, namely, that none of them said leg—that of economic strength—has posal. I would rather, at the markup of they would have ever continued as

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1822 CONGRESSIONAL RECORD — SENATE March 12, 1996 quickly or with the same degree of in- The figure we have in the particular Craig Fields, President and CEO, MCC. vestment. With Government assist- amendment is $41 million less than the Edward B. Fort, Chancellor, North Caro- ance, they are able to expedite their re- fiscal year 1995 level—$131 million less lina Agricultural and Technical State Uni- search and therefore have been able to than the original 1995 level that existed versity. meet the foreign competition. But note before rescissions. We propose that John S. Foster, Consultant, TRW, Inc., and Chairman, Defense Science Board. that GAO reported that half the win- there be a cut, not even a freeze. Of our $300 million, we are trying to bring up William Happer, Director, Office of Energy ners said they would not have contin- Research, U.S. Department of Energy. some $235 million to honor commit- ued their research without Government Joseph S. Hezir, Principal, EOP Group, and assistance. They would have abandoned ments to projects that have already re- former Deputy Assistant Director, Energy it. ceived their awards and now need to and Science Division, OMB. We would have lost valid, good re- complete them. We do not want to cut Richard K. Lester, Director, Industrial search projects without this Advanced them off in half completion. Performance Center, MIT. Technology Program. I think the em- Let me commend the distinguished John W. Lyons, Director, National Insti- phasis should be made at this par- chairman of our Appropriations Com- tute for Standards and Technology. ticular time that GAO has made a fa- mittee, Senator HATFIELD of Oregon, in Daniel P. McCurdy, Manager, Technology vorable report, and that the program is realizing and confronting this problem. Policy, IBM. doing exactly what was intended to do. He did not have the money. He put the Joseph G. Morone, Professor, Rensselaer $235 million in title IV, but he said, Polytechnic Institute, School of Manage- It confronts exactly the particular di- ‘‘Look, if we can possibly find the ment. lemma we find ourselves in with re- money in offsets in title IV, then this Al Narath, President, Sandia National spect to the operation of the stock should be completed.’’ It is not a way Laboratories. market. It can go up 171 points one day for the Government to do business and Richard R. Nelson, Professor, Columbia and come back 110 points the next day. University. build up the confidence that is so much They look for short-term turnarounds William D. Phillips, Former Associate Di- besieged this day and age. The Govern- and everything else of that kind, and rector of Industrial Technology, Office of ment is trying to build up these part- does not focus on the long-term, in- Science & Technology Policy. nerships and work together in research cluding long-term technologies. That is Lois Rice, Guest Scholar, Brookings Insti- with industry and with the college tution. why the working group headed by the campuses. It is wrong to take valid distinguished Senator from New Mex- Nathan Rosenberg, Director of Program for programs that have no objection to Technology & Economic Growth, Stanford ico, Senator BINGAMAN, calls for the them, no pork, no waste, fraud, and University. various securities law reforms. So we abuse, and only tremendous success, Howard D. Samuel, President, Industrial can do away, perhaps, with the quar- and then come with a fetish against Union Department, AFL–CIO. terly report and actually meet the them because they appear as pork to Hubert J.P. Schoemaker, President and long-term investment competition that some on the other side of the Capitol, CEO, Centocor, Inc. we confront, particularly in the Pacific and then to walk lockstep like it is Charles Shanley, Director of Technology Planning, Motorola Inc. rim. part of a contract. Again, I want to emphasize that ex- Richard H. van Atta, Research Staff Mem- We had, in qualifying this program, ber, Institute for Defense Analyses. pert panels make the decisions, not the by way of emphasis, a series of hear- Secretary of Commerce. Several States Robert M. White, Under Secretary for ings back in the 1980’s. We also had Technology, U.S. Department of Commerce. that have no Democratic Senators or soon after that particular time the Eugene Wong, Associate Director of Indus- Governor do very well in the ATP, in- Competitiveness Policy Council, with trial Technology, Office of Science & Tech- cluding Texas and Pennsylvania. The many members appointed by President nology Policy. Advanced Technology Program now in- Reagan. He appointed the former head Mr. HOLLINGS. Mr. President, in volves some 760 research participants. of the National Science Foundation, August 1992, we also had the National It supports 280 projects around the Erich Bloch, who was designated chair- Science Board itself. I will read a cou- country and in some 41 States. man of the Council’s Critical Tech- ple of things and not put it in its en- The Advanced Technology Program nologies Subcouncil. They endorsed the tirety into the RECORD, which we would is not corporate welfare. It is not a ATP. be glad to do. But the National Science handout to deadbeats. The purpose of I ask unanimous consent that the Board concluded: the Advanced Technology Program is critical technology subcouncil listing Stronger Federal leadership is needed in not to subsidize companies but to con- of these outstanding individuals be setting the course for U.S. technological tract with the best companies to de- printed in the RECORD. competitiveness. Implementation of a na- velop technologies important to the There being no objection, the mate- tional technology policy, including estab- Nation as a whole. Companies must rial was ordered to be printed in the lishment of a rationale and guidelines for pay, as I pointed out, at least half of RECORD, as follows: Federal action, should receive the highest the amount when they come and may COMPETITIVENESS POLICY COUNCIL priority. The start of such a policy was set apply to the Advanced Technology Pro- CRITICAL TECHNOLOGIES SUBCOUNCIL, 1993 forth 2 years ago by the President’s Office of Science and Technology Policy, but more gram. The ATP itself is the larger prin- Chairman Erich Bloch, Distinguished Fel- forceful action is needed by the President cipal of industry-Government tech- low, Council on Competitiveness. David Cheney, Staff Director. and Congress before there is further erosion nology partnerships which enjoy solid in the United States technological position. support and excellent evaluations. MEMBERSHIP They made the recommendation to In terms of industry’s views, I want Eleanor Baum, Dean, Albert Nerken expand and strengthen the Manufac- to quote first an important July 1995 School of Engineering, Cooper Union. Frederick M. Bernthal, Deputy Director, turing Technology Centers Program, policy statement by the National Asso- National Science Foundation. the State Technology Extension Pro- ciation of Manufacturers: Sherwood L. Boehlert, U.S. House of Rep- gram, the National Institute of Stand- resentatives. The National Association of Manufacturers ards and Technology, and I quote, believes that the disproportionately large Michael G. Borrus, Co-director, Berkeley cuts proposed in newer R&D programs are a Roundtable on International Economics. ‘‘Further expand NIST’s Advanced mistake. R&D programs of more recent vin- Rick Boucher, U.S. House of Representa- Technology Program.’’ That was very tage enjoy considerable industry support for tives. important, therefore, the National Lewis M. Branscomb, Professor, Harvard one simple fact: They are more relevant to Science Board and its findings at that University. today’s technology challenges. In particular, Daniel Burton, Executive Vice President, particular time. partnership and bridge programs should not Council on Competitiveness. Going back to 1987 for a moment, Mr. be singled out for elimination, but should re- Dennis Chamot, Executive Assistant to the President, we led off our original series ceive a relatively greater share of what Fed- President, Department of Professional Em- of technology hearings that year with eral R&D spending remains. These programs ployees, AFL–CIO. the distinguished entrepreneur, tech- currently account for approximately 5 per- John Deutch, Professor, MIT. cent of Federal R&D spending. The National John W. Diggs, Deputy Director for Extra- nologist, professor, industrial leader, Association of Manufacturers suggest that 15 mural Research, Department of Health and dean at the University of Texas Busi- percent may be a more appropriate level. Human Services. ness School, Dr. George Kosmetsky,

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1823 who had helped create the Microelec- class products, services and industrial proc- GenCorp. tronics Technology and Computer Cor- esses. ATP research priorities are set by in- GeneTrace Systems Inc. poration down in Austin, TX. We fol- dustry. The selection process is fair, and Hercules, Inc. lowed his testimony with the Council based entirely on technical and business Higher Education Manufacturing Process merit. Half of all ATP awards and joint ven- Applications Consortium. on Competitiveness. tures go to small business directed partner- Honeywell Inc. I will read just part of a Council on ships. Today, as indication of the success of IBM Corporation. Competitiveness statement written not this program, quality proposals in pursuit of I-Kinetics. long after that particular time. ATP funds far outstrips available funds. Institute for Interconnecting & Packaging The United States is already losing badly The real payoff of the ATP is the long- of Electronic Circuits (IPC). in many critical technologies. Unless the Na- term economic growth potential for the com- Intermagnetics General Corporation. tion acts today to promote the development panies involved with the program, and the Intermetrics, Inc. of generic industrial technology, its techno- creation of new jobs. The ATP is a model of Intervac, Vacuum Systems Division. logical position will erode further, with dis- industry/government partnerships which ISCO, Inc. astrous consequences for American jobs, eco- benefits the nation as a whole, again by Joint Ventures Silicon Valley. nomic growth, and national security. The leveraging industrial capital to pursue new Kaman Electromagnetic Corporation. Federal Government should view support for technologies. Without ATP, these techno- Kopin Corporation. generic industrial technology as a priority logical opportunities would be slowed, or ul- Light Age, Inc. mission. It is important to note that this timately forfeited to foreign competitors Material Sciences Corp. mission would not require major new Federal more able to make key investments in Matrix Construction & Engineering. funding. Additional funds for generic tech- longer-term, higher risk research, such as is Maxoptix Corporation. nology programs are required. Other Federal the focus of ATP. Merchant Gasses-Praxair, Inc. R&D programs, such as national prestige We urge you to adequately fund the Ad- Merix Corporation. projects, should be redirected or phased in vanced Technology Program as you begin Mocropolis Corporation. Milwaukee School of Engineering. more slowly to allow more resources to be mark-up of the authorization bill. The ATP Molecular Tool. focused on generic technology. is essential, cost effective and timely for the economic growth of our country. Please con- Moog, Inc. Of course, Mr. President, these tact either Taffy Kingscott at 202/515–5193 or MRS Technologies, Inc. themes were included and touched Tom Sellers at 202/728–3606 if you have any MultiLythics, Inc. upon in our hearings and legislation, questions or if we can be of any assistance. Murray, Scher, & Montgomery. and we have been more or less off and Nanophase. COALITION FOR TECHNOLOGY PARTNERSHIPS National Coalition for Advanced Manufac- running since then. The Coalition for Technology Partnerships We have, finally, by way of endorse- turing. has been formed by a group of small, medium National Semiconductor. ment, the Coalition for Technology and large businesses, trade associations and National Storage Industry Consortrium Partnerships. It has over 130 members, technical societies on the principle that (NSIC). a combination of companies, trade as- technology partnerships between govern- National Tooling & Machining Association. sociations, different companies them- ment and industry reflect the realities of to- Nelco International Corporation. selves, such as the American Elec- day’s budget climate and technology devel- New Mexico Technology Enterprises Divi- tronic Association, and several univer- opment mechanisms. sion. Advance Circuits, Inc. sities that work with industry on ATP Norfolk Shipbuilding & Drydock Corpora- Advanced Machining Dynamics. tion. projects. Aerospace Industries Association. North Carolina Industrial Extension Serv- Mr. President, I ask unanimous con- Air Conditioning & Refrigeration Institute. ice. sent to have printed in the RECORD at Alaska Technology Transfer Assistance Ohio Aerospace Institute. this particular point a letter from the Center. Optex Corporation. Coalition for Technology Partnership American Electronics Association. The Pennsylvania State University. along with the listing of membership. American Concrete Institute. Philadelphia College of Textiles & Science. There being no objection, the mate- Amoco Performance Products, Inc. Photonics Imaging. Andersen Consulting. rial was ordered to be printed in the Physical Optics Corporation. Aphios Corporation. Planar Systems. RECORD, as follows: Apple Computer. Praxair, Inc. COALITION FOR Applied Medical Informatics (AMI). PS Enterprises. TECHNOLOGY PARTNERSHIPS (CTP), Arizona State Univ.-College of Engineering Real-Rite Corporation. Washington, DC, July 6, 1995. & Applied Science. Rensselaer Polytechnic Institute. HON. ERNEST F. HOLLINGS, Armstrong World Industries, Inc. Rosemount Aerospace, Inc. Russell Senate Office Bldg., Array Comm., Inc. Sagent Corporation. Washington, DC. Atlantic Research Corporation. Semiconductor Equipment and Materials DEAR SENATOR HOLLINGS: The undersigned Babcock & Wilcox. International. members of the Coalition for Technology BioHybrid Technologies Inc. SI. Diamond Technology, Inc. Partnerships respectfully ask for your sup- Biotechnology Industry Organization. Silicon Valley Group. port of the Advanced Technology Program Brunswick Composites. Silicon Video Corporation. (ATP). We understand that the Senate Com- CALMAC Manufacturing Corporation. Society of the Plastics Industry, Inc. merce, Science, and Transportation Commit- The Carborundum Company. Solar Engineering Applications, Corp. tees will be marking up the FY Department Clean Air Now. Solarex. of Commerce Authorization bill in late July. CNA Consulting Engineers. South Bay Business Environmental Coali- We are concerned by the House Science Com- Coal Technology Corporation. tion. mittee and the House Appropriations Com- Columbia Bay Company. Spectrian, Inc. merce, Justice, State, the Judiciary, and Re- Council on Superconductivity. Suppliers of Advanced Composite. lated Agencies Subcommittee vote to elimi- Cubicon. Materials Association. nate the ATP and are writing to outline our Cybo Robots, Inc. System Management Arts. views on this essential program. Dakota Technologies, Inc. TCOM LP. The Coalition for Technology Partnerships Dell Computer. Technology Service Corporation. applauds your efforts to cut the federal budg- Diamond Semiconductor Group. 3M. et deficit and to streamline the federal gov- Dow Chemical Company. Tektronix, Inc. ernment, but we caution against sacrificing Dow-United Technologies Composite Prod- Texas Instruments. technology partnerships, such as the ATP, ucts, Inc. Third Wave Technologies, Inc. that are essential to our international com- Dragon Systems, Inc. Thomas Electronics. petitiveness. DuPont. Tissue Engineering, Inc. The ATP has enjoyed wide-spread industry Edison Materials Technology Center. Touchstone Technologies. support and participation. The basic mission The Electorlyser Corporation. Trans Science Corp. of the ATP is to fund research programs with Energy BioSystems Corporation. Trellis Software & Controls, Inc. a significant potential for stimulating eco- Erie County Technical Institute. TULIP Memory Systems, Inc. nomic growth and improving the long-term Fairfield University-Center for Global United States Advanced Ceramics Associa- competitiveness of U.S. industry. The ATP is Competitiveness. tion. already achieving this goal, by cost-sharing FED Corporation. University of Pittsburgh. research to foster new innovative tech- Foster-Miller, Inc. University of South Florida. nologies that create opportunities for world- FSI Corporation, Inc. UES, Inc.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1824 CONGRESSIONAL RECORD — SENATE March 12, 1996 United Technology Corporation. would add to the deficit this year. In using a short wavelength laser; adapt- Vysis, Inc. order to avoid a point of order, he has ive video coding for information net- Watkins-Johnson, Inc. claimed it as an emergency. works; and the list goes on and on and West Virginia High Tech Consortium. I know, as many people know, that on—real-time micro-PCR analysis sys- West Virginia University. technology is an important part of our XXsys. tems. Is it an emergency that we fund economy and that it creates a lot of real-time micro-PCR analysis systems? Mr. HOLLINGS. Mr. President, I jobs, especially in my part of the coun- Has this Government come to the point think I have covered some of the high- try, but I do not think that the Federal where that is defined as an emergency? lights. The real problem that we have Government going out and picking I really have to say that, on the face of here is, in essence, that now everyone winners and losers in the field of tech- it, this is a bit hard to talk about with is on the hustings out on the campaign nology represents an emergency under a straight face. trail talking technology, jobs, talk, any definition of what an emergency is. AMENDMENT NO. 3475 TO AMENDMENT NO. 3474 talk. What we would hope is that the Even if you could agree with this pro- Mr. GREGG. So, I am going to send President would want to walk here this gram, the program itself has some very afternoon and that we could get an an amendment in the second degree severe, fundamental flaws because it is which strikes chapter 3, which is the agreement not to increase ATP funding a picking of winners and losers by the this year, not even have a freeze, but emergency language of this amend- Government, for which the Govern- ment, to the desk and ask for its imme- let us continue with these particular ment has never been very good at pick- projects now ongoing and now starting diate consideration. ing winners and losers in the area of The PRESIDING OFFICER. The to pay off, with the companies having technology. And I point out a large clerk will report the amendment. done their fair share. The program has number of very significant failures of The bill clerk read as follows: seen a substantial cut, but let us not the Government in deciding where the have total elimination—where we have The Senator from New Hampshire [Mr. appropriate technology of the time GREGG] proposes an amendment numbered good industries working in partnership should be, such as the Synfuels Pro- 3475 to amendment No. 3474. with the Federal Government success- gram, such as the Clinch River breeder Mr. GREGG. Mr. President, I ask fully—and not cut them off halfway reactor. And the list goes on and on. unanimous consent that reading of the through a particular endeavor. But, even if you were to give the amendment be dispensed with. I yield the floor. Government some credibility and the The PRESIDING OFFICER. Without Mr. GREGG addressed the Chair. ability to go into the marketplace and objection, it is so ordered. The PRESIDING OFFICER. The Sen- pick winners and losers, which I hap- The amendment is as follows: ator from New Hampshire. pen to think is foolish on its face, but Strike chapter 3 of the pending amendment Mr. GREGG. Mr. President, I appre- even if you were to give it that credi- in its entirety. ciate the long and tireless commitment bility, you could under no cir- Mr. GREGG. I ask for the yeas and of the Senator from South Carolina to cumstances—under no circumstances— nays. this issue, certainly items such as the conceive of that as an emergency. That The PRESIDING OFFICER. Is there a Hollings Centers for Excellence, which is like saying whether we lay out a sufficient second? involves working with industry and the four-lane highway or a two-lane high- There is a sufficient second. Government in attempting to dissemi- way determines an emergency. This is The yeas and nays were ordered. nate knowledge on how to better man- the business of the Government. This is Mr. KERRY addressed the Chair. ufacture, and on which he has, appro- the ordinary and common business of The PRESIDING OFFICER (Mr. priately, his name. But this proposal the Government. And to claim it as an ABRAHAM). The Senator from Massa- which he has brought forth today has a emergency is, on its face, farfetched chusetts. number of fundamental flaws. and hard to accept. Mr. KERRY. Mr. President, the man- The first flaw is that it has not been So just on the technical grounds that ager is rising. I do not want to be—— scored by CBO, so we really do not this clearly is not an emergency and Mr. HOLLINGS. Mr. President, I ask know how much it costs. The second therefore should not be raised to the the Senator to let me answer two or flaw is that it does not seem to be off- level of an emergency—if we are going three points that I think should be set. The third flaw is to the extent it is to do that, we might as well fund all clarified. offset, the offset has not been scored. functions of Government as an emer- The PRESIDING OFFICER. The Sen- To the extent it is offset by the terms gency and just ignore the concept of ator from South Carolina. of the amendment itself, no offset oc- the deficit, ignore the concept of fiscal Mr. HOLLINGS. With respect to curs with this coming fiscal year. responsibility as put upon us by the emergency, I thought, Mr. President, So to the extent that this amend- Budget Act. On those grounds, I am that coming out of New Hampshire, my ment generates costs this coming year, going to strongly oppose this amend- distinguished colleague would under- there is no offset. So it adds to the def- ment. stand small business. I traveled that icit. I also happen to oppose it on sub- State extensively. If you have 20 or 30 In order to get around that, the Sen- stantive grounds in that I think this employees and you have received a ator from South Carolina has invoked program is of questionable value. Let grant and you put up half the money the emergency clause. The emergency me list a few things here that have and you are halfway through the par- clause was not, I do not think, ever been funded under this program. I sus- ticular project still soliciting finance conceived of to be used for the purposes pect they are good programs, but I on the open market and you have every of funding what amounts to corporate want you to ask, are these emer- promising indication that that is going welfare. That is what this is. You gencies? These are almost all experi- to happen, and then all of a sudden the know, a lot of people are walking mental undertakings. We do not know Government cuts it off and you know around here saying ‘‘corporate welfare, if they have any commercial use at all. already from the very beginning that corporate welfare,’’ looking for the We do not know if anybody is going to you had a need that could not be an- face of corporate welfare. This is the benefit from them at all except people swered by normal banking sources, you face of corporate welfare. The emer- who happen to be doing the work and are under an emergency. gency clause is for floods and other cri- get paid. It is like going down to your It is not an emergency because of any ses of significant proportions which are local technology company and saying, particular technology. It is an emer- inordinate and which are unusual and ‘‘Hey, we will hire a few folks for you gency because of the situation facing which we need to respond to because to do this project.’’ these small companies. The Senator there is an emergency. Is that an emergency? I hardly think addresses his comments with respect to But what we have here is a desire by so. Let me list some of these things: a the technology. I am talking about $235 the Senator to fund an undertaking Nobel x ray source for CT scanners; a million needed to maintain contracts which the committee decided not to flexible, low-cost laser machine for that have already been awarded after fund, and in so doing he would be vio- motor vehicle manufacturing; an ultra- going through all of this, getting the lating the budgetary rules because it high-performance optical tape drive financing, setting up the operation,

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1825 getting half way through and then fac- There being no objection, the letter of the Debt Collection Improvement Act of ing a cutoff. That is an emergency. But was ordered to be printed in the 1996, a chapter within a proposed amendment the emergency designation in my RECORD, as follows: to H.R. 3019, as provided to CBO on March 8, amendment is not necessary, in a U.S. CONGRESS, 1996. I estimate that the proposed legislation CONGRESSIONAL BUDGET OFFICE, sense, because we do have a favorable would reduce direct spending by about $525 Washington, DC, March 12, 1996. million over the 1996–2002 period and would offset and scoring, Mr. President. When MEMORANDUM increase revenues by about $24 million over the Senator says it is not scored, let To: Patrick Windham, Senate Committee on the same period. The following table pro- me say that on March 12, today, we Commerce, Science, and Transportation. vides my year-by-year estimates. have a memorandum from John Right- From: John Righter, Congressional Budget er of the Congressional Budget Office, Office. on: ‘‘The scoring of the Debt Collection Subject: Preliminary scoring of the ‘‘Debt Collection Improvement Act of 1996,’’ Improvement Act of 1996, chapter 2, of Chapter 2 of a proposed amendment to H.R. a proposed amendment to H.R. 3019.’’ I 3019. ask unanimous consent it be printed in As you requested, I have prepared a pre- the RECORD. liminary estimate of the budgetary impact IMPACT OF DEBT COLLECTION IMPROVEMENT ACT OF 1996 ON DIRECT SPENDING AND REVENUES [By fiscal year, in millions of dollars]

1996 1997 1998 1999 2000 2001 2002

Changes in direct spending:1 Estimated budget authority ...... ¥440 ¥20 ¥10 ¥10 ¥15 ¥15 ¥15 Estimated outlays ...... ¥440 ¥20 ¥10 ¥10 ¥15 ¥15 ¥15 Additional revenues: Estimated revenues ...... 0 3 3 3 3 6 6 Under the Federal Credit Reform Act of 1990, the budgetary impact of a modification that alters the subsidy cost of existing direct loans or loan guarantee is calculated as the estimated present value of the change in cash flows from the modification. This amount is recorded in the budget in the year in which the legislation is enacted. Consequently, savings in direct spending for the existing loans and guarantees under federal credit programs affected by this pro- posal are shown in fiscal year 1996. In addition, the legislation would affect direct spending in future years by reducing the subsidiaries for mandatory loan programs by use of new collection authorities present in the proposal.

Changes in Direct Spending. The seven- in the President’s Balanced Budget Act of I read from page 24: year totals in estimated savings in direct 1995 is closest to the proposed amendment to The task force endorses two programs of spending include about $475 million for new H.R. 3019. the National Institute of Standards and For the President’s plan, CBO prelimi- and enhanced offset authorities, including Technology as important to the effort to narily estimated that the debt collection the authority to offset a portion of Social promote technology transfer to allow indus- provisions would reduce direct spending by Security Administration, Railroad Retire- tries to convert to civilian activities. These about $550 million over the 1996–2002 period, ment Board, and Black Lung payments for programs are the Manufacturing Technology recipients who are delinquent on a debt owed or about $65 million more than this estimate. The reduced savings result from the use of Program and the Advanced Technology Pro- to the federal government and who are gram. scheduled to receive more than $10,000 in fed- different sets of economic assumptions. For eral benefit payments over a 12-month pe- the President’s plan, CBO was directed to re- Now, Mr. President, the distin- riod. For example, assume an individual cur- vise and update its economic assumptions, guished leadership over on my chair- rently is delinquent on an education loan which yielded a higher present value for the man’s side of the aisle did not get into and is also expected to receive $12,000 in So- increase in collections of credit debt. For the that litany then about picking winners cial Security and other federal payments proposed amendment to H.R. 3019, I have used the economic assumptions that underlie and losers. Making that claim is poll- over the next 12 months. Under the proposed ster politics and pap. That is nonsense. language, Treasury could offset as much as the Budget Resolution for Fiscal Year 1996, $166 of each monthly Social Security pay- as required by law. Because the projected It is not picking winners and losers. ment and transfer this money to Education rate for marketable Treasury securities is When we had the semiconductor prob- in partial satisfaction of the recipient’s de- higher in the economic assumptions used for lems and put in Sematech, it was not linquent loan. (The $166 results from dividing the budget resolution, the present value of winners and losers. Industry came back 12 into $2,000, which is the amount the recipi- the collections is lower. in there. Then we get to the aircraft in- Please do not hesitate to contact me at 6– ent’s total federal benefits exceeds the 2860 if you have any questions. dustry; we get to agricultural tech- $10,000 exemption.) nology; we have the telecommuni- Mr. HOLLINGS. I thank the distin- The seven-year totals also include about cations technology. We can go right on $15 million for the removal of limitation on guished Chair. the collection of delinquent debts by the So- Mr. President, they have: ‘‘Changes down the list where Government has cial Security Administration and the U.S. in direct spending, estimated budget worked successfully in partnership, and Customs Service, as well as about $5 million authority, minus $440 million; esti- we do not hear about picking winners for the expanded use of nonjudicial fore- mated outlays, minus $440 million.’’ So and losers. And now here in the Ad- closure of federal mortgages. The Rural it has been scored, and the offset does vanced Technology Program comes the Housing and Community Development Serv- industry itself working with the Gov- ice at the Department of Agriculture and the produce real savings. Now, we are back to the old wag, Mr. ernment, and using political state- Small Business Administration could use the ments to the effect of winners and los- latter authority to shorten their foreclosure President, of winners and losers and process by about 6 to 12 months, thus de- winners and losers and winners and los- ers and pork they just present symbols creasing their holding costs. ers in the Government. Earlier, I tried and labels and hope to kill the program In addition, I estimate that the bill would to emphasize this issue in the most that way. That is not debating it on its reduce the projected subsidy cost for manda- courteous fashion, but I will have to do merits. The task force of my distin- tory loan or loan guarantees that would be it in the most direct fashion. Let me guished friends on the other side of the made in future years by about $30 million for refer specifically to a key report, and I aisle, a dozen of them, found it was the 1997–2002 period. read this and quote it exactly, Mr. very, very important, including the Additional Revenues. Additional revenues majority leader. And it has not would result from adjusting the value of ex- President: ‘‘Report of the Senate Re- isting civil monetary penalties for changes publican Task Force on Adjusting the changed a bit. It is being administered in inflation. The bill would provide for an Defense Base, June 25, 1992,’’ by Sen- properly, and no one contests that. No initial adjustment of no more than 10 per- ator WARREN RUDMAN, Senator HANK one wants to talk of the merit of the cent within six months of enactment, with BROWN, Senator WILLIAM COHEN, Sen- program or something that ask wheth- subsequent adjustments to occur at least ator JOHN DANFORTH, Senator PETE er anything may have gone awry. They once every four years. DOMENICI, Senator ORRIN HATCH, Sen- still want to use the symbols. Previous Estimate. As part of the Presi- ator NANCY KASSEBAUM, Senator TRENT I yield the floor. dent’s plan to balance the budget, CBO pro- vided an estimate of the Debt Collection Im- LOTT, Senator RICHARD LUGAR, Senator Mr. KERRY. Mr. President, I wish to provement Act of 1995 on December 13, 1995. JOHN MCCAIN, Senator JOHN SEYMOUR, join my colleague from South Carolina CBO has provided estimates of other debt SENATOR TED STEVENS, and Senator in supporting his amendment, and I re- collection initiatives; however, the language JOHN WARNER. gret the characterizations of my friend

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1826 CONGRESSIONAL RECORD — SENATE March 12, 1996 from New Hampshire, the southern por- deeply committed to energy and cer- Mr. President, the Council on Com- tion of which certainly has a signifi- tain kinds of environmental research. petitiveness finds that a 10-percent in- cant amount of technology companies We actually went so far—we, I was not crease in workers’ education levels that are in partnership with the Fed- in the Senate then—but the Senate yields almost a 9-percent gain in work- eral Government. went so far and we as a Nation went so place productivity, more than twice It seems to me the arguments that far as to create the Energy Institute in the rate of run for the same investment are made by the Senator from New Colorado. Professors literally gave up in tools or in machinery. Every year of Hampshire fundamentally avoid the re- tenure at certain universities and went postsecondary education or training ality that we confront in the market- out to Colorado and invested in the no- boosts the lifetime earnings of an indi- place and that our companies are con- tion that the United States of America vidual by 6 to 12 percent. fronting in the marketplace today. It was committed to major energy re- So here we are wrestling in this would be nice if we could just sit here search. country with the problem of dimin- and say the Government should not be What happened? Along came Ronald ished earnings of 80 percent of Amer- involved in this or that and proceed Reagan and a different attitude about ica—80 percent of America—that has along. But the reality is that the gov- Government involvement in energy. So not had an increase in their take-home ernments of every country against we pulled the plug on the research in- household income in the last 13 years. which we compete are deeply involved stitute. People were thrown back out We know you can have a 6 to 12-percent in major commitments to science, to into the street, and, lo and behold, increase by investing in their skill lev- technology, to research, to develop- what happened? The Japanese and the els in the transfer of technology to ment, and even carry those commit- Germans picked up the leadership in human beings. That is what the Sen- ments way out into the marketplace in photovoltaics and renewable energy re- ator from South Carolina and I and order to effect pricing and the mar- sources, and all of a sudden, in the others are trying to do here. keting of the products that come out of post-cold-war era, as the prior Com- In Massachusetts, we have been able their companies. We are not living in a munist bloc countries suddenly wake to have about one-third of our work sort of pure Adam Smith world where up to what they have done to the Dan- force employed in these kinds of en- everybody can sit around and say, gee, ube River or to the region around Kijev deavors, and we find that they are al- the Government should not be doing where you can pick up ashes in your ways more productive and they always this, should not be doing that. hand and there is not a living bush pay higher wages. Every government of every industri- within a mile of their powerplants, Let me give you an example, perhaps, alized country in the world is engaged they suddenly said, ‘‘We have to do Mr. President. The ATP, the Advanced in what most of us would consider to be something about this.’’ Technology Program, and the NTIA unfair trade practices in subsidizing Where do they go? Not to the United grants and the EPA envirotech and their companies’ efforts to penetrate States, because the United States had educational technology programs that the market of one country or another. lost the technology lead. So they go to would get an add-back under this make We know that our own marketplace, Germany and they go to Japan and a direct difference in the lives of our as efficient as it is—and it is efficient, they buy from them. Whose workers citizens. it is brilliant—but even in its bril- wind up benefiting? The Advanced Technology Program, liance, our marketplace does not al- That is a clear lesson, Mr. President. for instance, helped Dr. Richard What I am suggesting is this is not ways respond in the ways that we Yohannis of Data Medic in Waltham, an enormous boondoggle or giveaway. would like it to or as rapidly as we MA, to create an automated medical This is a program that is set up with might like it to in the development of data gathering and processing system peer review. It is a highly competitive new products. In fact, from the great that will improve the quality of care at grant structure. It is one where there expenditures on defense of the late Boston Children’s Hospital and reduce has to be some likelihood of a frontier 1950’s and on, we have seen a remark- at least $560,000 of administrative that is going to provide new jobs under able number of purely Government-cre- costs. the definition of the critical tech- ated markets emerge, Government-cre- Private banks and venture capital nologies that most countries have rec- groups would not finance this idea. So ated products emerge: Teflon, Gortex, ognized as critical technologies. digitalization, the Internet. Lester Thurow, one of the eminent without the ATP’s matching support, Here we are with the Internet itself, scholars and thinkers of Massachusetts Dr. Yohannis’ idea simply would not the fastest growing market in the at MIT, recently noted that we are liv- have become a reality. With it, we save United States today. Some 30 million ing in an age where industrialized na- $560,000 and we create jobs and provide people have access to it, and it is grow- tions like the United States are not better health care. ing at 300,000 people a month. Who cre- going to achieve economic growth by Another example: The National Tele- ated it? The Government. The Govern- conquering new lands or amassing communications and Infrastructure As- ment was able to create it because the greater natural resources, or even sistance Program is helping Massachu- Government was able to leverage in- through further revolutions in tech- setts Information Infrastructure to vestment or make a fundamental pri- nology necessarily, which are the tra- begin to wire schools and libraries and mary investment that no private dollar ditional pathways that countries have local government entities to the infor- was willing to do because of the risk taken to greatness. He said we are mation superhighway. NTIA now has level. going to have to do it by investing in more than 80 matching grant requests Every one of us knows that in the human capital. pending from equally deserving groups capital markets of the United States, American business has demonstrated in the State of Massachusetts. Without we have a relatively small amount of an impressive ability to develop new the NTIA’s support, the 352 MII sites money that goes into pure venture cap- products and to invest in the tech- around Massachusetts would simply ital. The last time I looked, which was nology that is needed to give us those still be on the waiting ramp on the in- some time ago, it was somewhere in new products. But the record of invest- formation highway. the vicinity of $30 billion or so. That ing in workers has fallen far short of Now I ask a simple question. We just venture capital pool often does not go what is necessary to maintain the lead- overwhelmingly adopted an amend- for some of the job-creating efforts ership position in today’s global envi- ment to raise the level of education in that are critical on the cutting edge of ronment. this country. Here is a grant that links technology. Mr. President, if we look at these those schools and our students in their Mr. President, I think we have add-backs, what we see is a combina- math and science capabilities to the in- learned enough in the last few years tion of the best of both worlds: An ef- formation highway, to the future, to about our need to try to build the part- fort to try to invest in technology and jobs and to the world. I think that is an nership, if you will, to guarantee that an effort to try to invest in human cap- emergency. we are on the cutting edge of certain ital. The only reason it is required to be technologies. We saw that in the early Let me just quickly underscore a treated as an emergency is because our 1980’s. I can remember when we were couple of those areas, if I may. friends on the other side of the aisle,

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1827 most of them, do not think it is an I urge my colleagues to increase our could have profound effects on future emergency and do not want it at all. investment in the ATP because that is R&D. The studies also agree that ATP And instead of having a 50-vote deci- what it is, an investment. And it is an has speeded up research, cutting sion on the floor of the Senate, which investment that will yield a high re- months off of the R&D cycle. Global is what you get by defining it as an turn in high-wage jobs and in long- competition in high technology moves emergency, they want it to be 60 votes, term economic growth. at a fast pace. And months can be crit- so the hurdle is harder to get over. We need a well-balanced Federal ical sometimes. This is not a fight over defining an R&D budget. We need a Federal R&D Let us be clear on one thing—this is emergency. It is not a fight over pork. budget that, of course, is strong in de- not just a Government program. ATP It is a fight over the priorities of this fense research, but not just defense, is industry-led. Industry picks the country and whether or not we ought which seemed to dominate research for technologies. Industry puts up 50 per- to be making a more significant com- many years. We need strength also in cent or more of the resources. Industry mitment to science and to technology. civilian research, in basic research, and takes the biggest risk. And to call this The Hollings amendment, gratefully, in applied research. And applied re- corporate welfare or picking winners would secure a critical commitment to search includes the development of and losers is just know-nothing non- technology. high-risk, high-payoff civilian tech- sense. People who have claimed that Let me give one last example. There nologies. have not looked at the program, or do are global demands for pollution con- We know that new technology ac- not know what they are talking about, trol, for waste disposal and remedial counts for one-half of long-term eco- or have some other agenda, because cleanup goods and services ranges from nomic growth. I repeat that. We know this is not corporate welfare or picking about $200 to $300 billion. Here is a $200 that new technology accounts for one- winners and losers. to $300 billion market waiting for us. half of the long-term economic growth ATP helps fund precompetitive re- In Massachusetts alone, the environ- of this country. search—research that lies in the gap mental industry is more than 1,500 We know that workers in high-tech- between basic research and commercial companies employing about 55,000 peo- nology industry are better paid than development. ATP focuses on high-risk ple, and it generates more than $5.5 bil- the average worker, in fact, on the av- potential breakthroughs, technical lion in sales. erage, 60 percent better paid. We know know-how that will benefit industry But some of their efforts simply can- that past public investment, in semi- across the board, that will boost na- not be engaged in without the leverage tional competitiveness and that will of these dollars, either from a basic conductors, in computers, in advanced materials, and in other technologies improve our lives. venture capital basis or banking basis ATP partners with companies in 31 have paid for themselves many, many or from fundamental risk taking in the States. That shows how widespread it times over. marketplace. is, 31 States. The companies are work- These technologies have been at the It seems to me, Mr. President, that it ing on quicker and easier genetic diag- heart of our economic expansion. We is extraordinarily valuable for this nostic tests, for instance, much smaller know that the private sector is cutting country to encourage and leverage the computer chips, better materials for back on long-term R&D in favor of transition of our workplace. When fiber optics and more. You say, are shorter term, more product-oriented 40,000 workers are downsized from these things important? Of course they work. AT&T, and those workers find it dif- are. And they can be multiplied over In 1989, I proposed legislation to cre- ficult to find the same level of paying and over. We could have a whole list ate what I called the ACTA, Advanced jobs and they wind up driving taxicabs here today. Those are just three exam- Civilian Technology Agency. It was or doing things at a whole different ples. level than they were trained for, we do going to be a counterpart to DARPA, In my State of Ohio, for example, not just lose their technical skill, we the Defense Advanced Research Project companies with ATP help are working lose their commitment, we lose their Agency. on 15 different projects ranging from morale, we lose the fabric of our com- The purpose of ACTA was to help put high-temperature, high-pressure toler- munities. U.S. industry on an even footing with ant enzymes for the chemical food and It seems to me that nothing should competitors who had the benefit of diagnostic industries to gene therapy gain a greater focus from the U.S. Sen- teaming with their Governments. for the treatment of cardiovascular dis- ate except for education as a whole Team Japan and Team Germany, for ease. than the effort to transfer science from example, ensure that their companies Most of the projects are geared to the laboratory to the marketplace, to quickly develop, produce, and market moving U.S. manufacturing well into take it from laboratory to shelf as rap- new products. They use tools ranging the 21st century. There are projects on idly as possible. from R&D tax credits and low-interest ceramics, composites, long optical This effort has proven its ability to loans to research consortiums. There is polymers, metal powders, superabra- do that. It is not pork. It is a funda- no single, magic silver bullet. sives and extremely precise measuring mental commitment of this country to Congress decided against a new agen- technologies—all in the areas of break- science and to technology itself. And I cy and instead created the Advanced throughs that would have an enormous hope colleagues will join together in Technology Program, ATP, within an impact on our society and on our in- adding back this critical funding. existing agency. NIST has managed the dustry. Mr. GLENN addressed the Chair. ATP, I think by any measure, in an ex- Let me take as an example the first The PRESIDING OFFICER. The Sen- emplary fashion. But now, after 6 of these—ceramics. People say, ‘‘ce- ator from Ohio. years, some of my colleagues want to ramics.’’ They think of dishes and Mr. GLENN. Mr. President, I rise in kill this promising young program, things that you hold water in, vases, strong support for this amendment. I without, I think, even understanding things like that. But if we make a listened carefully to my colleague from what it is they are killing. major breakthrough in high-tempera- Massachusetts and I agree with him I think it would be very short-sighted ture ceramics, so that we could coat completely. I will confine my remarks to kill a program just as it is starting turbine blades, or the inside of high- to the Advanced Technology Program, to have an impact. We have two recent temperature engine chambers, we could the ATP. studies of the ATP program. And they raise operating pressures and tempera- I have risen on this floor many times agree that the program has stimulated tures. That would let us make far more to talk about the importance of re- companies to join together, to collabo- efficient use of fuel. We could have search and the importance of moving rate, to form strategic alliances. smaller turbines and engines. We could research into industry and then into These partnerships are not easy for make electric cars much more prac- use—that is, the importance of devel- companies because they fear the loss of tical than they are now, when we have opment, and the importance of Govern- intellectual property rights, the loss of to store energy in lead acid batteries. ment’s role in areas where private cap- trade secrets, and the loss of control If we made a breakthrough in ceram- ital is not available even though maybe overall. But ATP has catalyzed ics, we make a whole new industry pos- it should be. changes in corporate behavior that sible. Breakthroughs in ceramics make

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1828 CONGRESSIONAL RECORD — SENATE March 12, 1996 breakthroughs possible in engines and Mr. HOLLINGS. There are various Let me describe just a few of these electric cars and a whole host of Senators that wanted to be heard. I innovative partnerships from around things. Each one of the technologies have agreed with the distinguished the country that have gotten off the that I mentioned can have that kind of chairman, Senator GREGG, we ought to ground because of TIIAP’s help: serendipitous effect on new industries move as expeditiously as possible to a Youth service organizations in New and new research in our country. vote. Haven, CT and East Palo, CA are work- These and other technologies that in- I suggest the absence of a quorum. ing together to link teenagers in the dustry is developing with the help of The PRESIDING OFFICER. The two cities to keep them off their ATP—not directly, but with the help of clerk will call the roll. streets and in their schools; ATP—will not only create jobs and en- The assistant legislative clerk pro- Physicians from big city medical hance productivity, but will make life ceeded to call the roll. centers in North Carolina are working healthier and the environment cleaner Mr. GREGG. Mr. President, I ask together with rural hospitals to pro- at much lower cost. We are just start- unanimous consent that the order for vide video teleconsultations and diag- ing to see the benefits of the ATP in the quorum call be rescinded. nostic images for emergency care; jobs and technologies coming to mar- The PRESIDING OFFICER. Without And in my home State, Castleton ket. objection, it is so ordered. State College has led a consortium of Mr. LEAHY. Mr. President, I rise in Some of our friends on the other side representatives from the private sec- strong support of the Senator from speak of the need to tear programs out tor, local government and education to South Carolina’s amendment to restore by their roots. That was one of the develop a telecommunications plan for funding for high-technology programs. statements I heard the other day. For west-central Vermont. I am proud to cosponsor this amend- programs like ATP and for programs to An TIIAP planning grant will bring ment to restore about $400 million to bring educational technology to our these Vermonters together to develop a these critical investments. This students, that is a prescription for an high-capacity telecommunications in- amendment is fully offset and will not economic wasteland. It will be an eco- frastructure to overcome the problems nomic disaster if we start tearing pro- add to the deficit. Unfortunately, the current bill cuts caused by their 15 local dialing areas. grams like this out by their roots. We TIIAP is about finding new ways to programs like the Advanced Tech- should, instead, be nurturing these pro- learn, to practice better medicine, and nology Program that invest in our fu- grams so that we and our children and to share information. It spurs the ture. Some in this Congress are trying our grandchildren can enjoy their growth of networks and infrastructure to abolish these high technology pro- fruits. in many different fields of tele- grams to claim they have ended a un- Mr. President, the United States has communications with only a small necessary, big-Government bureauc- grown to what it is today mainly be- Federal investment. It is essential and racy. Nothing could be further from cause we have been a research-oriented innovative. nation and a curious people, a people the truth. These high technology programs are This amendment also restores $62 willing to put money into inquiring million to the Environmental Protec- into the unknown. We have moved into more than necessary in today’s world. They are essential. tion Agency’s Environmental Tech- leadership in the world because of that nology Initiative. This initiative sup- type of curiosity, curiosity that has The world has shrunk because of ad- vances in technology and tele- ports private sector research and devel- been exhibited by our companies, by opment that protects our environment our colleges, by our universities, in- communications. Today, Americans do not just com- and generates innovative products for deed, by the Federal Government, in pete with each other, they compete the emerging environmental tech- taking the lead in these areas. with Japanese, Germans, New Zea- nology marketplace. This technology If there is one thing this Nation has the potential to create thousands should have learned throughout its his- landers, and the other citizens of our global economy. To meet the demands of jobs by developing new ways to clean tory, and I think we have learned, it is up polluted areas across the country. that money spent on research almost of this new world, we must develop and improve our expertise and infrastruc- For example, an EPA-supported tech- always pays off beyond anything we see nology was recently developed in at the outset. ture in advanced technology. Moreover, these high-technology pro- Vermont for the ecological treatment How can we not approve ATP? By my of wastewater. Living Technologies and reckoning we should be expanding it grams are not big Government. Because these technology programs Gardiner’s Supply in South Burlington, further rather than considering cutting provide Federal seed money, private Vermont are on the forefront of a new it out. technology that treats wastewater In closing, Mr. President, I urge my companies and public players have through a series of biological processes. colleagues to support this amendment. come together to form community- The Environmental Protection Agency I hope it passes for the good of this based projects. Many of these projects has played a fundamental role in join- country and for the future of this coun- must have matching funds from the ing quality environmental policy with try. private sector. This requirement had led to innovative networks with groups good economics. AMENDMENT NO. 3475 WITHDRAWN Mr. President, advanced technology Mr. GREGG. I ask unanimous con- that have never worked together be- fore. There is no Government redtape will be the key to our educational and sent that the yeas and nays be vitiated economic and economic success in the and that my amendment to strike be restricting these partnerships. Instead, Government seed money is making remainder of this decade and into the withdrawn. next millennium. We must keep our The PRESIDING OFFICER. Without these partnerships happen. commitment to master technology or objection, it is so ordered. We should be promoting programs So the amendment (No. 3475) was that foster these advanced technology we will be mastered by it. I urge my withdrawn. initiatives. And that is exactly what colleagues to support this amendment Mr. GREGG. Mr. President, I ask this amendment does. For instance, to restore vital funding for advanced that the yeas and nays be ordered on this amendment adds $32 million in technology programs. the underlying amendment of the Sen- funding for the Telecommunications Mr. LIEBERMAN. Mr. President, I ator from South Carolina. Information and Infrastructure Admin- rise in support of my friend Senator The PRESIDING OFFICER. Is there a istration Program [TIIAP]. HOLLINGS and praise him for proposing sufficient second? In today’s world of innovative tele- this technology amendent which I have There is a sufficient second. communications, this program helps us cosponsored along with my colleagues The yeas and nays were ordered. keep up with this constant change. minority leader DASCHLE, Senators Mr. GREGG. I continue my opposi- TIIAP develops partnerships with local KERREY, BINGAMAN, ROCKEFELLER, and tion to this amendment. I do not think governments, schools, hospitals, librar- KERREY. This amendment strives to ATP is a program we can fund at this ies and the business community to in- preserve research programs in tech- time. I think we should go with the ini- crease access to advanced information nology, education and the environment tial proposal. and communications. which are investments in our future.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1829 Cuts in research and development, What are our foreign competitors in wider varieties—and the product R&D are bad for America’s future. Now doing? You guessed it. Japan has an- must be delivered ‘‘just-in-time’’. ATP is not the time to pull out of federal in- nounced plans to double its R&D spend- funding is not a substitute for research vestments in these programs, including ing by 2000; it will actually pass the investments that industry would have the Advanced Technology Program United States in nondefense R&D in otherwise used for R&D. [ATP] and Technology Administration total dollars not just share of GDP. This program has attracted top- [TA], National Telecommunications This is an historic reversal. Germany, notch small-to-medium size companies and Information Administration Singapore, Taiwan, China, South who have lauded ATP. In an inde- [NTIA] which have a significant impact Korea, India are aggressively pro- pendent study, Semiconductor Equip- on high-wage jobs and maintaining moting R&D investment. Our lead in ment and Materials International U.S. leadership in the global economy. R&D has been our historic competitive [SEMI], an association comprised of Now is the time to protect our invest- advantage. If these trends continue, 1,400 small companies that manufac- ments, maintain our strong base, and that lead will shrink. Competing ad- ture materials and equipment for the build upon technology infrastructure vanced economies will be the winners if semiconductor manufacturers, found so that America will remain an eco- we cut technology programs that im- that 100 percent of the companies who nomic world leader. prove Government’s efficiency and the participated in ATP rated it very fa- Commerce’s Office of Technology taxpayer’s return on investment. vorably. Nearly two-thirds of the com- Policy recently issued a report which To keep building and renewing our panies surveyed by Industrial Research states: economy, we have to keep investing in Institute, an association of over 260 re- Although the federal Advanced Technology it. The numbers here are so bad they search companies who account for 80 programs represent only a small fraction of should be giving us fits: percent of industrially-performed R&D the federal R&D budget, they leverage We have a 20-year downward trend in in the U.S., only a small number of money in the public and private sectors, investment as a share of gross domes- which have received ATP awards rated causing an economic impact far larger than tic product—we’re at 11.2 percent for ATP with very high marks. that suggested by the program budgets 1995, behind 47 competitor nations. The impact of the partnership activi- alone. Moreover, they are the only mecha- The net national savings rate, which ties amongst Government, industry, nisms focused specifically on providing a factors in government deficits, aver- and academia is significant and far- bridge between the federal R&D investment reaching, according to a Silber and As- and the efforts of the private sector to re- aged 2.07 percent as a percent of GDP main globally competitive. These relatively from 1990 to 1994, compared to the 8.11 sociates study which interviewed every small investments in federal partnerships percent average in the 1960’s. The ATP industrial participant. I would play a central role in increasing the effi- household savings rate last year, which like to share with you some of the ciency of government mission research and doesn’t include the Government deficit, company responses: safeguarding the country’s prosperity.’’ is down to 4.6 percent; Japan’s is 14.8 We would not have done this research An essential part of improving eco- percent, France’s is 14.1 percent, and without the award. It absolutely enabled us. nomic growth is technological change. ... Germany’s is 12.3 percent. Obviously, We consider ATP a multiplier—by invest- A recent Council of Economic Advisors our overall investment rates are re- ing $3 million we gain access to $15 million report tells us that half or more of the lated to our R&D investment rate. worth of technology. . . . Nation’s productivity growth in the If you divide Government spending We particularly like that it wasn’t a grant, past half century has been from tech- into investment and consumption cat- but a match. This eliminated companies who nological innovation. Looking at a 15- egories, Government investments— just wanted a government subsidy . . . pro- year curve, the U.S. had growth in pri- items like education, R&D, and infra- motes putting your money where your mouth is. We’re seriously committed and vate sector R&D every year until the structure—are increasingly dwarfed by have already invested $2 million. 1990’s. That growth wasn’t huge—we major increases each year in entitle- ATP money encouraged us that a little were way behind the rate of growth of ment consumption spending. Federal company like us can be taken seriously. . . . competitor nations, but we had such a non-defense investment in the 1960’s in Leverage reduces cost and risk. . . . big lead after WW II that we could tol- these three categories was 23 percent of Collaborations, cooperation, and learning erate lower growth for awhile. But to operate in a consortium with competitors its outlays; it is now less than half were key outcomes. . . . since 1991, the private sector has annu- that. These numbers tell us that we’re ATP has clearly acted as a catalyst ally been cutting R&D spending. This slowly disinvesting in our economy. to develop new technologies and to fos- year, the American Association for the They tell us we may be starving our ter ongoing joint ventures within the Advancement of Science estimates long term growth. industrial R&D. Clearly, we should that Congress is implementing a 30-per- I would like to focus on the programs continue to support this program and cent cut in government non-defense that are victims under the proposed restore $300 million for it as proposed R&D. For the second year in a row the Appropriations bill we seek to amend, in this amendment. United States placed first in the World the Advanced Technology Program TA—Cuts in Commerce’s Technology Competitiveness Report in 1995, Japan, [ATP] and the Technology Administra- Administration will severely handicap top-ranked in 1993, fell to fourth and tion [TA], the National Telecommuni- our government’s ability to assess and Germany to sixth. But when you look cations and Informations Administra- strengthen the technology efforts of into the fine print of the report, it isn’t tion [NTIA], education technology and the American industry. How can we ex- so rosy. environmental technology. pect to improve U.S. economic com- The United States ranks only 9th in ATP—Investments in technology are petitiveness if we squeeze the ring- the people category because of its 30th investments in our future. ATP was en- master who oversees and assesses an place showing on adequacy of its edu- acted during the Bush administration important part of the U.S. R&D invest- cation system. The report also found to address technical challenges facing ment? TA requires an additional $2 the United States 40th in vulnerability the American industry. Industry has million above the $5 million slated in to imports, was 40th in gross domestic already begun to benefit from this pub- the Conference report to peer review savings, and it deteriorated to 29th in lic-private partnership which aims to critical programs such as The clean car public funding of nondefense R&D. accelerate development of high-risk, initiative, also known as the partner- We clearly lead the world in the long-term technologies. The nature of ship for the new generation of vehicles, mixed blessing of downsizing and have the marketplace has changed, and and to perform comprehensive com- garnered major productivity gains as a technological advances are a crucial petitive studies for many industrial result. But disturbing long-term eco- component in maintaining our stature sectors such as the chemical, semicon- nomic warning signals remain despite in the new world marketplace. Product ductor, banking and textile industry. all the profit-taking of the past 5 life cycles are getting more and more NTIA—The National Telecommuni- years. This is particularly true when compressed, so that the development of cations and Information Administra- you look at one of the basic long term new products must occur at a more and tion’s Telecommunication’s and Infor- building blocks of economic growth: re- more rapid pace. The market demands mation Infrastructure Assistance Pro- search and development. products faster, at higher quality and gram [TIIAP] serves a very important

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1830 CONGRESSIONAL RECORD — SENATE March 12, 1996 purpose in connecting public libraries, Mr. President, what the environ- South Carolina had designed the ATP schools and hospitals to state of the mental technology program has Program with the help of Republican art telecommunications services and amounted to is corporate pork. Mr. Senators like Warren Rudman. He had the Internet through its highly com- President, we cannot afford this sort of ensured that awards would be made on petitive cost-shared grant program. corporate subsidy. the basis of merit pursuant to competi- Last year, only 117 awards for 1800 ap- These sort of activities are not tion and that industry would play a plicants were given—that is fewer than geared to ensuring the U.S. gains a major role in selecting areas for com- 1 out of 15. To cut these programs that strong foothold in the market for envi- petition. He had ensured that there are in very high demand and essential ronmental technology, as the adminis- would be cost sharing from industry, so in promoting education, reducing tration has claimed. it was not just Government saying health care costs and providing more I should also add that the budget re- these technologies were worthy of fur- jobs is very short-sighted. The amend- quest for this program has quadrupled ther development. The firms them- ment restores $32 million which will from $30 million in fiscal year 1994 to selves were putting their money at enable TIIAP to provide 100–150 new $127 million in fiscal year 1996. Much of risk. Out of these Government-industry awards. TIIAP programs are not a free that funding has been passed through partnerships the Senator from South ride and demand high community in- from EPA to other agencies—NIST, Carolina expected to see real innova- volvement to be successful. DOE, agencies which have their own tion. He expected these partnerships to I strongly support investments in budgets for technology activities. This, bridge the gap between basic research education technology which will in- at a time when the administration at which we excel as a nation and prod- spire our children to enhance their cre- claims it cannot find funds to set uct development which the private sec- ativity and reading and math skills drinking water standards for tor should fully fund. All the reports using the innovative tools of Internet. cryptosporidium or control toxic water we have received tell us the program is The Environmental Technology Initia- pollutants. doing just that. And yet it is on the Given the importance of ensuring tive will secure a cleaner and brighter chopping block. America for our children and grand- that EPA’s limited resources are spent The same could be said for the other children with lighter, more fuel effi- on those activities resulting in the programs supported by the Hollings cient cars and innovative pollution most direct and significant gains to en- amendment. All had bipartisan origins. control technologies. vironmental protection, additional To summarize, continued U.S. gov- funding for this program above the $10 All are designed to provide real lever- ernment investment in R&D is critical million available in this bill is not ac- age for Federal funds by fostering part- at a time when our competition is in- ceptable. nerships and requiring cost sharing. creasing its R&D support. The cuts in Mr. BINGAMAN. Mr. President, I rise They are precisely the sort of programs ATP, NTIA, TA and education and en- in support of the Hollings technology we should be expanding as we approach vironment technology are unfounded programs amendment. I want to com- the 21st century. Instead, we are forced and simply serve to starve our long- mend the Senator from South Carolina into a debate on terminating them. term prospects of developing high-wage for his consistent advocacy of these Mr. President, I am going to close by jobs and maintaining U.S. leadership in programs for the entire 13 years I have displaying two charts which I have the global economy. had the honor to serve in this body. It used before over the past year on the Now is not the time to drop out of is disheartening for some of us to find Senate floor. The first shows Federal the global R&D race and shift toward a all of these programs so out of favor civilian research as a percentage of path toward technology bankruptcy. with many of our majority colleagues. gross domestic product. In the next few As I stated before, the American Acad- Mr. President, as we prepare for the years that spending is headed toward a emy for the Advancement of Science challenges and opportunities of the 21st half-century low. Is that how we should has estimated that if current congres- century, these technology programs be building a future for our children sional spending trends continue, our are among the last programs we should and grandchildren? Government will be cutting this R&D be sacrificing to balance the budget. I The second chart compares our Fed- investments by almost one-third over have given many speeches over the last eral civilian research spending with the next few years. Defense R&D will year about how misplaced our prior- that of the Japanese Government. Very be cut deeper than that. Our amend- ities are when we prepare to slash our soon, if not this year then in the next ment attempts to correct that error in civilian research and development pro- few years, Japanese Government re- some critical program areas. I urge my grams by one-third by 2002. And we are search and development investments colleagues to support this amendment. doing this at the same time the Pen- will exceed our own. That is a nation Mr. BOND. Mr. President, I rise in tagon is planning to slash research and with half our population and half our opposition to the Hollings amendment. development spending by 20 to 25 per- wealth. How long will we as a nation be The amendment includes $62 million cent in real terms in the same time pe- able to live off our previous research for EPA’s environmental technology riod. These next few years will be the investments? first time since World War II that this initiative, a program which the con- Mr. President, study after study has Nation will simultaneously cut both ci- ference agreement on the VA–HUD bill shown that Federal civilian research vilian and defense research. sought to reduce funding for, in order investments since World War II have to fund higher priority EPA programs. Four years ago this body knew that paid for themselves many times over. During consideration of the fiscal that was the wrong thing to do. We ex- We need to sustain that investment as year 1996 VA–HUD bill last fall, not a pected cuts in defense research spend- single member raised concerns about ing as a result of the end of the cold we head into the 21st century, particu- the reduction to this program in the war. But both the Rudman and Pryor larly since we will continue to cut de- committee markup, on the floor, or in task forces and the Bush administra- fense research investments in light of conference on the legislation. tion in 1992 advocated increases in ci- the end of the cold war. The Pentagon This program was initiated by Presi- vilian research spending to compensate is planning to make greater use of our dent Clinton 3 years ago, and a total of for the declines in defense research and civilian research programs to meet its $100 million has been appropriated for to keep pace with the investments needs at the same time we are cutting the first 2 years. What has the program other nations were making in civilian civilian research. accomplished? Not a whole lot as far as research. There was a consensus then The Senator from South Carolina is I can tell. that the Advanced Technology Pro- making a stand for some of our best ci- We have funded energy efficient gram was a program that needed to be vilian research investments. He stands housing conferences, lighting research expanded to provide opportunities for in a bipartisan tradition of supporting centers’ education of electric utilities firms to do precompetitive research, a civilian research that goes back to about the benefits of energy efficient term that President Bush coined, in a Presidents Truman and Eisenhower lighting, and marketing programs to cost-effective manner. and clearly included President Bush. increase the purchase of energy effi- The reason that we had that con- He stands against what one columnist, cient lighting products. sensus then was that the Senator from E.J. Dionne, Jr., in today’s Washington

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1831 Post called the ‘‘smash-the-state’’ rev- have access to computers and the technology programs that provide olutionaries, who want to demolish es- Internet. high-wage jobs for American workers. sentially all Government programs. Currently, however, many commu- This appropriations bill would make Government can work and has the nities do not have access to advanced short-sighted cuts to programs that capacity to make investments that do information or communications either build American industry, increase ex- great good for this country. Our re- at home, in the local school, or the ports, and promote American jobs. In search investments have been in that local library. I receive numerous let- the final analysis, these cuts would category for decades. They are Govern- ters and telephone calls from Nebras- damage the long-term economic pros- ment at its best, building a better fu- kans, particularly from educators and pects of American families. ture for our children. I urge my col- health care practitioners, who want af- The cuts I am talking about target leagues to stand with the Senator from fordable access to Internet and other the Department of Commerce, which South Carolina in support of these re- advanced telecommunications re- opponents label as unimportant to the search programs. Please vote for the sources. According to NTIA, this lack country. In fact, the Department of Hollings amendment. of access is most pronounced in rural Commerce is a Federal agency that Mr. KERREY. Mr. President, I sup- and inner city communities, which works day in and day out to help keep port the Hollings-Daschle technology could spell disaster for the future of American businesses one step ahead of amendment, which I am pleased to co- many youths. foreign rivals in an era of increasing sponsor. In particular, this amendment TIIAP is specifically designed to con- competition. It is the agency that sup- adds $32 million for the Telecommuni- nect these communities to the kinds of ports the kind of cutting-edge tech- cations Information and Infrastructure information they need to find edu- nologies crucial to U.S. businesses win- Assistance Program [TIIAP] under the cational opportunities, job training, ning the international trade wars and National Telecommunications and In- new employment, and better medical capturing markets for U.S. manufac- formation Administration [NTIA], care. tured goods at the dawn of the 21st cen- which I strongly support. TIIAP grants are bridging informa- tury. When TIIAP was slated for elimi- tion gaps for children from farming If we abandon our support for re- nation in the fiscal year 1996 Com- communities, who are downloading im- search and development in this time of merce-Justice-State-Judiciary appro- ages of the planets and exchanging e- expanding global markets, we will find priations bill (H.R. 2076), I offered an mail with space scientists. Emergency ourselves fighting an uphill battle for amendment with Senators SNOWE, room doctors in remote rural areas are economic security in the years ahead. DASCHLE, LEAHY, LIEBERMAN and JEF- using computer networks and video im- Not only are these cuts penny-wise and FORDS that restored $18.9 million for aging to consult with specialists in pound-foolish, they sacrifice our eco- this valuable program. The motion to major medical centers to diagnose in- nomic future for meager budget sav- table my amendment was defeated juries and deliver life-saving care. And ings. This bill would hold important pro- overwhelmingly by a bipartisan vote of teachers are upgrading their skills by grams hostage by making their funding 64 to 33, reversing a death sentence for taking advanced courses through the contingent on a budget agreement be- a competitive, merit-based program Internet without leaving their school tween the President and Congress. The that empowers people by linking rural building. TIIAP provides seed money contingency would require the passage and underserved communities to ad- for everything from computer links to of a separate bill necessary. vanced telecommunications tech- professional development to advanced The bill would withhold funding for nologies. software. the Advanced Technology Program, or Mr. President, the Federal seed Many innovative projects would ATP, which promotes research in money from TIIAP is generating part- never get off the ground without the cross-cutting technologies that are too nerships and matching investments assistance provided by this program. long term in payoff for private firms to that are helping communities in my TIIAP represents the best Federal in- pursue alone. The enabling tech- State of Nebraska and across the Na- vestment we can make in this area—it nologies developed under this program tion join the information revolution. In is oriented toward the future, it is help American firms compete in fast- Beatrice, NE, which previously had no highly competitive, and every Federal paced international markets. Other meaningful way to communicate elec- dollar is matched by one or more pri- governments are far more aggressive in tronically, a TIIAP grant is funding vate dollars. Grants totaling $24.4 mil- funding technology. the Beatrice Connection. Beginning lion in 1994 generated $40 million in Some of my colleagues have called next month, the Beatrice Connection matching funds to support projects in the Advanced Technology Program cor- will link the entire community—its health care, education, economic devel- porate welfare, but that misses the public schools, library, community col- opment, infrastructure planning, and point that the real benefactors are lege, city government, and residents— library services. American workers who will profit from using a metropolitan area network Mr. President, the constant fight to high-technology and high-wage jobs. [MAN] and wireless communications. fund TIIAP shows how difficult it is be- The ATP is a forward-looking cost-ef- In Lincoln, NE, TIIAP is empowering coming to make investments in the fective investment in America’s tech- people through InterLinc, which pro- United States as entitlement programs nology base essential to our long-term vides dial-up, toll-free Internet access continue to grow and consume large economic growth. To abandon it as this to low-income, ethnically diverse, and portions of the Federal budget. I am bill does is a mistake and a blow to rural areas of Lincoln and its sur- committed to reforming entitlements American competitiveness. rounding rural communities. InterLinc precisely because, if we fail to do so, The ATP is a young program, but also provides on-line access to Govern- programs like TIIAP and others funded early results show that it’s working. ment agencies, thus permitting citi- by the Hollings-Daschle amendment The Autobody Consortium from my zens greater ease in using Government will become a memory. home State of Michigan, for example, services. The amendment which I am cospon- used an ATP grant to develop a new Information and communications are soring today would fund 100 additional measurement technology that has led fast becoming the keys to economic TIIAP awards in fiscal year 1996, con- to dramatic improvements in reli- success in this country and around the necting more schools, libraries, and ability and performance of American world. By the 21st century, these indus- public health facilities to tele- cars. The technology is giving us a leg tries will represent close to one-sixth communications technology. I urge my up on foreign automakers. That means of the world economy. Yet according to colleagues to vote for the Hollings- that we’ll sell more cars and create a recent study, by the year 2000, 60 per- Daschle amendment, to ensure that more high-paying jobs for American cent of jobs in this country will require major portions of our country are not workers. skills held by only 20 percent of the left out of the information age. The Hollings amendment would res- population. Our kids will not be able to Mr. LEVIN. Mr. President, I support cue ATP funding from the proposed compete with a software programmer the Hollings amendment that would re- contingency fund so that ATP’s impor- in New Delhi or Tokyo if they do not store funding for key industry and tant work can continue uninterrupted.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1832 CONGRESSIONAL RECORD — SENATE March 12, 1996 It would also provide funds to allow though the United States has tradi- Many may not like the debt col- ATP to support new research rather tionally spent a lower percentage of lector. But, if the Government does not than only fund ongoing research. GDP on R&D than its competitors, it collect, other taxpayers must make the Another short-sighted measure of has always been first in absolute ex- payment instead. That is not fair. The this bill is the grab of funds set aside penditures. In the near future even this United States has billions of dollars in for the National Institute of Standards will change. By 1997, the Japanese Gov- uncollected debts. School loans unpaid, and Technology’s lab modernization ef- ernment will actually spent more on businesses that did not pay back the fort. NIST provides basic infrastruc- R&D, in total dollars, than the United SBA, farmers who did not pay their ture for the whole gamut of this coun- States. loans, all kinds of debts. Yet, the Gov- try’s industries by developing state-of- The proposed cuts to the Commerce ernment is writing checks to some of the-art measurement technologies. The Department budget are bad for the those same people month after month current facilities at the Institute are country and bad for my home State of for various payments anyway. The almost 40 years old and in desperate Michigan. Michigan is the third largest Government is making new loans on need of renovation or replacement. exporting State behind California and top of the old ones. And, those who do Without new facilities, NIST risks be- Texas. Last year, $35 billion in exports, not pay, usually suffer no damage to coming technologically obsolete and almost all from manufactured goods, their credit ratings. unable to continue its world-class re- supported about 500,000 Michigan jobs. Under this measure, that changes. search efforts. Thousands of Michigan companies ben- First, the collection of bad debts are While this bill restores half of the efit from the industry and technology more centralized and given to staff who funds taken in an earlier Senate support programs administered by the focus on collecting those debts, includ- version, it still takes back too much Department of Commerce. ing when necessary private attorneys. Many of those companies have writ- from the moneys set aside for the NIST Second, the Government can start gar- ten to me to offer their enthusiastic modernization effort. It also penalizes nishing most kinds of government pay- support for the Advanced Technology an agency that showed initiative and ments. Third, the Government is not Program and other Commerce Depart- restraint by husbanding these funds going to make new loans or loan guar- ment initiatives. over the years to make physical plant antees to those who don’t pay their investments. Why should any agency ‘‘NIST has a tradition of being a posi- tive contributor to the competitiveness debts. Fourth, the Government is going save money when accumulated savings to act like most businesses and will are snatched back and years of plan- of U.S. industry and the ATP program is an excellent example of how the fed- pass the information on to credit agen- ning demolished? cies. Fifth, the Government is going to The ATP and NIST modernization ef- eral government can help,’’ wrote Perceptron, a small high-technology be able to more efficiently forclose on fort are just 2 examples of many cuts property. And, the measure provides in critical industry and technology company in Farmington Hills. ‘‘With an expanding global economy for a lot of other provisions that makes programs. Other examples include the and increasing challenges facing U.S. it more likely that different parts of Telecommunications and Infrastruc- companies, U.S. businesses today have the Government will work together to ture Assistance Program, that provides a critical need for assistance from the make collecting bad debts a priority. seed money to connect our schools to U.S. Department of Commerce to enter The amendment also makes these the Internet, and the Environmental and successfully compete in world mar- methods available to collect delinquent Technology Initiative at EPA, that kets,’’ wrote the S.I. Company of Ann child care payments. Few causes are supports cost-shared development of Arbor. more significant to the cause of chil- innovative pollution-control tech- The Commerce Department ‘‘has con- dren living in poverty and women nologies. centrated on helping small- and me- going on welfare than the failure of It is wrong to cut cost-effective R&D dium-sized firms export. These are the parents to support the child. And, I programs to achieve minimal budget same companies that have driven our very strongly feel that the Government savings. If our primary goal in bal- surge in exports and our growth in em- should do more in that area. ancing the budget is long-term eco- ployment. Are we trying to ‘kill the nomic growth, then we should safe- Mr. GREGG. Mr. President, I suggest goose that lays the golden egg’?’’ wrote we go to vote. guard initiatives that will help us Keesee and Associates of Birmingham. reach that objective. The programs cut Mr. President, if we choose to turn VOTE ON AMENDMENT NO. 3474 in this bill are precisely the kind that our backs on technology at this crit- THE PRESIDING OFFICER. If there will promote long-term economic ical juncture, we weaken the prospects is no further debate, the question is on growth, by giving American firms the for a more productive, more prosperous agreeing to the amendment. technological edge they need to build America. I hope the Senate will adopt The clerk will call the roll. exports, increase profits, and create the Hollings amendment. The assistant legislative clerk called high-wage jobs. Mr. HARKIN. Mr. President, I strong- the roll. We are cutting our investment in in- ly support passage of the Hollings Mr. FORD. I announce that the Sen- dustry and technology at the same amendment. We need to keep our Na- ator from Louisiana [Mr. BREAUX] is time our competitors are stepping up tion on the cutting edge in technology necessarily absent. their efforts. A recent report by the and the amendment helps to do that. It Council of Economic Advisors [CEA] The results was announced—yeas 47, helps businesses bring creative ideas nays 52, as follows: showed that the United States invests into the international marketplace. It far less in technology and trade than promotes finding more efficient tech- The result was announced—yeas 47, our primary competitors. In fact, over nologies to reduce environmental prob- nays 52, as follows: the last two decades, the United States lems and it helps educational institu- [Rollcall Vote No. 28 Leg.] has increasingly lagged behind both tions provide the tools they need to YEAS—47 Germany and Japan in nondefense R&D teach our children with the latest com- Akaka Ford Lieberman expenditures as a percentage of GDP. puter technology. Baucus Glenn Mikulski We currently ranked dead last among I want to particularly note the debt Biden Graham Moseley-Braun our major trading partners in spending collection provisions contained in the Bingaman Harkin Moynihan Boxer Heflin to build exports. amendment. Because of those provi- Murray Bradley Hollings Nunn And the news gets worse, Mr. Presi- sions, CBO has scored the amendment Bryan Inouye Pell dent. The CEA report further reveals as fully paid for. The debt collection Bumpers Jeffords Pryor Burns Johnston Reid that the congressional budget resolu- provisions are complicated. But, its Byrd Kennedy Robb tion may slash Federal civilian R&D goal is very simple: The Government Conrad Kerrey Rockefeller spending by almost 30 percent by the needs to systematically do a better job Daschle Kerry Sarbanes year 2002. In contrast, the Japanese of collecting the money that is owed to Dodd Kohl Dorgan Lautenberg Simon Government plans to double its R&D it. And, it does a pretty poor job of Exon Leahy Wellstone investment by the year 2000. Even doing that now. Feinstein Levin Wyden

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1833 NAYS—52 cludes designation of the entire amount of infibulates the whole or any part of the labia Abraham Frist McConnell the request as an emergency requirement as majora or labia minora or clitoris of another Ashcroft Gorton Murkowski defined in the Balanced Budget and Emer- person who has not attained the age of 18 Bennett Gramm Nickles gency Deficit Control Act of 1985, as amend- years shall be fined under this title or im- Bond Grams Pressler ed, is transmitted to Congress. prisoned not more than 5 years, or both. Brown Grassley Roth DEPARTMENT OF THE TREASURY ‘‘(b) A surgical operation is not a violation Campbell Gregg Santorum of this section if the operation is— DEPARTMENTAL OFFICES Chafee Hatch Shelby ‘‘(1) necessary to the health of the person Coats Hatfield Simpson SALARIES AND EXPENSES on whom it is performed, and is performed by Cochran Helms Smith For an additional amount for emergency a person licensed in the place of its perform- Cohen Hutchison Snowe expenses necessary to enhance the Office of Coverdell Inhofe ance as a medical practitioner; or Specter Craig Kassebaum Foreign Assets Control’s efforts in the ‘‘(2) performed on a person in labor or who D’Amato Kempthorne Stevens United States to combat Middle Eastern ter- has just given birth and is performed for DeWine Kyl Thomas rorism, $3,000,000, to remain available until medical purposes connected with that labor Dole Lott Thompson expended: Provided, That such activities or birth by a person licensed in the place it Domenici Lugar Thurmond shall include efforts to enforce Executive is performed as a medical practitioner, mid- Faircloth Mack Warner Order 12947 (‘‘Prohibiting Transactions with wife, or person in training to be come such a Feingold McCain Terrorists Who Threaten to Disrupt the Mid- practitioner or midwife. NOT VOTING—1 dle East Peace Process’’) to prevent fund- ‘‘(c) In applying subsection (b)(1), no ac- count shall be taken of the effect on the per- Breaux raising in the United States on the behalf of organizations that support terror to under- son on whom the operation is to be per- So the amendment (No. 3474) was re- mine the peace process: Provided further, formed of any belief on the part of that or jected. That the entire amount is hereby designated any other person that the operation is re- The PRESIDING OFFICER (Mr. by Congress as an emergency requirement quired as a matter of custom or ritual. BROWN). The Senator from Nevada is pursuant to section 251(b)(2)(D)(I) of the Bal- ‘‘(d) Whoever knowingly denies to any per- recognized. anced Budget Act and Emergency Deficit son medical care or services or otherwise dis- Control Act of 1985, as amended: Provided fur- criminates against any person in the provi- Mr. REID. Mr. President, without sion of medical care or services, because— losing my right to the floor, I would ther, That the entire amount shall be avail- able only to the extent an official budget re- ‘‘(1) that person has undergone female cir- cumcision, excision, or infibulation; or like to yield to my friend from New quest, for a specific dollar amount, that in- ‘‘(2) that person has requested that female Hampshire. cludes designation of the entire amount of The PRESIDING OFFICER. Is there circumcision, excision, or infibulation be the request as an emergency requirement as performed on any person; objection? Without objection, it is so defined in the Balanced Budget and Emer- shall be fined under this title or imprisoned ordered. gency Deficit Control Act of 1985, as amend- not more than one year, or both.’’. AMENDMENT NOS. 3476 AND 3477 TO AMENDMENT ed, is transmitted to Congress. (2) The table of sections at the beginning of NO. 3466 chapter 7 of title 18, United States Code, is AMENDMENT NO. 3477 Mr. GREGG. Mr. President, I send amended by adding at the end of the fol- (Purpose: To amend title 18, United States two amendments to the desk and ask lowing new item: Code, to carry out certain obligations of ‘‘116. Female genital mutilation.’’. for their immediate consideration. the United States under the International The PRESIDING OFFICER. The (e)(1) The Secretary of Health and Human Covenant on Civil and Political Rights by Services shall do the following: clerk will report. prohibiting the practice of female cir- (A) Compile data on the number of females The legislative clerk read as follows: cumcision) living in the United States who have been The Senator from New Hampshire [Mr. At the appropriate place under the heading subjected to female genital mutilation GREGG], for Mr. LAUTENBERG, for himself, of ‘‘General Provisions’’ at the end of the (whether in the United States or in their Mr. HOLLINGS, and Mr. KERRY, proposes an bill, insert the following new section: countries of origin), including a specification amendment numbered 3476 to amendment SEC. .(a) This section may be cited as the of the number of girls under the age of 18 No. 3466. ‘‘Federal Prohibition of Female Genital Mu- who have been subjected to such mutilation. The Senator from New Hampshire [Mr. tilation Act of 1996’’. (B) Identify communities in the United GREGG], for Mr. REID, proposes an amend- (b) Congress finds that— States that practice female genital mutila- ment numbered 3477 to amendment No. 3466. (1) the practice of female genital mutila- tion, and design and carry out outreach ac- tion is carried out by members of certain Mr. GREGG. Mr. President, I ask tivities to educate individuals in the commu- cultural and religious groups within the nities on the physical and psychological unanimous consent that reading of the United States; health effects of such practice. Such out- amendments be dispensed with. (2) the practice of female genital mutila- reach activities shall be designed and imple- The PRESIDING OFFICER. Without tion often results in the occurrence of phys- mented in collaboration with representatives objection, it is so ordered. ical and psychological health effects that of the ethnic groups practicing such mutila- The amendments are as follows: harm the women involved; tion and with representatives of organiza- (3) such mutilation infringes upon the tions with expertise in preventing such prac- AMENDMENT NO. 3476 guarantees of rights and secured by Federal tice. At the appropriate places in Title II of the and State law, both statutory and constitu- (C) Develop recommendations for the edu- Hatfield Substitute amendment, insert the tional; cation of students of schools of medicine and following new sections: (4) the unique circumstances surrounding osteopathic medicine regarding female gen- DEPARTMENT OF JUSTICE the practice of female genital mutilation ital mutilation and complications arising place it beyond the ability of any single FEDERAL BUREAU OF INVESTIGATION from such mutilation. Such recommenda- State or local jurisdiction to control; tions shall be disseminated to such schools. SALARIES AND EXPENSES (5) the practice of female genital mutila- (2) For purposes of this subsection, the For an additional amount for emergency tion can be prohibited without abridging the term ‘‘female genital mutilation’’ means the expenses necessary to enhance the Federal exercise of any rights guaranteed under the removal of infibulation (or both) of the Bureau of Investigation’s efforts in the First Amendment to the Constitution or whole or part of the clitoris, the labia minor, United States to combat Middle Eastern ter- under any other law; and or the labia major. rorism, $7,000,000, to remain available until (6) Congress has the affirmation power (f) Subsection (e) shall take effect on the expended: Provided, That such activities under section 8 of article I of the Constitu- date of enactment of this Act, and the Sec- shall include efforts to enforce Executive tion, as well as under section 5 of the Four- retary of Health and Human Services shall Order 12947 (‘‘Prohibiting Transactions with teenth Amendment to the Constitution, to commence carrying out such section not Terrorists Who Threaten to Disrupt the Mid- enact such legislation. later than 90 days after the date of the enact- dle East Peace Process’’) to prevent fund- (c) It is the purpose of this section to pro- ment of this Act. Subsection (d) shall take raising in the United States on the behalf of tect and promote the public safety and effect on the date that is 180 days after the organizations that support terror to under- health and activities affecting interstate date of the enactment of this Act. mine the peace process: Provided further, commerce by establishing Federal criminal The PRESIDING OFFICER. The Sen- penalties for the performance of female gen- That the entire amount is hereby designated ator from New Hampshire. by Congress as an emergency requirement ital mutilation. (d)(1) Chapter 7 of title 18, United States Mr. GREGG. Mr. President, the first pursuant to section 251(b)(2)(D)(I) of the Bal- amendment is the Lautenberg-Hollings anced Budget Act and Emergency Deficit Code, is amended by adding at the end the Control Act of 1985, as amended: Provided fur- following new section: amendment which has been cleared on ther, That the entire amount shall be avail- ‘‘§ 116. Female genital mutilation both sides. The amendment would pro- able only to the extent an official budget re- ‘‘(a) Except as provided in subsection (b), vide $7 million for the FBI and $3 mil- quest, for a specific dollar amount, that in- whoever knowingly circumcises, excises, or lion for Treasury to combat Middle

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1834 CONGRESSIONAL RECORD — SENATE March 12, 1996 Eastern terrorism. Funds would only Transaction with Terrorists Who and her fiance, Matt Eisenfeld, from be available if and to the extent the Threaten to Disrupt the Middle East Connecticut. Another college student President designates such an emer- Peace Process.’’ Under that Executive from New Jersey, Alisa Flatow, was gency. order and subsequent notices that are killed last April in another Hamas sui- The second amendment is the Reid published by the Treasury Department, cide bombing. amendment dealing with female gen- American citizens are prohibited from My concern and the concern which ital mutilation. It has been cleared on making contributions to Hamas along this amendment addresses is that the both sides. with organizations and individuals that funds raised in this country may be I ask unanimous consent that both front for Hamas. Even more, the assets used by Hamas militants to take the amendments be agreed to. of such terrorists and terrorist organi- lives of both American and Israeli citi- The PRESIDING OFFICER. Is there zations are frozen by the Treasury De- zens. Although American citizens are objection? Without objection, both partment. That is in the Executive not detonating the bombs, they may be amendments are agreed to. order. providing the financial support which So the amendments (Nos. 3476 and Mr. President, I ask unanimous con- enables Hamas militants to pull the 3477) were agreed to. sent that a copy of the President’s Ex- pin. Mr. GREGG. Mr. President, I move to ecutive order be printed in the RECORD Since the Executive order went into reconsider the vote on the Hollings at the end of my statement. effect just over a year ago, some amendment. The PRESIDING OFFICER. Without progress has been made in stemming Mr. LAUTENBERG. I move to lay objection, it is so ordered. the flow of financial support from the that motion on the table. (See exhibit 1.) United States. Press reports indicate The motion to lay on the table was Mr. LAUTENBERG. Despite the ex- that $800,000 in assets have been agreed to. istence of this Executive order, Mr. blocked, unable to be transferred to Mr. GREGG. That motion ran to the President, from the United States, their Middle East recipients. Unfortu- Hollings amendment, which was offered funds are still being sent to Hamas, the nately, the dramatic increase in two amendments prior to this. organization that takes credit for sui- Hamas-supported violence reminds us The PRESIDING OFFICER. The cide bombings, for killing innocent that the job is far from done. Despite Chair thanks the Senator for the clari- people, for injuring scores of others. our efforts, Hamas militants continue fication. One report I heard on the radio this Mr. GREGG. I thank the Senator to gloat in the killing and continue to morning estimated that $10 million was make martyrs of the murderers. from Nevada for his cooperation. being sent annually by Americans to The graphic photographs of blood The PRESIDING OFFICER. The Sen- Hamas. from the Middle East compel us to re- ator from Nevada has the floor. By the way, that is tax-exempt, if my double our efforts to choke off support AMENDMENT NO. 3477 understanding is correct, tax-exempt in the United States for Hamas mili- Mr. REID. Mr. President, even funds to help terrorists work their das- tants. It is not enough to declare war though my friend from New Hampshire tardly deeds. Even the FBI acknowl- against fundraising Hamas’ militant has quietly offered an amendment that edges Americans are still contributing activities, but we need to put our has been accepted, it is extremely im- money to Hamas. In one article, Robert money where our mouth is and provide portant. It is an amendment that I Bryant, Assistant Director of the Fed- additional resources to get the job have been trying to pass for a number eral Bureau of Investigation’s National done, to stop terrorism. of years in this body. We have been Security Division, said, ‘‘U.S. financial successful, but it has been knocked out support is funding for Hamas.’’ The funding provided in this amend- in the other body. That deals with a I ask unanimous consent that a copy ment would enable our Government to subject which is difficult to talk about, of the article be printed in the RECORD accelerate investigations of individuals female genital mutilation. It is a hor- at the end of my remarks. and organizations that it has good rea- rible procedure that is perpetrated on The PRESIDING OFFICER. Without son to believe are attempting to fund women all over this world. What this objection, it is so ordered. the Hamas death machine. It would amendment does is stop it from being (See exhibit 2.) provide funding for additional analysts, done to women in the United States. Mr. LAUTENBERG. While some of equipment and intelligence-gathering I express my appreciation to my these contributions may not be used to equipment in the United States aimed friend from New Hampshire for making promote terrorism in the Middle East, at addressing this problem in the Mid- this part of the managers’ amendment I think we need to be more certain. dle East. to this legislation. Blood for the despicable murders in It will provide resources to allow for Mr. LAUTENBERG addressed the Israel that the world has witnessed in better tracing of funds once they leave Chair. the past few weeks is already on the the United States so that we can be The PRESIDING OFFICER. The Sen- hands of the Hamas militants. I do not more certain that American dollars are ator from New Jersey is recognized. want it on the hands of American citi- not ending up in the coffers of Hamas Mr. LAUTENBERG. Mr. President, I zens, as well. There are no words to ex- militants. It will provide resources to want to just take a few minutes. I have press sufficient outrage at the rash of promote greater efficiency in freezing waited patiently. I want to talk about Hamas-supported suicide bombings in the assets to stop bankrolling of ter- the Lautenberg-Hollings-Kerry amend- Israel. In four recent bus bombings, 48 rorism dead in its tracks. ment. Our amendment would provide $7 innocent people have been killed by Mr. President, this week our Presi- million for the Federal Bureau of In- Hamas madmen. Clearly, the United dent, Bill Clinton, will join world lead- vestigation and $3 million for the De- States has an interest in helping our ers at a summit in Egypt on terrorism. partment of the Treasury to address friend and ally, Israel, put an end to He has left already. He will, among the emergency of terrorism in the Mid- this madness. other things, call upon leaders in the dle East. We also have a more direct interest Middle East to redouble efforts to en- The funding would be used to en- at stake. Though Hamas militants aim sure that the financial wealth for these hance efforts to prevent illegal fund- to strike a blow to the peace process extremists is going to run dry. I ap- raising in the United States on behalf and in the psyche of the Israeli people, plaud his initiative and wish him well of organizations, such as the ill-famed its suicide bombs do not distinguish be- in this worthwhile endeavor. I hope Hamas organization, that support ter- tween soldier and citizen, between in- that he will say publicly that Syria’s ror to undermine the Middle East peace fant and adult, or even between Israeli unwillingness to come to the talks on process. and other nationals. terrorism, that their client state, Leb- Now, the funding we are proposing Unfortunately, two of the most re- anon, is essentially prohibited from would bolster the FBI and the Treasury cent victims of Hamas’ senseless vio- joining in these talks, is an action that Department’s efforts to promote great- lence were young adults from the we deplore. How can we believe and er enforcement of Executive Order United States. Two were from New Jer- how can the Israeli people believe that 12947, which is listed as ‘‘Prohibiting sey: Sarah Duker, from Teaneck, NJ, Syria will talk seriously about peace

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1835 when they will not come to a discus- to prevent another family from suffering the (d) the term ‘‘foreign person’’ means any sion about the reduction or elimination painful reality of terrorism. citizen or national of a foreign state (includ- of terrorism? Sincerely, ing any such individual who is also a citizen LISA KLINGHOFFER. or national of the United States) or any enti- I want the record to reflect accu- ILISA KLINGHOFFER. ty not organized solely under the laws of the rately, I think it is a terrible sign of ABRAHAM H. FOXMAN. United States or existing solely in the their intention about making peace. EXHIBIT 1 United States, but does not include a foreign Syria has to know that we here in the state. EXECUTIVE ORDER 12947 OF JANUARY 23, 1995— Sec. 3. I hereby determine that the making United States want them to be honest PROHIBITING TRANSACTIONS WITH TERROR- of donations of the type specified in section and forthcoming in their peace discus- ISTS WHO THREATEN TO DISRUPT THE MIDDLE 203(b)(2)(A) of IEEPA (50 U.S.C. 1702(b)(2)(A)) sion and not to come to a meeting that EAST PEACE PROCESS consists of tens of nations’ representa- by United States persons to persons des- By the authority vested in me as President ignated in or pursuant to this order would tives in the area, willing to discuss by the Constitution and the laws of the seriously impair my ability to deal with the peace, willing to discuss at least the United States of America, including the national emergency declared in this order, elimination of reduction of terrorism— International Emergency Economic Powers and hereby prohibit such donations as pro- I think reflects very badly on the seri- Act (50 U.S.C. 1701 et seq.) (IEEPA), the Na- vided by section 1 of this order. ousness of their view. tional Emergencies Act (50 U.S.C. 1601 et Sec. 4. (a) The Secretary of the Treasury, seq.), and section 301 of title 3, United States in consultation with the Secretary of State I can think of no better way of help- Code, ing our President succeed in his effort and, as appropriate, the Attorney General, is I, William J. Clinton, President of the hereby authorized to take such actions, in- to shut off the international funding United States of America, find that grave cluding the promulgation of rules and regu- spigot for Hamas’ terrorists than by acts of violence committed by foreign terror- lations, and to employ all powers granted to showing the world, as this amendment ists that disrupt the Middle East peace proc- me by IEEPA as may be necessary to carry would do, that we are doubling our ef- ess constitute an unusual and extraordinary out the purposes of this order. The Secretary forts to do the same at home. This threat to the national security, foreign pol- of the Treasury may redelegate any of these amendment will not solve all of the icy, and economy of the United States, and functions to other officers and agencies of hereby declare a national emergency to deal the United States Government. All agencies problems of terrorism in the Middle with that threat. East, but it demonstrates America’s re- of the United States Government are hereby I hereby order: directed to take all appropriate measures solve to ensure that our citizens are Section 1. Except to the extent provided in within their authority to carry out the pro- not directly or inadvertently financing section 203(b)(3) and (4) of IEEPA (50 U.S.C. visions of this order. the actions of terrorists. 1702(b)(3) and (4)) and in regulations, orders, (b) Any investigation emanating from a I am grateful that we obtained the directives, or licenses that may be issued possible violation of this order, or of any li- unanimous support of our colleagues to pursuant to this order, and notwithstanding cense, order, or regulation issued pursuant any contract entered into or any license or to this order, shall first be coordinated with enhance our ability to fight harder permit granted prior to the effective date: against the killers of innocent people the Federal Bureau of Investigation (FBI), (a) all property and interests in property of: and any matter involving evidence of a and to fight against the thugs that do (i) the persons listed in the Annex to this criminal violation shall be referred to the not understand that the civilized world order; FBI for further investigation. The FBI shall rejects their approach of murder to (ii) foreign persons designated by the Sec- timely notify the Department of the Treas- gain political objectives. retary of State, in coordination with the ury of any action it takes on such referrals. Secretary of the Treasury and the Attorney Mr. President, I ask unanimous con- Sec. 5. Nothing contained in this order General, because they are found: shall create any right or benefit, substantive sent to have printed in the RECORD a (A) to have committed, or to pose a signifi- or procedural, enforceable by any party pertinent letter from the Anti-Defama- cant risk of committing, acts of violence against the United States, its agencies or in- tion League. that have the purpose or effect of disrupting strumentalities, its officers or employees, or There being no objection, the motion the Middle East peace process, or any other person. was ordered to be printed in the (B) to assist in, sponsor, or provide finan- Sec. 6. (a) This order is effective at 12:01 RECORD, as follows: cial, material, or technological support for, a.m., eastern standard time on January 24, or services in support of, such acts of vio- 1995. THE LEON AND MARILYN lence; and (b) This order shall be transmitted to the KLINGHOFFER MEMORIAL FOUNDA- (iii) persons determined by the Secretary Congress and published in the Federal Reg- TION OF THE ANTI-DEFAMATION of the Treasury, in coordination with the ister. LEAGUE, Secretary of State and the Attorney Gen- WILLIAM J. CLINTON, Washington DC, March 12, 1996. eral, to be owned or controlled by, or to act January 23, 1995. Hon. FRANK LAUTENBERG, for or on behalf of, any of the foregoing per- ANNEX U.S. Senate, sons, that are in the United States, that TERRORIST ORGANIZATIONS WHICH THREATEN TO Washington, DC hereafter come within the United States, or DISRUPT THE MIDDLE EAST PEACE PROCESS DEAR SENATOR LAUTENBERG: On behalf of that hereafter come within the possession or the Leon and Marilyn Klinghoffer Founda- control of United States persons, are Abu Nidal Organization (ANO) tion of the Anti-Defamation League, we blocked; Democratic Front for the Liberation of Pal- want to thank you for your leadership in the (b) any transaction or dealing by United estine (DFLP) fight against terrorism and for seeking to States persons or within the United States Hizballah keep this country from being used as a base in property or interests in property of the Islamic Gama’at (IG) to raise funds and finance the activity of ter- persons designated in or pursuant to this Islamic Resistance Movement (HAMAS) rorist organizations. order is prohibited, including the making or Jihad Ten year after the senseless murder of our receiving of any contribution of funds, goods, Kach father, Leon Klinghoffer, aboard the Achille or services to or for the benefit of such per- Kahane Chai Lauro cruise ship, terrorism has hit home for sons; Palestinian Islamic Jihad-Shiqaqi faction other Americans. Unfortunately, our laws (c) any transaction by any United States (PIJ) are still inadequate to meet the changing na- person or within the United States that Palestine Liberation Front-Abu Abbas fac- ture of the terrorist threat. evades or avoids, or has the purpose of evad- tion (PLF-Abu Abbas) We welcome and strongly support your ing or avoiding, or attempts to violate, any Popular Front for the Liberation of Palesine amendment to increase funding for the FBI of the prohibitions set forth in this order, is (PFLP) and the Treasury Department’s Office of For- prohibited. Popular Front for the Liberation of Pal- eign Assets Control. This would provide addi- Sec. 2. For the purposes of this order: (a) estine-General Command (PFLP–GC) tional resource to facilitate and enhance the term ‘‘person’’ means an individual or their investigative abilities to uncover as- entity; OFFICE OF FOREIGN ASSETS CONTROL sets, property, and fundraising support in the (b) the term ‘‘entity’’ means a partnership, LIST OF SPECIALLY DESIGNATED TERRORISTS United States for foreign terrorist organiza- association, corporation, or other organiza- WHO THREATEN TO DISRUPT THE MIDDLE EAST tions designated (under President Clinton’s tion, group, or subgroup; PEACE PROCESS—WEDNESDAY, JANUARY 25, Executive Order 12947, January 23, 1995) as (c) the term ‘‘United States person’’ means 1995 ‘‘threatening to disrupt the Middle East any United States citizen, permanent resi- Agency: Office of Foreign Assets Control, Peace Process.’’ dent alien, entity organized under the laws Treasury. We are ready to assist you in your efforts of the United States (including foreign Action: Notice of blocking. to build support among your colleagues for branches), or any person in the United Summary: The Treasury Department is this initiative and are dedicated to helping States; and issuing a list of blocked persons who have

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1836 CONGRESSIONAL RECORD — SENATE March 12, 1996 been designated by the President as terrorist Al-Islamiyya, a.k.a. The Islamic Group); ganization, a.k.a. Organization of the Op- organizations threatening the Middle East Egypt. pressed on Earth, a.k.a. Islamic Jihad for the peace process or have been found to be owned Al-Jihad (a.k.a. Jihad Group, a.k.a. Van- Liberation of Palestine, a.k.a. Ansar Allah, or controlled by, or to be acting for or on be- guards of Conquest, a.k.a. Talaa’al al-Fateh); a.k.a. Followers of the Prophet Muhammad); half of, these terrorist organizations. Egypt. Lebanon. Effective date: January 24, 1995. ANO (a.k.a. Abu Nidal Organization, a.k.a. Islamic Jihad for the Liberation of Pal- For further information: J. Robert Black September, a.k.a. Fatah Revolu- estine (a.k.a. Party of God, a.k.a. Hizballah, McBrien, Chief, International Programs, tionary Council, a.k.a. Arab Revolutionary a.k.a. Islamic Jihad, a.k.a. Revolutionary Tel.: (202) 622–2420; Office of Foreign Assets Council, a.k.a. Arab Revolutionary Brigades, Justice Organization, a.k.a. Organization of Control, Department of the Treasury, 1500 a.k.a. Revolutionary Organization of Social- the Oppressed on Earth, a.k.a. Ansar Allah, Pennsylvania Avenue NW., Washington, DC ist Muslims); Libya; Lebanon; Algeria; a.k.a. Followers of the Prophet Muhammad); 20220. Sudan; Iraq. Lebanon. Supplementary information: Ansar Allah (a.k.a. Party of God, a.k.a. Islamic Jihad of Palestine (a.k.a. PIJ, Electronic availability Hizballah, a.k.a. Islamic Jihad, a.k.a. Revo- a.k.a. Palestinian Islamic Jihad—Shiqaqi, This document is available as an electronic lutionary Justice Organization, a.k.a. Orga- a.k.a. PIJ Shiqaqi/Awda Faction, a.k.a. Pal- file on The Federal Bulletin Board the day of nization of the Oppressed on Earth, a.k.a. Is- estinian Islamic Jihad); Israel; Jordan; Leb- publication in the Federal Register. By lamic Jihad for the Liberation of Palestine, anon. modem dial 202/512–1387 or call 202/512–1530 for a.k.a. Followers of the Prophet Muhammad); Islamic Jihad of Palestine (a.k.a. PIJ, disks or paper copies. This file is available in Lebanon. a.k.a. Palestinian Islamic Jihad—Shiqaqi, Postscript, WordPerfect 5.1 and ASCII. Arab Revolutionary Brigades a.k.a. ANO, a.k.a. PIJ Shiqaqi/Awda Faction, a.k.a. Pal- estinian Islamic Jihad); Israel; Jordan, Leb- Background a.k.a. Abu Nidal Organization, a.k.a. Black September, a.k.a. Fatah Revolutionary anon. On January 23, 1995, President Clinton Council, a.k.a. Arab Revolutionary Council, Islamic Resistance Movement (a.k.a. signed Executive Order 12947, ‘‘Prohibiting a.k.a. Revolutionary Organization of Social- Hamas); Gaza; West Bank Territories; Jor- Transactions with Terrorists Who Threaten ist Muslims); Libya; Lebanon; Algeria; dan. To Disrupt the Middle East Peace Process’’ Sudan; Iraq. Jihad Group (a.k.a. Al-Jihad, a.k.a. Van- (the ‘‘Order’’). The Order blocks all property Arab Revolutionary Council (a.k.a. ANO, guards of conquest, a.k.a. Talaa’al Al-fateh); subject to U.S. jurisdiction in which there is a.k.a. Abu Nidal Organization, a.k.a. Black Egypt. any interest of 12 terrorist organizations September, a.k.a. Faith Revolutionary Coun- Kach; Israel. that threaten the Middle East peace process cil, a.k.a. Arab Revolutionary Brigades, Kahane Chai; Israel. Organization of the Oppressed on Earth as identified in an Annex to the Order. The a.k.a. Revolutionary Organization of Social- (a.k.a. Party of God, a.k.a. Hizballah, a.k.a. Order also blocks the property and interests ist Muslims); Libya; Lebanon; Algeria; in property subject to U.S. jurisdiction of Islamic Jihad, a.k.a. Revolutionary Justice Sudan; Iraq. Organization, a.k.a. Islamic Jihad for the persons designated by the Secretary of Black September (a.k.a. ANO, a.k.a. Abu Liberation of Palestine, a.k.a. Ansar Allah, State, in coordination with the Secretary of Nidal Organization, a.k.a. Fatah Revolu- a.k.a. Followers of the Prophet Muhammad); Treasury and the Attorney General, who are tionary Council, a.k.a. Arab Revolutionary Lebanon. found (1) to have committed, or to pose a sig- Council, a.k.a. Arab Revolutionary Brigades, nificant risk of committing, acts of violence Palestine Liberation Front (a.k.a. Pal- a.k.a. Revolutionary Organization of Social- estine Liberation Front—Abu Abbas Faction, that have the purpose or effect of disrupting ist Muslims); Libya; Lebanon; Algeria; the Middle East peace process, or (2) to assist a.k.a. PLF-Abu Abbas, a.k.a. PLF); Iraq. Sudan; Iraq. Palestine Liberation Front-Abu Abbas in, sponsor or provide financial, material, or Democratic Front for the Liberation of technological support for, or services in sup- Faction (a.k.a. PLF-Abu Abbas, a.k.a. PLF, Palestine (a.k.a. Democratic Front for the a.k.a. Palestine Liberation Front); Iraq. port of, such acts of violence. In addition, Liberation of Palestine—Hawatmeh Faction, the Order blocks all property and interests Palestinian Islamic Jidad—Shiqaqi (a.k.a. a.k.a. DFLP); Lebanon; Syria; Israel. PIJ, a.k.a. Islamic Jihad of Palestine, a.k.a. in property subject to U.S. jurisdiction in Democratic Front for the Liberation of PIJ Shiqaqi/Awda Faction, a.k.a. Palestinian which there is any interest of persons deter- Palestine—Hawatmeh Faction (a.k.a. Demo- Islamic Jihad); Israel; Jordan; Lebanon. mined by the Secretary of the Treasury, in cratic Front for the Liberation of Palestine, Party of God (a.k.a. Hizballah, a.k.a. Is- coordination with the Secretary of State and a.k.a. DFLP); Lebanon; Syria; Israel. lamic Jihad, a.k.a. Revolutionary Justice the Attorney General, to be owned or con- DFLP (a.k.a. Democratic Front for the Organization, a.k.a. Organization of the Op- trolled by, or to act for or on behalf of, any Liberation of Palestine—Hawatmeh Faction, pressed on Earth, a.k.a. Islamic Jihad for the other person designated pursuant to the a.k.a. Democratic Front for the Liberation Liberation of Palestine, a.k.a. Ansar Allah, Order (collectively ‘‘Specially Designated of Palestine); Lebanon; Syria; Israel. a.k.a. Followers of the Prophet Muhammad); Terrorists’’ or ‘‘SDTs’’). Fatah Revolutionary Council (a.k.a. ANO, Lebanon. The Order further prohibits any trans- a.k.a. Abu Nidal Organization, a.k.a. Black PFLP (a.k.a. Popular Front for the Libera- action or dealing by a United States person September, a.k.a. Arab Revolutionary Coun- tion of Palestine); Lebanon; Syria; Israel. or within the United States in property or cil, a.k.a. Arab Revolutionary Brigades, PFLP-GC (a.k.a. Popular Front for the interests in property of SDTs, including the a.k.a. Revolutionary Organization of Social- Liberation of Palestine—General Command); making or receiving of any contribution of ist Muslims); Libya; Lebanon; Algeria; Lebanon; Syria; Jordan. funds, goods, or services to or for the benefit Sudan; Iraq. PIJ (a.k.a. Palestinian Islamic Jihad— of such persons. This prohibition includes do- Followers of the Prophet Muhammad Shiqaqi, a.k.a. Islamic Jihad of Palestine, nations that are intended to relieve human (a.k.a. Party of God, a.k.a. Hizballah, a.k.a. a.k.a. PIJ Shiqaqi/Awda Faction, a.k.a. Pal- suffering. Islamic, Jihad, a.k.a. Revolutionary Justice estinian Islamic Jihad); Israel; Jordan; Leb- Designations of persons blocked pursuant Organization, a.k.a. Organization of the Op- anon. to the Order are effective upon the date of pressed on Earth, a.k.a. Islamic Jihad for the PIJ Shiqaqi/Awda Faction (a.k.a. PIJ, determination by the Secretary of State or Liberation of Palestine, a.k.a. Ansar Allah); a.k.a. Palestinian Islamic Jihad—Shiqaqi, his delegate, or the Director of the Office of Lebanon. a.k.a. ISlamic Jihad of Palestine, a.k.a. Pal- Foreign Assets Control acting under author- Gama’At (a.k.a. Islamic Gama’at, a.k.a. estinian Islamic Jihad); Israel, Jordan; Leb- ity delegated by the Secretary of the Treas- Gama’at Al-Islamiyya, a.k.a. the Islamic anon. ury. Public notice of blocking is effective Group, a.k.a. Al-Gama’a Al-Islamiyya); PLF (a.k.a. PLF-ABu Abbas, a.k.a. Pal- upon the date of filing with the Federal Reg- Egypt. estine Liberation Front—Abu Abbas Faction, ister, or upon prior actual notice. Gama’at Al-Islamiyya (a.k.a. Islamic a.k.a. Palestine Liberation Front); Iraq. LIST OF SPECIALLY DESIGNATED TERRORISTS Gama’at, a.k.a. Gama’at, a.k.a. the Islamic PLF-Abu Abbas (a.k.a. Palestine Libera- WHO THREATEN THE MIDDLE EAST PEACE Group, a.k.a. Al-Gama’a Al-Islamiyya); tion Front—Abu Abbas Faction, a.k.a. PLF, PROCESS Egypt. a.k.a. Palestine Liberation Front); Iraq. Hamas (a.k.a. Islamic Resistance Move- Popular Front for the Liberation of Pal- Note: The abbreviations used in this list ment); Gaza; West Bank Territories; Jordan. estine (a.k.a. PFLP); Lebanon; Syria; Israel. are as follows: ‘‘DOB’’ means ‘‘date of birth,’’ Hizballah (a.k.a. Party of God, a.k.a. Is- Popular Front for the Liberation of Pal- ‘‘a.k.a.’’ means ‘‘also known as,’’ and ‘‘POB’’ lamic Jihad, a.k.a. Revolutionary Justice estine—General Command (a.k.a. PFLP-GC); means ‘‘place of birth.’’ Organization, a.k.a. Organization of the Op- Lebanon; Syria; Jordan. ENTITIES pressed on Earth, a.k.a. Islamic Jihad for the Revolutionary Justice Organization (a.k.a. Abu Nidal Organization (a.k.a. ANO, a.k.a. Liberation of Palestine, a.k.a. Ansar Allah, Party of God, a.k.a. Hizballah, a.k.a. Islamic Black September, a.k.a. Fatah Revolu- a.k.a. Followers of the Prophet Muhammad); Jihad, a.k.a. Organization of the Oppressed tionary Council, a.k.a. Arab Revolutionary Lebanon. on Earth, a.k.a. Islamic Jihad for the Libera- Council, a.k.a. Arab Revolutionary Brigades, Islamic Gama’at (a.k.a. Gama’at, a.k.a. tion of Palestine, a.k.a. Ansar Allah, a.k.a. a.k.a. Revolutionary Organization of Social- Gama’at Al-Islamiyya, a.k.a. the Islamic Followers of the Prophet Muhammad); Leb- ist Muslims); Libya; Lebanon; Algeria; Group, a.k.a. Al-Gama’a Al-Islamiyya); anon. Sudan; Iraq. Egypt. Revolutionary Organization of Socialist Al-Gama’A Al-Islamiyya (a.k.a. Islamic Islamic Jihad (a.k.a. Party of God, a.k.a. Muslims (a.k.a. ANO, a.k.a. Abu Nidal Orga- Gama’AT, a.k.a. Gama’AT, a.k.a. Gama’AT Hizballah, a.k.a. Revolutionary Justice Or- nization, a.k.a. Black September, a.k.a.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1837 Fatah Revolutionary Council, a.k.a. Arab Nasrallah, Hasan; Secretary General of The U.S. Treasury Department, whose Of- Revolutionary Council, a.k.a. Arab Revolu- Hizballah; DOB 31 August 1960 or 1953 or 1955 fice of Foreign Assets Control executes the tionary Brigades); Libya; Lebanon; Algeria; or 1958; POB Al Basuriyah, Lebanon; Pass- presidential order, said Monday that since Sudan; Iraq. port No. 042833 (Lebanon). January 1995, $800,000 worth of Hamas-re- Talaa’al al-Fateh (a.k.a. Jihad Group, Nidal, Abu (a.k.a. Al Banna, Sabri Khalil lated assets, involving three individuals, a.k.a. Al-Jihad, a.k.a. Vanguards of Con- Abd Al Qadir); Founder and Secretary Gen- have been frozen. quest); Egypt. eral of Abu Nidal Organization; DOB May But a Treasury spokesman could not im- The Islamic Group (a.k.a. Islamic Gama’at, 1937 or 1940; POB Jaffa, Israel. mediately say whether the effort was consid- a.k.a. Gama‘at, a.k.a. Gama’at al-Vanguards Qasem, Talat Fouad; Propaganda Leader of ered successful and what the total amount of of Conquest (a.k.a. Jihad Group, a.k.a. Al- Islamic Gama’at; DOB 2 June 1957 or 3 June Hamas fund-raising in the United States was Jihad, a.k.a. Talla’al al-Fateh); Egypt. 1957; POB Al Mina, Egypt. believed to be. Nor could he say if the three INDIVIDUALS Shaqaqi, Fathi; Secretary General of Pal- individuals whose assets were frozen have estinian Islamic Jihad—Shiqaqi. been charged with any crimes. Abbas, Abu (a.k.a. Zaydan, Muhammad); Tufayli, Subhi; Former Secretary General Mr. HOLLINGS. Mr. President, I Director of Palestine Liberation Front— Abu and Current Senior Figure of Hizballah; DOB Abbas Faction: DOB 10 December 1948. 1947; POB Biqa Valley, Lebanon. want to thank the Senator from New Al Banna, Sabri Khalil Abd Al Qadir (a.k.a. Yasin, Shaykh Ahmad; Founder and Chief Jersey for bringing this issue to the Nidal, Abu); Founder and Secretary General Ideological Figure of Hamas; DOB 1931. Senate and I am pleased to cosponsor of Abu Nidal Organization; DOB May 1937 or Zaydan, Muhammad (a.k.a. Abbas, Abu); this amendment. Getting directly to 1940; POB Jaffa, Israel. Director of Palestine Liberation Front—Abu the point, this amendment provides an Al Rahman, Shaykh Umar Abd; Chief Ideo- Abbas Faction; DOB 10 December 1948. logical Figure of Islamic Gama’at; DOB 3 additional $10 million to the Federal Zumar, Colonel Abbud (a.k.a. Al-zumar, Bureau of investigation and the De- May 1938; POB Egypt. Abbud); Factional Leader of Jihad Group; Al Zawahiri, Dr. Ayman: Operational and Egypt; POB Egypt. partment of Treasury to combat inter- Military Leader of Jihad Group; DOB 19 June Dated: January 23, 1995. national terrorism. 1951; POB Giza, Egypt; Passport No. 1084010 R. RICHARD NEWCOMB, We have all been shocked and sad- (Egypt). Director, Office of Foreign Assets Control. dened to see the death and destruction Al-Zumar, Abbud (a.k.a Zumar, Colonel Approved: January 23, 1995. caused by Hamas terrorists in Israel. Abbud); Factional Leader of Jihad Group; These fanatics, and that is just what Egypt; POB Egypt. JOHN BERRY, Awda, Abd Al Aziz; Chief Ideological Fig- Deputy Assistant Secretary (Enforcement). they are—these zealots are doing ev- ure of Palestinian Islamic Jihad—Shiqaqi; EXHIBIT 2 erything they can to stop the peace DOB 1946. FBI SAYS HAMAS RAISING FUNDS IN UNITED process. The scenes from the Middle Fadlallah, Shaykh Muhammad Husayn; STATES East are simply revolting. Several Leading Ideological Figure of Hizballah; WASHINGTON.—A top FBI official acknowl- times in the past few weeks we have DOB 1938 or 1936; POB Najf Al Ashraf (Najaf), edged Wednesday that Americans are con- watched innocent people—men, women, Iraq. tributing money to Hamas, the Islamic Re- and children both Israeli and Amer- Habash, George (a.k.a. Habbash, George); sistance Movement, which has claimed re- ican—killed in senseless terrorist Secretary General of Popular Front for the sponsibility for recent deadly attacks in Liberation of Palestine. bombings. It is as if the people of Israel Israel. are being subjected to a tragedy like Habbash, George (a.k.a. Habash, George); ‘‘U.S. financial support is funding for Secretary General of Popular Front for the Hamas,’’ Robert Bryant, assistant director of the Oklahoma City bombing—over and Liberation of Palestine. the Federal Bureau of Investigation’s na- over again. They cannot even safely Hawatma, Nayif (a.k.a. Hawatmeh, Nayif, tional security division, told reporters. He take public transportation without a.k.a. Hawatmah, Nayif, a.k.a. Khalid, Abu); said most of the donors believe the money is risking their lives. Secretary General of Democratic Front for being used for charitable purposes. President Clinton and Secretary of the Liberation of Palestine—Hawatmeh Fac- ‘‘I think the people believe in good faith State Christopher will be in Egypt to- tion; DOB 1933. it’s going to charitable purposes. I think Hawatmah, Nayif (a.k.a. Hawatma, Nayif; morrow to convene an international there will be a very determined effort to cut conference to combat terrorism. The a.k.a. Hawatmeh, Nayif, a.k.a. Khalid, Abu); it off,’’ he told the Defense Writers Associa- Secretary General of Democratic Front for tion, declining to specify how this would be President recently sent the Deputy Di- the Liberation of Palestine—Hawatmeh Fac- done. rector of the CIA to meet with Israeli tion; DOB 1933. Israeli Ambassador Itamar Rabinovich told and Palestinian officials to see what Hawatmeh, Nayif (a.k.a. Hawatma, Nayif; a news conference this week that Americans technical assistance the United States a.k.a. Hawatmah, Nayif, a.k.a. Khalid, Abu); were contributing funds to Hamas. ‘‘It’s not can provide. I applaud him for the lead- Secretary General of Democratic Front for a question of opinion. It’s a question of facts. ership he has shown on this issue and I the Liberation of Palestine—Hawatmeh Fac- And I’m afraid they still do,’’ he said. hope he can achieve concrete progress tion; DOB 1933. ‘‘That Hamas became very sophisticated in Islambouli, Mohammad Shawqi; Military fund-raising and disguising the true purpose at the conference. Leader of Islamic Gama’at; DOB 15 January of fund-raising and these are facts. These are Mr. President, I am appalled when I 1955; POB Egypt; Passport No. 304555 (Egypt). not a matter of opinion,’’ Rabinovich said. hear reports that funding to support Jabril, Ahmad (a.k.a. Jibril, Ahmad); Sec- Hamas has claimed responsibility for re- Hamas and other Middle-Eastern ter- retary General of Popular Front for the Lib- cent attacks in Israel including a suicide rorism is coming from the United eration of Palestine—General Command; bombing Monday that killed 12 people in Tel States. It is hard for this Senator to DOB 1938 POB Ramleh, Israel. Aviv and one Sunday that killed 18 people in believe that any American would Jibril, Ahmad (a.k.a. Jabril, Ahmad); Sec- Jerusalem. The attacks, which followed the knowingly contribute money to sup- retary General of Popular Front for the Lib- killing of a key Hamas figure with a booby- eration of Palestine—General Command; trapped cellular telephone in January, have port these cold blooded killers. But, ap- DOB 1938; POB Ramleh, Israel. stalled Middle East peace negotiations. parently that is the case. Khalid, Abu (a.k.a. Hawatmeh, Nayif, President Bill Clinton, responding to pre- So, this amendment provides Judge a.k.a. Hawatma, Nayif, a.k.a. Hawatmah, vious attacks against Israel, signed an exec- Freeh and his FBI with the resources Nayif); Secretary General of Democratic utive order in January 1995 blocking assets needed to get to the bottom of this Front for the Liberation of Palestine— in the United States of ‘‘terrorist organiza- issue. It will help them uncover groups Hawatmeh Faction; DOB 1933. tions that threaten to disrupt the Middle and institutions that are providing Mughniyah, Imad Fa’iz (a.k.a. Mughniyah, East peace process’’ and prohibiting finan- millions of dollars to support terrorism Imad Fayiz); Senior Intelligence Officer of cial transactions with them. Hizballah; DOB 7 December 1962; POB Tayr Hamas, which was founded in 1987 and in the Middle East. And, it provides the Dibba, Lebanon; Passport No. 432298 (Leb- funds its strength among Palestinians in the Treasury Department with funding so anon). West Bank and Gaza Strip, was one of a they can moving expeditiously to Mughniyah, Imad Fayiz (a.k.a. Mughniyah, dozen groups listed in the order. freeze the assets of foundations and Imad Fa’iz); Senior Intelligence Officer of In last year’s terrorism report, the State others that knowingly support Hamas Hizballah: DOB 7 December 1962; POB Tayr Department said Hamas receives funds from and criminals that seek to derail the Dibba, Lebanon; Passport No. 432298 (Leb- Palestinian expatriates, Iran and private peace process through committing ter- anon). benefactors in Saudi Arabia and other mod- Naji, Talal Muhammad Rashid; Principal erate Arab states. rorist acts. It bolsters these agencies Deputy of Popular Front for the Liberation In addition to launching violent attacks enforcement of Executive Order 12947 of Palestine—General Command; DOB 1930; against Israel, Hamas provides medical and which is titled ‘‘Prohibiting Trans- POB Al Nasiria, Palestine. . social services to Palestinians. actions with Terrorists Who Threaten

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1838 CONGRESSIONAL RECORD — SENATE March 12, 1996 to Disrupt the Middle East Peace Proc- Mr. REID. If I could, just before able to do that. But we are going to at- ess.’’ It is at least one way that we in doing this, and I say to my friend, it is tempt to reauthorize this bill. Whether the Senate can do something to re- my understanding there will be no sec- it is the bill offered by my friend from spond to this emergency. ond-degree amendments. Idaho or a bill offered by the Senator Mr. President, I urge my colleagues The PRESIDING OFFICER. Does the from Nevada, we are going to get into to support this amendment. Senator wish to propose a unanimous- reauthorizing the Endangered Species AMENDMENT NO. 3478 TO AMENDMENT NO. 3466 consent agreement? Act. There are some things we need to (Purpose: To restore funding for, and other- Mr. REID. I would propose that, sub- do, in effect, to modernize the Endan- wise ensure the protection of, endangered ject to the question of the Senator gered Species Act. species of fish and wildlife) from New Jersey. I doubt there is any Member of this Mr. REID. Mr. President, I send an Mr. LAUTENBERG. My question has body who has not been contacted by amendment to the desk on my behalf nothing to do with the amendment of one group or another regarding the and that of Senators LAUTENBERG, the Senator. It has to do with some moratorium on the Endangered Species LIEBERMAN, GRAHAM, BOXER, and MOY- time availability. I understand the Act. Most of us in this body, during the NIHAN. Senator needs 40 minutes or some such last few days, have been visited by the The PRESIDING OFFICER. The time? homebuilders. They are concerned clerk will report. Mr. REID. Does the Senator wish about the Endangered Species Act, as The assistant legislative clerk read some time? are other special interest groups that as follows. Mr. LAUTENBERG. I would appre- come to us on a frequent basis, some in The Senator from Nevada [Mr. REID], for ciate a chance, about 10 minutes, if favor of the Endangered Species Act himself, Mr. LAUTENBERG, Mr. LIEBERMAN, possible, just to make a statement. If and some opposed to it. But never is Mr. GRAHAM, Mrs. BOXER, and Mr. MOYNIHAN, that is acceptable to my friend from there anyone who has come to me and proposes an amendment numbered 3478. Nevada, then I would ask for recogni- said, ‘‘We want to do away with the En- Mr. REID. Mr. President, I ask unan- tion from the Chair. If not, Mr. Presi- dangered Species Act.’’ imous consent that reading of the dent, I suggest the absence of a There are a great many arguments amendment be dispensed with. quorum. being tossed about to keep the morato- The PRESIDING OFFICER. Without Mr. REID. Mr. President, if the Sen- rium in place. I have heard some say objection, it is so ordered. ator will withdraw the request, I in- that the moratorium would be leverage The amendment is as follows: quire if the Senator from New Jersey to get the Endangered Species Act re- On page 75, strike lines 1 through 9. wishes 10 minutes of the 45 minutes? authorized. That certainly has not On page 412, line 23, strike ‘‘$497,670,000’’ Mr. LAUTENBERG. No, 10 minutes proven to be the case to this point. In and insert ‘‘$501,420,000’’. off, on a totally different subject. On page 412, line 24, after ‘‘1997,’’, insert fact, I think they are wrong. The mora- the following: ‘‘of which $4,500,000 shall be Mr. REID. Mr. President, if I could torium has nothing to do with efforts available for species listings under section 4 propose a unanimous consent request? to reauthorize the Endangered Species of the Endangered Species Act of 1973 (16 Would that be appropriate? I ask unan- Act. We need to reauthorize the Endan- U.S.C. 1533),’’. imous-consent there be 1-1⁄2 hours gered Species Act, and I underline and On page 413, strike ‘‘1997:’’ on line 11 and equally divided, no second-degree underscore that. If an Endangered Spe- all that follows through line 20 and insert amendments. cies Act reform bill comes to the Sen- ‘‘1997.’’. The PRESIDING OFFICER. Is there ate floor, it will be because that is the On page 461, line 24, strike ‘‘$1,255,005,000’’ objection? and insert ‘‘$1,251,255,000’’. right thing to do. And it is the right On page 462, line 5, before the colon, insert Mr. HATFIELD. Mr. President, re- thing to do. the following: ‘‘, of which not more than serving the right to object. I have heard some want reform and $81,250,000 shall be available for travel ex- The PRESIDING OFFICER. The better science procedures in place be- penses’’. unanimous-consent request is for 1-1⁄2 fore we lift the moratorium. That type Mr. REID. Mr. President, what this hours equally divided, with the chair- of argument is backward and it is il- amendment does say to my colleagues man of the Appropriations Committee logical. We, in this body, on this floor, is, do away with, repeal the morato- controlling half the time and the Sen- placed a moratorium on listing further rium that is on listing of endangered ator from Nevada controlling the other species without a hearing, without any species under the Endangered Species half. Does the request also include a procedures that are normal to this Act. I indicated to the Appropriations provision that no second-degree amend- body or the other body. We simply said Committee when it was meeting to dis- ments be in order? we are going to have a moratorium. cuss this omnibus bill that I would Mr. HATFIELD. Mr. President, I can- Why? Based on these stories that come offer this amendment. not agree to that, relating to the sec- from people about what is wrong with Mr. HATFIELD. Mr. President, will ond-degree amendments. the Endangered Species Act. the Senator yield for a question? The PRESIDING OFFICER. Objec- I had some people come to my office Mr. REID. I would be happy to yield tion is heard with regard to the second- today, and they said they wanted me to to the chairman for a question. degree aspect. be real careful about the Endangered Mr. HATFIELD. Mr. President, I The Senator from Nevada is recog- Species Act, be careful if we remove thank the Senator for yielding. I be- nized. the moratorium because they had lieve, in the previous conversation, the Mr. REID. Mr. President, as I indi- heard there was some flower in south- Senator from Nevada indicated he cated when I stood on the floor of the ern California that had been identified would need 40 minutes for the presen- Appropriations Committee, chaired by by the Fish and Wildlife Service that tation of his amendment. I have just the Senator from Oregon, I indicated at caused a reduction of the speed on I–15 cleared on our side the additional 40 that time I would offer this amend- to 15 miles an hour because, if they minutes for the opposition, so that ment. I am offering the amendment be- drove faster than that, it would blow would be a total of 1 hour 20 minutes to cause we have had ample opportunity the petals off the flower. We hear these be equally divided, or 40 minutes each. to understand what the effect is of hav- stories all the time. They are ridicu- Will the Senator from Nevada agree ing a moratorium on the Endangered lous. There is no foundation to them. to that as a time limit? Species Act. They are scare tactics. Mr. REID. Mr. President, since talk- Mr. President, I am the ranking I repeat, I am in favor of doing some- ing to the chairman, I say through the member on the subcommittee that will thing to change the Endangered Spe- Chair to the chairman, that I have reauthorize the Endangered Species cies Act. We need to do that. We need been—if I can have 45 minutes? So I Act. I understand the Endangered Spe- more input from the public. We need ask the unanimous-consent request be cies Act and that we need to reauthor- States to be involved. We need to make altered to allow 45 minutes on a side. ize it. I have worked with my friend, sure that someone who has an endan- Mr. LAUTENBERG. I wonder if my the distinguished junior Senator from gered species on their property has friend from Nevada would just respond Idaho, to come up with a bipartisan some incentives for coming to the Fed- to an inquiry? bill. I do not know if we are going to be eral Government and saying, ‘‘I found

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1839 this endangered species on my land and was wrong. However, the public under- on the use of DDT and the protection I want to work with you to do some- stands the implications of this morato- afforded the eagle by the Endangered thing about it,’’ and they are not, in ef- rium. Species Act by 1994 increased the popu- fect, penalized for telling us. We need Mr. President, this may not be im- lation nationwide to just over 4,400 to do some of those kinds of things to portant to most, but already the nesting pairs. From a little over 400, we make the Endangered Species Act League of Conservation Voters has an- are now to almost 4,500. more consumer friendly. And we can do nounced its intention to consider the The impressive increase in the eagle that. vote on this amendment in its score- population caused the Fish and Wild- But that has nothing to do with this card. life Service to propose in 1994 the eagle amendment. This amendment, in ef- I would like to talk a little bit about be reclassified in 43 States from endan- fect, says that we should remove this why the Endangered Species Act is im- gered to threatened with even actual careless, illogical moratorium. While portant and why not listing species is removal from the list altogether. The we debate the reauthorization of the tragic; not only wrong, it is tragic. eagle population is strong and increas- Endangered Species Act, there are spe- There are many examples, but I have ing at incredible rates, and we may sit cies needing protection, facing greater picked just a few. The night is late. back and wonder what all the concern risks, and threatened and endangered In 1992, in Kansas, a bird named the was about when you see these magnifi- species could be decreasing to irrep- ‘‘least tern’’ had declined from 11 pairs cent birds floating around. But if the arable numbers. The science, all the to 1 breeding pair. The restoration on concern had not been there, if the pro- science in the world, is irrelevant if a the Cimarron River nesting site re- tection of the Endangered Species Act specie becomes extinct, because extinc- versed the saltwater invasion. Preda- had not been available, there would be tion is forever. tors were excluded. Following this res- more concern today. There would be no Not a single plant or animal has been toration work, the colony increased to American bald eagles. None. added to the list since April 10, 1995. six breeding pairs which now has pro- I have mentioned only a few of the There might be some people cheering duced seven young. successes, Mr. President, of animals about this, saying, ‘‘Good.’’ The fact of Another example is the 11 original and birds. Why are these and other suc- the matter is, that is not good. I know trees that remained of the rare Vir- cesses important? I received a letter there are probably going to be efforts ginia round leaf birch in southwest Vir- signed by 38 physicians, scientists and to, what we call in the jargon of the ginia. Some people may say, ‘‘Well, those associated with health care Congress, to second-degree my amend- who cares?’’ I repeat, extinction is for- across the community, health care pro- ment, the purpose of which would be to ever. viders, advocating the repeal of the say, ‘‘Let us have emergency listings.’’ Due to the listing and recovery work moratorium. That will give some people, programs, done on this tree to preserve and cul- The letter says, among other things: a way to hide, saying they now can tivate the seedlings, the population of What is often lost in the debate over spe- have emergency listings. the species is now 1,400 trees in 20 dif- cies conservation is the value of species to Of course, I am sure the amendment ferent locations. Remember, there were human health. will be very clear in not providing any 11 trees when this was listed. Recovery They continue: money to do this, which is different enabled the Fish and Wildlife Service Recent studies have shown that a substan- from the amendment I am offering. to propose the reclassification from en- tial proportion of the Nation’s medicine is This amendment, in effect, would end dangered to threatened, and imminent derived from plants and other natural re- the counterproductive moratorium in delisting is a viable possibility. sources. The medicines of tomorrow are adding new species to the endangered Mr. President, the brown pelican, a being discovered today from nature. species for both the Fish and Wildlife bird found mostly in Texas but other In regard to the Endangered Species Service and the National Marine and places as well, was first listed in 1970. Act, the physicians continue: In 1994, we had 125 of these birds that Fisheries Service. It will also provide The Endangered Species Act is the best sufficient funding for the Fish and nested at a place called Little Pelican tool we have to protect species, imperiled Wildlife Service for listing activities Island in Galveston Bay. It was listed plants and animals, but the moratorium on for the balance of the year; that is in 1970. the endangered species list has put at risk some $4.5 million. The offset would be In 1994, for the first time in more many species which medical researchers $3.75 million of the Fish and Wildlife than 40 years, we have these brown have had no opportunity to explore. travel expenses, and $750,000 would be pelicans nesting and producing more They conclude: reprogrammed within the Fish and than 90 young. We are probably going When a species is lost to extinction, we Wildlife Service. The National Marine to save this bird. I think that is impor- have no idea what potential medical cures Fisheries Service, with funding of $1 tant. are lost along with it. million, would administer the re- In Nebraska, on the Platte River, the Why do these 38 physicians talk that programming. nesting habitat for the endangered mi- way? Fifty percent of prescription med- The moratorium is poor policy be- grating whooping crane, sandhill crane, icine sold in the United States contain cause it does nothing to promote the and other waterfowl, has been seriously at least one compound originally de- endangered species reform that we need depleted over the past 20 years. But due rived from a plant. Dr. Thomas Eisner, to go forward on, and it only increases to the protection of habitat upon which director of the Cornell Institute of Re- the costs and uncertainty of recovery the birds are dependent, agreements search and Chemical Ecology, has writ- of species. were signed by environmental groups ten: The moratorium is a poor piece of and individual private property owners The chemical treasury of nature is lit- legislation that should be removed so to clear the vegetation, and now, erally disappearing before we have even had that public policy for endangered spe- though the whooping crane is still en- a chance to assess it. We cannot afford in cies can resume with certainty and dangered, progress has been made in re- years ahead to be deprived of the inventions with stability. The moratorium fails to covering population. of nature. acknowledge the permanency of extinc- Recently, there was a press event When I was coming back on the air- tion and has increased the risk that celebrating the delisting of the per- plane yesterday from Nevada, I read an unlisted species face. egrine falcon due to the recovery made Audubon Society magazine. Someone The public has awakened to this in its population. had given the magazine to me because agenda in this Congress, which is Even more popular is the success of there was a wonderful article in that antienvironmental. The agenda is to the American bald eagle. In 1963, be- magazine about deserts, and, in fact, undermine the environmental progress cause of DDT in the food chain, eagles about the deserts in Nevada, the Great made over the past 25 years. The mora- were caused to lay eggs that were sim- Basin. But what grabbed my attention torium which passed last year with lit- ply too thin to allow hatching. There was not the article on the Great Basin tle public comment, and I should say was a dramatic decline in this very but an article on endangered species no public comment and no attention powerful, strong bird, to 417 nesting and what they had done to preserve from the environmental community, pairs of this magnificent animal. A ban human life throughout the world.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1840 CONGRESSIONAL RECORD — SENATE March 12, 1996 Forty percent of medical drugs were others are we missing by failing to pro- we want to do away with the Endan- first extracted—these are not prescrip- tect them? There are many, many oth- gered Species Act. tion drugs—first extracted from other ers. What some people have come and life forms. Of the 150 most frequently We know that bears and other hiber- said is that they want some certainty used pharmaceuticals—now listen to nating animals are being studied for in the process. The moratorium, this—of the 150 most frequently used treatment of kidney failure and though, Mr. President, increases the pharmaceuticals, 80 percent come from osteoporosis. It is a remarkable part of uncertainty because of the backlog or were first identified as living orga- nature how these animals can be, in ef- that is now occurring. nisms. fect, near a state of death, yet their What we are going to hear are efforts Digitalis—there are a lot of impor- kidneys function well and their bones to say, well, what we are going to do is tant heart medicines, but digitalis is do not go soft on them. we are going to allow emergency list- right up on the list of the most impor- We have toads that are being re- ings. During the time we have had the tant. It comes from a plant called the searched, specifically a Houston toad Endangered Species Act in effect, there foxglove plant, a lifesaving compound which is on the brink of extinction have been very, very few emergency from a plant. that produces alkaloids that may pre- listings. Listings need to take place in Cyclosporin. In the Democratic con- vent heart attacks. They also appear to an orderly, scientific process and pro- ference today, the senior Senator from have analgesic properties more power- cedure. That is what we need to do. Illinois asked us to look at some lit- ful than morphine. We need to reform the Endangered erature that he had dealing with organ We have frogs that were being stud- Species Act. We need to make sure, as transplants. The Senator from Illinois ied for neurological disease. I have said before, that there is more is 68 years old. He asked the people who Bats are being studied for treatment State and non-Federal party involve- came in, ‘‘Are any of my organs worth of heart attacks and strokes because ment in the process. We need to have transplanting?’’ They said yes and pro- the salivary compounds that prevent peer review and short, objective ceeded to tell him why and how. blood clotting from these bats have science. We need workers to work with He was asking us to sign up to be, at yielded new anticoagulants, more pow- landowners and have a short-form con- the time of our demise, willing to give erful by far than those currently avail- servation plan. We need safe harbor for our organs for other people. A number able for the breakdown of blood clots in landowners who have agreed to imple- of us had already agreed to do that heart attacks and strokes. These bats ment conservation measures. prior to the presentation by the Sen- are found in very remote places. We also need voluntary conservation ator from Illinois. Pit vipers for high blood pressure agreements and recovery teams that But the reason I mention his presen- treatments I have already talked make the recovery of species a prac- tation to us today is because about. tical and a cooperative effort between cyclosporin, a drug that makes organ Fireflies. The chemicals that cause the many interested parties. transplantation possible, which is an fireflies to emit light have been used This is what happened, for example, antirejection drug that helps make for tuberculosis, leading to faster tu- Mr. President, in Clark County where a organ transplants feasible, comes from berculosis treatment. species that was listed was the desert a fungus. Mr. President, we have already iden- tortoise. It was difficult, but now, that The Pacific yew tree was once consid- tified another periwinkle bush, not the ered a junk tree by the foresters, but is being used as a model in other parts rosy, but the Madagascar perwinkle. chemists have found that one of the of our country. This one is for other forms of cancer. I urge my colleagues to recognize the tree’s chemicals found only in that Mr. President, I have mentioned only need for substantive reform of the En- tree, a thing called taxol, can be used a few of the multitude of plants that in the fight against ovarian and other dangered Species Act, to understand are now available for scientific study cancers. And it works very well. the devastating effect of this morato- There is now an endangered mint that are going to lead to break- rium, to support an immediate repeal that is nearly extinct in central Flor- throughs that will cure people of dis- of this devastating moratorium and ida. In fact, that mint has been reduced ease. I think we have to understand provide sufficient funding. to a few hundred acres. Doctor Eisner, what we did last April in shutting down Remember, we, Mr. President, want from Cornell, has discovered many po- the endangered species list. to end the counterproductive morato- tent, useful chemicals in this plant, the You would think that good con- rium in adding new species. We will utility of which have not been deter- science would force us to come and provide sufficient funding to allow that mined totally. He reports that as sci- start talking about why we should get to take place until the end of this year. entists examine the mint’s leaves, they rid of the moratorium. But it has been The moratorium is poor policy because isolated 20 kinds of fungi living inside ignored. We are in this never-never it does nothing to promote the Endan- the leaves. Now, remember, cyclosporin land that we are going to someday re- gered Species Act reform that needs to came from a fungus. Remember, it was authorize the Endangered Species Act. take place. The moratorium is a poor a mold that allows us to have peni- When? Well, we are going to do it. We piece of legislation that should be re- cillin. will get around to it. moved so that the public policy toward Ergot, which is a fungus of wheat, Mr. President, things have changed a endangered species can resume with provides us the heart medicine to block little bit. The Endangered Species Act certainty and with stability. The mora- adrenaline in coronary disease. And it is not something that is being pro- torium fails to acknowledge the perma- was snake venom from which blood moted by the left wing of the body poli- nency of extinction and has increased pressure medications were obtained. tic. It is being promoted by people from the risk that unlisted species face. Captopril and enalapril are from a all walks of life, of all political persua- So I ask my colleagues to not fall for poison from a snake. These are life-sav- sions, including some evangelical and some face-saving second-degree amend- ing medications to a significant num- political organizations asking that we ment that will say we are going to ber of our population. protect the species that have been allow emergency listing. Remember, In Nevada, we have a tiny, tiny little placed on this Earth. we need to do it in a way that is safe fish called a pupfish. That fish is being These religious people ask that we and sound and certainly one that is sci- studied in hopes of finding new treat- utilize our stewardship wisely and re- entific. Doing something that is rarely ments for kidney disease. move the moratorium from the listing done, that is, emergency listing, will I have spoken on several occasions, process. We are doing nothing with this not do the trick. before the committee and on this floor, moratorium for the benefit of anyone. I The PRESIDING OFFICER. Has the about childhood leukemia and how defy anyone to tell me that there are Senator from Nevada completed his they have been able to find a magnifi- people—organizations; I will not say statement? cent cure for childhood leukemia from people—there are organizations that Mr. REID. I yield the floor. the periwinkle bush plant. support the elimination of the Endan- Mrs. HUTCHISON. Mr. President, I All these examples, Mr. President, gered Species Act. I have not found am willing to yield to the Senator from should focus us on the question of what any. No one has come to me and said Montana for some period of time.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1841 Mr. BAUCUS. Mr. President, I very ington. We also had a hearing on the have been done that are far beyond the much appreciate the very gracious Sen- bill in Ronan, MT. bounds of common sense. The morato- ator from Texas—5 or 6 minutes would Now, as some of you may know, rium was to give us the timeout so be appropriate. Ronan is in western Montana, south of that we would be able to put listings on Mrs. HUTCHISON. I will yield that to Flathead Lake, in the heart of grizzly under the new reauthorization, to pass the Senator from Montana. country. We had the hearing in July, without opposition in the House of The PRESIDING OFFICER. The Sen- on a Saturday, at the local high school. Representatives, and with 60 votes here ator from Montana is recognized for 6 It was packed. in the Senate—a clear mandate to say, minutes. Hundreds of people attended. And wait a minute, let us stop doing things Mr. BAUCUS. I thank the Senator more than 70 testified. Some rep- that do not make sense under a law from Texas. resented groups like the Stockgrowers, that is not reauthorized, and let us Mr. President, I rise in support of the the Mining Association, and the Sierra talk about what we ought to be doing amendment to lift the moratorium on Club. Others were there because of to protect the endangered species of the listing of threatened and endan- their deep personal interest in this leg- our country. But let us do it without gered species under the Endangered islation. taking private property rights and Species Act. The hearing started out a little without hurting jobs, without hurting Senator REID, who is the ranking tense. But by the time it ended 7 hours the economy in this country. We can member of our Endangered Species later, there was a sense that we agreed do both. We can have a positive solu- Subcommittee, has described why the more than we disagreed. That we could tion. moratorium is bad policy. I agree with get beyond politics and find ways to But, Mr. President, there are 239 spe- him. work together. That we could have a cies that are ready to be listed. In fact, And I would like to emphasize one strong Endangered Species Act and a we have tried to work with the other particular point. The moratorium strong economy. side to make sure that the listings makes a bad situation worse. When it comes to the reauthorization could be prepared and that the funding In Montana, the Endangered Species of the Endangered Species Act, we need was there to prepare the listings along Act is not an abstraction. If affects the same kind of an approach. the way. We have done that in good people’s daily lives. Loggers are con- In fact, some of the people involved faith. We did not think that someone cerned about restrictions that apply in in that hearing have established the would come up and try to use the fact grizzly country. Ranchers are con- Montana Endangered Species Act Re- that we had, in good faith, allowed the cerned about wolves. authorization Committee. It includes Department to continue to do all of the At the same time, average folks all Democrats and Republicans, loggers preliminary listing procedures, and across Montana believe, deep down, and environmentalists. then spring 239 species that could cause that Montana’s wildlands, and wildlife, They, too, have come together—not untold economic damage on States all are an irreplaceable part of what in support of a moratorium, but in sup- over our country. No, we acted in good faith. We be- makes Montana the Last Best Place. port of commonsense reforms that will lieved that the right thing to do was to So people have strong feelings, and dif- protect wildlife while improving the have a moratorium until we have a re- ferent perspectives. But one thing is practical operation of the Endangered authorization so that we can then list, clear to everyone. The Endangered Spe- Species Act. taking into account some of the new cies Act is not working as well as it I suggest that we take the same ap- measures that we hope to have that should. It is driving people apart rather proach here, that we get beyond the will encourage conservation, that will than bringing them together. It is a slogans and the politics, that we lift encourage the endangered species pro- situation that must be remedied. the moratorium, and that we con- tection, through voluntary means, or So what does the moratorium do to centrate on what the people back home other incentives. Those are the things improve the situation? Nothing. In sent us here to do—that is, to work to- that are not allowed today but will be fact, it makes things worse. gether to resolve differences and solve allowed under the reauthorization. A moratorium on listings is a make- problems. We are not putting potentially en- shift, stopgap measure. Once it expires, I know the Senator from Idaho is dangered species at risk. The ones that listing will resume, and farmers, ranch- going to engage in that effort on the are an emergency could be listed today. ers and homeowners will face the same subcommittee. Mr. President, on the In fact, one of the things that we want restrictions under the act that they Safe Drinking Water Act, he worked to do is make sure that an emergency face today. diligently to get groups together. listing would be available. But, in fact, In the meantime, species that would There was not a lot of politicking and Mr. President, we are going to debate otherwise be afforded protection under sloganeering going on, or headline tonight—as I understand it, we do not the act continue to decline. For those grabbing. He did a great job in helping have a time agreement at this point, species that survive, recovery may be to get groups together in a common- but we are going to debate the merits much more difficult and expensive, im- sense way. It is the same approach we of lifting the moratorium prematurely. posing additional and unnecessary bur- must take in the Endangered Species That is really the issue here. dens on private landowners. Act, not engage in sloganeering, which We have agreed on two occasions in Is there a better approach? Yes, I be- tends to cause more problems than this body, and on the House side, that lieve there is. It may not be as simple solve problems. we should not act precipitously. Now, as moratorium. It may not make as I thank the Senator from Texas. all of a sudden, the same people who good a slogan. But, in the long run, it The PRESIDING OFFICER. The Sen- are fighting the reauthorization are is the only way to really improve the ator from Texas is recognized. now saying to lift the moratorium. I Endangered Species Act. Mrs. HUTCHISON. Mr. President, really do not think that it is the way What is it? Sitting down, listening to last year, Congress put a hold on list- we should do business here. I think we one another, and trying to resolve our ing of endangered species and the des- have been acting in good faith. We have differences in good faith. ignation of critical habitat that went done the things that we have been Let me give you an example. During along with that to give us time to re- asked to do to try to take that time- the last Congress, I introduced a bill to authorize the Endangered Species Act. out, so that when we have a reauthor- reform the Endangered Species Act. To We called a timeout on new listings so ized act we can come back in and make improve the listing process. To involve we could reexamine a 20-year-old law sure that the species that are scientif- the States more. To encourage more without the pressure of new listing de- ically designated as endangered will, in cooperation with landowners. cisions. fact, be protected. That is what all of It was a good bill and it had the en- Authorization for appropriations us want. dorsement of the western Governors of ended on September 30, 1992 —31⁄2 years If we free those species—the 239 that our country, the endorsement of the ago. Mr. President, we have been oper- we have allowed to be prepared to be environmental community, and we had ating without an authorization for this listed when, in fact, they are being pre- several hearings on it here in Wash- act, and that is because so many things pared under the old act—I think we

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1842 CONGRESSIONAL RECORD — SENATE March 12, 1996 will do a lot of harm to many States— It is a many faceted treasure for valued threatened and endangered list, and for my State, the State of California, Ari- scholars, scientists, and nature lovers alike, the past 5 months the Service has had zona, and many States across this and it forms a vital part of the heritage we no funding to carry out any new listing share as all Americans. I congratulate Con- activities. As a result, species in need country are going to have significant gress for taking this important step toward economic impact if we do this. Mr. protecting a heritage which we hold in trust are not protected by the law. They are President, it is not necessary. There is to countless future generations of our fellow piling up on the proposed candidate no reason to act precipitously on this citizens. list. There are no new listings of en- omnibus bill that we are trying to get That is what President Nixon said dangered or threatened. The Service through. We are trying to fund Govern- when he signed the Endangered Species can put those on the proposed and can- ment until the end of this fiscal year. Act in 1973. The importance of Amer- didate list but not the threatened or Mr. President, there is no reason to ica’s natural heritage is exactly what the endangered list. put something on that is so extraneous, we are debating here today—whether Under the regular process established that causes this kind of debate right at as a Nation we should conserve those under the Endangered Species Act, spe- a time when we are trying to work plants, species, and animals which we cies are added to the endangered and with the other side to come up with an know to be threatened with extinction, threatened list by the Secretary of the agreement that will fund Government or whether we should knowingly Interior based upon the best scientific until the end of this fiscal year so that choose not to protect those imperiled knowledge available. This takes years we can start turning toward the next species. and involves several stages of review. fiscal year, which is going to take our I support Senator REID’s amendment It is not done haphazardly. It takes time. to strike the provisions which would public notice, comment, and hearings, Mr. President, I think this is the impose a moratorium on adding new if requested, and, once listed, the Fed- wrong thing at the wrong time. This is species to the threatened and endan- eral Government is committed to con- like saying we have this modern, new gered list. A blanket moratorium on serve these species, and they are sub- automobile but we are going to put listing new species undercuts the goals ject to the protections of the act; that Model T parts in it because that is of the Endangered Species Act and un- is, if they are listed as threatened or what we have on hand. Let us not do dermines our Nation’s strong bipar- endangered. that. That is not the way to do busi- tisan—I stress bipartisan—history of Currently, the Fish and Wildlife ness. conservation. This is not a Republican Service has 243 species, 196 of which are I am going to speak on this issue measure. This is not a Democratic plants proposed for listing under the again. But, Mr. President, I want to lay measure. The efforts to preserve the Endangered Species Act. Proposed spe- the groundwork for what I think is a endangered species of America has cies have been subject to a full sci- terrible injustice. I think it is breaking been a bipartisan effort, signed, as I entific review and considered to be at a gentleman’s agreement that we had pointed out, by President Nixon in 1973 risk so as to require the protections of that we would work together for reau- and passed by a Democratic Congress the act. There are 182 species on the thorization because I assumed that was at that time. Fish and Wildlife Service list of can- everyone’s goal. But to have a lifting of Let me take a moment, if I might, to didates. That is species thought to war- the moratorium before the reauthoriza- speak about the broader issue that led rant protection for which the Service tion comes, I think, is the wrong thing me to support an effective law to pro- has not yet had the resources to con- to do for our country, for the private tect endangered species. I share the be- duct a full review. Neither the proposed property owners in our country, for the lief of many across our land that each nor the candidate species are subject to small business people in our country, species is intrinsically valuable wheth- the protections of the Endangered Spe- and for the working people who could er or not it is of obvious use to man- cies Act. lose their jobs if this happens. This is kind. In other words, all that is taking not right, and I hope the Members will I note that when Noah led the ani- place now, there is no protection out turn it back. I hope the Members will mals into the ark, he included all spe- there for those that are proposed or do the right thing and let us proceed cies. If I could quote, ‘‘One pair male candidate. If they are already on the with Senator KEMPTHORNE to reauthor- and female of all beasts, clean and un- list and endangered, and they have ize in a judicious way. clean, of birds and everything that been so listed in the past, that is OK. Thank you, Mr. President. crawls on the ground.’’ And God did not But they are discovering new species The PRESIDING OFFICER. The Sen- direct him to select only the most that are proposed and candidates but ator from Rhode Island is recognized. beautiful animals or those plants that they are not subject to any of the pro- Mr. CHAFEE. Mr. President, there might have some particular use to tections of the Endangered Species have been several references to people mankind and perhaps to help him to Act. In other words, proposed and can- resisting the reauthorization of the En- cure cancer, whatever it might be. didate species—let us take plants for dangered Species Act. I do not know Noah saved all creatures. example—can be ripped up, hunted, and who the references are to. But it cer- One great strength of the Endangered sold, or the animals can still be hunt- tainly is clear that if this moratorium Species Act is that it does not just sin- ed. In other words, what we are doing is is extended, the pressure to reauthorize gle out the bald eagle, or the bison, or taking those that once upon a time the Endangered Species Act is reduced. the California whale, or whatever it seemed in pretty good shape, but they The best way to get the Endangered might be—some majestic symbol such were proposed, or candidates, and now Species Act reauthorized is to get rid as the grizzly bear. It protects every they are becoming more and more en- of this moratorium and have everybody endangered species and its essential dangered because there is no protection concentrate their energies on the reau- habitat—and I stress the habitat—sim- of them. thorization. Certainly, as far as I am ply because it is threatened with ex- That is no way to do business. Why concerned, those on the committee— tinction. Despite all the advantages of should we care that species that are in and certainly the subcommittee headed modern science, we really do not un- danger of extinction are left unpro- by the Senator from Idaho—have been derstand the implications, the chain tected and are piling up on these lists working to get this act reauthorized. reaction that will be set in motion of proposed and candidates? The rea- So, I for one have seen no resistance to when a given species vanishes. So, we sons are practical as well as ethical. the reauthorization of the act from any should do all we can to avoid taking Failure to recognize and address the individual that I know. such a chance. risk to imperiled species and doing Let us just review the bidding, if we Since last April, a moratorium has something about them now will make might. When President Nixon signed been in place on adding any new spe- it much more difficult and more expen- the Endangered Species Act in 1973, cies to the threatened and endangered sive to conserve in the future. For one this is what he said: list maintained by the Fish and Wild- thing, destruction of habitat that is es- Nothing is more priceless or more worthy life Service. Listen to this. Since last sential for the survival of the proposed of preservation than the rich array of animal April a moratorium has been in place and candidate species can proceed un- life with which our country has been blessed. on adding any new species to the changed.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1843 In other words, yes, they are poten- the reauthorization process. Enact- this matter with an open mind because tially in danger, but you cannot do ment of the reauthorization is not all we are trying to do is remove this anything about it. You cannot do any- going to be easy. We know that moratorium. We talk about emergency thing about their habitat preservation. through these meetings and hearings listing. Mr. President, it is used very Thus, a prolonged moratorium on that we have had. The only way it is rarely—only in imminent risk of a spe- listing is likely to cause further de- going to come about is if Senators are cies being wiped out. We need, before clines in the status of those species willing to back away from fixed posi- we list species, to have good science, that are precluded from the protections tions and inform their constituents and this is not the way to go. This is of the Endangered Species Act. The that their constituents are not going not good science. moratorium may eliminate conserva- to get everything each one wants, ei- The emergency listing does nothing tion options that are available now. In ther the environmentalists, the lum- for the vast majority of 243 species that other words, the longer the morato- bermen, or whoever it might be. So are already proposed for listing, let rium goes on, the less chance there is Senator KEMPTHORNE, Senator BAUCUS, alone 182 candidate species. In the to come up with a variety of options to Senator REID, and I are working to- meantime, these species continue to save these endangered species. You gether striving to reach a consensus on decline. The emergency listing excep- cannot do anything about them. legislation to improve the act. Our tion to the moratorium is a Band-Aid Each month the moratorium drags staffs are meeting, and we believe we approach, Mr. President, largely a cos- on increases the size of the backlog of are making good progress. metic solution to a very real problem. work for the biologists at the Fish and So, again, I wish to make it clear And there is no better example of that Wildlife Service. This backlog and the that I am in favor of passing legisla- than what has happened with the spot- lack of funding for listing activities tion to improve the act. And I seek to ted owl. The longer you wait to list, such as research and monitoring will report a bill from the committee this the more difficult and complicated the lead inevitably to further delays and spring. But I believe a moratorium on problem becomes. inefficiencies down the road. Most im- adding new species to the threatened So, Mr. President, I know there are portantly, it seems to me, Mr. Presi- and endangered list is just plain wrong. many others on the floor who wish to dent, by refusing to protect these spe- A moratorium causes new problems speak. It is late at night. I understand cies, we fail to live up to our moral ob- and compounds the difficulties we are there will be an offer of an agreement ligation to act as good stewards. facing. It does not make it easier. It that will allow the Senator from Texas Mr. President, the Endangered Spe- makes it more difficult. Meanwhile, and the Senator from Nevada in the cies Act is far from perfect. It can and the protections are not there that morning to close the debate. With that should be improved. And with respect should be there, the protections of the in mind, I will yield the floor. Mr. EXON. Will the Senator yield for to private property rights, the act flora and fauna, the animals involved, should include more carrots and fewer a question before he yields the floor? and also their habitat that should be Mr. REID. I will be happy to yield to sticks—more inducements and fewer theirs. the Senator. prohibitions. We recognize that. But we So, Mr. President, I hope the Reid Mr. EXON. Let me see if I understand are not going to solve the problems of amendment will be adopted. the amendment the Senator is offering. the Endangered Species Act by ignor- Mr. REID addressed the Chair. As I understand it, the situation we are The PRESIDING OFFICER. The Sen- ing species that we know are in grave now confronted with is that the con- danger. ator from Nevada is recognized. tinuing resolutions that have been of- Mr. REID. Mr. President, before the That is no way to solve the problem. fered, the series of them and poten- chairman of the committee leaves, I The problems with the current Endan- tially more, in each and every instance wish to extend to him my appreciation gered Species Act are not solved by the funding mechanism has been tied for the work he has done as chairman cutting off funds that are necessary for to a caveat that no new Endangered Fish and Wildlife to carry out its re- of the committee, and especially the Species Act may be placed in force. In sponsibilities. guidance and, in effect, free hand he other words, there is a prohibition The problems with the current En- has given the chairman of the sub- from changing or adding to the endan- dangered Species Act should be ad- committee, the junior Senator from gered species list, period, as we face the dressed through the normal authoriza- Idaho, and myself to work on reauthor- situation right now. Is that correct? tion process, and that is what we are izing this legislation. Mr. REID. The Senator is absolutely trying to do. As the chairman has pointed out, it correct. Not only was there a morato- I pay tribute to the chairman of the is difficult legislation. We have been rium back in April of last year offered particular subcommittee in the Envi- working hard on this. Our staffs have and passed, but in addition to that, ronment and Public Works Committee, had numerous meetings not once every each time we come up with a con- the junior Senator from Idaho, for the quarter, once every month, but numer- tinuing resolution there is no addi- hearings he has held and attempts he is ous times. We have come a long way tional funding placed, so that the Fish making to reauthorize this act. It is no toward each other’s position. As I men- and Wildlife Service and the National easy job. We have had six hearings, tioned in my opening statement, it is Marine Fisheries Service simply are three of them in the West, on the reau- not unthinkable that we could come up without any funds to list anything. So thorization of the act. We have heard with an agreement on reauthorization we have two problems: One is no money from 100 witnesses, and many of them of the Endangered Species Act. So I ap- and a moratorium on further listing. have come up with good proposals. preciate the statement of the chair- Mr. EXON. I was able to hear only These hearings, as I say, ably chaired man. I appreciate the support of this the tail end of the remarks made by by the junior Senator from Idaho, were amendment. the chairman of the committee. I hope constructive and form the basis for Also, Mr. President, I underline and something could be worked out. continuing discussions. underscore what the full committee I have some concerns that the EPA So we are meeting, the staffs and chairman has said. This amendment and the Fish and Wildlife Service are members of the committee are meeting should not be approached on a partisan so restricted now that they could not regularly, working on legislation to re- basis. For instance, as important and put something on the list that was form the law. Certainly, my best ef- as successful as it has been, Democrats really endangered. On the other hand, I forts will be put toward supporting a cannot take all the credit for passing happen to feel that the bureaucracy in responsible Endangered Species Act the Clean Water Act. One President this area has gone overboard in some this year, and I look forward to work- who did a great deal for environmental areas, by the number of species that ing with all Senators to complete suc- matters in this country was President they have placed on this list. If the cessfully that important task. Nixon. Some of the most influential en- amendment offered by the Senator However, I do not believe that the vironmental legislators we have had from Nevada becomes law, would that moratorium provisions contained in this century have been Republicans. open up the situation to where the Fed- this appropriations bill constitute a re- So I hope that my friends on the eral bureaucracy, who has the responsi- sponsible step toward completion of other side of the aisle will approach bility for doing the scientific research,

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1844 CONGRESSIONAL RECORD — SENATE March 12, 1996 supposedly, and then making a deter- the floor this session, I hope. But in erative in nature and allow more input mination as to what species should go the meantime we cannot let all these from the private sector, not because on the endangered list—would they be species that are becoming extinct be- the Federal agencies have done any- free and clear to proceed with the in- come extinct. thing wrong in listing the endangered vestigation and the identification of Mr. EXON. I am not a member of the species, but the purpose is to allow endangered species exactly the way committee so I am not fully informed State governments and the local enti- they were before the prohibition was on all of these issues. I appreciate very ties to feel better about the listing, so put into the law on the continuing much the explanation that is being they understand it better. number of continuing resolutions? given by my friend from Nevada. To this point it has all been done by Mr. REID. I respond to my friend, we Under the system that we have al- the Federal Government and there has have talked about this. I am happy to, ways had with regard to the identifica- not been enough input from State and again, address this. tion of endangered species, as I under- local governments. So, I would say to As the chairman of the full com- stand it, it was that the agency of ju- my friend, I think the main thing we mittee and I feel, the moratorium has risdiction would do scientific research have to take into consideration is been very detrimental to scientific list- which they would manage and direct to there probably have been some listings ing of plants and animals. During the determine whether something was real- that have been wrong, although I do period of time this moratorium has ly endangered or not, or to what degree not know of any. But I think the prob- been in effect, the Senator from Ne- it was endangered. lem is—take, for example, in Nevada. vada and the junior Senator from Idaho But after the agency of jurisdiction We have, surprisingly enough, word have been working on a reauthoriza- makes that determination, then do that we are the fourth highest State in tion of the Endangered Species Act. I they have, under the law, authority, as the whole Nation for endangered spe- acknowledge that we need to reauthor- part of the bureaucracy, to say, All cies. It is surprising to some people be- ize the Endangered Species Act and right, that plant or that animal or that cause we are an arid State. But one make some changes in it. We need fish is an endangered species, and we so that caused a lot of attention was the more public input. We need more in- designate it as an endangered species desert tortoise in southern Nevada. It volvement of the State governments and that is it? literally brought construction in rap- that simply are not allowed in the act Mr. REID. Well, yes, I guess in short idly growing Las Vegas to a standstill anymore. We need peer review. We need term that is it. One of the things we until we worked it out. better science in listing these species. need to work on, and we are working I do not think, in hindsight, there And there are a number of other pro- on in the reauthorization of this bill, is was anything wrong in listing the posals that I think—I do not think, I to allow better science and to allow desert tortoise. But State and local know the Senator from Idaho, as chair- more than just the Federal agencies to governments should have had more man of the subcommittee, and I want have some voice in whether or not a input in that listing, rather than hav- to put into a bill for reauthorization. species is threatened. ing it just given to us all at one time, What the moratorium has done, as far Mr. EXON. How do you propose to do and that is what we are trying to do in as this Senator is concerned, is it has that? the reauthorization. prevented us from going forward on re- Mr. REID. We are going to do that in Mr. EXON. I agree with my friend. I authorization, because there are some a number of different ways. We are am not sure with how much I disagree, who simply want no further listing. going to allow better peer review, that though. I generally have been sup- As I mentioned just a short time ago, is more scientific input, and also allow portive of all the agencies that have I say to the Senator from Nebraska, State and/or local government some something to do with this matter. I when the moratorium went into effect input into whether or not the listing think the environment is very, very we had 182 candidate species, and in ad- should take place. important. I do, though, think maybe dition to that we had 243 species al- Mr. EXON. But the final decision sometimes we, here in the Congress, ready listed with which we have not still rests with the agency of jurisdic- give too much authority to the bu- been able to go forward. I spent a good tion? reaucracy to make determinations. At part of the debate earlier this after- Mr. REID. The final decision would one time —I do not know whether it is noon talking about how, really, that is rest with the agency of jurisdiction. by the boards or not, now—but they not helpful to us. However, I think under the proposal of talked about putting the rattlesnake I say to my colleague, 80 percent of the Senator from Idaho and myself, on the endangered species list. Those of the prescription drugs that the Amer- prior to arriving at that point there us who have been born and raised and ican public goes to a drugstore to get would be a much more deliberative been around rattlesnakes, we really do have in them elements taken from process than there is now. not believe they are endangered now, plants. I read a series of statements Mr. EXON. Has the Senator ever con- and I do not believe they are. from physicians saying, ‘‘You cannot sidered the possibility of having these But it seems to me at least maybe we stop now. You have some of these list- people proceed as they have with the should consider—not that we can take ed. By the time you get around to list- identification of an endangered species, the time to go through each and every ing some others they are going to be and then, before we added more species one of these things, but certainly, pos- gone.’’ I also say to my friend, al- to that list, it be voted on by the Con- sibly, we should at least consider the though recognizing the Endangered gress of the United States? possibility, when something is put on Species Act as it is written needs Mr. REID. There has been consider- the endangered species list, whether it changing, we cannot, while we are try- ation given to that. But, I would say to is one species or 100 species, at one ing to make the act better, let these my friend from Nebraska, that I think, time, maybe the bureaucracy should species become extinct. And it is not a as I have indicated, we now have 243 have to make a better case to the peo- left-wing cabal that is pushing getting species that have already been listed ple’s representatives here, to say yes or rid of this moratorium. There is a and we have 182 candidate species. I do no, rather than, carte blanche, giving group of Evangelical Christians who not really think that should be the role them the authority after the input are saying, ‘‘You cannot do this. You of Congress, to vote on each of those. that you say should be improved with have to support the listing of these en- We could spend a lot of time that regard to State and local governments. dangered species. Because once they should be spent in the agencies of gov- I am just saying that I have some are gone they are gone.’’ ernment, both Federal and State. Of all concerns. I think this whole matter of So I say to my friend from Nebraska, of the numerous special interest groups endangered species has been over- I recognize that the Endangered Spe- I have listened to—homebuilders and stated, and yet, I must say to my cies Act has some problems, but we are contractors, labor unions, environ- friend, I congratulate him for bringing trying to correct that. The junior Sen- mental groups—I do not think anyone this up, because when we have a situa- ator from Idaho and the Senator from has suggested we should vote on each tion today when we cannot add on any- Nevada have been working to come up one of those. I think they all suggest thing, even though they are critically with a bill that we hope to get out on that the process should be more delib- endangered, it is a concern to me.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1845 Mr. REID. I respond to my friend, we options, have been lost. The morato- toward the prevention of species’ de- not only have a danger of the listing, rium provided no funds to stimulate cline, or their recovery. While the ESA but to this Senator a real concern new approaches for conservation. It moratorium has done virtually nothing about not listing. If we wait too long— provided no financial incentives for to further progress in these areas, we and that is what we are doing in this private landowners. It did nothing to are fortunate to have an administra- instance. I indicated we have 243 that streamline listing procedures or tight- tion that has been busy nonetheless. are waiting to be listed. We need to en the quality of scientific determina- In this past year the Secretary of the proceed. Not listing is a concern. tions of species’ risk. Instead, it built a Interior has implemented a broad se- I also say to my friend from Ne- false hope that somehow these prob- ries of administrative reforms to the braska, in a Nickles-REID amendment lems would simply go away if we tried ESA, including listing procedures for that was adopted by this body 100 to 0 to put them away. endangered species, that go a long way last year, which was an amendment to It is understandable that nature does toward solving problems that may have the Comprehensive Regulatory Reform not heed man’s advice. But it is unfor- existed with it. This reform plan in- Act which we received from the House tunate that we fail to heed nature’s ad- cludes stronger peer review of listings of Representatives, we said that if vice when it is so plain. Wild plants to ensure good science; a safe harbor there is a regulation promulgated by a and animals are declining at rates policy for landowners creating new Federal Agency that has a certain fi- thousands of times faster today than habitat; speedy habitat conservation nancial impact, we in Congress would ever before in the fossil record. It is no plans and negotiated regional habitat have 45 days to look at that, and if we coincidence that man’s population, our protection approaches; greater State did not like it, we could rescind it leg- thirst for natural resources, and our and local involvement in recovery islatively. That is, I am quite certain, environmental problems, have grown planning; and recommendations for going to come back when we do regula- just as fast in the opposite direction. new positive incentives for landowners. tion reform in the next few days. Our ability to intelligently and effec- In addition, the list of so called ‘‘can- So under that proposal, if something tively manage our resources has not didate species’’ has been updated after happened like listing an endangered kept pace with our ability, or desire, to careful scientific peer review. The pro- species in Las Vegas that certainly had use them. That is why we developed an cedure for listing candidates has been a financial impact on the level Senator Endangered Species Act and other laws changed so that only those species NICKLES and I talked about, in that in- for the conservation of wild plants and meeting a higher standard of scientific stance, we would have had the ability animals, and the basic natural re- information are included. in Congress, if the action had been sources upon which both they, and we, Last April when Congress added the grievous enough, to rescind the action depend. We must do a better job of ESA moratorium to the Defense sup- of the Fish and Wildlife Service. managing all natural resources for the Mr. EXON. To use an example, and complete spectrum of human needs plemental appropriations bill it singled then I will yield the floor, if the con- they satisfy, and all of the values they out the ESA, and inaccurately por- trolling agency would declare the rat- provide. Man cannot live by bread trayed it as the cause of many of our tlesnake an endangered species, we in alone. Nation’s economic woes. For the past the Congress could override that under There are many arguments pro and year our economy has been no signifi- what you have in place? con about the effectiveness of the ESA. cantly different than it would have Mr. REID. Under the Nickles-REID Some say our success rate at saving without this moratorium. Today we amendment, if the financial impact is species is too low to be worth the ef- can set the record straight by ending such, as they were told it was in south- fort. Others say that it is too little, too this moratorium and providing an ap- ern Nevada, if there is no financial im- late. For sure, the odds are against us propriate level of funds to get the law pact, we continue. But if there is a fi- when we let problems get so far out of working again. nancial impact, this Congress would hand. So it is a great credit to every- More than a century ago Sir Arthur have a right because that is a regula- one involved in recovery of endangered Conan Doyle, author of the famous tion and rule promulgated by the Fish species that we have so many great Sherlock Holmes mysteries, wrote: ‘‘so and Wildlife Service. success stories like the peregrine fal- often those who try to rise above na- Mr. EXON. I thank my friend for an- con, bald eagle, and Pacific yew tree. ture are condemned to fall beneath it.’’ swering my questions. I have some con- But I say that the single most impor- Let’s not make that mistake with the cerns on both sides of the issue. Mr. tant measure of success for the ESA is ESA by suggesting that a blind eye President, I thank him very much. I whether it has really made us better sees a brighter future. Let’s get back yield the floor. stewards of our resources. on track with the implementation of Mr. REID. I say, as usual, my friend Without a doubt it has. Federal and the ESA with its new reforms, and re- from Nebraska asked piercing ques- State agencies pursue multiple use solve not to waste any more time. For tions, and during his entire time in the goals and conflict resolution with far many creatures, time is running out. Senate he has always been on top of greater expertise than they otherwise Mr. CRAIG. Mr. President, authoriza- the issues. I appreciate the questions. might. Some very bad government tion of the Endangered Species Act ex- Mr. President, I ask unanimous con- projects have been scrapped or modi- pired nearly 4 years ago on September sent that Senator AKAKA be added as a fied over the years. Private conserva- 30, 1992. Since then, Congress has kept cosponsor to this amendment. tion efforts are far more sophisticated the law alive by feeding it new appro- The PRESIDING OFFICER. Without and widespread. Other nations look priations each year. Funding without objection, it is so ordered. more carefully at their actions. authorization is not the way to enact Mr. LIEBERMAN. Mr. President, I Science has pushed farther and wider policy, especially one with such a high believe this Congress erred last year to understand the causes of species de- profile and one which produces such when it allowed passage of a morato- cline, as well as the cures. Because of profound effects on our environment rium on new listings of endangered spe- our concern about other creatures we and our economy. cies, and new designations of critical have learned more about saving our- I have been to the floor numerous habitat. This action did nothing to re- selves and leading better, more sus- times in those 4 years to recount seri- duce the decline of wild plants and ani- tainable lives than we could ever have ous problems with the law as it is being mals in our Nation, and across the hoped all alone. Perhaps that is one administered. world. If anything, the need to prevent reason God put them here with us. Per- their loss has grown, as God’s creatures haps our journey should not be alone. It is far too costly; $500 million per continue to lose a growing war against I recognize that stewardship comes year is being spent on Snake River them. The moratorium did nothing to with sacrifice. And I recognize that it salmon alone. No economic common- reduce the complications or costs of can be misdirected at times. I support sense is being applied—or required— protecting them. In all likelihood, it reforms to the ESA that ensure that under the current law. has only made it more difficult as valu- the sacrifices involved are reasonable, The section 7 consultation process is able time, and preferable management supportable, and specifically targeted out of control. Dozens of projects have

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1846 CONGRESSIONAL RECORD — SENATE March 12, 1996 been delayed past the point of eco- The assistant legislative clerk read intervening action, to be followed im- nomic viability while waiting for con- as follows: mediately by a vote on the Reid currence from the National Marine The Senator from Texas [Mrs. HUTCHISON], amendment, as amended, if amended. Fisheries Service. for herself and Mr. KEMPTHORNE, proposes an The PRESIDING OFFICER. Is there One year ago, a complete shutdown amendment numbered 3479 to amendment objection? of all multiple use activities on 6 Idaho No. 3478. Mr. CHAFEE. Mr. President, I do not national forests nearly became a re- Mrs. HUTCHISON. Mr. President, I intend to object, but I want to ask one ality because of confusion over section ask unanimous consent that the read- question, if I might. If I understood the 7. ing of the amendment be dispensed proposal correctly, there will be ade- Even today, the Forest Service is with. quate time this evening for further dis- proposing to shut down guided rafting The PRESIDING OFFICER. Without cussion. So the Senator is not cutting trips on the Salmon River to protect objection, it is so ordered. things off right now, as I understand spawning salmon. But they are pro- The amendment is as follows: it? posing to stop rafting at times of the In the language proposed to be stricken, on Mrs. HUTCHISON. That is correct, year when there are no fish in the page 75 insert the following: ‘‘Provided fur- Mr. President. The floor will be open river. None of this makes any sense, ther, That no monies appropriated under this for debate unlimited tonight, but this and it unnecessarily angers people, but Act or any other law shall be used by the will take effect after the debate has that is the way the law is being ap- Secretary of Commerce to issue final deter- finished tonight, and it will be the pro- minations under subsections (a), (b), (c), (e), cedural order. plied. (g) or (i) of section 4 of the Endangered Spe- The law makes enemies of private cies Act of 1973 (16 U.S.C. 1533), until such Mr. CHAFEE. Mr. President, I thank landowners because of the regulation time as legislation reauthorizing the Act is the Senator. and fear it engenders. You don’t build enacted or until the end of fiscal year 1996, Mr. REID. Reserving the right to ob- cooperation for endangered species by whichever is earlier, except that monies ap- ject, Mr. President. taking a person’s rights or their land. propriated under this Act may be used to The PRESIDING OFFICER. There is Despite the obvious need to reauthor- delist or reclassify species pursuant to sub- no reservation of the right to object. ize the ESA, reform legislation has sections 4(a)(2)(B), 4(c)(2)(B)(I), and The Senator is recognized for an in- been locked in the Senate Environment 4(c)(2)(B)(ii) of the Endangered Species Act, quiry. and may be used to issue emergency listings Mr. REID. Mr. President, just so I un- and Public Works Committee year under section 4(b)(7) of the Endangered Spe- after year. cies Act.’’ derstand the unanimous-consent re- My patience has run out. The author- On page 412, line 23, strike ‘‘$497,670,000’’ quest, there will be 15 minutes con- izing committee must generate action and insert ‘‘$497,670,001’’. trolled by the Senator from Nevada on the two reform bills which have sat On page 412, line 24, after ‘‘1997,’’, insert and 15 minutes controlled by the Sen- in committee for months—Senator the following: ‘‘of which $750,001 shall be ators from Idaho and Texas in the GORTON’s S. 768 and Senator KEMP- available for species listings under section 4 morning? of the Endangered Species Act of 1973 (16 THORNE’s S. 1364. I am a cosponsor of Mrs. HUTCHISON. That is correct, U.S.C. 1533),’’. Mr. President. both bills. In the language proposed to be stricken, Until we turn seriously to the matter strike all after the word 1997 on page 413, line The PRESIDING OFFICER. Is there of reauthorization, I will continue to 11, through the word Act on page 413, line 20, objection? Without objection, it is so support the moratorium on new list- and insert the following: ‘‘Provided further, ordered. ings and designations of critical habi- That no monies appropriated under this Act The Senator from Texas is recog- tat. or any other law shall be used by the Sec- nized. The people of Idaho and the Nation retary of the Interior to issue final deter- ORDER OF PROCEDURE continue to believe that conserving minations under subsections (a), (b), (c), (e), Mrs. HUTCHISON. Mr. President, I fish and wildlife species for the enjoy- (g) or (i) of section 4 of the Endangered Spe- cies Act of 1973 (16 U.S.C. 1533), until such announce, on behalf of the leader, that ment of future generations is still the time as legislation reauthorizing the Act is there will be no further votes tonight, right thing to do. They want to make enacted or until the end of fiscal year 1996, and that the votes will occur as de- changes to the law, but don’t want to whichever is earlier, except that monies ap- scribed in the previous order. see the Endangered Species Act elimi- propriated under this Act may be used to The PRESIDING OFFICER. Who nated. delist or reclassify species pursuant to sub- seeks recognition? The Senator from Senator KEMPTHORNE’s bill walks sections 4(a)(2)(B), 4(c)(2)(B)(I), and Idaho is recognized. that line by: using incentives on pri- 4(c)(2)(B)(ii) of the Endangered Species Act, Mr. KEMPTHORNE. Mr. President, vate lands, not regulations; granting and may be used to issue emergency listings let me acknowledge the chairman of under section 4(b)(7) of the Endangered Spe- States a greater role; offering realistic cies Act.’’ the Environment and Public Works conservation alternatives; and requir- On page 461, line 24, strike ‘‘$1,255,005,000’’ Committee, Senator CHAFEE, who ing that priorities be set and costs con- and insert ‘‘$1,255,004,999’’. spoke just a few moments ago. He ref- trolled. On page 462, line 5, before the colon, insert erenced the hearings that we held The committee has been ignoring the following: ‘‘, of which not more than around the country. I want to com- these good ideas. They are covering $81,349,999 is available for travel expenses’’. pliment Senator CHAFEE, because while their eyes and pretending that no sig- UNANIMOUS-CONSENT AGREEMENT he is the chairman of the full com- nificant problems exist while holding Mrs. HUTCHISON. Mr. President, I mittee, he still attended all the hear- ESA reauthorization at bay. ask unanimous consent that the Sen- ings. In addition to the hearings, he I am confident we can reform the law ate resume consideration of the took part in the field trips associated in a way which will win the confidence Hutchison-Kempthorne amendment to with them. That fact just speaks vol- of the American public. We must give the Reid amendment at 9:30 a.m. on umes as to how he is approaching this it a try. I challenge the committee to Wednesday, March 13, after the Mem- issue—trying to see the perspective of move toward open debate and consider- bers who are here have had a chance to those of us from States that are nat- ation of reform legislation. debate, of course; that there be 30 min- ural resource based who feel how oner- Until that happens, I will support the utes of debate equally divided between ous the Endangered Species Act has moratorium. Senators HUTCHISON and REID; further, been in its administration. I think he AMENDMENT NO. 3479 TO AMENDMENT NO. 3478 that immediately following that de- also heard from the people in the West Mrs. HUTCHISON. Mr. President, I bate, the amendments be temporarily that they support the goals of the En- offer an amendment to the Reid set aside; that immediately following dangered Species Act. They want to amendment. I send it to the desk and the cloture vote at 2 o’clock p.m., Sen- make it work. Right now, it is not ask for its immediate consideration. ator REID be recognized to make a mo- working. This is a Hutchison-Kempthorne tion to table the Hutchison amend- Senator REID, who is the ranking amendment. ment; further, if the Hutchison amend- member of the subcommittee that I am The PRESIDING OFFICER. The ment is not tabled, the Senate proceed privileged to chair, has pointed out clerk will report. to a vote on the amendment without that we are engaged in those sessions

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1847 where we regularly are discussing the and how it applies. When we enacted emergency listing power to protect the elements of a reauthorization of the the moratorium initially last year species. Endangered Species Act. Our staffs are there was a sense that we needed a Finally, the Hutchison amendment fully engaged in this so that we can timeout from the listing process, a allows the Secretary to delist and come up with a reform of the Endan- sense that the Endangered Species Act downlist species if that action is appro- gered Species Act, because just as Sen- as it is currently implemented is not priate. The moratorium is an impor- ator REID has stated that he has heard working. The act is not saving the spe- tant first step in our effort to achieve no group say that we ought to abolish cies that we all want to preserve. It is substantial reform of the Endangered the Endangered Species Act, I do not not saving those species. Species Act. think I have heard of any Senator say- The purpose of the moratorium was As chairman of the Drinking Water ing we should not reform the existing to give all of us and the administration and Fisheries and Wildlife Sub- act. So we are engaged in that. and Congress an opportunity to explore committee I have held a number of Senator CHAFEE and Senator BAUCUS, meaningful reform of the act to make field hearings as well as hearings here who spoke moments ago, said that we it work better. in the Nation’s capital to look at the ought to abandon any sloganeering and That purpose for the moratorium is current Endangered Species Act and to the rhetoric. Boy, do I agree with that. just as relevant today and maybe even identify ways to improve the act. This issue on the Endangered Species more so. Together with my colleague, It is clear from the testimony we gather that the Endangered Species Act, without question, is one of the Senator REID, who is the ranking mem- most polarized issues that Congress ber of the subcommittee that I chair, I Act has not accomplished what Con- will deal with, because you are so am using this timeout to reform and gress intended when it was written quickly labeled if you deal with the En- improve the Endangered Species Act. more than 20 years ago. And it is clear dangered Species Act. You are going to Our goal—and I emphasize the words that it is possible to achieve better re- be labeled either antibusiness or ‘‘our goal’’—is to develop the bill over sults for species by improving the act. antienvironment. Now choose. But the next few weeks that will actually That is what we are engaged in, trying which of those is a winning label? preserve endangered species and im- to improve the act. When Congress passed the Endan- That is why we have to stop this non- prove their habitat. This is a goal that gered Species Act of 1973, it was in- sense of the rhetoric that is escalating we can all share. But the moratorium tended to slow the extinction of plants this and do what is right for the species is an important element of that effort. and animals that we share this Earth and for the people who are the stewards People outside of the beltway who have with. When former Senator Jim of this land trying to protect the spe- to live with the real-life impact of the McClure, who was here when the ESA cies and bring about the well-being of Endangered Species Act understand the was first written, testified before the these species. importance of the moratorium. Environment and Public Works Com- We undertook this same sort of effort Let me read an excerpt from a letter mittee just 2 years ago, he referred to with the Safe Drinking Water Act: 10 I received last week from the American the Endangered Species Act as a ‘‘great months of sitting down at the table, Farm Bureau. They state: and noble experiment.’’ back and forth, back and forth. And I Authorization of the Endangered Species He stated it was the intent of Con- will tell you, for a number of those Act expired over 3 years ago. Congress has gress in 1973 to ‘‘legislate the lofty months, Senator CHAFEE and I did not clearly failed in its responsibility to address ideal of a National effort to conserve the issue surrounding how our Nation is pro- agree. But we ultimately agreed, as did species * * *.’’ He also made it clear Senator BAUCUS and Senator REID. tecting endangered species. This has oc- curred despite the calls for change in the act that the way the Endangered Species We are trying to do the same sort of Act has been regulated has made a process so that we can bring about from business, the environmental commu- nity, Secretary Babbitt, and others. Farmers mockery of that intent. He stated that meaningful reform of the Endangered and ranchers, thousands of whom attended ‘‘* * * lack of specific direction in Species Act. ESA field hearings throughout the Nation, some areas of the act could be cor- I do not know if it is possible this are concerned that a new Endangered Spe- rected by the administrative agencies year. I do not know if this thing has cies Act will never even be considered by the charged with implementing the act.’’ been so highly politically charged and Congress. Clearly without a listing morato- But in Roseburg, OR, in Lewiston, if somebody has made a determination rium, there is no incentive to reauthorize ID, and Casper, WY, the people who the act. that this is going to be the political lit- live with the ESA told us correction mus test on whether or not you are It is for that reason that I cospon- has not happened. We heard from a proenvironment or not. If that has hap- sored the amendment by Senator rancher in Joseph, OR, who described pened, then we can stop right now, be- HUTCHISON. The Hutchison amendment how Federal regulators under the cause it will not happen. We will play as I stated, will continue the morato- threat of a lawsuit from environ- politics with it. And that is wrong. rium until we either reauthorize the mentalists tried to stop all grazing on I stood here on the floor of the Sen- law or at the end of the existing fiscal forest lands in the mountains because ate when we dealt with the enactment year. This will keep the pressure on all salmon were spawning in streams that of the funds for listing activities, the of us to craft a bill that we believe ad- ran through the private lands below. rescission package. I stood here and I dresses the real problems with the En- But, in his words, ‘‘the cows were up in defended the money that was author- dangered Species Act. the high mountains, as far from the ized and appropriated because it is a The moratorium also applies only to spawning habitat as you could get.’’ meaningful activity. I am pleased to final listings. The Secretary can still The ranchers had supporting letters cosponsor the second-degree amend- perform all of his other functions under from the Northwest Power Planning ment offered by the Senator from the Endangered Species Act, including Council and the Oregon Department of Texas, Senator HUTCHISON, because the all preliminary activities up to final Fish and Wildlife, but the Federal regu- amendment is very straightforward. It listing and actions related to the re- lators would not see the reason to this. allows all listing-related activities ex- covery of listed species. We also heard from county officials cept the final determination that a spe- The Hutchison amendment improves in Challis, ID, about another lawsuit to cies is threatened or endangered. And on the current moratorium by recog- shutdown all resource related activi- significantly, it also allows the Sec- nizing that situations may arise where ties on national forests in Custer the retary to emergency list a species a species is really in trouble. I do not Lemhi Counties for the sake of pre- under the existing regulations. It also want to drive any species to extinction. serving salmon habitat. The lawsuit allows the down listing of endangered I do not know of anyone else who would have resulted in a loss of 31 per- to threatened and the delisting of final would willingly do so. Therefore, if cent of the county’s job and a 38-per- rules. Straightforward. there is an emergency and the Sec- cent decrease in earnings. The impact I want to discuss then the very real retary has complied with the other re- on salmon would have been negligible need for Endangered Species Act re- quirements of the act, the Secretary since over 90 percent of the salmon form and the role of the current mora- can add the species to the list and spawning ground in Custer County is torium that is on the books right now would have the authority to use this on private land.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1848 CONGRESSIONAL RECORD — SENATE March 12, 1996 We need to do a better job of making they were ever challenged because the in environmental regulations and over- this act work, while recognizing the le- changes are not part of the law. sight. After all, who knows better gitimate needs of people at the same I saw a very real need to include the about what each community needs, a time. We have let the regulators use Secretary’s plan in my bill, and so the local leader or someone hundreds of the Endangered Species Act as a club Secretary’s 10-point plan is part of the miles away in Washington, DC? against the very people who ought to reform that is being offered. There are national environmental help make the Endangered Species Act I also looked at the Western Gov- standards that must be set in the En- work * * * that is the citizens of the ernor’s Association who had been dangered Species Act, and the Federal United States. The fact is the people through an exhaustive process to deter- Government must make that deter- spend too much time trying to comply mine what that bipartisan group of mination, but Federal resources must with too much paperwork and too Governors needed by way of Endan- be targeted and allocated more effec- many regulations from too many Fed- gered Species Act reform. We have in- tively, and that’s why we must have a eral agencies. Just the consultation corporated all of the language of the greater involvement by State and local process alone can take years, particu- Western Governor’s Association into officials. larly when the agencies involved dis- this reform that we are bringing for- The improvements we need in Wash- agree as they often do. In one case in ward. ington go beyond State and local in- Idaho, for example, a simple bridge was Last month the President was in volvement. We need to plan for the fu- held up for over a year while the Na- Idaho addressing the needs of flood vic- ture of our children, not just for today. tional Marine Fisheries Service re- tims in the northern part of my State. Science and technology are constantly viewed a proposed construction plan During the course of his visit we had a changing and improving. In the case of that had been already approved by the good discussion about these environ- the Endangered Species Act, the Fed- Corps of Engineers, the Idaho Depart- mental issues. Working off of the co- eral Government hasn’t kept up with ment of Fish and Game, Idaho Depart- operation between Federal, State and these improvements, and old regula- ment of Water Resources, and Idaho local governments who are working to- tions have become outdated and don’t Department of Environmental Quality. gether to help flood victims, the Presi- do the best job they can. That is why I The National Marine Fisheries Service dent acknowledged and made the point want to reform the Endangered Species ultimately prevailed. Their bridge cost that we need to establish the same sort Act. over four times as much as the original of partnership to reform the Endan- In the meantime, Mr. President, I approved design. gered Species Act. I want to take him think the moratorium on listings is the Citizens spent too much time being up on that challenge. best tool we have to ensure that we afraid that a threatened or an endan- I want to take this opportunity to continue to work toward meaningful gered species will appear on their land again compliment Senator REID, be- reform of the Endangered Species Act. and they will then be told what they cause we are working through this I conclude by saying this: As I lis- can and cannot do with their land. In process. I hope it will bear the results tened to Senator REID make his points our field hearings, for example, several that we are after. It should. We are about the areas that he thinks we people testified that land owners who making a good-faith effort. It should should focus on, I do not find myself in had previously managed their land in- because it needs to be done. It should disagreement. He is touching on a telligently in a way to preserve older because we ought to do it this year in- number of those issues that I do think trees are now cutting them down stead of having to see that it becomes we need to deal with. We may have a quickly because they are scared. They political fodder and we cannot deal different approach as to how we correct are scared that the Federal Govern- with it. them. That is what we are discussing ment will find new endangered or I want to move forward this year at our sessions that we regularly con- threatened species down the road and with kind of a bipartisan bill that will duct. We need to deal with this. come in and tell them that they will incorporate the very real changes that Senator CHAFEE referenced Noah and not be able to cut down their trees in everyone agrees are needed. Until then the flood—now when I had the discus- the future. it only seems appropriate that the sion with the President, we referenced The Endangered Species Act needs to timeout represented by the morato- that too. I have heard people say that be carefully reviewed, carefully de- rium is the best way to encourage ev- you should not change the Endangered bated, carefully rewritten so that it ac- eryone to stay at the table until we get Species Act, and they call it Project complishes its fundamental purpose to this job done. Noah, where Noah was charged to save conserve species. We cannot wait any Perhaps the administration agrees. those animals two by two. I believe longer. The original reasons for the The moratorium was not in force dur- that Noah had to have two-by-fours in moratorium remain valid. Until the ing certain periods between continuing order to construct the ark to save Endangered Species Act is reformed to resolutions during 1995. The Secretary those animals, so we need balance. If accomplish what it was intended to do, announced that he was not going to there had been an Endangered Species there is no reason to add more species rush through various listing packages Act in existence at the time that Noah to it. or critical habitat designations during was charged with saving those species, The only condition for removing the that time. Instead, he honored the in- I do not know if he would have gotten moratorium was reform to the Endan- tent of the moratorium. Why honor the permits before the floods came. gered Species Act. Interior Secretary intent of the moratorium when it did That is how a lot of landowners feel Bruce Babbitt initially said there was not apply, and now seek to overturn it right now. They want to save the spe- no need for legislative changes in the during an emergency bill? cies. They can do it. Who are the very act. After 2 years, though, of initiating There is an emergency in America people that can do it? Is it the attor- administrative corrections to the act, concerning the Endangered Species neys in the courtrooms litigating all of he told my subcommittee that he was Act. And from the view of my State, this? Absolutely not. Where you save recommending a 10-point legislative that need must be addressed by reform, the species is on the ground. On the plan to address endangered species. A not just adding more species to the ground, where their habitat is. 10-point legislative plan. list. If there is an emergency with re- So why do we not change this whole It appeared the changes he rec- gards to a particular species as a result atmosphere from adversaries to advo- ommended were largely to bring the of this moratorium, let Members ad- cates? Why do we not enlist all of the Endangered Species Act into compli- dress that. American people in this great crusade ance with his administrative changes. It is evident to me that if we are to to save these species? Right now we In fact, a major landowner who has move forward to a safer, cleaner, have them divided right down the mid- spent literally millions of dollars to healthier future, we have to change the dle. I challenge all of us that are deal- comply with the Secretary’s adminis- way Washington regulates laws like ing with this issue to step up to the trative changes told our committee the Endangered Species Act. States plate so that Congress no longer abdi- that they were not sure how their in- and communities must be allowed, cates its responsibility because it is vestment would hold up in the courts if even encouraged, to take a greater role too politically sensitive. We should

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1849 deal with it, deal with it for the spe- for an emergency listing. By that time ibly active role in managing this spe- cies, and deal with it for the people it is close to being too late. That is the cie. While Montanans are proud of our who in too many instances are finding whole problem. That is why this mora- wildlife, we are equally proud of the that it threatens their well-being, it torium is bad business. Now it said lifestyle we cherish. This is based on threatens entire communities. here, well, we agreed to a moratorium the balance and wise-use of our lands. That is not what was intended by last April so, therefore, we agreed to a Senator REID’S amendment would re- Congress in 1973 when it first enacted moratorium in perpetuity. No, I never peal a moratorium on the listing of the Endangered Species Act. We should agreed to anything like that. I agreed new species on the endangered list. be realistic. I am being realistic in co- to a moratorium last April that took Under the moratorium, prelisting work sponsoring the Hutchison second-de- us through to the end of that fiscal and recovery activities are still under gree amendment. It is going to keep us year. That does not mean I am for way. The moratorium does not effect at the table. It is at the table that we going on and on with this business, es- these activities. are going to write the reform that is pecially because of the very point that But, the moratorium on listing is im- necessary with regard to the Endan- it seems to me that the second-degree portant because it gives the Congress gered Species Act. amendment stresses, that by having and the administration an opportunity Mr. President, I ask unanimous con- these moratoriums the situation gets to reexamine the Endangered Species sent to have printed in the RECORD the worse and worse, no action is taken, Act. We need to allow the Environment letter from the American Farm Bureau and then you come rushing in under an and Public Works Committee an oppor- Federation, referenced earlier in my emergency listing. Yes, that is better tunity to do their job. The committee remarks. than nothing but by that time it is held a number of hearings last year There being no objection, the mate- probably too late. The cost is so sig- throughout the United States on the rial was ordered to be printed in the nificant. act. Now, we need to allow the com- mittee to report a bill which will ad- RECORD, as follows: In connection with that, I might say they reduce the money that has been dress the inadequacies of the act. WASHINGTON, DC, While most Americans agree we need March 7, 1996. proposed by the Senator from Nevada to protect and recover endangered spe- Hon. DIRK KEMPTHORNE, very, very substantially. The moneys cies, there are a wide range of beliefs U.S. Senate, Dirksen Senate Office Building, that are available are not going to do on the extent and costs which should Washington, DC. the trick here as far as saving these be incurred. DEAR SENATOR KEMPTHORNE: During con- species that have now reached the sideration of the Continuing Resolution, we The process is out of control. For emergency situation. urge you to oppose any effort to remove the every dollar we spend on recovery, we For those reasons, Mr. President, I do moratorium on listing of endangered species spend another on process. This includes not find that the second-degree amend- or the designation of habitat for endangered consultation, law enforcement, listing, species. ment solves the problems we have been and permits. That ratio needs to Authorization of the Endangered Species dealing with here this evening. I hope, change. We need more recover for our Act expired over three years ago. Congress as I hoped the original amendment money. has clearly failed in its responsibility to ad- would be approved, namely, the Reid dress the issues surrounding how our nation One example for Montana, Idaho, Or- amendment, I hope that careful consid- egon, and Washington is the salmon. protects endangered species. This has oc- eration would be given by all to this curred despite the calls for change in the Act Should we spend $1 billion each year from business, the environmental commu- second-degree amendment and there and increase electric rates in the name nity, Secretary Babbitt and landowners. will be a motion—I presume by the of the salmon in the Columbia River? Farm Bureau, at every level, has involved Senator from Nevada—to table that Yet we have not recovered one fish in itself in providing the Congress with a second-degree amendment. I urge fa- the process. wealth of information on ESA and how farm- vorable consideration of that motion to We can do a better job at protecting ers and ranchers can be part of the solution table because of the reasons enun- species at a lesser cost to the Federal in protecting species. Our members, thou- ciated. Namely, we do not want this treasury, local communities dependent sands of whom have attended ESA field hear- situation to reach the emergency sta- ings throughout the nation, are concerned on natural resources and landowners. I that a new Endangered Species Act will tus. hope the Reid amendment will be re- never be even considered by the Congress. Mr. BURNS addressed the Chair. jected and that we can continue to con- Clearly, without a listing moratorium, there The PRESIDING OFFICER. The Sen- sider a complete reauthorization of the is no incentive to reauthorize the Act. ator from Montana is recognized. act in the near future. Again, we ask that you oppose any effort Mr. BURNS. Mr. President, the de- Mr. President, the work that has to remove the moratorium and support any bate Senate REID has started regarding been going on now for the reauthoriza- effort to reauthorize the Act this year. the Endangered Species Act is a good tion of the Endangered Species Act has DEAN R. KLECKNER, one. We need to reexamine this act and been going on ever since I walked President. where we have succeeded and where we through these doors. I would like to Mr. CHAFEE. Mr. President, I want have failed. have a nickel for every word that has to express my appreciation for all that However, the amendment by my been spoken about the good intentions the junior Senator from Idaho has done friend from Nevada moves a step away of reauthorizing the act. It has not in connection with working on the re- from reforming a well-intended law. been done yet. Given that track record, authorization of this act. As he pointed Therefore, I must oppose Senator it just goes to prove that the way out, he has a determination, and I REID’S amendment. Washington works and the way we reg- share that determination, to get this The Endangered Species Act [ESA] ulate have to be looked at. act reauthorized this year. was well intended. But, like many good I would rather this amendment not Here is the situation, Mr. President: ideas, its original intent has been come up. I do not think this is the time As I understand the second-degree twisted and misused. It has been or place to consider this issue, as an amendment that the Senator from turned away from an act designed to amendment on this bill. The Com- Texas and the Senator from Idaho have protect species, and instead is being mittee on Environment and Public submitted, and if I am wrong I would used to close down thousands, if not Works has the reauthorization now appreciate if he would correct me, I millions, of acres of land throughout under consideration and should come have a copy of it here, but there may our country. forth with legislation for this body to have been changes to it since. What In Montana, we have wolves being vote on. this does is say to the Secretary of In- placed in Yellowstone as an experi- We should let that process move for- terior that in an emergency there can mental population under the Endan- ward. The law, in its present form, is be a listing of the animal or plant as gered Species Act. We have miles and not working in the manner in which it endangered. miles of roads being closed in order to was intended or in a way it can be suc- What that means to me, and here is protect grizzly bears. And, we face the cessful. If we who serve here in the the problem, the situation has gotten threat of listing of the Bull Trout even Senate are to pursue sensible environ- so desperate that it therefore qualifies though our State is taking an incred- mental policy that preserves the gains

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1850 CONGRESSIONAL RECORD — SENATE March 12, 1996 that we have made in the last two dec- spent over $2 billion in recovery, both They should keep working on this ades, then this law will have to be in taxpayers’ money and ratepayers’ law. They should bring it forward. But changed to make it user friendly, and money, on the Columbia River trying I am kind of like the Nike commercial: also to approach the problem of endan- to recover the sockeye and the chinook ‘‘Let’s do it.’’ Let us quit talking about gered species in a plain, everyday, com- salmon. You can buy salmon in any it and do it. Let us quit dealing with monsense way. If there is anything we grocery store fresh, frozen, or canned. people that might be like a featherbed are short of here, it is common sense. As you know, we had the terrible acci- because the last one that sits on it However, that not being the case in dent in Prince William Sound in 1989 leaves the biggest impression. Let us this instance, let us look and see the when the Exxon Valdez ship hit a rock do it because the law needs to be re- merits of this amendment and, of and spilled the crude. Everybody said formed. My friend from Nevada under- course, the second-degree amendment. the fishing would be gone forever. The stands that, and also my friend from The moratorium now in effect is just other day in that particular part of the Idaho does. on listings. Until a couple of weeks world—I noticed that the Secretary of We want to see it survive, and we ago, we had 2,500 to 3,000 candidates on Agriculture, Dan Glickman, went to want to see it work in the best interest the list to be considered for listing. Alaska, and the harvest of salmon was of mankind and also for the species Under the moratorium, we now have so big that the Department of Agri- that are involved. Let us look at fair- 184. The Secretary of the Interior using culture has decided to buy an extra ness. Let us look at balance. But let us a model in which to cut those way back amount of salmon for the school lunch make sure that it works. Let us in- so it does not sound like they are not programs around this country. volve local government from the coun- working to make it work. And recovery The market is depressed because of ty commissioners to the city council. plans on those who are actually on the an oversupply. Mr. President, I am sure Let us work with Governors and State endangered list continue. not opposed to the School Lunch Pro- government. Let us work with the fish Now, I suggest to this body that for gram. In fact, I am a great supporter of and game people and the wildlife biolo- as much money as it has cost, the re- it. I even like the idea that salmon gists that are found in each and every covery record has not been very good. should be a part of the diet. But it does State, because each and every State is If the sponsor of this amendment wants seem strange to me that we have chi- unique and they have a very unique bi- to take credit for delaying this bill, nook and sockeye salmon on the en- ological base. thus leaving the employees for the re- dangered species list where we will be So let us reject the Reid amendment spective departments not knowing—we able to buy it anywhere in the world, totally, and let us bring forth a new should give them some predictability and yet, we have spent all that money bill. Let us dedicate ourselves to it be- and planning for which they are re- with the possibility of endangering cause I think we owe it to the tax- sponsible with regard to this Endan- hydro power production on the Colum- payers of this country. gered Species Act. bia River. I think we can cite a lot of Mr. President, I yield the floor. Recovery plans must move on. It can- those kinds of instances where common Mr. REID addressed the Chair. not move on as long as the appropria- sense has absolutely been laid aside to The PRESIDING OFFICER. The Sen- tion is hung up here in the U.S. Senate. make it work. ator from Nevada. It is not fair to the employees, nor is it I hope my colleagues will reject this Mr. REID. Mr. President, I reluc- fair to the taxpayers of this country, amendment and allow the committee tantly disagree with my friend from nor is it fair to what we are trying to of jurisdiction to complete its work in Montana on the bulk of his statement. do, which is to preserve a base of bio- reforming the law. Let us involve local I say to my friend before he leaves the logical diversity that we all know is government; let us involve local citi- floor that one of the most pleasant ex- very, very important. zens when we start talking about list- periences I have had in the U.S. Senate The sponsors of this amendment ing; and let us separate this business of has been working with the junior Sen- must understand that the very people listing from the business of recovery. ator from Montana on the Appropria- who are administering this law are the Right now, the way the law is written, tions Committee, he being chairman of ones that are funded by this legisla- if a species is put on the endangered the Military Construction Sub- tion. But sometimes I do not under- list, it is head-over-heels costs. It committee and me being the ranking stand the motives on such predict- means nothing. We start the recovery member. He is easy to work with, and ability. program and, as we have found out, I think we have been very productive I do not think we have an endangered that becomes very expensive. Let us in that subcommittee. species crisis or an environmental cri- not knee-jerk this around because it is Mr. President, first of all, let us go sis here. I do not feel there is any great a highly charged issue, just to appease back and reflect on how we arrived at urgency or a great care for the mainte- some folks who want an environmental the point where we are now. The junior nance or restoration of a healthy bio- record. Senator from Texas offered an amend- logical base or diversity—not in this When one has to answer and solve a ment to stop listing further species particular exercise, not on this day. I problem or policy, or enable problem until the end of the fiscal year. That have a feeling there is a little bit of solving to go forward, and we do it by was the end of last fiscal year—not this politics in this. But, after all, that just throwing taxpayer money at it, I fiscal year. should not surprise any of us. It is like do not think that is the correct ap- I read from the CONGRESSIONAL I said, the work goes on. Right now, proach. And if we are to pass on to the RECORD where the Senator said the there are around 900 domestic species next generation a world where clean amendment rescinds $1.5 million of that are listed on the threatened or en- water and clean air is the hallmark, funding for new listings of endangered dangered list. There are another 900 on and a broad-based biological diversity or threatened species, or designation of the foreign endangered species list. is intact, then we must approach it and critical habitat, through the end of the There were 3,500 to 4,000 a couple of we have to make sure that this law fiscal year, which is a little more than weeks ago on the candidate list, which survives. 6 months from now. It provides remain- is now down to 182. So the work con- As it is right now, it may not—the ing funds not to be used for final list- tinues. total law—because of people and the ings. So it is not that the U.S. Fish and actions that they take to prevent it Mr. President, this so-called emer- Wildlife Service does not have enough being applied to my property or my gency moratorium was to end last Oc- work to do without this moratorium, neighbors’ property. tober 1. Here it is October, November, because they do. This has been a very, So, Mr. President, the moratorium December, January, February, and we very expensive law. And, at times, it should stay intact. And there are those are in the middle of March—6 months has defied common sense. In most who are dedicated. I know that my later, almost 1 year later, and it is still areas, the law has not worked. It is friend from Nevada—I worked with him going on. That is wrong. The record is being used for a purpose that it was not on another committee—when he com- replete with examples of why we should intended for. mits himself to something, he does it not have this moratorium. I would like to look at a couple of wholeheartedly and with a great deal There are species of plants and ani- species that have been listed. We have of integrity. mals that are life-sustaining that will

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1851 relieve pain and misery throughout the Does the Senator from Montana seek has been digging out, literally and figu- world. Eighty percent of the drugs pre- recognition? ratively, from the effects of Mt. St. scribed to the American public are Mr. BURNS addressed the Chair. Helens ever since 1980. These last two compounds that initially come from a The PRESIDING OFFICER. The Sen- floods have exacerbated the movement plant or other species. ator from Montana. of sediment in the Toutle, Cowlitz and Mr. President, I say to my friend MODIFICATION TO AMENDMENT NO. 3473 Columbia Rivers creating both flooding from Montana who gave the example of Mr. BURNS. Mr. President, I ask and navigation concerns. Will the cur- the oil spill in 1989 that I hope—I am unanimous consent to modify amend- rent Senate bill provide funding so the sure—the intent of the Senator was not ment No. 3473, to make technical Corps of Engineers can use authorities that we have more oil spills to increase changes that I will send to the desk. available to them to review and correct the population of fish around the Further, I ask unanimous consent to these newly created problems? world. We all know that there is a lot restore text at the end of amendment Mr. HATFIELD. Yes, this bill pro- of fish where the oil was spilled. It was No. 3473. Language that appears on vides funding for the corps to address not because of the oil being spilled pages 778, line 1 through 781, line 4 of problems such as those raised by my there. amendment No. 3466 was inadvertently good friend, the Senator from Wash- I also say to my friend from Montana deleted. ington. that the numbers of species that he I send the technical changes to the Mr. CONRAD. Mr. President, I note talked about is daily. The Department desk. that the chairman and ranking mem- of the Interior published within the The PRESIDING OFFICER. Without ber of the Commerce/State/Justice Ap- past couple of weeks; the prepublica- objection, it is so ordered. propriations Subcommittee are on the tion copy was February 23 of this year. So, the modification to amendment floor at this time. Senator DORGAN and The Department of the Interior Fish No. 3473 is as follows: I would like to engage them in a col- and Wildlife Service, 50 Code of the Under the heading ‘‘Departmental Manage- loquy concerning the amendments Federal Register, Part 17, Endangered/ ment, Salaries and Expenses’’, $12,000,000, of which we offered and which were ac- Threatened Wildlife and Plants, re- which $10,000,000 shall be only for terminal cepted yesterday to help prevent flood- vealed plants and animals that are can- leave, severance pay, and other costs di- ing at Devils Lake, ND didates of listing as endangered or rectly related to the reduction of the number The omnibus appropriations bill now threatened species. There are 182. They of employees in the Department. In addition to the amounts provided for in includes emergency funding to address eliminated the others. flooding at Devils Lake, ND. The lake So, as I indicated earlier, Mr. Presi- Title I of this Act for the Department of Health and Human Services: is located in Benson and Ramsey Coun- dent, we have 243 species that have al- Under the heading ‘‘Health Resources and ties, as well as in the Devils Lake ready been proposed for listing. We Services’’, $55,256,000: Provided, That Sioux Indian Reservation. Last year, as have 182 that are candidate species. $52,000,000 of such funds shall be used only for my colleagues know, the lake reached This is what we have to make sure of State AIDS Drug Assistance Programs au- a 120-year high water level, causing —that we are allowed to process these thorized by section 2616 of the Public Health more than $35 million in damages. The in an appropriate order. This does not Service Act and shall be distributed to National Weather Service projects that mean when the moratorium is lifted States as authorized by section 2618(b)(2) of the lake will rise an additional 21⁄2 to 3 that we are going to have 182 or 243 such Act; and Under the heading ‘‘Substance Abuse and feet this year. It is our understanding thrown at the American public in a day Mental Health Services’’, $134,107,000. that the additional $10 million provided or two. It will take years. But the proc- PART 3—GENERAL PROVISION to the Economic Development Admin- ess needs to go forward for the reasons Notwithstanding any other provision of istration is to undertake emergency that I have mentioned. this Act, section 4002 shall not apply to part We are dealing literally with life and flood prevention efforts at Devils Lake. 1 of chapter 3 of title IV. These emergency funds are critical to death. We have been very patient. The On page 539, lines 18 and 19, and page 540, chairman of the full committee voted line 10, decrease each amount by $200,000,000. the area’s economy, and will help pre- with the junior Senator from Texas on On page 546, increase the rescission vent some of the $50 million in flood the original moratorium. I think ev- amount on line 21 by $15,000,000. damages expected this year at Devils eryone who voted for it was willing to On page 583, lines 4 and 14, decrease each Lake. say, ‘‘Well, we will give it until the end amount by $224,000,000. Mr. DORGAN. It is also our intention of this fiscal year.’’ But then, after the ADMINISTRATION FOR CHILDREN AND FAMILIES that the State of North Dakota or its JOB OPPORTUNITIES AND BASIC SKILLS fiscal year, we got into the continuing designee be the EDA grant recipient in resolution process. I think there were (RESCISSION) order to get emergency funding to the 10 CR’s offered in the past few months, Of the funds made available under this Devils Lake area as quickly as pos- and in each one of those the morato- heading elsewhere in this Act, there is re- sible. An Interagency Task Force, scinded an amount equal to the total of the headed by FEMA Director James Lee rium was extended and extended and funds within each State’s limitation for fis- extended, and it has been to the det- Witt, has recommended that 100,000 cal year 1996 that are not necessary to pay acre-feet of water be stored on upper riment of the American public. We owe such State’s allowable claims for such fiscal it to the American public to process year. basin lands as part of a comprehensive these species of plants and animals Section 403(k)(3)(F) of the Social Security strategy to deal with the unprece- that are listed. Doing so, Mr. Presi- Act (as amended by Public Law 100–485) is dented high water. Additionally, the dent, will benefit mankind and cer- amended by adding: ‘‘reduced by an amount Army Corps of Engineers’ Contingency equal to the total of those funds that are Plan and the Interagency Task Force tainly do the thing that is fair. within each State’s limitation for fiscal year The emergency listing in the second- recommended raising essential roads 1996 that are not necessary to pay such that are expected to experience flood degree amendment is very transparent. State’s allowable claims for such fiscal year It is only a way to give people who (except that such amount for such year shall damage. Would the Chairman of the want to say they want an environ- be deemed to be $1,000,000,000 for the purpose Commerce, Justice, and State Appro- mental vote to vote environmentally. of determining the amount of the payment priations Subcommittee agree that As we have already established an under subsection (1) to which each State is water storage and elevating roadways emergency listing, that is not how we entitled),’’. are critical to ensuring the economic should list things. We should not wait FEDERAL AVIATION ADMINISTRATION GRANTS- well-being of Devils Lake? until the animals are gone before we IN-AID FOR AIRPORTS Mr. GREGG. It is my understanding list them. It should be an orderly proc- (AIRPORT AND AIRWAY TRUST FUND) that water storage and elevating road- ess so we make it much better and (RESCISSION OF CONTRACT AUTHORIZATION) ways are essential to the area’s econ- easier on everyone. Of the available contract authority bal- omy, and that only those projects rec- Mr. President, I will await the debate ances under this account, $616,000,000 are re- ommended by the Interagency Task in the morning, and I yield the floor. scinded. Force or identified by the Corps of En- The PRESIDING OFFICER. Accord- FLOODING gineers’ contingency plan would be ap- ing to the previous order, there is no Mr. GORTON. Mr. President, as Sen- propriate uses of the emergency supple- further debate. ator HATFIELD knows, Cowlitz County mental funds for Devils Lake under

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1852 CONGRESSIONAL RECORD — SENATE March 12, 1996 this bill. Is it the Senators’ under- Mr. CRAIG. Mr. President, as you Resources Committee, Senator KASSE- standing that the State of North Da- know, my State of Idaho was dev- BAUM, to include language in the Bal- kota would provide the customarily re- astated like others in the Northwest anced Budget Act to correct this prob- quired non-Federal cost share? from floods in recent months. Many ag- lem by creating an exemption for lend- Mr. DORGAN. It is my understanding ricultural lands have sustained damage ers with portfolios under $5 million. I that North Dakota would provide which must be repaired if the land is to am equally pleased that the Appropria- whatever non-Federal share is custom- be returned to productive use. It is my tions Committee included the same arily required by EDA. understanding that a need of $1,167,000 language in the bill before us today. I Mr. CONRAD. That is my under- has been determined for conservation want to thank the chairman of the Ap- standing as well. work and streambank stabilization in propriations Committee, Senator HAT- Mr. HOLLINGS. Let me add that I Idaho through the Agricultural Con- FIELD, and the Subcommittee Chair- agree with the comments of Senator servation Program, which was not re- man, Senator SPECTER, for adding this GREGG. Projects of those types would quested by the President. However, it provision, which will allow students to fit well within the parameters of the is also my understanding that the De- continue doing business with their emergency supplemental appropria- partment of Agriculture administers hometown banks. I am pleased this tions language. the Emergency Watershed and Flood problem will be resolved for small lend- Mr. DORGAN. I thank the Senators Prevention Operations Program and ers and their communities. for their comments. I want to express the Emergency Conservation Program, Mr. KENNEDY. Mr. President, I wish my appreciation to the chairman and which could fund these needed activi- to make an observation about funding ranking member of the Appropriations ties in Idaho and other affected states in this Appropriations bill for the Po- Subcommittee on Commerce, Justice, in the Northwest. I would ask my col- lice Corps program. and State for their assistance. league, the chairman of the Appropria- I have long supported the Police Mr. CONRAD. I also want to thank tions Subcommittee on Agriculture, Corps concept, because I believe it rep- the Senators for clarifying the intent Rural Development and Related Agen- resents an innovative way to improve of Congress regarding emergency fund- cies if this is his understanding as public safety and strengthen the ties ing for Devils Lake. This funding will well? between police departments and the help prevent tens of millions of dollars Mr. COCHRAN. Mr. President, I ap- communities they serve. I was proud to of damages in Benson and Ramsey preciate the distinguished Senator’s in- be an original sponsor of the Police Counties and on the Devils Lake Sioux quiry. This bill includes $107,514,000 for Indian Reservation. Corps legislation, which was enacted watershed and flood prevention oper- into law in 1994 as part of the omnibus Mr. CRAIG. Mr. President, the disas- ations and $30,000,000 for the Emer- crime bill. trous flooding in the northwestern gency Conservation Program. USDA United States has covered many areas In the Senate-passed version of the has determined that these amounts crime bill, the Police Corps program with layers of flood-borne boulders, should be sufficient to cover the dam- gravel, woody debris, and associated was authorized at $100 million for the age sustained in the Northwest and first year, $250 million the second year, materials. Among those areas of par- other areas which have experienced ticular concern are U.S. Department of and such sums as were necessary there- natural disasters. after. Clearly, the Senate con- Agriculture [USDA] Conservation Re- Mr. PRESSLER. Mr. President, the templated a truly national program. serve Program [CRP] lands. The CRP omnibus appropriations bill before us Regrettably, the pending bill contains program provides cost-share assistance today is a wide ranging piece of legisla- to reestablish destroyed permanent tion with programs that impact teach- only $10 million for this important pro- vegetative cover. It is my under- ers, doctors, job trainees, police offi- gram, so a national effort is not fea- standing that present Department pol- cers, and businessmen. I do want to sible at this time. I am nonetheless icy prohibits USDA from providing single out one small piece of this legis- pleased that the Police Corps will fi- cost-share assistance of clear CRP lation that is very important for South nally get off the ground. It is my view that the $10 million ap- lands of debris to reestablish perma- Dakota students and families, espe- propriated in this bill should be used to nent cover. However, the severity of cially those in rural areas. this flood has covered these lands with You see, many small banks and cred- support a limited number of pilot pro- unusually heavy and extensive deposits it unions have been leaving the Federal grams, rather than spread thinly over of materials that must be removed be- student loan program due to burden- many jurisdictions. With this much re- fore permanent cover can be reestab- some audits imposed by the Depart- duced amount, the Police Corps con- lished. It is also my understanding that ment of Education. The audits on guar- cept can only receive a fair trial if the the Department has the discretion to antee agencies and schools were ex- money is concentrated in a few juris- allow cost-sharing assistance to re- tended to lenders in the Higher Edu- dictions that make a serious effort to move such materials. We are told that cation Act Amendments of 1992. I fully implement the program comprehen- these lands are not eligible to use agree with the goal of cracking down sively. If instead the money were dis- Emergency Conservation Program on fraud and abuse in the student loan persed across the country as 435 sepa- funds for clearing debris. program. rate Police Corps grants, each grant Mr. HATFIELD. Mr. President, our However, these audits on small lend- would support only one Police Corps of- states, which border each other and ers are clearly a case of the cure being ficer. The administrative overhead have suffered from the same natural worse than the illness. The audits are alone would essentially swallow the en- disaster, have similar and shared prob- duplicative and in the case of many tire appropriation. lems. I would inform the Senator that small financial institutions, exceeding This program will be administered by section 1101 of chapter 11 of title II of the profitability of the program. The the Department of Justice. I expect— this bill gives cabinet secretaries of in- audits are bureaucratic overkill. Ex- and I believe that my view is shared by volved departments authority to waive penditures are wasted, as the Depart- the Appropriations Committee and the or specify alternative requirements of ment of Education does not even re- full Senate—that the Attorney General any statute of regulation to expedite view all of the audits. For lenders with will allocate the $10 million to no more the provision of disaster assistance to small portfolios, it does not make than four or five jurisdictions. It is my affected areas. I believe that the Sec- sense to stay in a program that is los- understanding that several police de- retary of Agriculture can and should ing money. As a result, small lenders partments are already prepared to use this authority to provide cost shar- are leaving the program, forcing stu- apply for grants and then implement ing assistance to clear lands enrolled in dents and families to take their stu- the program swiftly and conscien- the CRP reestablished cover. dent loan business away from their tiously. Mr. COCHRAN. Mr. President, I con- hometown banks. When hometown I also understand that the adminis- cur with my friend from Oregon, the lenders leave the program, students tration intends to request increased distinguished Chairman of the Appro- and communities are the real losers. funds for the Police Corps Program in priations Committee, that this would I was pleased to have worked with fiscal year 1997, at which time other ju- be an appropriate use of this authority. the chairman of the Labor and Human risdictions can be added.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1853 I look forward to the commencement forts of Lou Henson, who has an- January 4, 1996; to the Committee on Gov- of the Police Corps effort, and expect nounced his retirement from coaching ernmental Affairs. that in the jurisdictions in which it is after 21 years at the University of Illi- EC–2020. A communication from the Chair- man of the Council of the District of Colum- implemented it will make a real dif- nois. Before beginning his fine career bia, transmitting, pursuant to law, copies of ference in public safety and police- at Illinois, Henson both played and D.C. Act 11-191 adopted by the Council on community relations. coached at New Mexico State Univer- January 4, 1996; to the Committee on Gov- f sity. He coached the 1970 Aggies to the ernmental Affairs. Final Four and in 1989 brought the EC–2021. A communication from the Chair- MORNING BUSINESS Illini there as well. Henson leaves col- man of the Council of the District of Colum- bia, transmitting, pursuant to law, copies of Mr. BURNS. Mr. President, I ask lage basketball with an overall record D.C. Act 11-192 adopted by the Council on unanimous consent that there now be a of 663 wins against 223 losses. He has January 4, 1996; to the Committee on Gov- period for the transaction of morning been a credit to the game and to New ernmental Affairs. business with Senators permitted to Mexico. EC–2022. A communication from the Chair- man of the Council of the District of Colum- speak up to 5 minutes each. f The PRESIDING OFFICER. Is there bia, transmitting, pursuant to law, copies of MESSAGES FROM THE PRESIDENT D.C. Act 11-193 adopted by the Council on objection? Without objection, it is so January 4, 1996; to the Committee on Gov- ordered. Messages from the President of the ernmental Affairs. f United States were communicated to EC–2023. A communication from the Chair- the Senate by Mr. Thomas, one of his man of the Council of the District of Colum- THE BAD DEBT BOXSCORE secretaries. bia, transmitting, pursuant to law, copies of D.C. Act 11-194 adopted by the Council on EXECUTIVE MESSAGES REFERRED Mr. HELMS. Mr. President, at the January 4, 1996; to the Committee on Gov- close of business yesterday, March 11, As in executive session the Presiding ernmental Affairs. 1996, the Federal debt stood at Officer laid before the Senate messages EC–2024. A communication from the Chair- $5,017,403,575,141.97. from the President of the United man of the Council of the District of Colum- On a per capita basis, every man, States submitting one nomination bia, transmitting, pursuant to law, copies of woman, and child in America owes which was referred to the Committee D.C. Act 11-195 adopted by the Council on $19,044.49 as his or her share of that on Foreign Relations. January 4, 1996; to the Committee on Gov- ernmental Affairs. debt. f EC–2025. A communication from the Chair- f man of the Council of the District of Colum- EXECUTIVE AND OTHER bia, transmitting, pursuant to law, copies of LOBOS WIN WAC BASKETBALL COMMUNICATIONS D.C. Act 11-196 adopted by the Council on TOURNAMENT The following communications were January 4, 1996; to the Committee on Gov- ernmental Affairs. Mr. BINGAMAN, Mr. President, I laid before the Senate, together with EC–2026. A communication from the Chair- would like to take a moment to say a accompanying papers, reports, and doc- man of the Council of the District of Colum- few words about the University of New uments, which were referred as indi- bia, transmitting, pursuant to law, copies of Mexico men’s basketball team, which cated: D.C. Act 11-198 adopted by the Council on this week completed one of its best EC–2012. A communication from the Direc- January 4, 1996; to the Committee on Gov- seasons ever by winning the Western tor of the Office of Management and Budget, ernmental Affairs. EC–2027. A communication from the Chair- Athletic Conference Tournament title. the Executive Office of the President, trans- mitting, pursuant to law, the report on ap- man of the Council of the District of Colum- This has been an excellent year for bia, transmitting, pursuant to law, copies of the Lobo basketball program, winning propriations legislation within five days of enactment; to the Committee on the Budget. D.C. Act 11-199 adopted by the Council on 27 games so far and winning the con- EC–2013. A communication from the Assist- January 4, 1996; to the Committee on Gov- ference tournament in dramatic fash- ant Secretary of the Interior for Water and ernmental Affairs. ion. The Lobos were able to pull out a Science, transmitting, pursuant to law, the EC–2028. A communication from the Chair- triple-overtime win over Fresno State report of a proposed contract amendment; to man of the Council of the District of Colum- in the semi-final, and then were able to the Committee on Energy and Natural Re- bia, transmitting, pursuant to law, copies of sources. D.C. Act 11-200 adopted by the Council on come back from that emotional game January 4, 1996; to the Committee on Gov- to upset an excellent Utah team for the EC–2014. A communication from the Direc- tor of Administration and Management, Of- ernmental Affairs. conference tournament championship. EC–2029. A communication from the Chair- fice of the Secretary of Defense, transmit- man of the Council of the District of Colum- What makes the victories especially ting, pursuant to law, a report relative to bia, transmitting, pursuant to law, copies of gratifying for New Mexicans is the the Pentagon Reservation; to the Committee D.C. Act 11-197 adopted by the Council on large number of New Mexico high on Appropriations. January 4, 1996; to the Committee on Gov- school basketball players that make up EC–2015. A communication from the Chair- ernmental Affairs. this team. Being a sparsely populated man of the Council of the District of Colum- EC–2030. A communication from the Chair- state, our universities have often need- bia, transmitting, pursuant to law, copies of man of the Council of the District of Colum- ed to recruit from throughout the D.C. Act 11-180 adopted by the Council on bia, transmitting, pursuant to law, copies of country for athletes. Often our schools January 4, 1996; to the Committee on Gov- D.C. Act 11-201 adopted by the Council on ernmental Affairs. January 4, 1996; to the Committee on Gov- would field teams, both successful and EC–2016. A communication from the Chair- unsuccessful, that included no native ernmental Affairs. man of the Council of the District of Colum- EC–2031. A communication from the Chair- New Mexicans. It is a tribute to the bia, transmitting, pursuant to law, copies of man of the Council of the District of Colum- quality of New Mexico’s high school D.C. Act 11-181 adopted by the Council on bia, transmitting, pursuant to law, copies of athletic programs that athletes such as January 4, 1996; to the Committee on Gov- D.C. Act 11-202 adopted by the Council on Kenny Thomas, David Gibson, Royce ernmental Affairs. January 4, 1996; to the Committee on Gov- Olney and Daniel Santiago have played EC–2017. A communication from the Chair- ernmental Affairs. such an integral part in this season’s man of the Council of the District of Colum- EC–2032. A communication from the Chair- bia, transmitting, pursuant to law, copies of achievements. man of the Council of the District of Colum- D.C. Act 11-185 adopted by the Council on bia, transmitting, pursuant to law, copies of I congratulate coach Dave Bliss and January 4, 1996; to the Committee on Gov- D.C. Act 11-215 adopted by the Council on his team for making its fourth appear- ernmental Affairs. January 4, 1996; to the Committee on Gov- ance in six years in the NCAA Men’s EC–2018. A communication from the Chair- ernmental Affairs. Basketball Tournament and for win- man of the Council of the District of Colum- EC–2033. A communication from the Chair- ning the Western Athletic Conference bia, transmitting, pursuant to law, copies of man of the Council of the District of Colum- Championship. D.C. Act 11-189 adopted by the Council on bia, transmitting, pursuant to law, copies of I also congratulate Don Flanangan January 4, 1996; to the Committee on Gov- D.C. Act 11-217 adopted by the Council on ernmental Affairs. and the UNM Women’s which made it January 4, 1996; to the Committee on Gov- EC–2019. A communication from the Chair- ernmental Affairs. to the conference finals. man of the Council of the District of Colum- EC–2034. A communication from the Chair- I would also like to take this oppor- bia, transmitting, pursuant to law, copies of man of the Council of the District of Colum- tunity to recognize the coaching ef- D.C. Act 11-190 adopted by the Council on bia, transmitting, pursuant to law, copies of

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1854 CONGRESSIONAL RECORD — SENATE March 12, 1996 D.C. Act 11-218 adopted by the Council on transmitting, pursuant to law, the report Col. Fred P. Lewis, 000–00–0000 January 4, 1996; to the Committee on Gov- under the Government in the Sunshine Act Col. Stephen R. Lorenz, 000–00–0000 ernmental Affairs. for calendar year 1995; to the Committee on Col. Maurice L. McFann, Jr., 000–00–0000 EC–2035. A communication from the Dis- Governmental Affairs. Col. John W. Meincke, 000–00–0000 trict of Columbia Auditor, transmitting, pur- EC–2049. A communication from the Chair- Col. Howard J. Mitchell, 000–00–0000 suant to law, the report entitled ‘‘Audit of man of the National Transportation Safety Col. William A. Moorman, 000–00–0000 the Boxing and Wrestling Commission for Board, transmitting, pursuant to law, the re- Col. Teed M. Moseley, 000–00–0000 Fiscal Year 1994’’; to the Committee on Gov- port under the Government in the Sunshine Col. Robert M. Murdock, 000–00–0000 ernmental Affairs. Act for calendar year 1995; to the Committee Col. Michael C. Mushala, 000–00–0000 EC–2036. A communication from the Dis- on Governmental Affairs. Col. David A. Nagy, 000–00–0000 trict of Columbia Auditor, transmitting, pur- EC–2050. A communication from the Execu- Col. Wilbert D. Pearson, Jr., 000–00–0000 suant to law, the report entitled ‘‘Evaluation tive Secretary of the National Labor Rela- Col. Timothy A. Peppe, 000–00–0000 of the D.C. Lottery Board’s Wagering Can- tions Board, transmitting, pursuant to law, Col. Craig P. Rasmussen, 000–00–0000 cellation Methodology’’; to the Committee the report under the Government in the Sun- Col. John F. Regni, 000–00–0000 on Governmental Affairs. shine Act for calendar year 1995; to the Com- Col. Victor E. Renuart, Jr., 000–00–0000 EC–2037. A communication from the Dis- mittee on Governmental Affairs. Col. Richard V. Reynolds, 000–00–0000 trict of Columbia Auditor, transmitting, pur- EC–2051. A communication from the Chair- Col. Earnest O. Robbins II, 000–00–0000 suant to law, the report entitled ‘‘Review of man of the U.S. Parole Commission, Depart- Col. Steven A. Roser, 000–00–0000 the Fiscal Year 1995 Comprehensive Annual ment of Justice, transmitting, pursuant to Col. Mary L. Saunders, 000–00–0000 Financial Report’’; to the Committee on law, the report under the Government in the Col. Glen D. Shaffer, 000–00–0000 Governmental Affairs. Sunshine Act for calendar year 1995; to the Col. James N. Soligan, 000–00–0000 EC–2038. A communication from the Dis- Committee on Governmental Affairs. Col. Billy K. Stewart, 000–00–0000 trict of Columbia Auditor, transmitting, pur- EC–2052. A communication from the Direc- Col. Francis X. Taylor, 000–00–0000 suant to law, the report entitled ‘‘Review tor of the Office of Communications and Leg- Col. Rodney W. Wood, 000–00–0000 and Analysis of the District’s Accounts Re- islative Affairs, Equal Employment Oppor- The following-named captains in the line ceivable’’; to the Committee on Govern- tunity Commission, transmitting, pursuant of the U.S. Navy for promotion to the perma- mental Affairs. to law, the report under the Government in nent grade of rear admiral (lower half), pur- EC–2039. A communication from the Dis- the Sunshine Act for calendar year 1995; to suant to title 10, United States Code, section trict of Columbia Auditor, transmitting, pur- the Committee on Governmental Affairs. 624, subject to qualifications therefore as suant to law, the report entitled ‘‘Analysis EC–2053. A communication from the Chair- provided by law: of the Revised Fiscal Year 1996 General Fund man of the Merit Systems Protection Board, UNRESTRICTED LINE OFFICER Revenue Estimates in Support of the May- transmitting, pursuant to law, the report To be rear admiral (lower half) or’s Budget for Fiscal Year 1996’’; to the under the Government in the Sunshine Act Committee on Governmental Affairs. Capt. William Wilson Pickavance, Jr., 000– for calendar year 1995; to the Committee on 00–0000 EC–2040. A communication from the Chair- Governmental Affairs. man of the Council of the District of Colum- ENGINEERING DUTY OFFICER f bia, transmitting, pursuant to law, copies of To be rear admiral (lower half) D.C. Act 11-213 adopted by the Council on REPORTS OF COMMITTEE Capt. George Richard Yount, 000–00–0000 February 6, 1996; to the Committee on Gov- Pursuant to an order of the Senate of June ernmental Affairs. The following report of committee 29, 1990, EC–2041. A communication from the Dis- was submitted: Ordered, that the following nomination be trict of Columbia Auditor, transmitting, pur- By Mr. HATFIELD, from the Committee referred jointly to the Committees on Armed suant to law, the report entitled ‘‘Review of on Appropriations: Services and Energy and Natural Resources: the Boxing Event of October 15, 1995 Regu- Special Report entitled ‘‘Revised Alloca- *Alvin L. Alm, of Virginia, to be an Assist- lated by the District of Columbia Boxing and tion to Subcommittees of Budget Totals ant Secretary of Energy (Environmental Wrestling Commission’’; to the Committee From the Concurrent Resolution for Fiscal Management) on Governmental Affairs. Year 1996’’ (Rept. No. 104–240). The following-named officers for pro- EC–2042. A communication from the Direc- motion in the Regular Army of the United tor of the Office of Management and Budget, f States to the grade indicated, under title 10, Executive Office of the President, transmit- EXECUTIVE REPORTS OF United States Code, sections 611(a) and 624: ting, pursuant to law, the report under the COMMITTEES Chief Financial Officers Act for fiscal year To be brigadier general 1995; to the Committee on Governmental Af- The following executive reports of Col. Joseph W. Arbuckle, 000–00–0000 fairs. committees were submitted: Col. Barry D. Bates, 000–00–0000 EC–2043. A communication from the Chief By Mr. THURMOND, from the Committee Col. William G. Boykin, 000–00–0000 Financial Officer of the Export-Import Bank, on Armed Services: Col. Charles M. Burke, 000–00–0000 transmitting, pursuant to law, the report The following-named officers for pro- Col. Charles C. Campbell, 000–00–0000 under the Chief Financial Officers Act for motion in the Regular Air Force of the Col. James L. Campbell, 000–00–0000 fiscal year 1995; to the Committee on Gov- United States to the grade indicated under Col. Joseph R. Capka, 000–00–0000 ernmental Affairs. title 10, United States Code, section 624: Col. George W. Casey, Jr., 000–00–0000 EC–2044. A communication from the Execu- Col. John T. Casey, 000–00–0000 To be brigadier general tive Officer of the National Science Board, Col. Dean W. Cash, 000–00–0000 transmitting, pursuant to law, the report Col. Brian A. Arnold, 000–00–0000 Col. Dennis D. Cavin, 000–00–0000 under the Government in the Sunshine Act Col. John R. Baker, 000–00–0000 Col. Robert F. Dees, 000–00–0000 for calendar year 1995; to the Committee on Col. Richard T. Banholzer, 000–00–0000 Col. Larry J. Dodgen, 000–00–0000 Governmental Affairs. Col. John L. Barry, 000–00–0000 Col. John C. Doesburg, 000–00–0000 EC–2045. A communication from the Gen- Col. John D. Becker, 000–00–0000 Col. James E. Donald, 000–00–0000 eral Counsel and Corporate Secretary of the Col. Robert F. Behler, 000–00–0000 Col. David W. Foley, 000–00–0000 Legal Services Corporation, transmitting, Col. Scott C. Bergren, 000–00–0000 Col. Harry D. Gatanas, 000–00–0000 pursuant to law, the report under the Gov- Col. Paul L. Bielowicz, 000–00–0000 Col. Robert A. Harding, 000–00–0000 ernment in the Sunshine Act for calendar Col. Franklin J. Blaisdell, 000–00–0000 Col. Roderick J. Isler, 000–00–0000 year 1995; to the Committee on Govern- Col. John S. Boone, 000–00–0000 Col. Dennis K. Jackson, 000–00–0000 mental Affairs. Col. Clayton G. Bridges, 000–00–0000 Col. Alan D. Johnson, 000–00–0000 EC–2046. A communication from the Chair- Col. John W. Brooks, 000–00–0000 Col. Anthony R. Jones, 000–00–0000 man of the Federal Housing Finance Board, Col. Walter E.L. Buchanan III, 000–00–0000 Col. William J. Lennox, Jr., 000–00–0000 transmitting, pursuant to law, the report Col. Carrol H. Chandler, 000–00–0000 Col. James J. Lovelace, Jr., 000–00–0000 under the Government in the Sunshine Act Col. John L. Clay, 000–00–0000 Col. Jerry W. McElwee, 000–00–0000 for calendar year 1995; to the Committee on Col. Richard A. Coleman, Jr., 000–00–0000 Col. David D. McKiernan, 000–00–0000 Governmental Affairs. Col. Paul R. Dordal, 000–00–0000 Col. Clayton E. Melton, 000–00–0000 EC–2047. A communication from the Chair- Col. Michael M. Dunn, 000–00–0000 Col. Willie B. Nance, Jr., 000–00–0000 man of the Board of Governors of the U.S. Col. Thomas F. Gioconda, 000–00–0000 Col. Robert W. Noonan, Jr., 000–00–0000 Postal Service, transmitting, pursuant to Col. Thomas B. Goslin, Jr., 000–00–0000 Col. Kenneth L. Privratsky, 000–00–0000 law, the report under the Government in the Col. Jack R. Holbein, Jr., 000–00–0000 Col. Hawthorne L. Proctor, 000–00–0000 Sunshine Act for calendar year 1995; to the Col. John G. Jernigan, 000–00–0000 Col. Ralph R. Ripley, 000–00–0000 Committee on Governmental Affairs. Col. Charles L. Johnson II, 000–00–0000 Col. Earl M. Simms, 000–00–0000 EC–2048. A communication from the Sec- Col. Lawrence D. Johnston, 000–00–0000 Col. Zannie O. Smith, 000–00–0000 retary of the Mississippi River Commission, Col. Dennis R. Larsen, 000–00–0000 Col. Robert L. VanAntwerp, Jr., 000–00–0000 Corps of Engineers, Department of the Army, Col. Theodore W. Lay II, 000–00–0000 Col. Hans A. VanWinkle, 000–00–0000

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1855 Col. Robert W. Wagner, 000–00–0000 Army to the grade indicated under Title 10, tion Act requirements regarding sepa- Col. Daniel R. Zanini, 000–00–0000 United States Code, sections 3385, 3392 and rate detention and confinement of ju- AIR FORCE 12203(a): veniles, and for other purposes; to the The following-named officers for pro- To be major general Committee on the Judiciary. motion in the Regular Air Force of the Brig. Gen. Stanhope S. Spears, 000–00–0000 THE JUVENILE JAIL IMPROVEMENT ACT OF 1996 United States to the grade indicated under (The above nominations were re- ∑ Mr. KOHL. Mr. President, I introduce title 10, United States Code, section 624: ported with the recommendation that the Juvenile Jail Improvement Act of To be major general they be confirmed.) 1996. Brig. Gen. Thomas R. Case, 000–00–0000 We face a growing and frightening f Brig. Gen. Donald G. Cook, 000–00–0000 tide of juvenile violence. And that tide Brig. Gen. Charles H. Coolidge, Jr., 000–00– INTRODUCTION OF BILLS AND is threatening to swamp our rural sher- 0000 JOINT RESOLUTIONS Brig. Gen. John R. Dallager, 000–00–0000 iffs. It is increasingly common for Brig. Gen. Richard L. Engel, 000–00–0000 The following bills and joint resolu- rural sheriffs to face a terrible di- Brig. Gen. Marvin R. Esmond, 000–00–0000 tions were introduced, read the first lemma every time they arrest a juve- Brig. Gen. Bobby O. Floyd, 000–00–0000 and second time by unanimous con- nile—they either have to release a po- Brig. Gen. Robert H. Foglesong, 000–00–0000 sent, and referred as indicated: tentially violent juvenile on the street Brig. Gen. Jeffrey R. Grime, 000–00–0000 By Mr. KOHL: to await trial or they have to spend in- Brig. Gen. John W. Hawley, 000–00–0000 valuable time and manpower chauf- Brig. Gen. Michael V. Hayden, 000–00–0000 S. 1604. A bill to improve the Juvenile Jus- Brig. Gen. William T. Hobbins, 000–00–0000 tice and Delinquency Prevention Act re- feuring the juvenile around their State Brig. Gen. John D. Hopper, Jr., 000–00–0000 quirements regarding separate detention and to an appropriate detention facility. Brig. Gen. Raymond P. Huot, 000–00–0000 confinement of juveniles, and for other pur- Either way, the current system makes Brig. Gen. Timothy A. Kinnan, 000–00–0000 poses; to the Committee on the Judiciary. little sense and needs to be changed. Brig. Gen. Michael C. Kostelnik, 000–00–0000 By Mr. MURKOWSKI (by request): Let me explain how this dilemma Brig. Gen. Lance W. Lord, 000–00–0000 S. 1605. A bill to amend the Energy Policy works. In most rural communities, the and Conservation Act to manage the Stra- Brig. Gen. Ronald C. Marcotte, 000–00–0000 only jail available is built exclusively Brig. Gen. Gregory S. Martin, 000–00–0000 tegic Petroleum Reserve more effectively Brig. Gen. Michael J. McCarthy, 000–00–0000 and for other purposes; to the Committee on for adults. There are no special juve- Brig. Gen. John F. Miller, Jr., 000–00–0000 Energy and Natural Resources. nile facilities. But sometimes, the com- Brig. Gen. Charles H. Perez, 000–00–0000 By Mr. HATCH (for himself, Mrs. FEIN- munity can create a separate portion Brig. Gen. Stephen B. Plummer, 000–00–0000 STEIN, Mr. THURMOND, Mr. DEWINE, of the jail for juveniles. However, under Brig. Gen. David A. Sawyer, 000–00–0000 Mr. KOHL, and Mr. BIDEN): current law, a juvenile picked up for Brig. Gen. Terryl J. Schwalier, 000–00–0000 S. 1606. A bill to control the use of biologi- criminal activity can only be held in a Brig. Gen. George T. Stringer, 000–00–0000 cal agents that have the potential to pose a separate portion of an adult facility for Brig. Gen. Gary A. Voellger, 000–00–0000 severe threat to public health and safety, up to 24 hours. After that, the juvenile AIR FORCE and for other purposes; to the Committee on the Judiciary. must be transported—often across hun- The following-named officers for appoint- dreds of miles—to a separate juvenile ment in the Air National Guard of the U.S. By Mrs. FEINSTEIN (for herself, Mr. Air Force, to the grade indicated, under the GRASSLEY, Mr. REID, and Mr. KYL): detention facility, often to be returned provisions of Title 10, United States Code, S. 1607. A bill to control access to pre- to the very same jail 2 or 3 days later Sections 8373, 8374, 12201, and 12212: cursor chemicals used to manufacture meth- for a court date. This system often amphetamine and other illicit narcotics, and To be major general leaves rural law enforcement criss- for other purposes; to the Committee on the crossing the State with a single juve- Brig. Gen. James F. Brown, 000–00–0000 Judiciary. nile—and results in massive expenses Brig. Gen. James McIntosh, 000–00–0000 By Mr. MCCAIN (for himself and Mr. To be brigadier general INOUYE): for law enforcement with little benefit Col. Gary A. Brewington, 000–00–0000 S. 1608. A bill to extend the applicability of for juveniles, who spend endless hours Col. William L. Fleshman, 000–00–0000 certain regulatory authority under the In- in a squad car. Such a process does not Col. Allen H. Henderson, 000–00–0000 dian Self-Determination and Education As- serve anyone’s interests. Col. John E. Iffland, 000–00–0000 sistance Act, and for other purposes; to the And that is not all that rural sheriffs Col. Dennis J. Kerkman, 000–00–0000 Committee on Indian Affairs. face. Even qualifying for the 24-hour Col. Stephen M. Koper, 000–00–0000 By Mr. BIDEN: exception can be a nightmare. That’s Col. Anthony L. Liguori, 000–00–0000 S. 1609. A bill to provide for the resched- because juveniles can be kept in adult uling of flunitrazepan into schedule I of the Col. Kenneth W. Mahon, 000–00–0000 jails only under a very stringent set of Col. William H. Phillips, 000–00–0000 Controlled Substances Act, and for other Col. Jerry H. Risher, 000–00–0000 purposes; to the Committee on the Judici- rules. Keeping juveniles in an adult jail Col. William J. Shondel, 000–00–0000 ary. is known as collocation. It can only be AIR FORCE f done if there is strict sight and sound The following-named officer for appoint- separation between the adults and the SUBMISSION OF CONCURRENT AND juveniles as well as completely sepa- ment to the grade of lieutenant general SENATE RESOLUTIONS while assigned to a position of importance rate staff. For many small commu- and responsibility under Title 10, United The following concurrent resolutions nities, making these physical and staff States Code, Section 601: and Senate resolutions were read, and changes to their jails is prohibitively To be lieutenant general referred (or acted upon), as indicated: expensive. Major Gen. Richard C. Bethurem, 000–00– By Mr. CAMPBELL: So sheriffs faced with diverting offi- 0000 S. Con. Res. 44. Concurrent resolution au- cers to drive around the State in The following-named officer for appoint- thorizing the use of the Capitol Grounds for search of a detention facility may ment to the grade of general while assigned an event sponsored by the Specialty Equip- chose to let the juvenile free while to a position of importance and responsi- ment Market Association; to the Committee awaiting trial. This prospect should bility under Title 10, United States Code, on Rules and Administration. frighten anyone who is aware of the Section 601: By Mr. DOLE (for himself and Mr. growing trend in juvenile violence. To be general HELMS): Today, I am introducing legislation S. Con. Res. 45. Concurrent resolution au- Lt. Gen. Michael E. Ryan, 000–00–0000 thorizing the use of the Capitol Rotunda on that is designed to cure this problem. The following-named officer for reappoint- May 2, 1996, for the presentation of the Con- My legislative solution is simple, ment to the grade of general while assigned gressional Gold Medal to Reverend and Mrs. straightforward and effective. It ex- to a position of importance and responsi- Billy Graham; considered and agreed to. tends from 24 to 72 hours the time dur- bility under Title 10, United States Code, f ing which rural law enforcement may Section 601: collocate juvenile offenders in an adult To be general STATEMENTS ON INTRODUCED facility, as long as juveniles remain Gen. Richard E. Hawley, 000–00–0000 BILLS AND JOINT RESOLUTIONS separated from adults. It also relaxes ARMY By Mr. KOHL: the requirements for acceptable col- The following U.S. Army National Guard S. 1604. A bill to improve the Juve- location. After taking a hard look at officer for promotion in the Reserve of the nile Justice and Delinquency Preven- how the collocation rules have

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1856 CONGRESSIONAL RECORD — SENATE March 12, 1996 worked—and in what ways they have SEC. 3. CLARIFICATION OF CONTACT RULES. (2) by striking paragraphs (3) and (6). failed—this legislation comes to a rea- Section 223(a)(14) of the Juvenile Justice SEC. 3. Title I of the Energy Policy and sonable compromise, and, as a result, it and Delinquency Prevention Act of 1974 (42 Conservation Act (42 U.S.C. 6211–6251) is U.S.C. 5633(a)(14)) is amended— amended— has the support of the Badger Sheriffs (1) by striking ‘‘1997’’ and inserting ‘‘2001’’; (a) by striking section 102 (42 U.S.C. 6211), Association. (2) by striking ‘‘pursuant to an enforceable (b) in section 105 (42 U.S.C. 6213)— Mr. President, one of our most im- State law requiring such appearances within (1) by amending subsection (a) to read as portant goals is assuring that any twenty-four hours after being taken into follows— changes to these rules does not sac- custody (excluding weekends and holidays)’’ ‘‘(a) The Secretary of the Interior shall rifice the safety and welfare of arrested and inserting ‘‘and permit the detention or prohibit the bidding for any right to develop juveniles. In addition to the growing confinement of juveniles in a State approved crude oil, natural gas, and natural gas liq- uids on any lands located on the Outer Con- fear about juvenile violence, we have portion of a county jail or secure detention facility for up to 72 hours’’; and tinental Shelf by any person if more than witnessed a growing anger and frustra- (3) by striking ‘‘such exceptions are’’ and one major oil company, more than one affil- tion at juveniles. That frustration all that follows through the end of the para- iate of a major oil company, or a major oil should not lead us to forget the painful graph and inserting the following: ‘‘such ex- company and any affiliate of a major oil lessons we learned many years ago ceptions— company, has or have a significant owner- about abusive and dangerous treatment ‘‘(A) are limited to areas that are in com- ship interest in that person, when the Sec- of delinquent children. Twenty years pliance with paragraph (13) and— retary determines prior to any lease sale ago, we learned about kids who were ‘‘(i) are outside a Standard Metropolitan that this bidding would adversely affect Statistical Area; and competition or the receipt of fair market thrown in jail where they were victim- ‘‘(ii) have no existing acceptable alter- value.’’, and ized and abused by adult prisoners; or native placement available that is easily ac- (2) by striking subsections (c) and (e). where, without proper supervision, cessible; (c) by striking section 106 (42 U.S.C. 6214), they committed suicide; or, where, ‘‘(B) permit the same staff members to (d) in section 151 (42 U.S.C. 6231)— guarded by people who only had experi- oversee both juveniles and adults only if (1) in subsection (a) by striking ‘‘limited’’ ence with adult prisoners, they were such staff members have been properly and ‘‘short-term’’, and trained and certified to supervise juveniles; (2) by amending subsection (b) to read as disciplined savagely. When we give in follows: to the temptation to just throw juve- and ‘‘(C) ensure that juveniles have no regular ‘‘(b) It is the policy of the United States to niles in jail and teach them a tough contact with adult persons who are incarcer- provide for the creation of a Strategic Petro- lesson, we are often ill rewarded. So ated because they have been convicted of a leum Reserve for the storage of up to 1 bil- even as we loosen these collocation re- crime or are awaiting trial on criminal lion barrels of petroleum products to reduce quirements, we must bear in mind that charges;’’.∑ the impact of disruptions in supplies of pe- the juvenile justice system still has as troleum products or to carry out obligations its principle goal rehabilitation, not By Mr. MURKOWSKI (by re- of the United States under the international quest): energy program.’’, harsh retribution. (e) in section 152 (42 U.S.C. 6232)— My conversations with administra- S. 1605. A bill to amend the Energy (1) by striking paragraphs (1) and (7), and tors, sheriffs, and juvenile court judges Policy and Conservation Act to man- (2) in paragraph (11) by striking ‘‘, the have led me to conclude that we must age the strategic petroleum reserve Early Storage Reserve, and the Regional Pe- bring greater flexibility—and less red- more effectively and for other pur- troleum Reserve ‘‘, and by adding a period tape—to the Juvenile Justice Act. It is poses; to the Committee on Energy and after Industrial Petroleum Reserve. Natural Resources. (f) by striking section 153 (42 U.S.C. 6233), my hope that this legislation—which (g) in section 154 (42 U.S.C. 6234)— offers greater flexibility while retain- THE ENERGY POLICY AND CONSERVATION ACT (1) by amending subsection (a) to read as ing important protections regarding AMENDMENTS ACT OF 1996 follows: the separation of juveniles from ∑ Mr. MURKOWSKI. Mr. President, ‘‘(a) A Strategic Petroleum Reserve for the adults—will meet with strong support pursuant to an executive communica- storage of up to 1 billion barrels of petro- from the Senate. tion referred to the Committee on En- leum products shall be created pursuant to Mr. President, I ask unanimous con- ergy and Natural Resources, at the re- this part.’’. sent that the full text of this bill be quest of the Secretary of Energy, I (2) by amending subsection (b) to read as follows: printed in the RECORD. send to the desk a bill to amend and ‘‘(b) The Secretary, acting through the There being no objection, the bill was extend certain authorities in the En- Strategic Petroleum Reserve Office and in ordered to be printed in the RECORD, as ergy Policy and conservation Act accordance with this part, shall exercise au- follows: which either have expired or will ex- thority over the development, operation, and S. 1604 pire June 30, 1996. maintenance of the Reserve.’’, and Be it enacted by the Senate and House of Rep- Although I do not necessarily agree (3) by striking subsections (c), (d), and (e). (h) by striking section 155 (42 U.S.C. 6235), resentatives of the United States of America in with all of the provisions of this bill, (i) in section 156(b) (42 U.S.C. 6236(b)), by Congress assembled, the reauthorization of the programs striking ‘‘To implement the Early Storage SECTION 1. SHORT TITLE. covered by the legislation, including Reserve Plan or the Strategic Petroleum Re- This Act may be cited as the ‘‘Juvenile the strategic petroleum reserve, is an serve Plan which has taken effect pursuant Jail Improvement Act’’. important issue that must be fully con- to section 159(a), the’’ and inserting ‘‘The’’. SEC. 2. FINDINGS. sidered by the committee and the Sen- (j) by striking section 157 (42 U.S.C. 6237), Congress finds that— ate. Thus, I introduce this draft legis- (k) by striking section 158 (42 U.S.C. 6238), (1) current Juvenile Justice and Delin- (l) by amending the heading for section 159 quency Prevention Act rules and regulations lation today and ask unanimous con- (42 U.S.C. 6239) to read, ‘‘Development, Oper- concerning the separation of adults from ju- sent that the executive communication ation, and Maintenance of the Reserve’’, veniles during short periods of detention or and the bill be printed in the RECORD (m) in section 159 (42 U.S.C. 6239)— confinement have proven unduly burdensome There being no objection, the mate- (1) by striking subsections (a), (b), (c), (d), for rural law enforcement; rial was ordered to be printed in the and (e), (2) altering requirements concerning the RECORD, as follows: (2) by amending subsection (f) to read as length of stay permitted in a State-approved follows: portion of a county jail or secure detention S. 1605 ‘‘(f) In order to develop, operate, or main- facility, while retaining the separation of ju- Be it enacted by the Senate and House of Rep- tain the Strategic Petroleum Reserve the veniles from adults, would diminish these resentatives of the United States of America in Secretary may: burdens without harm to juveniles; Congress assembled, That this Act may be ‘‘(1) issue rules, regulations, or orders; (3) the requirement of completely separate cited as the ‘‘Energy Policy and Conserva- ‘‘(2) acquire by purchase, condemnation, or staffing during these short stays also creates tion Act Amendments Act’’. otherwise, land or interests in land for the large burdens yet yields little benefit for ju- SEC. 2. Section 2 of the Energy Policy and location of storage and related facilities; veniles; and Conservation Act (42 U.S.C. 6201) is amend- ‘‘(3) construct, purchase, lease, or other- (4) experience with shared staff indicates ed— wise acquire storage and related facilities; that juveniles are not harmed by the use of (1) in paragraph (1) by striking ‘‘standby’’ ‘‘(4) use, lease, maintain, sell, or otherwise shared staff, so long as the staff members are and ‘‘, subject to congressional review to im- dispose of storage and related facilities ac- appropriately trained and certified, and juve- pose rationing, to reduce demand for energy quired under this part, under such terms and niles do not have regular contact with through the implementation of energy con- conditions as the Secretary may deem nec- adults. servation plans, and’’, and essary or appropriate;

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1857 ‘‘(5) acquire, subject to the provisions of ‘‘(d)(1) No drawdown and distribution of ‘‘(B) the Secretary notifies each House of section 160, by purchase, exchange, or other- the Strategic Petroleum Reserve may be the Congress of the determination and iden- wise, petroleum products for storage in the made unless the President has found draw- tifies in the notification the location, type, Strategic Petroleum Reserve; down and distribution is required by a severe and ownership of storage and related facili- ‘‘(6) store petroleum products in storage fa- energy supply interruption or by obligations ties proposed to be included, or the volume, cilities owned and controlled by the United of the United States under the international type, and ownership of petroleum product States or in storage facilities owned by oth- energy program.’’, proposed to be stored, in the Reserve, and an ers if those facilities are subject to audit by (3) by amending subsection (e) to read as estimate of the proposed benefits.’’. the United States; follows: (u) in section 172 (42 U.S.C. 6249a), by strik- ‘‘(7) execute any contracts necessary to de- ‘‘(e)(1) The Secretary shall sell any petro- ing subsections (a) and (b), velop, operate, or maintain the Strategic Pe- leum products withdrawn from the Strategic (v) by striking section 173 (42 U.S.C. 6249b), troleum Reserve; Petroleum Reserve at public sale to the and ‘‘(8) require an importer of petroleum prod- highest qualified bidder in the amounts for (w) in section 181 (42 U.S.C. 6251), by strik- ucts or refiner to acquire and to store and the period, and after a notice of sale the Sec- ing ‘‘June 30, 1996’’ each time it appears and maintain, in readily available inventories, retary considers proper, and without regard inserting ‘‘September 30, 2001’’. petroleum products in the Industrial Petro- to Federal, State, or local regulations con- SEC. 4. Title II of the Energy Policy and leum Reserve, under section 156; trolling sales of petroleum products. Conservation Act (42 U.S.C. 6211–6251) is ‘‘(9) require the storage of petroleum prod- ‘‘(2) The Secretary may cancel in whole or amended— ucts in the Industrial Petroleum Reserve, in part any offer to sell petroleum products (a) by striking Part A (42 U.S.C. 6261 under section 156, on terms that the Sec- as part of any drawdown and distribution through 6264), retary specifies, in storage facilities owned under this Section.’’, and (b) by striking ‘‘section 252(l)(1)’’ in section and controlled by the United States or in (4) in subsection (g)— 251(e)(1) (42 U.S.C. 6271(e)(1)) and inserting storage facilities other than those owned by (A) in paragraph (1), by striking ‘‘Distribu- ‘‘section 252(k)(1)’’, the United States if those facilities are sub- tion Plan’’ and inserting ‘‘distribution proce- (c) in section 252(42 U.S.C. 6272)— ject to audit by the United States; dures’’, (1) in subsections (a)(1) and (b), by striking ‘‘(10) require the maintenance of the Indus- (B) by striking paragraphs (2) and (6), and ‘‘allocation and information provisions of trial Petroleum Reserve; (C) in paragraph (4), by striking ‘‘90’’ and the international energy program’’ and in- ‘‘(11) bring an action, when the Secretary inserting ‘‘95’’. serting ‘‘international emergency response considers it necessary, in any court having (p) by striking section 164 (42 U.S.C. 6244), provisions’’, jurisdiction over the proceedings, to acquire (q) by amending section 165 (42 U.S.C. 6245) (2) in subsection (d)(3), by striking by condemnation any real or personal prop- to read as follows— ‘‘known’’ and inserting after ‘‘cir- erty, including facilities, temporary use of ‘‘SEC. 165. The Secretary shall report annu- cumstances’’ ‘‘known at the time of ap- facilities, or other interests in land, together ally to the President and the Congress on ac- proval’’, with any personal property located on or tions taken to implement this part. This re- (3) in subsection (e)(2) by striking ‘‘shall’’ used with the land, and port shall include— and inserting ‘‘may’’, ‘‘(12) to the extent provided in an Appro- ‘‘(1) the status of the physical capacity of (4) in subsection (f)(2) by inserting ‘‘vol- priations Act, and not withstanding section the Reserve and the type and quantity of pe- untary agreement or’’ after ‘‘approved’’, 649(b) of the Department of Energy Organiza- troleum in the Reserve; (5) by amending subsection (h) to read as ‘‘(2) an estimate of the schedule and cost to tion Act (42 U.S.C. 7259(b)), the Secretary is follows— complete planned equipment upgrade or cap- authorized to store in unused SPR facilities ‘‘(h) Section 708 of the Defense Production ital investment in the Reserve, including by lease or otherwise petroleum product Act of 1950 shall not apply to any agreement those carried out as part of operational owned by a foreign government or its rep- or action undertaken for the purpose of de- maintenance or extension of life activities; resentative, petroleum product stored under veloping or carrying out— ‘‘(3) an identification of any life-limiting this paragraph is not part of the Reserve, is ‘‘(1) the international energy program, or conditions or operational problems at any not subject to part C of this title, and not- ‘‘(2) any allocation, price control, or simi- Reserve facility, and proposed remedial ac- withstanding any provision of this Act, may lar program with respect to petroleum prod- tions including an estimate of the schedule be exported from the United States.’’. ucts under this Act.’’, and cost of implementing such remedial ac- (3) in subsection (g)— (6) in subsection (i) by inserting ‘‘annually, tions; (A) by striking ‘‘implementation’’ and in- or’’ after ‘‘least’’ and by inserting ‘‘during an ‘‘(4) a description of current withdrawal serting ‘‘development’’, and international energy supply emergency’’ and distribution rates and capabilities, and (B) by striking ‘‘Plan’’. after ‘‘months’’, an identification of any operational or other (4) by striking subsections (h) and (i), (7) in subsection (k) by amending para- (5) by amending subsection (j) to read as limitations on such rates and capabilities; graph (2) to read as follows— ‘‘(5) an identification of purchases of petro- follows: ‘‘(2) The term ‘‘international emergency leum made in the preceding year and planned ‘‘(j) When the Secretary determines that a response provisions’’ means— in the following year, including quantity, 750,000,000 barrel inventory can reasonably be ‘‘(A) the provisions of the international en- price, and type of petroleum; expected to be reached in the Reserve within ergy program which relate to international ‘‘(6) a summary of the actions taken to de- 5 years, a plan for expansion will be sub- allocation of petroleum products and to the velop, operate, and maintain the Reserve; information system provided in the program, mitted to the Congress.’’, and ‘‘(7) a summary of the financial status and (6) by amending subsection (l) to read as and financial transactions of the Strategic Pe- follows: ‘‘(B) the emergency response measures troleum Reserve and Strategic Petroleum ‘‘(l) During any period in which drawdown adopted by the Governing Board of the Inter- Reserve Petroleum Accounts for the year; national Energy Agency (including the July and distribution are being implemented, the ‘‘(8) a summary of expenses for the year, 11, 1984, decision by the Governing Board on Secretary may issue rules, regulations, or and the number of Federal and contractor ‘‘Stocks and Supply Disruptions’’) for— orders to implement the drawdown and dis- employees; tribution of the Strategic Petroleum Reserve ‘‘(9) the status of contracts for develop- ‘‘(i) the coordinated drawdown of stocks of in accordance with section 553 of title 5, ment, operation, maintenance, distribution, petroleum products held or controlled by United States Code, without regard to rule- and other activities related to the implemen- governments, and making requirements in section 523 of this tation of this part, and ‘‘(ii) complementary actions taken by gov- Act, and section 501 of the Department of ‘‘(10) any recommendation for supple- ernments during an existing or impending Energy Organization Act (42 U.S.C. 7191). mental legislation or policy or operational international oil supply disruption’’, and (n) in section 160 (42 U.S.C. 6240)— changes the Secretary considers necessary (8) by amending subsection (l) to read as (1) in subsection (a), by striking all before and appropriate to implement this part.’’. follows— the dash and inserting the following: (r) in section 166 (42 U.S.C. 6246) by striking ‘‘(l) The antitrust defense under subsection ‘‘(a) To the extent funds are available all after ‘‘appropriated’’ and inserting ‘‘the (f) shall not extend to the international allo- under section 167(b) (2) and (3) and for the funds necessary to implement this part.’’, cation of petroleum products unless alloca- purposes of implementing the Strategic Pe- (s) in section 167 (42 U.S.C. 6247)— tion is required by chapters III and IV of the troleum Reserve, the Secretary may acquire (1) in subsection (b)— international energy program during an place in storage, transport, or exchange.’’. (A) by inserting ‘‘for test sales of petro- international energy supply emergency.’’. (2) in subsection (b), by striking ‘‘including leum products from the Reserve,’’ after (d) by adding at the end of section 256(h). the Early Storage Reserve and the Regional ‘‘Strategic Petroleum Reserve,’’, and by in- ‘‘There are authorized to be appropriated for Petroleum Reserve’’ and paragraph (2), and serting ‘‘for’’ before ‘‘the drawdown’’, fiscal years 1996 through 2001, such sums as (3) by striking subsections (c), (d), (e), and (B) by striking paragraph (1), and may be necessary.’’, (g). (C) in paragraph (2), by striking ‘‘after fis- (e) by striking Part C (42 U.S.C. 271 (o) in section 161 (42 U.S.C. 6241)— cal year 1982’’. through 272), and (1) by striking subsections (b) and (c), (t) in section 171 (42 U.S.C. 6249)— (f) in section 281 (42 U.S.C. 6285), by strik- (2) by amending subsection (d)(1) to read as (1) by amending subparagraph (b)(2)(B) to ing ‘‘June 30, 1996’’ each time it appears and follows: read as follows: inserting ‘‘September 30, 2001’’.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1858 CONGRESSIONAL RECORD — SENATE March 12, 1996

SEC. 5. (a) Title III of the energy Policy strategic reserve of petroleum products, and tegic Petroleum Reserve facilities to foreign and Conservation Act (42 U.S.C. 6291–6325 and delete references to the Early Storage Re- governments or their representatives. These 6361–6374) is amended— serve, the objectives of which have been leases also may exceed the five-year limita- (1) in section 365(f) (42 U.S.C. 6325(f)) by achieved. tion of section 649(b). amending paragraph (1) to read as follows: Subsection (e) would amend section 152 of Paragraph (3) would remove references in ‘‘(1) Except as provided in paragraph (2), EPCA by deleting the definition of ‘‘Early subsection (g) of section 159 of EPCA to the for the purpose of carrying out this part, Storage Reserve’’ and ‘‘Regional Petroleum Strategic Petroleum Reserve Plan. there are authorized to be appropriated Reserve.’’ Requirements for and all ref- Paragraph (4) would delete subsections $24,650,000 million for fiscal year 1996 and for erences to these parts of the program would 159(h) and (i) of EPCA. Subsection 159(h) fiscal years 1997 through 2001, such sums as be deleted by this bill. deals with interim storage facilities which may be necessary.’’, and Subsection (f) would strike section 153 of provide for storage of petroleum prior to the (2) section 397 (42 U.S.C. 6371f) is amended EPCA and amend section 154 to reflect the creation of Government-owned facilities. to read as follows: ‘‘For the purpose of car- transfer of the Strategic Petroleum Reserve That authority is no longer needed since the rying out this part, there are authorized Office from the Federal Energy Administra- Reserve has 592 million barrels of oil in stor- $26,849,000 million to be appropriated for fis- tion to the Department of Energy. age and significant unutilized storage capac- cal year 1996 and for fiscal years 1997 through Subsection (g) would amend section 154 of ity Subsection 159(i) required the submission 2001, such sums as may be necessary.’’. EPCA to eliminate requirements for a Stra- of a report to Congress within 18 months (b) in section 400BB(b) (42 U.S.C. 6374a(b)) tegic Petroleum Reserve Plan, and for speci- after enactment of the 1990 EPCA Amend- by amending paragraph (1) to read as follows: fied fill rates and schedules, but would retain ments on the results of contract negotia- ‘‘(1) There are authorized to be appro- authority for a one billion barrel Reserve. tions conducted pursuant to part C of EPCA. priated to the Secretary for carrying out The Strategic Petroleum Reserve Plan is The Department did not conclude any con- this section such sums as may be necessary largely obsolete because the sites that are tracts pursuant to part C and the reporting for fiscal years 1996 through 2001, to remain described for development in the Plan have provision has expired by its own terms. available until expended.’’. now been developed. The need for the Draw- Paragrah (5) would amend subsection 159(j) SEC. 6. Title V of the Energy Policy and down and Distribution Plan, contained in of the EPCA to reflect the elimination of the Conservation Act (42 U.S.C. 6381–6422) is Plan Amendment 4, is eliminated by the statutory requirement for a Strategic Petro- amended— amendment to section 159, which would cod- leum Reserve Plan by amendment of section (1) by striking section 507 (42 U.S.C. 6385), ify competitive sales as the drawdown and 154 of the Act. This amendment would con- and distribution policy and elimination alloca- tinue the requirement for submission to Con- (2) by striking section 522 (42 U.S.C. 6392). tion as a method of distribution. gress of proposed plans for expansion of stor- Subsection (h) would delete section 155 of age capacity following a determination by SECTION-BY-SECTION EPCA, which requires the establishment of the Secretary that the Reserve can reason- SECTION 2. AMENDMENTS TO THE STATEMENT OF an Early Storage Reserve. All of the volu- ably be expected to be filed to 750 million PURPOSES metric goals for the Early Storage Reserve barrels within five years. This reflects the Section 2 of the bill would amend section 2 have been accomplished, and there is no uncertain financing situation for filling of the Energy Policy and Conservation Act longer a distinction between the Early Stor- available capacity in the Reserve and makes (EPCA). age Reserve and any other facilities or petro- planning for capacity expansion beyond cur- Paragraph (1) would strike language refer- leum that make up the Strategic Petroleum rent capacity premature. ring to standby energy conservation and ra- Reserve. Paragraph (6) would amend subsection tioning authorities in title II, part A, which Subsection (i) would amend section 156(b) 159(l) to eliminate the reference to the Dis- expired June 30, 1985. of EPCA on the Industrial Petroleum Re- tribution Plan, but would retain the Sec- Paragraph (2) would strike paragraphs (3) serve authority to remove references to the retary’s authority, during drawdown and dis- and (6) of the Statement of Purposes to re- Early Storage Reserve and the Strategic Pe- tribution of the Reserve, to promulgate regu- flect the bill’s elimination of sections 102 (in- troleum Reserve Plan, which are being de- lations necessary to the drawdown and dis- centives to develop underground coal mines) leted by other amendments. tribution without regard to rulemaking re- Subsection (j) would delete section 157, Re- and 106 (Production of oil or gas at the max- quirements in section 523 of this Act and sec- gional Petroleum Reserve. Section 157 of the imum efficient rate and temporary emer- tion 501 of the Department of Energy Organi- Act requires the establishment of regional gency production rate). zation Act. petroleum reserve of refined products in Fed- Subsection (n) would amend section 160 of SECTION 3. AMENDMENTS TO TITLE I OF EPCA eral Energy Administration regions that are EPCA. Subsection (a) would strike section 102 of dependent upon imports for more than 20 Paragraph (l) would amend subsection EPCA. percent of their consumption. The Depart- 160(a) of EPCA to provide that the Sec- Section 102 of EPCA provides a loan guar- ment determined to substitute crude oil for retary’s authority to acquire petroleum anty program to encourage the opening of products and also determined that the Gulf products for the Strategic Petroleum Re- underground coal mines. Coal supply, how- Coast area is near enough to all areas to pro- serve is contingent on the availability of ever, is abundant, and the loan guarantee vide protection. funds. program has been inactive since the early Subsection (k) would delete 158 of EPCA. Paragraph (2) would amend subsection 1980s. Because there is no current or foresee- Section 158 requires reports to Congress on 160(b) of EPCA by striking the references to able need for the program authorized by sec- Utility Reserves, Coal Reserves, and Remote the Early Storage Reserve and the Regional tion 102 of EPCA, it is appropriate to delete Crude Oil and Natural Gas Reserves within Petroleum Reserve, which would be elimi- the section. six months of passage of the original Act. nated by this bill. Subsection (b) would amend section 105(a) This requirement has been fulfilled. Paragraph (3) would strike subsections 160 of EPCA by providing that the Secretary of Subsection (l) would amend the heading for (c), (d), (e), and (g) of EPCA. the Interior may allow joint bidding by section 159 of EPCA to reflect amendment to Subsection 160(c) of EPCA requires min- major oil companies unless the Secretary de- its contents. imum fill rates. These requirements have termines that this bidding would adversely Subsection (m) would amend section 159 of proved unrealistic given changes in oil mar- affect competition or the receipt of fair mar- EPCA. kets and availability of financing. The pro- ket value. If the Secretary decides to pro- Paragraph (1) would eliminate subsections posed amendment gives the Secretary flexi- hibit joint bidding, it may be done without (a) through (e) of section 159 of EPCA, which bility to fill the Reserve contingent upon the issuing a rule, as previously required. This require Congressional review of the Stra- availability of funds. change would render unnecessary the exemp- tegic Petroleum Reserve Plan and provide Subsection 160(d) links sales authority for tion process required in section 105(c). The for Plan amendments, to reflect the deletion the United States’ share of crude oil at report required in section 105(e) has been of the requirement for a Strategic Petroleum Naval Petroleum Reserve Numbered 1 to a issued to Congress. Reserve Plan in subsection (g) of this amend- fill level of 750,000,000 barrels or a fill rate of Subsection (c) would strike section 106 of ment. 75,000 barrel per day. The requirement for EPCA. Paragraph (2) would amend subsection Strategic Petroleum Reserve fill is depend- Section 106 of EPCA directs the Secretary 159(f) of EPCA to eliminate references to the ent on the availability of financing for Stra- of the Interior to determine the maximum Strategic Petroleum Reserve Plan and the tegic Petroleum Reserve acquisition, and the efficient rate of production and the tem- Early Storage Reserve Plan. This amend- logistics of moving Naval Petroleum Reserve porary emergency rate of production, if any, ment also would clarify and make explicit Numbered 1 crude oil to the Strategic Petro- for each field on Federal lands which pro- the Secretary’s discretionary authority to leum Reserve have proved to be very prob- duces or is capable of producing significant lease, sell, or otherwise dispose of underuti- lematic. volumes of crude oil or natural gas. The lized Strategic Petroleum Reserve facilities. Subsection 160(e) describes various excep- President may then require production at If necessary or appropriate, lease terms tions to the linkage between the Naval Pe- those rates, and the owner may sue for dam- could exceed the five-year limitation of sec- troleum Reserve Numbered 1 crude oil sales ages if economic loss is incurred. tion 649(b) of the Department of Energy Or- authority and the Strategic Petroleum Re- Subsection (d) would amend section 151 of ganization Act. In addition, the Secretary is serve fill rate, which would be eliminated by EPCA to clarify the policy for establishing a given authority to lease under-utilized Stra- this bill.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1859 Subsection 160(g) requires a refined petro- Subsection (r) would amend section 166 of amendment would extend the section 252 leum product reserve test in fiscal years EPCA to authorize appropriations necessary antitrust defense (but not the breach of con- 1992–94, and a report to Congress. The test to implement the Strategic Petroleum Re- tract defense) to U.S. companies when they was not conducted due to insufficient appro- serve, and to delete year specific authoriza- assist the International Energy Agency priations in fiscal year 1992 and fiscal year tions for the early years of the Reserve. (‘‘IEA’’) in planning for and implementing 1993 and was waived in fiscal year 1994. The Subsection (s) would amend section 167 of coordinated drawdown of government-owned required report has been submitted. EPCA to clarify that funds generated by test or government-controlled petroleum stocks. Subsection (o) would amend section 161 of sales will be deposited in the SPR Petroleum In 1984, largely at the urging of the United EPCA. Account. The amendment would remove lan- States, the IEA’s Governing Board adopted a Paragraph (1) would strike subsections 161 guage specific to fiscal year 1982 which lim- decision on ‘‘Stocks and Supply Disruptions’’ (b) and (c) of EPCA, because they refer to its the amount of money in the SPR Petro- which established a framework for coordi- both the Strategic Petroleum Reserve Plan leum Account that year. The amendment nating the drawdown of member countries’ and the Early Storage Reserve Plan which also would delete reference to the use of government-owned and government-con- would be eliminated by this bill. funds for interim storage, which will not be trolled petroleum stocks in those oil supply Paragraph (2) would amend subsection needed because the permanent facilities are disruptions that appear capable of causing 161(d)(1) of EPCA by eliminating the ref- complete for the storage of 750 million bar- severe economic harm, whether or not suffi- erences to the Distribution Plan contained rels of oil. cient to activate the IEP emergency oil shar- in the Strategic Petroleum Reserve Plan but Subsection (t) would amend section 171 of ing and information programs. During the would not change the existing conditions for EPCA to eliminate the reference to a re- 1990–91 Persian Gulf crisis the IEA success- Presidential decision to draw down and dis- quirement for information identical to that fully tested the new coordinated stockdraw tribute the Reserve. in section 154(e) of EPCA. Section 154(e) de- policy. Paragraph (3) would amend subsection scribes information that is included in the Paragraph 1 would amend subsections 161(e) of EPCA to require the Secretary to Strategic Petroleum Reserve Plan, which is 252(a) and (b) of EPCA. These sections would distribute oil from the Reserve via a public deleted in this legislation. Instead, when the be amended by substituting the term ‘‘inter- competitive sale to the highest qualified bid- Secretary notifies the Congress that the De- national emergency response provisions’’ for der. The amendment eliminates the Sec- partment intends to contract for storage of the term ‘‘allocation and information provi- retary’s allocation authority. petroleum under part C, the notification will sions of the international energy program.’’ The amendment also would make explicit include a requirement for information more The new term establishes the scope of oil the authority of the Secretary to cancel a pertinent to the contract. company activities covered by the antitrust sale in progress. This authority would enable Subsection (u) would amend section 172 of defense and includes actions to assist the the Secretary to respond to inordinately low EPCA. IEA in implementing coordinated drawdown bids, changes in market conditions, or a sud- Paragraph (1) would delete subsections (a) of petroleum stocks. den reversal in the nature of the shortage or and (b). The exemption in subsection (a) Paragraph 2 would amend paragraph emergency. from the requirement for a Strategic Petro- 252(d)(3) of EPCA to clarify that a plan of ac- Paragraph (4) would amend subsection leum Reserve Plan amendment is no longer tion submitted to the Attorney General for 161(g) of EPCA. necessary because the bill eliminates the re- approval must be as specific in its descrip- Subparagraph (4)(A) would amend sub- quirement for Plan amendments. Subsection tion of proposed substantive actions as is section 161(g)(1) of EPCA to substitute ‘‘dis- (b) provides that, for purposes of meeting the reasonable ‘‘in light of circumstances known tribution procedures’’ for ‘‘Distribution fill rate requirement in section 160 (d)(1) of at the time of approval’’ rather than ‘‘in Plan’’. EPCA part C contract oil which is removed light of known circumstances.’’ Subparagraph (4)(B) would strike sub- from the Reserve at the end of the contract Paragraph 3 would amend paragraph section 161(g)(2) of EPCA because it refers to agreement shall be considered part of the Re- 252(e)(2) of EPCA to give the Attorney Gen- the Distribution Plan eliminated by the bill, serve until the beginning of the fiscal year eral flexibility in promulgating rules con- and subsection 161(g)(6) of EPCA because it following the fiscal year in which the oil is cerning the maintenance of records by oil refers to the minimum required fill rate removed. This subsection is unnecessary companies related to the development and eliminated by the bill. since the requirement for specific fill rates is carrying out of voluntary agreements and Subparagraph (4)(C) would amend section deleted by amendment of section 160 of the plans of action. 161(g)(4) of EPCA to prevent the Secretary Act. Paragraph 4 would amend paragraph from selling oil during a test sale of the Subsection (v) would delete section 173 of 252(f)(2) of EPCA to clarify that the antitrust Strategic Petroleum Reserve at a price less EPCA which requires congressional review defense applies to oil company actions taken than ‘‘95 percent’’ of the sales price of com- and therefore, public scrutiny of the details to carry out an approved voluntary agree- parable crude oil being sold in the same area of contracts even though no implementing ment as well as an approved plan of action. at the time the Secretary is offering crude legislation is needed, and requires a 30-day Paragraph 5 would amend subsection 252(h) oil for sale rather than ‘‘90 percent’’ cur- ‘‘lie before’’ period before the contract can of EPCA to strike the reference to section rently stipulated in this section. Since 10 go into effect. This requirement is a substan- 708(A) of the Defense Production Act of 1950, percent of current prices upward of $1.50 per tial impediment to acquisition of oil for the which was repealed by Public Law 102–558 barrel, the Department believes a smaller Reserve by ‘‘leasing’’ and other alternative (October 28, 1992), and the reference to the range of difference in price would protect the financing methods authorized by EPCA, part Emergency Petroleum Allocation Act of 1973, Department from selling the oil below nor- C. which expired in 1981. mal variations in market prices. Paragraph 6 would amend subsection 252(i) Subsection (w) would amend section 181 of Subection (p) would strike section 164 of of EPCA to require the Attorney General and EPCA by extending the expiration date of EPCA. Section 164 of EPCA required a study the Federal Trade Commission to submit re- title I, parts B and C from June 30, 1996 to of the use of Naval Petroleum Reserve No 4 ports to Congress and to the President on the September 30, 2001. jointly by the Secretaries of Energy, the In- impact of actions authorized by section 252 Public Law 103–406 extended the expiration terior and the Navy, with a report to Con- on competition and on small businesses an- date to June 30, 1996. gress within 180 days of the passage of the nually rather than every six months, except original Act. The study and report were com- SECTION 4. AMENDMENTS TO TITLE II OF EPCA during an ‘‘international energy supply pleted. Subsection (a) would strike part A of EPCA emergency,’’ when the reports would be re- Subsection (q) would amend section 165 of title II, which contains the authorities for quired every six months. EPCA by deleting the requirement for quar- gasoline rationing and other mandatory en- Paragraph 7 would amend paragraph terly reports on the operation of the Stra- ergy conservation measures which expired on 252(k)(2) of EPCA by substituting a defini- tegic Petroleum Reserve, and requiring in- July 1, 1985. tion of the term ‘‘international emergency stead an annual report consistent with other Subsection (b) would amend section 251(e)(1) response provisions’’ for the present defini- parts of this amendment. Quarterly reports, by striking section ‘‘252(l)(l)’’ and inserting tion of ‘‘allocation and information provi- considered important during the early in lieu thereof ‘‘252(k)(l).’’ sions of the international energy program.’’ growth period of the Strategic Petroleum Subsection (c) would amend section 252 of The new term, which establishes the scope of Reserve to inform the Congress of progress EPCA, which makes available to United company actions covered by the antitrust in construction and the rate of fill, are now States oil companies a limited antitrust de- defense, covers (A) the allocation and infor- unnecessary, and their deletion would save fense and breach of contract defense for ac- mation provisions of the IEP and (B) emer- administrative costs. Subsection (q) would tions taken to carry out a voluntary agree- gency response measures adopted by the IEA also eliminate references to the Strategic ment or plan of action to implement the ‘‘al- Governing Board for the coordinated draw- Petroleum Reserve Plan, the Distribution location and information provisions’’ of the down of stocks of petroleum products held or Plan, and the Early Storage Reserve, which Agreement on an International Energy Pro- controlled by governments and complemen- are eliminated by the bill and would change gram (‘‘IEP’’). These limited defenses are tary actions taken by governments during some of the requirements for information to now available only in connection with the an existing or impending international oil be included in the annual report to reflect companies’ participation in planning for and supply disruption, whether or not inter- more accurately the current status of the implementation of the IEP’s emergency oil national allocation of petroleum products is Reserve. sharing and information programs. The required by the IEP.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1860 CONGRESSIONAL RECORD — SENATE March 12, 1996 Paragraph 8 would amend subsection 252(l) pating in the International Energy Agency porary emergency rate of production, if any, of EPCA to make clear that the antitrust de- would be clarified by the proposed legisla- for each field on Federal lands which pro- fense does not extend to international allo- tion. Titles I and II are proposed for exten- duces or is capable of producing significant cation of petroleum unless the IEA’s Emer- sion beyond their June 30, 1996 expiration volumes of crude oil or natural gas. The gency Sharing System has been activated. date. President may then require production at Subsection (d) would amend subsection Title III contains authorities for certain those rates, and the owner may sue for dam- 256(h) of EPCA to authorize appropriations energy efficiency and conservation pro- ages if economic loss is incurred. for fiscal years 1996 through 2001 for the ac- grams. The authorization of appropriations Subsection (d) would amend section 151 of tivities of the interagency working group has expired for these programs. These suc- EPCA to clarify the policy for establishing a and interagency working subgroups estab- cessful and very cost beneficial programs, strategic reserve of petroleum products, and lished by section 256 of EPCA to promote ex- designed to encourage and subsidize demand delete references to the Early Storage Re- ports of renewable energy and energy effi- reducing investment and manufacturing, are serve, the objectives of which have been ciency products and services. proposed for extension without amendment. achieved. Subsection (e) would strike EPCA part C, Title V contains residual provisions from the Subsection (e) would amend section 152 of which was added to the EPCA by the Energy Federal Energy Administration pertaining to EPCA by deleting the definition of ‘‘Early Emergency Preparedness Act of 1982 and energy data bases and information, and gen- Storage Reserve’’ and ‘‘Regional Petroleum which required the submission to Congress of eral and administrative matters. Those pro- Reserve.’’ Requirements for and all ref- reports on energy emergency legal authori- visions which hinder the flexibility of the erences to these parts of the program would ties and response procedures. The reporting Administrator of the Energy Information be deleted by this bill. Subsection (f) would strike section 153 of requirement was fulfilled in 1982. Administration to collect currently mean- EPCA and amend section 154 to reflect the Subsection (f) would amend section 281 of ingful information are proposed for deletion. transfer of the Strategic Petroleum Reserve EPCA by extending the expiration date of The proposed legislation would extend the Office from the Federal Energy Administra- title II from June 30, 1996 to September 30, Strategic Petroleum Reserve, participation 2001. tion to the Department of Energy. in the International Energy Program, and Subsection (g) would amend section 154 of Public Law 103–406 extended the expiration conservation and efficiency authorities to date to June 30, 1996. EPCA to eliminate requirements for a Stra- September 30, 2001. It would revise or delete tegic Petroleum Reserve Plan, and for speci- SECTION 5. AMENDMENTS TO TITLE III OF EPCA certain provisions which are outdated or un- fied fill rates and schedules, but would retain Subsection (a) would amend sections 365 necessary. authority for a one billion barrel Reserve. and 397 of EPCA, which provide authoriza- The proposed legislation and a sectional The Strategic Petroleum Reserve Plan is tion for appropriations for fiscal years 1991, analysis are enclosed. largely obsolete because the sites that are 1992, and 1993 for State Energy Conservation The Office of Management and Budget ad- described for development in the Plan have programs and the Energy Conservation Pro- vises that enactment of this proposal would now been developed. The need for the Draw- gram for Schools and Hospitals. The amend- be in accord with the program of the Presi- down and Distribution Plan, contained in ment would authorize appropriations of dent. We look forward to working with the Plan Amendment 4, is eliminated by the $24.651 million for section 365 and $26.849 mil- Congress toward enactment of this legisla- amendment to section 159, which would cod- lion for section 397 for fiscal year 1996 and tion. ify competitive sale as the drawdown and such funds as may be necessary for fiscal Sincerely, distribution policy and eliminate allocation years 1997 through 2001. HAZEL R. O’LEARY. as a method of distribution. Subsection (b) would amend section 400BB Enclosures. Subsection (h) would delete section 155 of to extend the authorization for the appro- SECTION-BY-SECTION EPCA, which requires the establishment of priation of the Alternative Fuels Truck an Early Storage Reserve. All of the volu- SECTION 2. AMENDMENTS TO THE STATEMENT OF Commercial Application Program to fiscal metric goals for the Early Storage Reserve PURPOSES year 2001. have been accomplished, and there is no Section 2 of the bill would amend section 2 SECTION 6. AMENDMENTS TO TITLE V OF EPCA longer a distinction between the Early Stor- of the Energy Policy and Conservation Act Paragraph 1 would delete section 507 of the age Reserve and any other facilities or petro- (EPCA). leum that make up the Strategic Petroleum Act, which provides that the Energy Infor- Paragraph (1) would strike language refer- mation Administration must continue to Reserve. ring to standby energy conservation and ra- Subsection (i) would amend section 156(b) gather the same data on pricing, supply and tioning authorities in title II, part A, which of EPCA on the Industrial Petroleum Re- distribution of petroleum products as it did expired June 30, 1985. serve authority to remove references to the on September 1, 1981. This section hinders Paragraph (2) would strike paragraphs (3) Early Storage Reserve and the Strategic Pe- the flexibility of the Administrator to col- and (6) of the Statement of Purposes to re- troleum Reserve Plan, which are being de- lect information that is currently meaning- flect the bill’s elimination of sections 102 (in- leted by other amendments. ful. There is no reason to have a statutory centives to develop underground coal mines) Subsection (j) would delete section 157, Re- prohibition against modifying and amending and 106 (Production of oil or gas at the max- gional Petroleum Reserve. Section 157 of the the types of data collected. imum efficient rate and temporary emer- Act requires the establishment of regional Paragraph 2 would delete section 522 of the gency production rate). petroelum reserve of refined products in Fed- Act, which provides conflict of interest dis- eral Energy Administration regions that are closure requirements for the Federal Energy SECTION 3. AMENDMENTS TO TITLE I OF EPCA dependent upon imports for more than 20 Administration. This section was superseded Section (a) would strike section 102 of percent of their consumption. The Depart- by the Department of Energy Organization EPCA. ment determined to substitute crude oil for Act. Section 102 of EPCA provides a loan guar- anty program to encourage the opening of products and also determined that the Gulf Coast area is near enough to all areas to pro- SECRETARY OF ENERGY, underground coal mines. Coal supply, how- ever, is abundant, and the loan guarantee vide protection. Washington, DC, October 10, 1995. Subsection (k) would delete 158 of EPCA. Hon. AL GORE, program has been inactive since the early Section 158 requires reports to Congress on President of the Senate, 1980s. Because there is no current or foresee- Utility Reserves, Coal Reserves, and Remote Washington, DC. able need for the program authorized by sec- Crude Oil and Natural Gas Reserves within DEAR MR. PRESIDENT: Enclosed is a legisla- tion 102 of EPCA, it is appropriate to delete six months of passage of the original Act. tive proposal cited as the ‘‘Energy Policy the section. This requirement has been fulfilled. and Conservation Act Amendments Act of Section (b) would amend section 105(a) of Subsection (l) would amend the heading for 1995.’’ This proposal would amend and extend EPCA by providing that the Secretary of the section 159 of EPCA to reflect amendment to certain authorities in the Energy Policy and Interior may allow joint bidding by major oil its contents. Conservation Act (Act) which either have ex- companies unless the Secretary determines Subsection (m) would amend section 159 of pired or will expire June 30, 1996. Not all sec- that this bidding would adversely affect EPCA. tions of the current act are proposed for ex- competition or the receipt of fair market Paragraph (l) would eliminate subsections tension. value. If the Secretary decides to prohibit (a) through (e) of section 159 of EPCA, which The Act was passed in 1975. Title I author- joint bidding, it may be done without issuing require Congressional review of the Stra- izes the creation and maintenance of the a rule, as previously required. This change tegic Petroleum Reserve Plan and provide Strategic Petroleum Reserve that would would render unnecessary the exemption for Plan amendments, to reflect the deletion mitigate shortages during an oil supply dis- process required in section 105(c). The report of the requirement for a Strategic Petroleum ruption. Title II contains authorities essen- required in section 105(e) has been issued to Reserve Plan in subsection (g) of this amend- tial for meeting key United States obliga- Congress. ment. tions to the International Energy Agency. Section (c) would strike section 106 of Paragraph (2) would amend subsection 159 This is our method of coordinating energy EPCA. (f) of EPCA to eliminate references to the emergency response programs with other Section 106 of EPCA directs the Secretary Strategic Petroleum Reserve Plan and the countries. The current antitrust defense of the Interior to determine the maximum Early Storage Reserve Plan. This amend- available to American companies partici- efficient rate of production and the tem- ment also would clarify and make explicit

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1861 the Secretary’s discretionary authority to leum Reserve have proved to be very prob- also eliminate references to the Strategic lease, sell, or otherwise dispose of underuti- lematic. Petroleum Reserve Plan, the Distribution lized Strategic Petroleum Reserve facilities. Subsection 160(e) describes various excep- Plan, and the Early Storage Reserve, which If necessary or appropriate, lease terms tions to the linkage between the Naval Pe- are eliminated by the bill and would change could exceed the five-year limitation of sec- troleum Reserve Numbered 1 crude oil sales some of the requirements for information to tion 649(b) of the Department of Energy Or- authority and the Strategic Petroleum Re- be included in the annual report to reflect ganization Act. In addition, the Secretary is serve fill rate, which would be eliminated by more accurately the current status of the given authority to lease under-utilized Stra- this bill. Reserve. tegic Petroleum Reserve facilities to foreign Subsection 160(g) requires a refined petro- Subsection (r) would amend section 166 of governments or their representatives. These leum product reserve test in fiscal years EPCA to authorize appropriations necessary leases also may exceed the five-year limita- 1992–94, and a report to Congress. The test to implement the Strategic Petroleum Re- tion of section 649(b). was not conducted due to insufficient appro- serve, and to delete year specific authoriza- Paragraph (3) would remove references in priations in fiscal year 1992 and fiscal year tions for the early years of the Reserve. subsection (g) of section 159 of EPCA to the 1993 and was waived in fiscal year 1994. The Subsection (s) would amend section 167 of Strategic Petroleum Reserve Plan. required report has been submitted. EPCA to clarify that funds generated by test Paragraph (4) would delete subsections Subsection (o) would amend section 161 of sales will be deposited in the SPR Petroleum 159(h) and (i) of EPCA. Subsection 159(h) EPCA. Account. The amendment would remove lan- deals with interim storage facilities which Paragraph (1) would strike subsections 161 guage specific to fiscal year 1982 which lim- provide for storage of petroleum prior to the (b) and (c) of EPCA, because they refer to its the amount of money in the SPR Petro- creation of Government-owned facilities. both the Strategic Petroleum Reserve Plan leum Account that year. The amendment That authority is no longer needed since the and the Early Storage Reserve Plan which also would delete reference to the use of Reserve has 592 million barrels of oil in stor- would be eliminated by this bill. funds for interim storage, which will not be age and significant unutilized storage capac- Paragraph (2) would amend subsection needed because the permanent facilities are ity. Subsection 159(i) required the submis- 161(d)(1) of EPCA by eliminating the ref- complete for the storage of 750 million bar- sion of a report to Congress within 18 months erences to the Distribution Plan contained rels of oil. Subsection (t) would amend section 171 of after enactment of the 1990 EPCA Amend- in the Strategic Petroleum Reserve Plan but EPCA to eliminate the reference to a re- ments on the results of contract negotia- would not change the existing conditions for quirement for information identical to that tions conducted pursuant to part C of EPCA. Presidential decision to draw down and dis- tribute the Reserve. in section 154(e) of EPCA. Section 154(e) de- The Department did not conclude any con- scribes information that is included in the tracts pursuant to part C, and the reporting Paragraph (3) would amend subsection 161(e) of EPCA to require the Secretary to Strategic Petroleum Reserve Plan, which is provision has expired by its own terms. deleted in this legislation. Instead, when the Paragraph (5) would amend subsection distribute oil from the Reserve via a public Secretary notifies the Congress that the De- 159(j) of EPCA to reflect the elimination of competitive sale to the highest qualified bid- partment intends to contract for storage of the statutory requirement for a Strategic der. The amendment eliminates the Sec- retary’s allocation authority. petroleum under part C, the notification will Petroleum Reserve Plan by amendment of include a requirement for information more section 154 of the Act. This amendment The amendment also would make explicit the authority of the Secretary to cancel a pertinent to the contract. would continue the requirement for submis- Subsection (u) would amend section 172 of sale in progress. This authority would enable sion to Congress of proposed plans for expan- EPCA. sion of storage capacity following a deter- the Secretary to respond to inordinately low Paragraph (1) would delete subsections (a) mination by the Secretary that the Reserve bids, changes in market conditions, or a sud- and (b). The exemption in subsection (a) can reasonably be expected to be filled to 750 den a reversal in the nature of the shortage from the requirement for a Strategic Petro- million barrels within five years. This re- or emergency. leum Reserve Plan amendment is no longer flects the uncertain financing situation for Paragraph (4) would amend subsection necessary because the bill eliminates the re- filling available capacity in the Reserve and 161(g) of EPCA. quirement for Plan amendments. Subsection Subparagraph (4)(A) would amend sub- makes planning for capacity expansion be- (b) provides that, for purposes of meeting the section 161(g)(1) of EPCA to substitute ‘‘dis- yond current capacity premature. fill rate requirement in section 160(d)(1) of Paragraph (6) would amend subsection tribution procedures’’ for ‘‘Distribution EPCA, part C contract oil which is removed 159(l) to eliminate the reference to the Dis- Plan.’’ from the Reserve at the end of the contract Subparagraph (4)(B) would strike sub- tribution Plan, but would retain the Sec- agreement shall be considered part of the Re- section 161(g)(2) of EPCA because it refers to retary’s authority, during drawdown and dis- serve until the beginning of the fiscal year tribution of the Reserve, to promulgate regu- the Distribution Plan eliminated by the bill, following the fiscal year in which the oil is lations necessary to the drawdown and dis- and subsection 161(g)(6) of EPCA because it removed. The subsection is unnecessary tribution without regard to rulemaking re- refers to the minimum required fill rate since the requirement for specific fill rates is quirements in section 523 of this Act and sec- eliminated by the bill. deleted by amendment of section 160 of the tion 501 of the Department of Energy Organi- Subparagraph (4)(C) would amend section Act. zation Act. 161(g)(4) of EPCA to prevent the Secretary Subsection (v) would delete section 173 of Subsection (n) would amend section 160 of from selling oil during a test sale of the EPCA which requires congressional review EPCA. Strategic Petroleum Reserve at a price less and, therefore, public scrutiny of the details Paragraph (1) would amend subsection than ‘‘95 percent’’ of the sales price of com- of contracts even though no implementing 160(a) of EPCA to provide that the Sec- parable crude oil being sold in the same area legislation is needed, and requires a 30-day retary’s authority to acquire petroleum at the time the Secretary is offering crude ‘‘lie before’’ period before the contract can products for the Strategic Petroleum Re- oil for sale rather than ‘‘90 percent’’ cur- go into effect. This requirement is a substan- serve is contingent on the availability of rently stipuled in this section. Since 10 per- tial impediment to acquisition of oil for the funds. cent of current prices ranges upward of $1.50 Reserve by ‘‘leasing’’ and other alternative Paragraph (2) would amend subsection per barrel, the Department believes a small- financing methods authorized by EPCA, part 160(b) of EPCA by striking the references to er range of difference in price would protect C. the Early Storage Reserve and the Regional the Department from selling the oil below Subsection (w) would amend section 181 of Petroleum Reserve, which would be elimi- normal variations in market prices. EPCA by extending the expiration date of nated by this bill. Subsection (p) would strike section 164 of title I, parts B and C from June 30, 1996 to Paragraph (3) would strike subsections EPCA. Section 164 of EPCA required a study September 30, 2001. 160(c), (d), (e), and (g) of EPCA. of the use of Naval Petroleum Reserve No. 4 Public Law 103–406 extended the expiration Subsection 160(c) of EPCA requires min- jointly by the Secretaries of Energy, the In- date to June 30, 1996. imum fill rates. These requirements have terior and the Navy, with a report to Con- SECTION 4. AMENDMENTS TO TITLE II OF EPCA proved unrealistic given changes in oil mar- gress within 180 days of the passage of the Subsection (a) would strike part A of kets and availability of financing. The pro- original Act. The study and report were com- EPCA title II, which contains the authorities posed amendment gives the Secretary flexi- pleted. for gasoline rationing and other mandatory bility to fill the Reserve contingent upon the Subsection (q) would amend section 165 of energy conservation measures which expired availability of funds. EPCA by deleting the requirement for quar- on July 1, 1985. Subsection 160(d) links sales authority for terly reports on the operation of the Stra- Subsection (b) would amend section the United States’ share of crude oil at tegic Petroleum Reserve and requiring in- 251(e)(1) by striking section ‘‘252(l)(1)’’ and Naval Petroleum Reserve Numbered 1 to a stead an annual report consistent with other inserting in lieu thereof ‘‘252(k)(1).’’ fill level of 750,000,000 barrels or a fill rate of parts of this amendment. Quarterly reports Section (c) would amend section 252 of 75,000 barrels per day. The requirement for considered important during the early EPCA, which makes available to United Strategic Petroleum Reserve fill is depend- growth period of the Strategic Petroleum States oil companies a limited antitrust de- ent on the availability of financing for Stra- Reserve to inform the Congress of progress fense and breach of contract defense for ac- tegic Petroleum Reserve acquisition, and the in construction and the rate of fill, are now tions taken to carry out a voluntary agree- logistics of moving Naval Petroleum Reserve unnecessary, and their deletion would save ment or plan of action to implement the ‘‘al- Numbered 1 crude oil to the Strategic Petro- administrative costs. Subsection (q) would location and information provisions’’ of the

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1862 CONGRESSIONAL RECORD — SENATE March 12, 1996 Agreement on an International Energy Pro- controlled by governments and complemen- tisan support to respond quickly to gram (‘‘IEP’’). These limited defenses are tary actions taken by governments during this threat to the safety of Americans. now available only in connection with the an existing or impending international oil It may surprise the American people companies’ participation in planning for and supply disruption, whether or not inter- to know that very dangerous, indeed implementation of the IEP’s emergency oil national allocation of petroleum products is sharing and information programs. The required by the IEP. deadly, organisms that cause diseases amendment would extend the section 252 Paragraph 8 would amend subsection 252(1) and death in human beings are avail- antitrust defense (but not the breach of con- of EPCA to make clear that the antitrust de- able for purchase across State lines— tract defense) to U.S. companies when they fense does not extend to international allo- not only by legitimate users, but by assist the International Energy Agency cation of petroleum unless the IEA’s Emer- those who may use them with criminal (‘‘IEA’’) in planning for and implementing gency Sharing System has been activated. intent. These organisms include the coordinated drawndown of government- Subsection (d) would amend subsection agents that cause the bubonic plague, 256(h) of EPCA to authorize appropriations owned or government-controlled petroleum anthrax, and other diseases. stocks. In 1984, largely at the urging of the for fiscal years 1996 through 2001 for the ac- United States, the IEA’s Governing Board tivities of the interagency working group Perversely, the Federal Government adopted a decision on ‘‘Stocks and Supply and interagency working subgroups estab- has stricter regulations on the inter- Disruptions’’ which established a framework lished by section 256 of EPCA to promote ex- state transportation of biological for coordinating the drawdown of member ports of renewable energy and energy effi- agents causing disease in plants and countries’ government-owned and govern- ciency products and services. animals than it has for the interstate ment-controlled petroleum stocks in those Subsection (e) would strike EPCA part C, transportation of agents that cause oil supply disruptions that appear capable of which was added to the EPCA by the Energy disease in humans. causing severe economic harm, whether or Emergency Preparedness Act of 1982 and I favor regulatory reform and a re- which required the submission to Congress of not sufficient to activate the IEP emergency duction in the Government’s overall oil sharing and information programs. Dur- reports on energy emergency legal authori- ing the 1990–91 Persian Gulf crisis the IEA ties and response procedures. The reporting regulatory burden on the American successfully tested the new coordinated requirement was fulfilled in 1982. people. But that is not to say that the stockdraw policy. Subsection (f) would amend section 281 of Federal Government has no legitimate Paragraph 1 would amend subsections 252 EPCA by extending the expiration date of regulatory role to play. The interstate (a) and (b) of EPCA. These sections would be title II from June 30, 1996 to September 30, transport of dangerous biological amended by substituting the term ‘‘inter- 2001. agents should be regulated. Public Law 103–406 extended the expiration national emergency response provisions’’ for A recent Washington Post story re- the term ‘‘allocation and information provi- date of June 30, 1996. ported that, in May 1995, an individual sions of the international energy program.’’ SECTION 5. AMENDMENTS TO TITLE III OF EPCA in Ohio faxed an order for three vials of The new term establishes the scope of oil Subsection (a) would amend sections 365 company activities covered by the antitrust and 397 of EPCA, which provide authoriza- the agent that causes the bubonic defense and includes actions to assist the tion for appropriations for fiscal years 1991, plague, a disease that killed one-third IEA in implementing coordinated drawdown 1992, and 1993 for State Energy Conservation of the people of 14th century Europe, of petroleum stocks. programs and the Energy Conservation Pro- from the American Type Culture Col- Paragraph 2 would amend paragraph gram for Schools and Hospitals. The amend- lection [ATCC] in Maryland. The pur- 252(d)(3) of EPCA to clarify that a plan of ac- ment would authorize appropriations of chaser’s letterhead appeared to be that tion submitted to the Attorney General for $24,651 million for section 365 and $26,849 mil- approval must be as specific in its descrip- of a laboratory. lion for section 397 for fiscal year 1996 and When the purchaser called ATCC to tion of proposed substantive actions as is such funds as may be necessary for fiscal reasonable ‘‘in light of circumstances known years 1997 through 2001. complain about slow delivery, the sales at the time of approval’’ rather than ‘‘in Subsection (b) would amend section 400BB representative became concerned about light of known circumstances.’’ to extend the authorization for the appro- whether the caller was someone who Paragraph 3 would amend paragraph priation of the Alternative Fuels Truck should have the plague agent. Ohio po- 252(e)(2) of EPCA to give the Attorney Gen- Commercial Application Program to fiscal lice, public officials, the FBI, and eral flexibility in promulgating rules con- year 2001. cerning the maintenance of records by oil emergency workers ultimately scoured SECTION 6. AMENDMENTS TO TITLE V OF EPCA companies related to the development and the purchaser’s home. carrying out of voluntary agreements and Paragraph 1 would delete section 507 of the In the home they found nearly a plans of action. Act, which provides that the Energy Infor- dozen M–1 rifles, smoke grenades, Paragraph 4 would amend paragraph mation Administration must continue to blasting caps, and white separatist lit- 252(f)(2) of EPCA to clarify that the antitrust gather the same data on pricing, supply and erature. The deadly micro-organisms defense applies to oil company actions taken distribution of petroleum products as it did on September 1, 1981. This section hinders were found in the glove compartment to carry out an approved voluntary agree- of the purchaser’s automobile, still ment as well as an approved plan of action. the flexibility of the Administrator to col- Paragraph 5 would amend subsection 252(h) lect information that is currently meaning- packed as shipped. of EPCA to strike the reference to section ful. There is no reason to have a statutory The purchaser was prosecuted under 708(A) of the Defense Production Act of 1950, prohibition against modifying and amending wire and mail fraud statutes. But these which was repealed by Public Law 102–558 the types of data collected. charges would not have been possible if (October 28, 1992), and the reference to the Paragraph 2 would delete section 522 of the the purchaser had not sent a false Emergency Petroleum Allocation Act of 1973, Act, which provides conflict of interest dis- statement on the letterhead of a non- which expired in 1981. closure requirements for the Federal Energy Paragraph 6 would amend subsection 252(i) Administration. This section was superseded existent laboratory stating that the of EPCA to require the Attorney General and by the Department of Energy Organization laboratory assumed responsibility for the Federal Trade Commission to submit re- Act.∑ the shipment, as the seller had re- ports to Congress and to the President on the By Mr. HATCH (for himself, Mrs. FEINSTEIN, quired. impact of actions authorized by section 252 Mr. THURMOND, Mr. DEWINE, Mr. KOHL, and Unfortunately, both current laws and on competition and on small businesses an- Mr. BIDEN): regulations are deficient in protecting nually rather than every six months, except S. 1606. A bill to control the use of bi- Americans from the threat of the di- during an ‘‘international energy supply ological agents that have the potential version of potentially dangerous bio- emergency,’’ when the reports would be re- to pose a severe threat to public health logical agents. Gaps exist in current quired every six months. Paragraph 7 would amend paragraph and safety, and for other purposes; to regulations that allow anyone to pos- 252(k)(2) of EPCA by substituting a defini- the Committee on the Judiciary. sess deadly biological agents, also re- tion of the term ‘‘international emergency THE BIOLOGICAL AGENTS ENHANCED PENALTIES ferred to as human pathogens, and gaps response provisions’’ for the present defini- AND CONTROL ACT exist in our criminal laws that make tion of ‘‘allocation and information provi- Mr. HATCH. Mr. President, I rise to prosecution of people who attempt to sions of the international energy program.’’ introduce a bill that has a simple but obtain these agents for illegitimate The new term, which establishes the scope of important purpose: To decrease the op- purposes very difficult. company actions covered by the antitrust defense, covers (A) the allocation and infor- portunity for terrorists to use a bio- I would like to take a moment to dis- mation provisions of the IEP and (B) emer- logical weapons. cuss these problems with you. gency response measures adopted by the IEA S. 1606 is cosponsored by Senators Biological agents that cause disease Governing Board for the coordinated draw- FEINSTEIN, THURMOND, DEWINE, KOHL, in humans are available to several le- down of stocks of petroleum products held or and BIDEN. I welcome this broad bipar- gitimate groups of users. First, small

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1863 quantities of biological agents can be Unfortunately, threats now exist Justice. Mr. Richard stated that the found in patient samples that are ana- that we did not even know about when multiagency task force looking into lyzed by clinical laboratories. Second, this definition was written. For in- this issue determined ‘‘that there were biological agents are used in the con- stance, we now are experiencing a rapid no comprehensive Federal regulations duct of legitimate basic and clinical growth in the field of gene technology. governing the control of these dan- science research by scientists across This technology now gives scientists gerous organisms.’’ the country, both within and outside of the ability to deliberately or acciden- My colleagues and I believe that cur- Government. Third, the Department of tally insert genes into micro-organisms rent regulation and law have left us Defense has facilities to investigate bi- that could broaden their host range, vulnerable to the potential use of bio- ological agents, not as weapons, but to alter their route of disease trans- logical agents as a terrorist weapon. develop protective strategies in the mission to humans, make them more We have not kept pace with science and event of military use of these agents toxic, or make them more difficult to technology, nor have we recognized during war. Currently, however, any- treat. that we live in a more dangerous world one else can also obtain these agents CDC has wide authority to regulate than we once did. We further believe under Federal law. The only limits on biological agents that pose a threat to that action must be taken sooner, who may purchase deadly biological human health, and could establish rather than later, to avoid a potential agents are those imposed by the sellers rules limiting who may possess these disaster. themselves. agents. Current regulations do not pro- This bill strikes a balance between There are many regulations in place tect communities from intentional di- protecting citizens from the threat with regard to the management of bio- version of biological agents or the po- that biological agents will be used as a logical agents. These regulations come tential for these agents to be turned weapon of domestic terrorism and plac- from many different governmental into weapons of mass destruction. ing over-burdensome demands on le- sources, including the CDC, the Postal This fact was recognized by CDC tes- gitimate users of biological agents. Service, U.S. Department of Agri- timony before the Senate Judiciary The first title of our bill is directed culture, Department of Commerce, committee last week. Dr. James M. at placing appropriate criminal provi- Food and Drug Administration, and the Hughes, the Assistant Surgeon General sions in place as requested by the Jus- Department of Transportation, among and Director of the National Center for tice Department. Our provisions ensure others. Unfortunately, the regulations Infectious Diseases for the CDC testi- that persons who develop or use bio- logical organisms as a weapon will face were developed by these agencies with fied: little or no apparent integration with severe and certain punishment. The current safeguards governing the ac- Our bill does this by amending sec- other agencies, and with narrow pur- quisition and distribution, in the United tions 175 to 178 of Title 18, which relate poses in mind. They were also devel- States, of infectious and/or toxic agents are to prohibitions with respect to biologi- oped in an era when domestic terrorism not comprehensive. There is no single set of cal weapons. As it currently is written, was not thought of as a real risk. consistent regulations but rather a number this provision makes it criminal to In addition to the lack of coordina- of different departmental regulations that address the shipping and handling of infec- knowingly develop, produce, transfer, tion of efforts in the regulation of bio- tious agents. Taken together, these are effec- acquire, or possess any biological logical agents, existing regulations tive at controlling the packaging, labeling, agent, toxin, or delivery system for use have not kept up with advancing and transport of infectious materials, but as a weapon. It also prohibits know- science. For instance, biological agents they are not completely effective at control- ingly assisting a foreign state or orga- are currently classified by CDC into ling the possession and transfer of human in- nization to do so. My bill will strength- four classes, based on several criteria. fectious agents within the United States. en this provision to include an at- This ranges from class 1 organisms, Unfortunately, efforts by CDC and tempt, threat, and conspiracy prohibi- which are considered to be nonharmful others have been slow. To date, there tion within its scope. In addition, I to humans under ordinary cir- have been at least two multiagency broaden the definitions of biological cumstances, to class 4 organisms, task forces established to look at this agent, toxin, and vector in section 178 which are considered to be highly issue. The first task force completed to cover biological products that can harmful to humans. In the manual its work and made recommendations in be engineered as a result of advances ‘‘Biosafety in Microbiological and Bio- July 1995. The second task force is well made in the field of biotechnology. medical Laboratories,’’—hereafter Bio- underway in the development of a regu- The second statute in Title 18 that safety manual—CDC defines how legiti- latory system, but there does not ap- we amend is section 2332a. That provi- mate laboratories should manage pear to be a sufficient sense of urgency sion currently makes it a criminal of- agents in these various classes. to get the job done. fense to use a weapon of mass destruc- Again, these biohazard levels are de- According to CDC’s March 6 testi- tion. Under current law, a ‘‘weapon of signed for the protection of laboratory mony before the Judiciary Committee, mass destruction’’ is defined to include personnel and to prevent the accidental CDC does not plan to release proposed ‘‘any weapon involving a disease orga- release of these agents into the envi- regulations for at least another 6 nism.’’ 18 U.S.C. § 2332a(b)(2)(C). This ronment. They do not take into ac- months. That means that it might be bill will expand that definition to in- count potential theft of these agents, another year before final rules regu- clude in its coverage the biological or attempt to prevent misdirection of lating who may possess dangerous bio- agents and toxins, as defined in section these agents to terrorists. In addition, logical agents are in place and enforce- 178, including bioengineered products, the biosafety manual that establishes able. that can be used as a weapon of mass biohazard levels was last revised in Why is that a problem? Current destruction. In addition, we add a 1993. It has not kept up with classifica- criminal law has gaps that prevent the threat provision to this statute. tion changes, or with the new strains of prosecution of someone who obtains bi- The second title of our bill requires organisms that are constantly being ological agents under false pretenses, the Secretary of Health and Human described by microbiologists. or who possesses these agents with the Services to establish interim regula- Another example of how current reg- intent to harm others. Under current tions within 90 days and to issue pro- ulation has not kept up with advancing Federal law, it is legal for anyone to posed rules within 180 days that regu- scientific knowledge is the definition possess biological agents—we must late the transfer within the United of what a biological agent actually is. wait until they actually use it as a States of biological agents which have The Centers for Disease Control and weapon before there is anything we can the potential to pose a severe threat to Prevention [CDC] defines a biological do about it. the public health and safety. agent—human pathogen—as ‘‘a viable These gaps in current criminal law I believe that the time limits re- micro-organism or its toxin which were discussed in detail during the quired in our bill are reasonable and causes, or may cause, human disease’’ hearings before the Judiciary Com- prudent, and allow the Secretary of [42 CFR 72]. This definition includes mittee. Mr. Mark M. Richard, the Dep- Health and Human Services adequate algae, bacteria, protozoa, fungi, and vi- uty Assistant Attorney General, testi- time to develop appropriate regula- ruses. fied on behalf of the Department of tions in this area. In fact, Dr. James

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1864 CONGRESSIONAL RECORD — SENATE March 12, 1996 Hughes testified last week that this (3) in section 178— (2) proposed rules not later than 180 days process is well underway. (A) in paragraph (1), by striking ‘‘or infec- after the date of the enactment of this Act; The Judiciary Committee has been tious substance’’ and inserting ‘‘infectious and very concerned about the immediate substance, or biological product that may be (3) final rules not later than 360 days after engineered as a result of biotechnology, or the date of the enactment of this Act. potential for diversion of dangerous bi- any naturally occurring or bioengineered (d) DEFINITIONS.—For purposes of this sec- ological agents under the current law component of any such microorganism, tion— and regulation. In fact, at our hearing virus, infectious substance, or biological (1) the term ‘‘biological agent’’ has the last week, we were disturbed to learn product’’; same meaning as in section 178 of title 18, from agency representatives that no (B) in paragraph (2)— United States Code; and measures are in place to guard against (i) by inserting ‘‘the toxic material of (2) the term ‘‘Secretary’’ means the Sec- reoccurrence of a situation like the plants, animals, microorganisms, viruses, retary of Health and Human Services. Ohio case. fungi, or infectious substances, or a recom- binant molecule’’ after ‘‘means’’; For this reason, on March 6, Senators By Mrs. FEINSTEIN (for herself, (ii) by striking ‘‘production—’’ and insert- Mr. GRASSLEY, Mr. REID and FEINSTEIN, SPECTER, KOHL, and I sent a ing ‘‘production, including—’’; letter to the President urging that he: Mr. KYL): (iii) in subparagraph (A), by inserting ‘‘or S. 1607. A bill to control access to * * * direct the Centers for Disease Con- biological product that may be engineered as trol and Prevention to implement on a pri- a result of biotechnology’’ after ‘‘substance’’; precursor chemicals used to manufac- ority basis emergency procedures which will and ture methamphetamine and other il- protect the American people against the (iv) in subparagraph (B), by inserting ‘‘or licit narcotics, and for other purposes; threat of dangerous, diverted pathogenic ma- biological product’’ after ‘‘isomer’’; and to the Committee on the Judiciary. terials. (C) in paragraph (4), by inserting ‘‘; or mol- METHAMPHETAMINE CONTROL ACT OF 1996 ecule, including a recombinant molecule, or In addition, our new legislation in- Mrs. FEINSTEIN. Mr. President, I cludes a requirement for the establish- biological product that may be engineered as a result of biotechnology,’’ after ‘‘orga- rise today to introduce, along with ment of interim rules while the long- nism’’. Senators GRASSLEY, REID, and KYL, the term rules are developed. (b) TERRORISM.—Section 2332a(a) of title 18, Methamphetamine Control Act of 1996. In closing, Mr. President, I believe United States Code, is amended— This is legislation that, first, increases that the threat for the intentional di- (1) by inserting ‘‘, threatens,’’ after ‘‘at- the regulation of precursor chemicals version of biological agents is real, and tempts’’; and necessary to produce methamphet- that these agents pose a threat for use (2) by inserting ‘‘, including any biological agent, toxin, or vector (as those terms are amine, a dangerous narcotic also as a weapon of domestic terrorism. known as speed, crank or ice. We are submitting a comprehensive defined in section 178)’’ after ‘‘destruction’’. SEC. 4. REGULATORY CONTROL OF BIOLOGICAL Second, it increases the penalties for bill that fixes the gaps in criminal code AGENTS. possession of controlled chemicals or and requires the rapid development and (a) LIST OF BIOLOGICAL AGENTS.— paraphernalia used to make meth- implementation of a regulatory pro- (1) IN GENERAL.—The Secretary shall, amphetamine. gram that will limit the people who through regulations promulgated under sub- This legislation has been drafted over may possess these materials to those section (c), establish and maintain a list of the past 6 months with the input of the who have a legitimate need to possess each biological agent that has the potential Drug Enforcement Agency, the Cali- to pose a severe threat to public health and them. Obviously, time is of the essence, fornia Attorney General’s Bureau of and I hope that the Senate will act as safety. (2) CRITERIA.—In determining whether to Narcotics Enforcement, the California quickly as possible on the Biological include an agent on the list under paragraph Narcotics Officers Association, and Agents Enforcement Enhancement and (1), the Secretary shall— local, State, and Federal law enforce- Control Act. (A) consider— ment and prosecutors. I have a par- I ask unanimous consent that the (i) the effect on human health of exposure ticular interest in this issue because of text of S. 1606 be inserted in the to the agent; the ravaging effects that methamphet- (ii) the degree of contagiousness of the RECORD. amine has had in my own State and There being no objection, the bill was agent and the methods by which the agent is transferred to humans; other States in the Southwest. ordered to be printed in the RECORD, as Let me, for just a moment, explain follows: (iii) the availability and effectiveness of immunizations to prevent and treatments how serious this problem is today. S. 1606 for any illness resulting from infection by Methamphetamine has been around for Be it enacted by the Senate and House of the agent; and a long time. But what once was a Representatives of the United States of (iv) any other criteria the Secretary con- small-scale drug operation run by mo- America in Congress assembled, siders appropriate; and torcycle gangs has now been taken SECTION 1. SHORT TITLE. (B) consult with scientific experts rep- This Act may be cited as the ‘‘Biological resenting appropriate professional groups. over by at least one Mexican drug car- Agents Enhanced Penalties and Control (b) REGULATION OF TRANSFERS OF LISTED tel. According to DEA, it is a multibil- Act’’. BIOLOGICAL AGENTS.—The Secretary shall, lion-dollar industry in America. SEC. 2. FINDINGS. through regulations promulgated under sub- California has become the front line The Congress finds that— section (c), provide for— in this new and dangerous drug war. (1) certain biological agents have the po- (1) the establishment and enforcement of DEA has designated California as the tential to pose a severe threat to public safety procedures for the transfer of biologi- ‘‘source country,’’ a source country for health and safety; cal agents listed pursuant subsection (a), in- (2) such biological agents can be used as cluding measures to ensure— methamphetamine, much like Colom- weapons by individuals or organizations for (A) proper training and appropriate skills bia is the source country for cocaine. It the purpose of domestic or international ter- to handle such agents; and has identified that 93 percent of the rorism or for other criminal purposes; (B) proper laboratory facilities to contain methamphetamine seized nationwide (3) the transfer and possession of poten- and dispose of such agents; has its point of origin in California. tially hazardous biological agents should be (2) safeguards to prevent access to such The explosion of this drug is being regulated to protect public health and safe- agents for use in domestic or international documented in hospital emergency ty; and terrorism or for any other criminal purpose; (4) efforts to protect the public from expo- (3) the establishment of procedures to pro- rooms around California, and the epi- sure to such agents should ensure that indi- tect the public safety in the event of a trans- demic is spreading eastward. In Sac- viduals and groups with legitimate objec- fer or potential transfer of a biological agent ramento just 4 weeks ago, law enforce- tives continue to have access to such agents in violation of the safety procedures estab- ment made the largest seizure in coun- for clinical and research purposes. lished under paragraph (1) or the safeguards ty history—80 pounds; street value, $2.5 SEC. 3. CRIMINAL ENFORCEMENT. established under paragraph (2); and million. (a) BIOLOGICAL WEAPONS.—Chapter 10 of (4) appropriate availability of biological Large-scale labs are now common- title 18, United States Code is amended— agents for research, education, and other le- place. Last year in the Central Valley, (1) in section 175(a), by inserting ‘‘or at- gitimate purposes. law enforcement convicted a man who tempts, threatens, or conspires to do the (c) TIMES LIMITS.—The Secretary shall same,’’ after ‘‘to do so,’’; carry out subsections (a) and (b) by issuing— manufactured in excess of 900 pounds (2) in section 177(a)(2), by inserting (1) interim rules not later than 90 days with a street value of $5 million. Lit- ‘‘threat,’’ after ‘‘attempt,’’; and after the date of the enactment of this Act; erally hundreds of illicit laboratories

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1865 exist throughout the State. In two with $100 and a mail order catalog can SEC. 2. REGULATION OF CHEMICAL SUPPLY counties alone, Riverside and San put themselves into business in manu- HOUSES. Bernardino, there were 589 meth- facturing methamphetamine. They can Section 310 of the Controlled Substances Act (21 U.S.C. 830) is amended by adding at amphetamine labs discovered in 1995. buy large-scale quantities of those the end the following new subsection: Labs can be in apartments, in mobile chemicals that go into making meth- ‘‘(d)(1) Any chemical supply house that homes, in moving vehicles, and in hotel amphetamine. sells a listed chemical, after having been rooms. They can be dismantled in a This bill would double the maximum provided a warning under paragraph (2) with- matter of hours. They are explosive, criminal penalty for possession of a in the previous 10 years, to a person who toxic, and they burn. Law enforcement chemical identified under the Chemical uses, or intends or attempts to use, the list- has indicated that drug dealers come Diversion and Trafficking Act in meth- ed chemical, or causes the listed chemical to in, set up, produce their drugs in ho- be used or attempted to be used, to manufac- amphetamine production and would in- ture or produce methamphetamine shall— tels, and leave. crease the maximum criminal penalty ‘‘(A) be subject to a civil penalty of not The California Environmental Pro- from 4 to 10 years for those who possess more than $250,000; or tection Agency expects that 1,150 sites the specialized equipment used to man- ‘‘(B) for the second violation of this sub- will require cleanup by the end of this ufacture methamphetamine. section, be ordered to cease the production year in California. Most of the chemi- It would remove the loophole on and sale of any chemicals. cals—iodine, refrigerants, hydrochloric pseudoephedrine in the Controlled Sub- ‘‘(2) The Attorney General, acting through gas, sodium hydroxide—are toxic and, stances Act. Pseudoephedrine, a com- the Administrator of the Drug Enforcement Administration, shall provide a written in the case of red phosphorous, one of mon ingredient in many over-the- the precursor chemicals, highly flam- warning to each chemical supply house that counter medicines, is now used as a violates paragraph (1). mable and explosive. substitute for ephedrine to make meth- ‘‘(3) For purposes of this subsection, the Two months ago, a mobile home in amphetamine. term ‘chemical supply house’ means any Riverside used as a methamphetamine I have met with retailers and manu- manufacturer, wholesaler, or retailer, who lab exploded, killing three small chil- facturers of over-the-counter medicines owns, or who represents the owner of, any dren. Incredibly enough, the mother of and I understand the concerns about operation or business enterprise engaging in these children pleaded with neighbors regulated transactions. regulations which the DEA has pro- ‘‘(4) All amounts received from enforce- that they not call for help. Before fire- posed to control the illicit diversion of fighters could find the children’s burnt ment of the civil penalty under paragraph (1) pseudoephedrine to make methamphet- shall be used by the Administrator of the En- bodies, the woman walked away from amine. I intend to work with these vironmental Protection Agency for the envi- the scene. groups over the coming weeks to en- ronmental cleanup of clandestine labora- Police in Phoenix say methamphet- sure that the 37 million Americans who tories used, or intended or attempted to be amine is mainly responsible for the 40- rely on these products continue to have used, to manufacture methamphetamine.’’. percent jump in homicides the city is access to them. SEC. 3. INCREASED PENALTIES FOR POSSESSION experiencing. AND DISTRIBUTION OF LISTED We are creating an informal advisory CHEMICALS. In Contra-Costa County, law enforce- group comprised of executives of chem- ment reports that methamphetamine is (a) IN GENERAL.—Section 401(d) of the Con- ical manufacturers and supply house trolled Substances Act (21 U.S.C. 841(d)) is involved in 89 percent of domestic dis- companies, DEA officials, and other amended by striking ‘‘10 years’’ and insert- putes. law enforcement agencies to devise ing ‘‘20 years in a case involving a list I Last year in San Diego, rival meth- strategies to see that this law is re- chemical or 10 years in a case involving a list amphetamine smuggling rings were re- sponsibly and sensibly enforced. II chemical’’. sponsible for 26 homicides. (b) AMENDMENT OF SENTENCING GUIDE- This bill includes a sense-of-the-Con- In 1994, among all adults arrested in LINES.—The United States Sentencing Com- gress resolution supporting efforts for the San Diego area, 42 percent of men mission shall amend the Federal Sentencing global chemical control. and 53 percent of women tested positive Guidelines to reflect the amendment made for amphetamines. Sutter Memorial The point is that many chemicals by subsection (a). Hospital in Sacramento says that used to make methamphetamine, such SEC. 4. INCREASED PENALTIES FOR MANUFAC- TURE AND POSSESSION OF EQUIP- methamphetamine-affected babies now as ephedrine, are tightly controlled in the United States but are literally MENT USED TO MAKE METH- outnumber crack-addicted babies 7–1. AMPHETAMINE. The Methamphetamine Control Act smuggled into the United States Section 403(d) of the Controlled Substances which we are introducing today is care- through countries with little or no con- Act (21 U.S.C. 843(d)) is amended— fully crafted. It is a targeted piece of trol, like Mexico. This legislation (1) by striking ‘‘(d) Any person’’ and insert- legislation. It is drafted with the help would express the sense of the Congress ing ‘‘(d)(1) Except as provided in paragraph (2), any person’’; and of Federal, State, and local law en- that ephedrine-producing countries should require approval from the Mexi- (2) by adding at the end the following new forcement, and it is aimed at the sup- paragraph: ply side of the problem. can Government for shipments of ephedrine and pseudoephedrine to Mex- ‘‘(2) Any person who, with the intent to This bill would increase criminal manufacture methamphetamine, violates penalties that can be applied to large- ico, where they then come into this subsection (a) (6) or (7), shall be sentenced to scale methamphetamine manufactur- country. a term of imprisonment of not more than 10 ers throughout our Nation. It restricts I am very pleased, Mr. President, years, a fine of not more than $30,000, or access to the precursor chemicals used that this is a bipartisan effort. I am de- both.’’. in mass quantities to produce meth- lighted to have the cosponsorship of SEC. 5. REGULATION OF PSEUDOEPHEDRINE. amphetamine. Senators GRASSLEY and KYL. I note Section 102(39)(A)(iv) of the Controlled It would increase the penalties for that this bill is also being introduced Substances Act (21 U.S.C. 802(3(9)(A)(iv)) is in the House today by Congressman amended by striking ‘‘ephedrine’’ each place possession of controlled chemicals or it appears and inserting ‘‘ephedrine or RIGGS and Congressman VIC FAZIO. specialized equipment like the triple- pseudoephedrine,’’. I ask unanimous consent that the neck flasks used to make methamphet- SEC. 6. ADDITION OF SUBSTANCES TO DEFINI- amine. text of the bill be printed in the TION OF LISTED CHEMICALS. It would add chemicals used to make RECORD. Section 102 of the Controlled Substances methamphetamine—iodine, red phos- There being no objection, the bill was Act (21 U.S.C. 802) is amended— phorous, and hydrochloric gas—to the ordered to be printed in the RECORD, as (1) in paragraph (34) by adding at the end Chemical Diversion and Trafficking follows: the following new subparagraph: ‘‘(Y) Iodine.’’; and Act. S. 1607 It imposes a civil ‘‘three strikes and (2) in paragraph (35), by adding at the end Be it enacted by the Senate and House of Rep- the following new subparagraphs: you’re out’’ law, for companies that are resentatives of the United States of America in ‘‘(I) Red phosphorous. found to be selling chemicals used to Congress assembled, ‘‘(J) Hydrochloric gas.’’. make methamphetamine. SECTION 1. SHORT TITLE. SEC. 7. SUPPORT FOR INTERNATIONAL EFFORTS There are in our State about seven This Act may be cited as the ‘‘Meth- TO CONTROL DRUGS. rogue chemical companies. Anyone amphetamine Control Act of 1996’’. It is the sense of the Congress that—

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1866 CONGRESSIONAL RECORD — SENATE March 12, 1996 (1) the rise in manufacture and usage of boy’s mother: ‘‘He made some wrong throws out of control the production of the the illegal narcotic methamphetamine is of decisions and this drug sucked him brain chemical dopamine, which plays an im- major concern to the United States; away.’’ I ask unanimous consent that portant part in movement, thought and emo- (2) a substantial portion of the ephedrine this New York Times article be printed tion, as is the case with schizophrenia. Over used to make methamphetamine is smuggled time, the drug damages the brain. across the United States-Mexico border; in the RECORD. ‘‘A person addicted to this stuff looks and (3) the countries of China, India, the Czech There being no objection, the mate- acts exactly like a paranoid schizophrenic,’’ Republic, Germany, and Slovenia are the rial was ordered to be printed in the he said. ‘‘You cannot tell any difference.’’ largest manufacturers of ephedrine and RECORD, as follows: He said that a crack addict could reach the pseudoephedrine; [From the New York Times, Feb. 22, 1996] same point of psychotic behavior but that it (4) one means of preventing the inter- GOOD PEOPLE GO BAD IN IOWA, AND A DRUG IS would take ‘‘much longer and much more of national diversion of ephedrine and BEING BLAMED the drug.’’ pseudoephedrine is the letter of nonobjec- The drug, combined with the effects of (By Dirk Johnson) tion, which requires that the government of sleep deprivation, can cause people to go a country receiving a shipment of the chem- NEWTON, IA. Feb. 16.—In this small town mad, with ghastly consequences. In a case ical is aware of and approves the shipment, surrounded by corn fields, nothing but Sun- last July, a man in New Mexico, who was the quantity involved, the company receiv- day morning church bells ever made much high on methamphetamine and alcohol, be- ing the shipment, and the ultimate use of noise, and the jail sat three-quarters empty headed his 14-year-old son and tossed the the chemical; most of the time. severed head from his van window onto a And then about a year or so ago, things (5) therefore, all ephedrine and busy highway. started to go haywire. pseudoephedrine producing countries should The drug has already exacted a big death Crime began to soar, coupled with an out- require letters of nonobjection from the toll in Western states. In California, it was break of irrational behavior; a man with a Mexican government before exporting ephed- blamed for more than 400 deaths from over- spotless record pulled a string of burglaries; rine or pseudoephedrine to that country; and dose and suicide in 1994, the latest year with some parents suddenly became so neglectful (6) all ephedrine and pseudoephedrine pro- complete records on the drug. In Phoenix, it that their children were taken away; a man ducing countries and Mexico should cooper- killed 122 people in 1994, the authorities said. fled his workplace to get a gun, terrified that ate in any way possible to deter the smug- Here in Iowa, the ravages of the drug have helicopters were coming after him; motorists gling of ephedrine and pseudoephedrine into reached what law-enforcement and health of- in routine traffic stops greeted the police the United States. ficials call an epidemic level. The police in with psychotic tirades. Mr. GRASSLEY. Mr. President, Prosecutors linked all of these cases and Des Moines seized $4.5 million worth of today I am pleased to introduce the many more in this town of 15,000 people to methamphetamine in the last year alone. And for the first time in Polk County, the influx of the drug methamphetamine, Methamphetamine Control Act of 1996 which includes Des Moines, arrests for drugs and its frequent side-effects of paranoia and with my colleague Senator FEINSTEIN. now surpass the number of arrests for drunk- This bipartisan bill takes aim at a rap- violent behavior. A problem for several years in California en driving. Methamphetamine accounts for idly growing problem in America—the and other Southwestern states, the drug is 65 percent of the drug arrests. abuse of methamphetamine, known on now making its way across America, ruining The drug is often manufactured in make- the street as meth or crank. lives and families along the way and raising shift laboratories in rural areas, where the I am from Iowa—a rural State which the concern of policy makers in Washington. stench given off during its production is most people do not associate with ‘‘Meth seems to have taken control of more likely to go undetected, and where law- enforcement agencies are more thinly rampant crime or drug use. But in Iowa these people,’’ said Steve Johnson, the pros- ecutor here in Jasper County, where the 24- spread. today, meth use has increased dramati- Drug agents found seven such laboratories cally. According to a report prepared bed jail is now overflowing, and 90 percent of the inmates have a problem with the drug. in Iowa last year. In the first six weeks of by the Governor’s alliance on sub- ‘‘It’s scary stuff. We’re pretty frustrated and this year, they found five more. One of them, stance abuse, seizures of methamphet- don’t know exactly what to do to get it in a house trailer near the small town of amine in Des Moines increased an as- under control.’’ Centerville, exploded and burned a man over tounding 4,000 percent from 1993 to 1994. The drug, also known as crank or ice, is a 40 percent of his body. The drug is also making its way into I repeat: meth seizures in Des Moines stimulant that is swallowed, snorted or in- jected. It is much cheaper than cocaine, and schools throughout Iowa, with some ghastly increased by 4,000 percent. The increase consequences. statewide was 400 percent. These num- its high lasts longer, the authorities say. Users may stay awake for several days at a One night about a year ago, 17-year-old bers are scary, Mr. President. Accord- stretch, feeling euphoric and full of energy Travis Swope of Waterloo sat down with his ing to the Iowa Department of Public before finally plunging into terrible depres- parents, Tim and Keely, and began to trem- Health, 7.3 percent of Iowans seeking sion and paranoia. ble. ‘‘I’m scared,’’ the boy told them. He said help from substance abuse treatment ‘‘This is the most malignant, addictive he could not eat or sleep, and that he had centers in 1995 cited meth as their pri- drug known to mankind,’’ said Dr. Michael been taking a drug called crank. Abrams of Broadlawn Medical Center in Des His parents, who had never heard of the mary addiction. That’s up over 5 per- drug, were shocked, but supportive. Mr. cent from 1994, when only 2.2 percent Moines, where more patients were admitted during the past year for abuse of meth- Swope, a maintenance worker at the John cited meth as their primary addiction. amphetamine than for alcoholism. ‘‘It is Deere Company, said his union insurance Why has meth become such a prob- often used by blue-collar workers, who feel would cover drug treatment. The next day, lem? I do not think anyone knows de- under pressure to perform at a fast pace for however, Travis said he would quit on his finitively, but experts have been able long periods. And at first, it works. It turns own. And his parents believed him. to identify some of the reasons. Meth is you into wonder person. You can do every- ‘‘I was in denial,’’ Mr. Swope said. ‘‘I cheap; a meth high lasts for a very, thing—for a while.’’ though it was something he’d get through.’’ Crack, wicked as it is, cannot compare to Travis, who was a first-rate athlete, very long time, so you get more for seemed better for a while. But then he lost your money; and perhaps most disturb- the destructive power of methamphetamine, Dr. Abrams said, He said the drug, because of weight and looked pale, all the while insist- ingly, meth does not have the stigma its molecular structure, is more stimulating ing that he was not using drugs. Then this associated with cocaine and crack. to the brain than any other drug. manner changed. Kids know that crack is dangerous. But The effects of cocaine, whether snorted or ‘‘He had never been disrespectful to us,’’ they have not yet learned that meth is. smoked, might be gone from the brain in 5 or his mother said. ‘‘But all of a sudden, he’d be In Waterloo, IA, though, people are 10 minutes, Dr. Abrams said, while meth- like, ‘I’ll be home when I decide to come beginning to learn this sad and painful amphetamine continues to work on receptors home!’ That wasn’t Travis. It was like he in the brain for 8 to 24 hours. was a different kid.’’ lesson. According to the New York The price of the drug here might be $100 a At the end of September, there was a blow- Times, a 17-year-old Iowan who had gram, about the same as that for powdered up with his father, and Travis was told to been a good boy, descended into meth cocaine, but would last a user for a week leave the house. addiction. His behavior changed for the while the cocaine would probably be used in On Oct. 6, Travis checked into a hospital, worse. Last October, this young man a day. feeling as if he had a terrible case of the flue. checked himself into the hospital be- Cocaine, which comes from the coca plant, In fact, the drug had broken down his im- cause he believed that he had the flu. is a natural substance. Methamphetamine is mune system and he had developed a form of meningitis. Ten days later, he was dead. He died only days later because meth purely synthetic. ‘‘The body has enzymes that break down cocaine,’’ he said, ‘‘but not ‘‘Learn about this drug, and sit down with had so destroyed his immune system with methamphetamine.’’ your sons and daughters,’’ said Mrs. Swope, that he developed a form of meningitis. Methamphetamine causes psychotic and her voice breaking with emotion as she I will never forget the words of this violent reactions, he said, because the drug talked with a reporter. ‘‘I learned way too

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1867 late, and I feel like I failed him. Travis was ator FEINSTEIN, we are striking at the budget impasse between the Congress a really good kid—not a perfect kid. He made root of the problem: chemical suppliers and the administration have made it some wrong decisions, and this drug sucked who sell chemicals to illegal meth labs. impossible for the administration to him away.’’ Mr. Swope said there were times he avoid- The harder it is for criminal chemists comply with the statutory deadline. ed discussions about drugs with his son, be- to get the raw material to make meth, I remain, however, very concerned cause he feared it would lead to a confronta- the more difficult it will be to produce. that further delay in issuing the regu- tion. ‘‘But I would give everything to have This in turn will make it more expen- lations will erode the power Congress him sitting here now,’’ he said, ‘‘being mad sive. And this will reduce consumption. placed with Indian tribes in the nego- at me.’’ And that will help keep our kids alive tiated rulemaking provisions of the While it seems puzzling why otherwise in- a little longer. 1994 act. A 60-day delay could poten- telligent people would risk ruining their With the rapid increase of meth use tially allow the Federal agencies more lives with this poison, drug counselors point among young people, unless we act time to undermine tribal provisions in out that stimulants have long held appeal in American culture. Going back more than a quickly—and decisively—to pass this the negotiated regulations that were generation, students, athletes and workers bill, I fear for an entire generation of published in proposed form in late Jan- have sought endurance by taking ‘‘uppers’’ Americans. Mr. President, in the 1980’s, uary. or ‘‘speed’’ in tablets called Black Cadillacs we almost lost a generation to crack My concern is based on history. On or White Crosses. and power cocaine. Let’s not get that three occasions, the Congress has had The old country song by Dave Dudley, ‘‘Six close to the edge again. to enact precise statutory directives— Days on the Road,’’ spoke in the voice of a in 1988, 1990, and in 1994—to overcome long-haul trucker in a big hurry: ‘‘I’m taking By Mr. MCCAIN (for himself and the two Departments’ entrenched re- little white pills, and my eyes are open Mr. INOUYE): wide.’’ sistance to the requirements in the Methamphetamine made inroads among S. 1608. A bill to extend the applica- original act. When, for example, in 1988 many blue-collar people because it did not bility of certain regulatory authority the two Secretaries were given a statu- carry the stigma of being a hard drug, the under the Indian Self-Determination tory 10-month timeframe to promul- authorities said. and Education Assistance Act, and for gate regulations with tribal participa- ‘‘Crack has the stigma of being an inner- other purposes; to the Committee on tion, they cut off all tribal input and city drug, and powder cocaine is thought to Indian Affairs. began a delaying process that extended be for affluent people,’’ said Mike Balmer, EXTENSION OF THE INDIAN SELF- the chief deputy sheriff in Jasper County. to 6 years. After 6 years—not 10 DETERMINATION CONTRACT REFORM ACT OF 1994 ‘‘But speed was a working-class drug. It’s months—the Clinton administration what people used to get them through a shift Mr. MCCAIN. Mr. President, I rise released proposed regulations in 1994 at the factory or keep up on a construction today to introduce a measure that that sought in every conceivable way site.’’ would extend for 60 days the authority to retard, rather than enhance, tribal Indeed, the use of methamphetamine goes Congress delegated in 1994 to the Sec- self-determination contracting. The back many years, perhaps to the 20’ or 30’s. retary of the Interior and the Sec- Congress responded by promptly enact- But today’s form is farm more powerful, and retary of Health and Human Services ing the Indian Self-Determination Con- deadly. to promulgate regulations imple- Years ago, the authorities said, a typical tract Reform Act of 1994. That act street does of methamphetamine consisted of menting the Indian Self-Determination mandated, for the first time in the his- perhaps 20 percent of ephedrine, the ingre- Contract Reform Act of 1994. tory of Federal-Indian legislation, that dient that delivers the kick. New methods Under longstanding Federal-Indian tribal governments be directly in- that emerged in the late 1980’s and early 90’s policies favoring tribal self-determina- volved in the process of drafting the often using a synthetic psuedoephedrine, tion, the United States has encouraged proposed regulations through a nego- have yielded a much more potent substance. native American tribal governments tiated rulemaking format rather than Now the drug contains over 90 percent of the and tribal organizations to assume the the traditional process of being ‘‘con- active ingredient. responsibility of carrying out essential Even before the big influx of methamphet- sulted’’ on drafts prepared by Federal amine, the use of stimulants was a problem governmental services previously per- officials. in Iowa. A public health survey in 1993 found formed by Federal employees of the In the 1994 act, the Congress accepted that the use of stimulants like amphet- Bureau of Indian Affairs [BIA] and the the administration’s request that the amines among Iowans was twice the national Indian Health Service [IHS]. Indian 12-month regulatory period, originally average, a finding that caused some scholars tribes have been waiting since 1988 for proposed by the Senate, be enlarged to to wonder if an intense Midwestern work regulations that would guide the im- 18 months. That 18-month period ends ethic was mainly to blame. plementation of the act. The bill I am on April 25, 1996. The Clinton adminis- The latest statistics show that more than introducing today would elongate that 35 percent of the people going to Iowa pris- tration assured the Congress that this ons last year reported using methamphet- delay by an additional 60 days, extend- would be ample time to get the job amine. And 90 percent of the people being ing the authority to issue final regula- done. committed to the mental health facilities in tions from April 25, 1996 to June 25, I am told that the proposed regula- Polk County have used methamphetamine. 1996. tions prepared by the joint Federal- In some cases, the psychotic behavior pro- Despite my initial hesitancy to spon- Tribal negotiated rulemaking com- voked by the drug becomes permanent. The sor such an extension, tribal govern- mittee were largely completed and drug also causes body sores, which are wors- ments have now convinced me of the ready for publication in October 1995. ened by the incessant scratching by users need for this 60-day extension. The who feel like bugs are crawling over their However, the draft regulations lan- bodies. United South and Eastern Tribes, the guished in the Office of Management To fight the drug, Iowa has begun a radio National Congress of American Indi- and Budget, or OMB, for over 3 months and television advertising campaign to warn ans, and numerous tribal governments before they were finally released for people of the dangers. A new prosecutor has have asked me to support the exten- publication in the Federal Register on been added to the United States Attorney’s sion. I respect their judgment and ask January 24, 1996. Soon after publica- office in Des Moines, just to concentrate on that the Congress honor their request. tion, the administration began to drugs. At least five counties in Iowa have In addition, several days ago the Sen- mount pressure for an extension. hired extra prosecutors to deal with the ris- ing tide of methamphetamine cases. ate referred executive communication Mr. President, I am very concerned ‘‘They haven’t seen much of this in the No. 1959 to the Committee on Indian about reports that OMB officials re- East Coast,’’ said Tom Murtha, the director Affairs, which I chair. EC 1959 forwards cently raised dozens of questions and of the First Step-Mercy Franklin Center, an the request of the Department of issues after the joint Federal-Tribal alcohol and drug treatment center. ‘‘But it’s Health and Human Services and the negotiated rulemaking committee had coming.’’ Department of the Interior that Con- finalized the proposed regulations. This Mr. GRASSLEY. Mr. President, what gress enact the bill I am introducing is particularly disturbing, because I America is facing today is nothing today. The Departments argue that a and other authors of the 1994 act ex- short of an epidemic. Meth is cheap and 60-day extension is needed because win- pected the entire administration, in- easily manufactured from commonly ter weather conditions and recent Fed- cluding the OMB, to raise its concerns available chemicals. Today, with Sen- eral employee furloughs related to the and questions during the negotiated

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1868 CONGRESSIONAL RECORD — SENATE March 12, 1996 rulemaking committee’s deliberations persuaded by the Indian tribes to set a have suffered from the abuse of the with the Indian tribes, not afterward. hard and fast publication deadline of drug. What is most troubling to me, is that April 25, 1996 in response to the delays Today, we are tracking the arrival of tribal representatives on the joint Fed- tribes had experienced in getting final two new drugs—rohypnol and what is eral-Tribal negotiated rulemaking regulations under the 1988 amend- called ‘‘special K’’—as they begin to committee have informed me that ments. Likewise, at the request of the show popularity in several States. So, many of these OMB questions reflected Indian tribes, Congress mandated that today is the time for action against a basic lack of understanding of the act the proposed regulations be developed these drugs. and the special statutory and historic by a joint, tribal-Federal negotiated Heightening this urgency is one context in which these regulations rulemaking committee. Assuming sub- stark fact—these new drugs are being have been developed. It appears that stantial tribal involvement in that used primarily by our children—our the administration’s negotiators did committee, and good faith on the part teens and young adults. One need not not release these OMB questions to the of the administration, it would be rea- be unduly alarmist, but we must pro- tribal representatives until late last sonable to expect that these time- ceed with dispatch to do what we can month. The questions are of the type frames could be met. But apparently, to stop the spread of rohypnol and spe- that could easily have been addressed 60 more days is needed. Accordingly, I cial K. during the Federal-Tribal negotiated will support the extension with the That is why I am today introducing rulemaking process. I am disturbed warning to the administration that I legislation to make both these drugs that the OMB has apparently elected do not want to learn at some later date subject to much stricter regulation. not to participate directly in the nego- that the expanded timeframe has al- This can be accomplished by moving tiations, where the OMB officials could lowed the administration additional these drugs to different schedules have openly aired their concerns and advantage over tribal governments in under the Federal Controlled Sub- afforded tribal government representa- the negotiation of the final regula- stances Act. tives an opportunity to respond. tions. This is not a step to be taken lightly, The apparent risk associated with ex- Despite my reservations, I remain because there is a regulatory procedure tending the deadline for final promul- hopeful that the ongoing negotiated in place for scheduling controlled sub- gation of the regulations is that the rulemaking process can be successfully stances. But, unfortunately, this regu- OMB, and their allies within the De- concluded within the extended time- latory procedure can take years to ac- partments, will have more time to uni- frame. But the Departments and the complish our goal, and what we need to laterally undo much of what the joint OMB must commit themselves to this do must be done in months, not years. Federal-Tribal negotiated rulemaking process, just as the Indian tribes have In the past decade, Congress has committee has achieved to date as a re- done, and they must resist the tempta- taken legislative action to change sult of government-to-government ne- tion to slide back into the paternal- schedules in at least two other in- gotiations, and more time to resolve, istic, adversarial, and bureaucratic stances. against the Indian tribes, the remain- thinking that has compelled the Con- In 1984, in response to an alarming ing areas in dispute set forth in the gress since 1988 to micromanage the increase in illicit trafficking and non- January 24, 1996, notice of proposed Departments in the area of tribal self- medical abuse of the drug, Congress en- rulemaking. determination contracting. acted legislation to move quaaludes, a I am deeply concerned that the De- I thank my friend, Senator INOUYE, previously medically approved seda- partments’ resistance to the act has for joining with me as an original co- tive, to schedule one of the Controlled undercut the negotiated rulemaking sponsor of the bill. I urge my col- Substances Act. process, as evidenced by the nature of leagues to support the 60-day extension In the decade since this legislation the issues remaining in dispute. For in- and to join me in ensuring that the ad- took effect, quaalude abuse has de- stance, neither Department wants to ministration does not, by reason of the creased significantly, with emergency use the negotiated rulemaking process 60-day delay, gain any negotiation ad- room quaalude overdose reports down to develop their agency procedures, de- vantage over the Indian tribes. 80 percent from 1985 to 1994. spite the law’s directive that they do Mr. President, I ask unanimous con- And in legislation I sponsored, which so. The Interior Department insists on sent that the text of the bill be printed was passed as part of the 1990 Crime incomprehensible organizational con- in the RECORD. Control Act, steroids were reclassified flict-of-interest provisions which can There being no objection, the bill was as a schedule three substance, sub- only serve to undermine the goal of ordered to be printed in the RECORD, as jecting them to more strict controls tribal self-determination. The Interior follows: and penalties. Department insists that a standard S. 1608 This change was also in response to contract renewal with no material Be it enacted by the Senate and House of Rep- an explosion of abuse—particularly by change must be processed through the resentatives of the United States of America in young athletes. The effects of this leg- full contract application and declina- Congress assembled, islation has also been significant, with tion process even though that is plain- SECTION 1. EXTENSION OF APPLICABILITY OF the rate of annual use of steroids down ly not what Congress intended—as the CERTAIN REGULATORY AUTHORITY. 42 percent in the first 2 years following IHS, to its credit, does recognize. The Section 107(a)(2)(B) of the Indian Self-De- the enactment of the legislation. termination and Education Assistance Act Departments both seek to preserve the (25 U.S.C. 450k(a)(2)(B)) is amended by strik- It is now time to legislate stricter right to impose on tribes unpublished ing ‘‘18 months’’ and inserting ‘‘20 months’’. controls for rohypnol and special K. requirements, despite the clear statu- The record high drug abuse rates of the tory prohibitions against doing so. And By Mr. BIDEN: 1970’s were accompanied by a unique perhaps most distressingly, the Depart- S. 1609. A bill to provide for the re- drug culture signified by the presence ments have resisted placing any lan- scheduling of flunitrazepan into sched- of ‘‘club’’ drugs—drugs that were pop- guage in the new regulations that ule I of the Controlled Substances Act, ular with youth and young adults who would state that Federal laws and reg- and for other purposes; to the Com- frequented dance clubs and often mixed ulations will be interpreted liberally mittee on the Judiciary. drugs with alcohol and other sub- for the benefit of the Indian tribes in CONTROLLED SUBSTANCES ACT LEGISLATION stances. order to facilitate contracting activi- ∑ Mr. BIDEN. Mr. President, the best Recently, club drugs have made a re- ties under the act. This is the position time to target a new drug with uncom- surgence in popularity, and they are of the Departments despite the fact promising enforcement pressure is be- often showing up at both bars and that this language is a well-settled fore abuse of that drug has over- ‘‘raves,’’ all-night dance marathons U.S. Supreme Court rule of statutory whelmed our communities. popular with teens. construction that applies to all reme- The advantages of doing so are Club drugs are typified by the way dial Indian legislation. clear—there are fewer pushers traf- they suddenly gain popularity and be- To sum it up, Mr. President, I and ficking in the drug and, most impor- come the drug of choice, becoming other Members of Congress in 1994 were tant, fewer lives and fewer families will trendy among youth. Often these drugs

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1869 are legally manufactured but are being There have also been a number of re- step in the right direction. But this used by youth in ways unintended by ports of teens and young adults who ban on all rohypnol is only the first the manufacturer and unapproved by have entered drug abuse treatment fa- step. the Food and Drug Administration. cilities in Florida, reporting rohypnol Further action is needed to make Rohypnol and special K are two of abuse and suicidal feelings they experi- sure cracking down on the illegal traf- the drugs which have recently hit the enced while using rohypnol. ficking of rohypnol is a high priority youth scene and quickly become pop- The most famous example of and that illegal traffickers of rohypnol ular. Both of these drugs are very dan- rohypnol overdose made the news with are given tough sanctions. gerous drugs whose current legal sta- the attempted suicide of Kurt Cobain, That is why I am introducing legisla- tus does not reflect the dangers inher- lead singer of the rock band Nirvana. tion to increase the restrictions on ent in their abuse. Cobain ultimately succeeded in com- both special K and rohypnol. By mov- Rohypnol abuse was first documented mitting suicide on March 18, 1994, but ing rohypnol to schedule one of the in the United States in 1993. Although the rock singer had attempted suicide Federal Controlled Substances Act and abuse was first noted in southern Flor- earlier in the month when he fell into adding special K to schedule two of the ida, in the past 2 years abuse has a coma following a near fatal mixture act, this legislation will subject both spread rapidly, and rohypnol activity of champagne and rohypnol. Cobain re- drugs to tighter controls, increased has now been reported in more than 30 mained comatose for nearly 2 days be- penalties for unlawful activity involv- States. fore regaining consciousness after this ing the two drugs, and will increase the Without rapid and strong Govern- drug experience. attention and enforcement efforts di- ment action, abuse will continue to Special K is also hitting the club rected at the drugs by Federal, State, spread to uncontrollable levels. scene at alarming rates. This drug is a and local law and drug enforcement of- Teenagers find rohypnol attractive hallucinogen very similar to PCP. Spe- ficials. for a number of reasons. Frighteningly, cial K, or ketamine hydrochloride, has In essence, these tighter regulations one major reason is that youth do not become popular as a new designer drug. will mean that rohypnol will be sub- see rohypnol as dangerous because it Although this drug has been in exist- jected to the same restrictions and has a legitimate medical use in some ence for several years, its abuse has penalties as heroin, and special K will areas of the world, and they mistak- rapidly become more prevalent in re- face the same controls as cocaine. enly believe that if they are taking a cent years. I hope my colleagues will join me in drug which is in its original packaging Now many parties and raves at dance seeing to speedy passage of this legisla- from the manufacturer, it is both safe clubs are called bump parties, as a way tion—taking action to make these and unadulterated. of conveying special K is available. It drugs less available to our youth now. In addition, there are few existing is particularly attractive to kids at I ask unanimous consent that a copy means for testing and prosecuting these types of events because along of the bill appear in the RECORD. youth for rohypnol possession and in- with its mind-altering effects, the drug There being no objection, the bill was toxication. The combination of gives a burst of energy, and it can be ordered to be printed in the RECORD, as rohypnol and alcohol makes it possible mixed with water so kids can take it in follows: for youth to feel very intoxicated while public without attracting attention. S. 1609 still remaining under the legal blood- In fact, a club in New Jersey was re- Be it enacted by the Senate and House of Rep- alcohol level for driving. cently closed by police after it was dis- resentatives of the United States of America in In addition to gaining attention for covered that teens were attending Congress assembled, increasing rate of abuse, rohypnol has raves there where club employees dis- SECTION 1. RESCHEDULING. also been the focus of another social tributed bottled water for this purpose. Notwithstanding sections 201 and 202 (a) problem: crime, particularly date rape. In addition to seizures in New Jersey, and (b) of the Controlled Substances Act (21 In fact, in many areas and in a number recent newspaper articles have men- U.S.C. 811, 812 (a),(b)) respecting the sched- of newspaper accounts, rohypnol has tioned seizures in Maryland, New York, uling of controlled substances, the Attorney been referred to as a ‘‘date rape drug.’’ Pennsylvania, Arizona, California, and General shall, by order— This connection between rohypnol Florida. Drug tracking experts have (1) transfer flunitrazepam from schedule IV and rape is due to the drug’s also cited the presence of special K in of such Act to schedule I of such Act; and (2) add ketamine hydrochloride to schedule disinhibitory effects and its likelihood Georgia and the District of Columbia, II of such Act.∑ of causing amnesia when combined and in my home State of Delaware. with alcohol. Special K is considered the successor f Unfortunately, this amnesiac effect to PCP—or angel dust, as it is known ADDITIONAL COSPONSORS is one of the reasons many people who on the street—due to similarity of the abuse rohypnol are attracted to it. It is two drugs’ chemical compositions and S. 942 commonly reported that people taking mind-altering effects. There have also At the request of Mr. BOND, the name rohypnol in combination with alcohol been reports of PCP being sold to peo- of the Senator from Massachusetts typically have blackouts, or memory ple who think they are buying special [Mr. KERRY] was added as a cosponsor losses lasting 8 to 24 hours. K. of S. 942, a bill to promote increased The novelty of blackouts attract Ketamine is primarily a veterinary understanding of Federal regulations youth, particularly youth who are anesthetic. Although it has some lim- and increased voluntary compliance combining drugs with alcohol. ited use for human medical treatment, with such regulations by small enti- This has led to rohypnol being re- its use in this manner is not extensive ties, to provide for the designation of ferred to as the ‘‘forget me pill’’ or the due to the unpleasant and often dan- regional ombudsmen and oversight ‘‘forget pill.’’ Even more frightening, gerous side effects that can accompany boards to monitor the enforcement many people are finding the drug at- its use. practices of certain Federal agencies tractive as a way of creating blackouts It is clear that the current controls with respect to small business con- in others. on rohypnol and ketamine do not re- cerns, to provide relief from excessive The combination of disinhibition and flect the dangers these drugs now pose and arbitrary regulatory enforcement memory loss caused by rohypnol mixed to our society, particularly to women actions against small entities, and for with alcohol makes women especially and children. In the United States other purposes. vulnerable to being victims of date rohypnol is classified under the Federal S. 960 rape by people who convince women to Controlled Substances Act as only a At the request of Mr. SANTORUM, the take rohypnol while drinking or put schedule four drug, and ketamine is name of the Senator from Virginia [Mr. the drug in a woman’s drink without not scheduled at all. WARNER] was added as a cosponsor of S. her knowledge. Last week, the Treasury Department 960, a bill to amend title 18, United Recently, in Florida and Texas, there announced that custom officials would States Code, to exempt qualified cur- have been a number of investigations begin seizing all rohypnol which is rent and former law enforcement offi- into these types of victimizations. brought across U.S. borders. This is a cers from State laws prohibiting the

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1870 CONGRESSIONAL RECORD — SENATE March 12, 1996 carrying of concealed handguns, and from Oklahoma [Mr. INHOFE] were Representatives and the President pro tem- for other purposes. added as cosponsors of S. 1578, a bill to pore of the Senate may jointly designate. S. 984 amend the Individuals With Disabil- SEC. 2 CONDITIONS. The event to be carried out under this res- At the request of Mr. GRASSLEY, the ities Education Act to authorize appro- olution shall be free of admission charge to name of the Senator from Tennessee priations for fiscal years 1997 through 2002, and for other purposes. the public and arranged not to interfere with [Mr. FRIST] was added as a cosponsor of the needs of Congress, under conditions to be S. 984, a bill to protect the funda- SENATE CONCURRENT RESOLUTION 43 prescribed by the Architect of the Capitol mental right of a parent to direct the At the request of Mr. THOMAS, the and the Capitol Police Board. The Speciality upbringing of a child, and for other names of the Senator from New York Equipment Market Association shall assume purposes. [Mr. D’AMATO] and the Senator from full responsibility for all expenses and liabil- ities incident to all activities associated S. 1183 Kentucky [Mr. FORD] were added as co- with the event. At the request of Mr. HATFIELD, the sponsors of Senate Concurrent Resolu- tion 43, a concurrent resolution ex- SEC. 3. STRUCTURE AND EQUIPMENT. name of the Senator from Illinois [Ms. For the purposes of this resolution, the MOSELEY-BRAUN] was added as a co- pressing the sense of the Congress re- Speciality Equipment Market Association is sponsor of S. 1183, a bill to amend the garding proposed missile tests by the authorized to erect upon the Capitol Act of March 3, 1931 (known as the People’s Republic of China. Grounds, subject to the approval of the Ar- Davis-Bacon Act), to revise the stand- SENATE RESOLUTION 226 chitect of the Capitol, such stage, sound am- ards for coverage under the Act, and At the request of Mr. DOMENICI, the plification devices, tents, and other related for other purposes. name of the Senator from California structures and equipment as may be nec- essary for the event to be carried out under S. 1423 [Mrs. FEINSTEIN] was added as a co- this resolution. sponsor of Senate Resolution 226, a res- At the request of Mr. GREGG, the SEC. 4. ADDITIONAL ARRANGEMENTS. name of the Senator from Florida [Mr. olution to proclaim the week of Octo- The Architect of the Capitol and the Cap- MACK] was added as a cosponsor of S. ber 13 through October 19, 1996, as ‘‘Na- itol Police Board are authorized to make any 1423, a bill to amend the Occupational tional Character Counts Week.’’ additional arrangement that may be re- Safety and Health Act of 1970 to make AMENDMENT NO. 3467 quired to carry out the event under this res- modifications to certain provisions, At the request of Mr. BRYAN, his olution. and for other purposes. name was added as a cosponsor of SEC. 5. LIMITATIONS ON REPRESENTATIONS. S. 1483 amendment No. 3467 proposed to H.R. The Speciality Equipment Market Associa- 3019, a bill making appropriations for tion (including its members) shall not At the request of Mr. KYL, the names present, either directly or indirectly, that of the Senator from Indiana [Mr. fiscal year 1996 to make a further this resolution or any activity carried out COATS] and the Senator from Utah [Mr. downpayment toward a balanced budg- under this resolution in any way constitutes HATCH] were added as cosponsors of S. et, and for other purposes. approval or endorsement by the Federal Gov- 1483, a bill to control crime, and for f ernment of the Speciality Equipment Mar- other purposes. ket Association (or its members) or any SENATE CONCURRENT RESOLU- product or service offered by the Speciality S. 1487 TION 44—RELATIVE TO CAPITOL Equipment Market Association (or its mem- At the request of Mr. GRAMM, the GROUNDS bers). names of the Senator from North Caro- Mr. CAMPBELL submitted the fol- f lina [Mr. FAIRCLOTH], the Senator from lowing concurrent resolution which South Carolina [Mr. HOLLINGS], the SENATE CONCURRENT RESOLU- Senator from New Hampshire [Mr. was referred to the Committee on TION 45—RELATIVE TO THE CAP- Rules and Administration: SMITH], and the Senator from Maryland ITOL ROTUNDA [Ms. MIKULSKI] were added as cospon- S. CON. RES. 44 Mr. DOLE (for himself and Mr. sors of S. 1487, a bill to establish a dem- Whereas the United States public has dem- HELMS) submitted the following con- onstration project to provide that the onstrated a continuing love affair with current resolution; which was consid- Department of Defense may receive motor vehicles since their introduction 100 years ago, enjoying vehicles for transpor- ered and agreed to: Medicare reimbursement for health tation, for enthusiast endeavors ranging S. CON. RES. 45 care services provided to certain Medi- from racing to show competitions, and as a Resolved by the Senate (the House of Rep- care-eligible covered military bene- mode of individual expression; resentatives concurring), That the rotunda of ficiaries. Whereas research and development in con- the United States Capitol is hereby author- S. 1506 nection with motorsports competition and ized to be used on May 2, 1996 at 2 o’clock specialty applications have provided con- At the request of Mr. ABRAHAM, the post meridian for the presentation of the sumers with life-saving safety features, in- name of the Senator from Tennessee Congressional Gold Medal to Reverend and cluding seat belts, air bags, and many other Mrs. Billy Graham. Physical preparations for [Mr. FRIST] was added as a cosponsor of important innovations; the conduct of the ceremony shall be carried S. 1506, a bill to provide for a reduction Whereas hundreds of thousands of amateur out in accordance with such conditions as in regulatory costs by maintaining and professional participants enjoy motor- may be prescribed by the Architect of the Federal average fuel economy stand- sports competitions each year throughout Capitol. ards applicable to automobiles in effect the United States; f at current levels until changed by law, Whereas such competitions have a total and for other purposes. annual attendance in excess of 14,500,000 AMENDMENTS SUBMITTED spectators, making the competitions among S. 1537 the most widely attended in United States At the request of Mr. ROBB, the name sports; and THE 1996 BALANCED BUDGET of the Senator from Mississippi [Mr. Whereas sales of motor vehicle parts and DOWNPAYMENT ACT, II COCHRAN] was added as a cosponsor of accessories for performance and appearance S. 1537, a bill to require the Adminis- enhancement, restoration, and modification trator of the Environmental Protection exceeded $15,000,000,000 in 1995, resulting in MURKOWSKI (AND STEVENS) Agency to issue a regulation that con- 500,000 jobs for United States citizens: Now, AMENDMENT NO. 3472 therefore, be it solidates all environmental laws and Resolved by the Senate (the House of Rep- (Ordered to lie on the table.) health and safety laws applicable to resentatives concurring), Mr. MURKOWSKI (for himself and the construction, maintenance, and op- SECTION 1. USE OF CAPITOL GROUNDS FOR SPE- Mr. STEVENS) submitted an amendment eration of above-ground storage tanks, CIALTY MOTOR VEHICLE AND intended to be proposed by them to and for other purposes. EQUIPMENT EVENT. amendment No. 3466 proposed by Mr. The Speciality Equipment Market Associa- S. 1578 HATFIELD to the bill (H.R. 3019) making tion shall be permitted to sponsor a public At the request of Mr. FRIST, the event displaying racing, restored and cus- appropriations for fiscal year 1996 to names of the Senator from Kentucky tomized motor vehicles, and transporters on make a further downpayment toward a [Mr. MCCONNELL], the Senator from the Capitol Grounds on May 15, 1996, or such balanced budget, and for other pur- Ohio [Mr. DEWINE], and the Senator other date as the Speaker of the House of poses; as follows:

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1871 At the appropriate place, insert the fol- which shall become available for obligation unless the context otherwise requires, in- lowing: on October 1, 1996 and shall remain available cludes the private corporation and any suc- SEC. . None of the funds appropriated or through September 30, 1997, shall be for sec- cessor thereto following privatization. otherwise made available for activities of tions 3136 and 3141 of the Elementary and (3) The term ‘‘gaseous diffusion plants’’ the Department of Agriculture Agricultural Secondary Education Act. means the Paducah Gaseous Diffusion Plant Marketing Service may be expended until PART 2—ADDITIONAL AMOUNTS at Paducah, Kentucky and the Portsmouth such time as food safety and inspection pro- Gaseous Diffusion Plant at Piketon, Ohio. In addition to the amounts provided in grams implemented or accepted by the Food (4) The term ‘‘highly enriched uranium’’ Title I of this Act for the Department of and Drug Administration for the safety of means uranium enriched to 20 percent or Labor: American and overseas consumers are adopt- more of the uranium-235 isotope. Under the heading ‘‘Departmental Manage- ed as the standard required for the purposes (5) The term ‘‘low-enriched uranium’’ ment, Salaries and Expenses’’, $12,000,000, of of Department of Agriculture surplus seafood means uranium enriched to less than 20 per- which $10,000,000 shall be only for terminal commodity purchase programs. cent of the uranium-235 isotope, including leave, severance pay, and other costs di- that which is derived from highly enriched rectly related to the reduction of the number uranium. of employees in the Department. SPECTER (AND OTHERS) (6) The term ‘‘low-level radioactive waste’’ In addition to the amounts provided for in AMENDMENT NO. 3473 has the meaning given such term in section Title I of this Act for the Department of 2(9) of the Low-Level Radioactive Waste Pol- Mr. SPECTER (for himself, Mr. HAR- Health and Human Services: icy Act (42 U.S.C. 2021b(9)). KIN, and Mr. WELLSTONE) proposed an Under the heading ‘‘Health Resources and (7) The term ‘‘private corporation’’ means amendment to amendment No. 3467 Services’’, $55,256,000: Provided, That the corporation established under section 5. $52,000,000 of such funds shall be used only for proposed by Mr. HARKIN to amendment (8) The term ‘‘privatization’’ means the State AIDS Drug Assistance Programs au- No. 3466 proposed by Mr. HATFIELD to transfer of ownership of the Corporation to thorized by section 2616 of the Public Health the bill H.R. 3019, supra; as follows: private investors. Service Act and shall be distributed to In lieu of the language proposed to be in- (9) The term ‘‘privatization date’’ means States as authorized by section 2618(b)(2) of serted, insert the following: the date on which 100 percent of the owner- such Act; and ship of the Corporation has been transferred PART 1—AMOUNTS Under the heading ‘‘Substance Abuse and to private investors. In addition to the amounts provided in Mental Health Services’’, $134,107,000. Title I of this Act for the Department of (10) The term ‘‘public offering’’ means an PART 3—GENERAL PROVISIONS Labor: underwritten offering to the public of the Under the heading ‘‘Training and Employ- SEC. 401. AVAILABILITY. common stock of the private corporation ment Services’’, $1,213,300,000, of which Notwithstanding any other provision of pursuant to section 4. $487,300,000 is available for obligation for the this Act, section 4002 shall not apply to part (11) The ‘‘Russian HEU Agreement’’ means period July 1, 1996 through June 30, 1997, and 1 of chapter 3 of title IV. the Agreement Between the Government of of which $91,000,000 is available from July 1, SEC. 402. OFFSETS. the United States of America and the Gov- 1996, through September 30, 1997, for carrying Notwithstanding any other provision of ernment of the Russian Federation Con- out activities of the School-to-Work Oppor- this Act, the amounts on page 539, lines 18 cerning the Disposition of Highly Enriched tunities Act, and of which $635,000,000 is for and 19, and page 540, line 10, shall each be re- Uranium Extracted from Nuclear Weapons, carrying out title II, part B of the Job Train- duced by $200,000,000. dated February 18, 1993. ing Partnership Act; On page 546, increase the rescission (12) The term ‘‘Secretary’’ means the Sec- Under the heading ‘‘State Unemployment amount on line 21 by $10,000,000. retary of Energy. Insurance and Employment Service Oper- Notwithstanding any other provision of (13) The ‘‘Suspension Agreement’’ means ations’’, $18,000,000, which shall be available this Act, the amounts on page 583, lines 4 and the Agreement to Suspend the Antidumping for obligation for the period July 1, 1996 14, shall each be reduced by $159,000,000. Investigation on Uranium from the Russian Federation, as amended. through June 30, 1997; ADMINISTRATION FOR CHILDREN AND FAMILIES In addition to the amounts provided for in (14) The term ‘‘uranium enrichment’’ Job Opportunities and Basic Skills Title I of this Act for the Department of means the separation of uranium of a given Health and Human Services: (Rescission) isotopic content into 2 components, 1 having Under the heading ‘‘Children and Families Of the funds made available under this a higher percentage of a fissile isotope and 1 Services Programs’’, $136,700,000. heading elsewhere in this Act, there is re- have a lower percentage. In addition to the amounts provided for in scinded an amount equal to the total of the SEC. 3. SALE OF THE CORPORATION. Title I of this Act for the Department of funds within each State’s limitation for fis- (a) AUTHORIZATION.—The Board of Direc- Education: cal year 1996 that are not necessary to pay tors of the Corporation, with the approval of Under the heading ‘‘Education Reform’’, such State’s allowable claims for such fiscal the Secretary of the Treasury, shall transfer $151,000,000, which shall become available on year. the interest of the United States in the October 1, 1996 and shall remain available Section 403(k)(3)(F) of the Social Security United States Enrichment Corporation to through September 30, 1997: Provided, That Act (as amended by Public Law 100–485) is the private sector in a manner that provides $60,000,000 shall be for the Goals 2000: Edu- amended by adding: ‘‘reduced by an amount for the long-term viability of the Corpora- cate Act and $91,000,000 shall be for the equal to the total of those funds that are tion, provides for the continuation by the School-to-Work Opportunities Act. within each State’s limitation for fiscal year Corporation of the operation of the Depart- Under the heading ‘‘Education for the Dis- 1996 that are not necessary to pay such ment of Energy’s gaseous diffusion plants, advantaged’’, $814,489,000, which shall become State’s allowable claims for such fiscal year provides for the protection of the public in- available for obligation on October 1, 1996 (except that such amount for such year shall terest in maintaining a reliable and eco- and shall remain available through Sep- be deemed to be $1,000,000,000 for the purpose nomical domestic source of uranium mining, tember 30, 1997: Provided, That $700,228,000 of determining the amount of the payment enrichment and conversion services, and, to shall be available for basic grants and under subsection (1) to which each State is the extent not inconsistent with such pur- $114,261,000 shall be for concentration grants. entitled),’’. poses, secures the maximum proceeds to the Under the heading ‘‘School Improvement FEDERAL AVIATION ADMINISTRATION United States. (b) PROCEEDS.—Proceeds from the sale of Programs’’, $208,000,000, which shall become Grants-In-Aid For Airports available for obligation on October 1, 1996 the United States’ interest in the Corpora- and shall remain available through Sep- (Airport and Airway Trust Fund) tion shall be deposited in the general fund of tember 30, 1997. (Rescission of Contract Authorization) the Treasury. Under the heading ‘‘Vocational and Adult Of the available contract authority bal- SEC. 4. METHOD OF SALE. Education’’, $82,750,000, which shall become ances under this account, $616,000,000 are re- (a) AUTHORIZATION.—The Board of Direc- available for obligation on October 1, 1996 scinded. tors of the Corporation, with the approval of and shall remain available through Sep- PART 4—UNITED STATES ENRICHMENT the Secretary of the Treasury, shall transfer tember 30, 1997. CORPORATION PRIVATIZATION ownership of the assets and obligations of Under the heading ‘‘Student Financial As- the Corporation to the private corporation sistance’’, the maximum Pell Grant for SEC. 1. SHORT TITLE. established under section 5 (which may be which a student shall be eligible during This Act may be cited as the ‘‘USEC Pri- consummated through a merger or consoli- award year 1996–1997 shall be increased by vatization Act’’. dation effected in accordance with, and hav- $60.00: Provided, That funding for Title IV, SEC. 2. DEFINITIONS. ing the effects provided under, the law of the part E shall be increased by $58,000,000 and For purposes of this Act: State of incorporation of the private cor- funding for Title IV, Part A, subpart 4 shall (1) The term ‘‘AVLIS’’ means atomic vapor poration, as if the Corporation were incor- be increased by $32,000,000. laser isotope separation technology. porated thereunder). Under the heading ‘‘Education Research, (2) The term ‘‘Corporation’’ means the (b) BOARD DETERMINATION.—The Board, Statistics, and Improvement’’, $10,000,000 United States Enrichment Corporation and, with the approval of the Secretary of the

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1872 CONGRESSIONAL RECORD — SENATE March 12, 1996 Treasury, shall select the method of transfer SEC. 6. TRANSFERS TO THE PRIVATE CORPORA- (2) entered into by the Corporation before and establish terms and conditions for the TION. the privatization date. transfer that will provide the maximum pro- Concurrent with privatization, the Cor- (b) NONTRANSFERABLE POWER CONTRACTS.— ceeds to the Treasury of the United States poration shall transfer to the private cor- The Corporation shall transfer to the private and will provide for the long-term viability poration— corporation the right to purchase power of the private corporation, the continued op- (1) the lease of the gaseous diffusion plants from the Secretary under the power purchase eration of the gaseous diffusion plants, and in accordance with section 7. contracts for the gaseous diffusion plants ex- the public interest in maintaining reliable (2) all personal property and inventories of ecuted by the Secretary before July 1, 1993. and economical domestic uranium mining the Corporation, The Secretary shall continue to receive and enrichment industries. (3) all contracts, agreements, and leases power for the gaseous diffusion plants under (c) ADEQUATE PROCEEDS.—The Secretary of under section 8(a), such contracts and shall continue to resell (4) the Corporation’s right to purchase the Treasury shall now allow the privatiza- such power to the private corporation at cost power from the Secretary under section 8(b). tion of the Corporation unless before the sale during the term of such contracts. (5) such funds in accounts of the Corpora- date the Secretary of the Treasury deter- (c) EFFECT OF TRANSFER.—(1) Notwith- tion held by the Treasury or on deposit with mines that the method of transfer will pro- standing subsection (a), the United States any bank or other financial institution as vide the maximum proceeds to the Treasury shall remain obligated to the parties to the approved by the Secretary of the Treasury, consistent with the principles set forth in contracts, agreements, and leases trans- section 3(a). and (6) all of the Corporation’s records, includ- ferred under subsection (a) for the perform- (d) APPLICATION OF SECURITIES LAWS.—Any ance of its obligations under such contracts, offering or sale of securities by the private ing all of the papers and other documentary materials, regardless of physical form or agreements, or leases during their terms. corporation shall be subject to the Securities Performance of such obligations by the pri- Act of 1933 (15 U.S.C. 77a et seq.), the Securi- characteristics, made or received by the Cor- vate corporation shall be considered per- ties Exchange Act of 1934 (15 U.S.C. 78a et poration. formance by the United States. seq.), and the provisions of the Constitution SEC. 7. LEASING OF GASEOUS DIFFUSION FACILI- (2) If a contract, agreement, or lease trans- and laws of any State, territory, or posses- TIES. ferred under subsection (a) is terminated, ex- sion of the United States relating to trans- (a) TRANSFER OR LEASE.—Concurrent with tended, or materially amended after the pri- actions in securities. privatization, the Corporation shall transfer vatization date— (e) EXPENSES.—Expenses of privatization to the private corporation the lease of the (A) the private corporation shall be respon- shall be paid from Corporation revenue ac- gaseous diffusion plants and related property sible for any obligation arising under such counts in the United States Treasury. for the remainder of the term of such lease contract, agreement, or lease after any ex- SEC. 5. ESTABLISHMENT OF PRIVATE CORPORA- in accordance with the terms of such lease. tension or material amendment, and TION. (b) RENEWAL.The private corporation shall (a) INCORPORATION.—The directors of the have the exclusive option to lease the gas- (B) the United States shall be responsible Corporation shall establish a private for- eous diffusion plants and related property for for any obligation arising under the con- profit corporation under the laws of a State additional periods following the expiration tract, agreement, or lease before the termi- for the purpose of receiving the assets and of the initial term of the lease. nation, extension, or material amendment. obligations of the Corporation at privatiza- (c) EXCLUSION OF FACILITIES FOR PRODUC- (3) The private corporation shall reimburse tion and continuing the business operations TION OF HIGHLY ENRICHED URANIUM.—The the United States for any amount paid by of the Corporation following privatization. Secretary shall not lease to the private cor- the United States under a settlement agree- (2) The directors of the Corporation may poration any facilities necessary for the pro- ment entered into with the consent of the serve as incorporators of the private corpora- duction of highly enriched uranium but may, private corporation or under a judgment, if tion and shall take all steps necessary to es- subject to the requirements of the Atomic the settlement or judgment— tablish the private corporation, including Energy Act of 1954 (42 U.S.C. 2011 et seq.), (A) arises out of an obligation under a con- the filing of articles of incorporation con- grant the Corporations access to such facili- tract, agreement, or lease transferred under sistent with the provisions of this Act. ties for purposes other than the production subsection (a), and (3) Employees and officers of the Corpora- of highly enriched uranium. (B) arises out of actions of the private cor- tion (including members of the Board of Di- (d) DOE RESPONSIBILITY FOR PREEXISTING poration between the privatization date and rectors) acting in accordance with this sec- CONDITIONS.—The payment of any costs of the date of a termination, extension, or ma- tion on behalf of the private corporation decontamination and decommissioning, re- terial amendment of such contract, agree- shall be deemed to be acting in their official sponse actions, or corrective actions with re- ment, or lease. capacities as employees or officers of the spect to conditions existing before July 1, (d) PRICING.—The Corporation may estab- Corporation for purposes of section 205 of 1993, at the gaseous diffusion plants shall re- lish prices for its products, materials, and title 18, United States Code. main the sole responsibility of the Sec- services provided to customers on a basis (b) STATUS OF THE PRIVATE CORPORATION.— retary. that will allow it to attain the normal busi- (1) The private corporation shall not be an (e) ENVIRONMENTAL AUDIT.—For purposes ness objectives of a profit making corpora- agency, instrumentality, or establishment of of subsection (d), the conditions existing be- tion. the United States, a Government corpora- fore July 1, 1993, at the gaseous diffusion SEC. 9. LIABILITIES. tion, or a Government-controlled corpora- plants shall be determined from the environ- (a) LIABILITY OF THE UNITED STATES.—(1) tion. (2) Except as otherwise provided by this mental audit conducted pursuant to section Except as otherwise provided in this Act, all Act, financial obligations of the private cor- 1403(e) of the Atomic Energy Act of 1954 (42 liabilities arising out of the operation of the poration shall not be obligations of, or guar- U.S.C. 2297c–2(e)). uranium enrichment enterprise before July anteed as to principal or interest by, the (f) TREATMENT UNDER PRICE-ANDERSON 1, 1993, shall remain the direct liabilities of Corporation or the United States, and the PROVISIONS.—Any lease executed between the Secretary. obligations shall so plainly state. the Secretary and the Corporation or the pri- (2) Except as provided in subsection (a)(3) (3) No action under section 1491 of title 28, vate corporation, and any extension or re- or otherwise provided in a memorandum of United States Code, shall be allowable newal thereof, under this section shall be agreement entered into by the Corporation against the United States based on actions of deemed to be a contract for purposes of sec- and the Office of Management and Budget the private corporation, tion 170d. of the Atomic Energy Act of 1954 prior to the privatization date, all liabilities (c) APPLICATION OF POST-GOVERNMENT EM- (42 U.S.C. 2210(d)). arising out of the operation of the Corpora- PLOYMENT RESTRICTIONS.—Beginning on the (g) WAIVER OF EIS REQUIREMENT.—The exe- tion between July 1, 1993, and the privatiza- privatization date, the restrictions stated in cution or transfer of the lease between the tion date shall remain the direct liabilities section 207, (a), (b), (c), and (d) of title 18, Secretary and the Corporation or the private of the United States. United States Code, shall not apply to the corporation, and any extension or renewal (3) All liabilities arising out of the disposal acts of an individual done in carrying out of- thereof, shall not be considered to be a major of depleted uranium generated by the Cor- ficial duties as a director, officer, or em- Federal action significantly affecting the poration between July 1, 1993, and the privat- ployee of the private corporation, if the indi- quality of the human environment for pur- ization date shall become the direct liabil- vidual was an officer or employee of the Cor- poses of section 102 of the National Environ- ities of the Secretary. poration (including a director) continuously mental Policy Act of 1969 (42 U.S.C. 4332). (4) Any stated or implied consent for the during the 45 days prior to the privatization SEC. 8. TRANSFER OF CONTRACTS. United States, or any agent or officer of the date. (a) TRANSFER OF CONTRACTS.—Concurrent United States, to be sued by any person for (d) DISSOLUTION.—In the event that the pri- with privatization, the Corporation shall any legal, equitable, or other relief with re- vatization does not occur, the Corporation transfer to the private corporation all con- spect to any claim arising from any action will provide for the dissolution of the private tracts, agreements, and leases, including all taken by any agent or officer of the United corporation within 1 year of the private cor- uranium enrichment contracts, that were— States in connection with the privatization poration’s incorporation unless the Sec- (1) transferred by the Secretary to the Cor- of the Corporation is hereby withdrawn. retary of the Treasury or his delegate, upon poration pursuant to section 1401(b) of the (5) To the extent that any claim against the Corporation’s request, agrees to delay Atomic Energy Act of 1954 (42 U.S.C. the United States under this section is of the any such dissolution for an additional year. 2297c(b)), or type otherwise required by Federal statute

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1873 or regulation to be presented to a Federal (A) offer employment to non-management (i) to retain the employee’s coverage under agency or official for adjudication or review, employees of the predecessor contractor to either CSRS or FERS, as applicable, in lieu such claim shall be presented to the Depart- the extent that their jobs still exist or they of coverage by the Corporation’s retirement ment of Energy in accordance with proce- are qualified for new jobs, and system, or dures to be established by the Secretary. (B) abide by the terms of the predecessor (ii) to receive a deferred annuity or lump- Nothing in this paragraph shall be construed contractor’s collective bargaining agreement sum benefit payable to a terminated em- to impose on the Department of Energy li- until the agreement expires or a new agree- ployee under CSRS or FERS, as applicable. ability to pay any claim presented pursuant ment is signed. (B) An employee that makes the election to this paragraph. (5) In the event of a plant closing or mass under subparagraph (A)(ii) shall have the op- (6) The Attorney General shall represent layoff (as such terms are defined in section tion to transfer the balance in the employ- the United States in any action seeking to 2101(a) (2) and (3) of title 29, United States ee’s Thrift Savings Plan account to a defined impose liability under this subsection. Code) at either of the gaseous diffusion contribution plan under the Corporation’s (b) LIABILITY OF THE CORPORATION.—Not- plants, the Secretary of Energy shall treat retirement system, consistent with applica- withstanding any provision of any agree- any adversely affected employee of an oper- ble law and the terms of the Corporation’s ment to which the Corporation is a party, ating contractor at either plant who was an defined contribution plan. the Corporation shall not be considered in employee at such plant on July 1, 1993, as a (2) The Corporation shall pay to the Civil breach, default, or violation of any agree- Department of Energy employee for purposes Service Retirement and Disability Fund— ment because of the transfer of such agree- of sections 3161 and 3162 of the National De- (A) such employee deductions and agency ment to the private corporation under sec- fense Authorization Act for Fiscal Year 1993 contributions as are required by sections tion 8 or any other action the Corporation is (42 U.S.C. 7274h–7274i). 8334, 8422, and 8423 of title 5, United States (6)(A) The Secretary and the private cor- required to take under this Act. Code, for those employees who elect to re- poration shall cause the post-retirement (c) LIABILITY OF THE PRIVATE CORPORA- tain their coverage under either CSRS or health benefits plan provider (or its suc- TION.—Except as provided in this Act, the FERS pursuant to paragraph (1); cessor) to continue to provide benefits for el- private corporation shall be liable for any li- (B) such additional agency contributions igible persons, as described under subpara- as are determined necessary by the Office of abilities arising out of its operations after graph (B), employed by an operating con- the privatization date. Personnel Management to pay, in combina- tractor at either of the gaseous diffusion tion with the sums under subparagraph (A), (d) LIABILITY OF OFFICERS AND DIREC- plants in an economically efficient manner TORS.—(1) No officer, director, employee, or the ‘‘normal cost’’ (determined using dy- and at substantially the same level of cov- namic assumptions) of retirement benefits agent of the Corporation shall be liable in erage as eligible retirees are entitled to re- any civil proceeding to any party in connec- for those employees who elect to retain their ceive on the privatization date. coverage under CSRS pursuant to paragraph tion with any action taken in connection (B) Persons eligible for coverage under sub- with the privatization if, with respect to the (1), with the concept of ‘‘normal cost’’ being paragraph (A) shall be limited to: used consistent with generally accepted ac- subject matter of the action, suit, or pro- (i) persons who retired from active employ- tuarial standards and principles; and ceeding, such person was acting within the ment at one of the gaseous diffusion plants (C) such additional amounts, not to exceed scope of his employment. on or before the privatization date as vested two percent of the amounts under subpara- (2) This subsection shall not apply to participants in a pension plan maintained ei- graphs (A) and (B) as are determined nec- claims arising under the Securities Act of ther by the Corporation’s operating con- essary by the Office of Personnel Manage- 1933 (15 U.S.C. 77a. et seq.), the Securities Ex- tractor or by a contractor employed prior to ment to pay the cost of administering retire- change Act of 1934 (15 U.S.C. 78a. et seq.), or July 1, 1993, by the Department of Energy to ment benefits for employees who retire from under the Constitution or laws of any State, operate a gaseous diffusion plant; and territory, or possession of the United States (ii) persons who are employed by the Cor- the Corporation after the privatization date relating to transactions in securities. poration’s operating contractor on or before under either CSRS or FERS, for their sur- the privatization date and are vested partici- vivors, and for survivors of employees of the SEC. 10. EMPLOYEE PROTECTIONS. Corporation who die after the privatization (a) CONTRACTOR EMPLOYEES.—(1) Privatiza- pants in a pension plan maintained either by the Corporation’s operating contractor or by date (which amounts shall be available to tion shall not diminish the accrued, vested the Office of Personnel Management as pro- pension benefits of employees of the Cor- a contractor employed prior to July 1, 1993, by the Department of Energy to operate a vided in section 8348(a)(1)(B) of title 5, poration’s operating contractor at the two United States Code). gaseous diffusion plants. gaseous diffusion plant. (C) The Secretary shall fund the entire (3) The Corporation shall pay to the Thrift (2) In the event that the private corpora- cost of post-retirement health benefits for Savings Fund such employee and agency tion terminates or changes the contractor at persons who retired from employment with contributions as are required by section 8432 either or both of the gaseous diffusion an operating contractor prior to July 1, 1993. of title 5, United States Code, for those em- plants, the plan sponsor or other appropriate (D) The Secretary and the Corporation ployees who elect to retain their coverage fiduciary of the pension plan covering em- shall fund the cost of post-retirement health under FERS pursuant to paragraph (1). ployees of the prior operating contractor benefits for persons who retire from employ- (4) Any employee of the Corporation who shall arrange for the transfer of all plan as- ment with an operating contractor on or was subject to the Federal Employee Health sets and liabilities relating to accrued pen- after July 1, 1993, in proportion to the retired Benefits Program (referred to in this section sion benefits of such plan’s participants and person’s years and months of service at a as ‘‘FEHBP’’) on the day immediately pre- beneficiaries from such plant to a pension gaseous diffusion plant under their respec- ceding the privatization date and who elects plan sponsored by the new contractor or the tive management. to retain coverage under either CSRS or private corporation or a joint labor-manage- (7)(A) Any suit under this subsection alleg- FERS pursuant to paragraph (1) shall have ment plan, as the case may be. ing a violation of an agreement between an the option to receive health benefits from a (3) In addition to any obligations arising employer and a labor organization shall be health benefit plan established by the Cor- under the National Labor Relations Act (29 brought in accordance with section 301 of the poration or to continue without interruption U.S.C. 151 et seq.), any employer (including Labor Management Relations Act (29 U.S.C. coverage under the FEHBP, in lieu of cov- the private corporation if it operates a gas- 185). erage by the Corporation’s health benefit eous diffusion plant without a contractor or (B) Any charge under this subsection alleg- system. any contractor of the private corporation) at ing an unfair labor practice violative of sec- (5) The Corporation shall pay to the Em- a gaseous diffusion plant shall— tion 8 of the National Labor Relations Act ployees Health Benefits Fund— (A) abide by the terms of any unexpired (29 U.S.C. 158) shall be pursued in accordance (A) such employee deductions and agency collective bargaining agreement covering with section 10 of the National Labor Rela- contributions as are required by section employees in bargaining units at the plant tions Act (29 U.S.C. 160). 8906(a)–(f) of title 5, United States Code, for and in effect on the privatization date until (C) Any suit alleging a violation of any those employees who elect to retain their the stated expiration or termination date of provision of this subsection, to the extent it coverage under FEHBP pursuant to para- the agreement; or does not allege a violation of the National graph (4); and (B) in the event a collective bargaining Labor Relations Act, may be brought in any (B) such amounts as are determined nec- agreement is not in effect upon the privat- district court of the United States having ju- essary by the Office of Personnel Manage- ization date, have the same bargaining obli- risdiction over the parties, without regard to ment under paragraph (6) to reimburse the gations under section 8(d) of the National the amount in controversy or the citizenship Office of Personnel Management for con- Labor Relations Act (29 U.S.C. 158(d)) as it of the parties. tributions under section 8906(g)(1) of title 5, had immediately before the privatization (b) FORMER FEDERAL EMPLOYEES.—(1)(A) United States Code, for those employees who date. An employee of the Corporation that was elect to retain their coverage under FEHBP (4) If the private corporation replaces its subject to either the Civil Service Retire- pursuant to paragraph (4). operating contractor at a gaseous diffusion ment System (referred to in this section as (6) The amounts required under paragraph plant, the new employer (including the new ‘‘CSRS’’) or the Federal Employees’ Retire- (5)(B) shall pay the Government contribu- contractor or the private corporation if it ment System (referred to in this section as tions for retired employees who retire from operates a gaseous diffusion plant without a ‘‘FERS’’) on the day immediately preceding the Corporation after the privatization date contractor) shall— the privatization date shall elect— under either CSRS or FERS, for survivors of

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1874 CONGRESSIONAL RECORD — SENATE March 12, 1996 such retired employees, and for survivors of (3) With respect to all enriched uranium ANNUAL MAXIMUM DELIVERIES TO END USERS—Continued employees of the Corporation who die after delivered to the United States Executive (millions lbs. U3O8 equivalent) the privatization date, with said amounts Agent under the Russian HEU Agreement on 1999 ...... 4 prorated to reflect only that portion of the or after January 1, 1997, the United States 2000 ...... 6 total service of such employees and retired Executive Agent shall, upon request of the 2001 ...... 8 persons that was performed for the Corpora- Russian Executive Agent, enter into an 2002 ...... 10 tion after the privatization date. agreement to deliver concurrently to the 2003 ...... 12 SEC. 11. OWNERSHIP LIMITATIONS. Russian Executive Agent an amount of ura- 2004 ...... 14 (a) SECURITIES LIMITATIONS.—No director, nium hexafluoride equivalent to the natural 2005 ...... 16 officer, or employee of the Corporation may uranium component of such uranium. An 2006 ...... 17 acquire any securities, or any rights to ac- agreement executed pursuant to a request of 2007 ...... 18 quire any securities of the private corpora- the Russian Executive Agent, as con- 2008 ...... 19 tion on terms more favorable than those of- templated in this paragraph, may pertain to 2009 and each year thereafter 20. any deliveries due during any period remain- fered to the general public— (6) Uranium hexafluoride delivered to the (1) in a public offering designed to transfer ing under the Russian HEU Agreement. The quantity of such uranium hexafluoride deliv- Russian Executive Agent under paragraph (3) ownership of the Corporation to private in- or auctioned pursuant to paragraph (4) may vestors, ered to the Russian Executive Agent shall be 235 be sold at any time as Russian-origin natural (2) pursuant to any agreement, arrange- based on a tails assay of 0.30 U . Title to uranium hexafluoride delivered to the Rus- uranium in a matched sale pursuant to the ment, or understanding entered into before Suspension Agreement, and in such case the privatization date, or sian Executive Agent pursuant to this para- graph shall transfer to the Russian Execu- shall not be counted against the annual max- (3) before the election of the directors of imum deliveries set forth in paragraph (5). the private corporation. tive Agent upon delivery of such material to the Russian Executive Agent, with such de- (7) Uranium hexafluoride delivered to the (b) OWNERSHIP LIMITATION.—Immediately livery to take place at a North American fa- Russian Executive Agent under paragraph (3) following the consummation of the trans- or auctioned pursuant to paragraph (4) may action or series of transactions pursuant to cility designated by the Russian Executive Agent. Uranium hexafluoride delivered to be sold at any time for use in the United which 100 percent of the ownership of the the Russian Executive Agent pursuant to States for the purpose of overfeeding in the Corporation is transferred to private inves- this paragraph shall be deemed under U.S. operations of enrichment facilities. tors, and for a period of three years there- law for all purposes to be of Russian origin. (8) Nothing in this subsection (b) shall re- after, no person may acquire, directly or in- Such uranium hexafluoride may be sold to strict the sale of the conversion component directly, beneficial ownership of securities any person or entity for delivery and use in of such uranium hexafluoride. representing more than 10 percent of the (9) The Secretary of Commerce shall have the United States only as permitted in sub- total votes of all outstanding voting securi- responsibility for the administration and en- sections (b)(5), (b)(6) and (b)(7) of this sec- ties of the Corporation. The foregoing limi- forcement of the limitations set forth in this tion. tation shall not apply to— (4) In the event that the Russian Executive subsection. The Secretary of Commerce may (1) any employee stock ownership plan of Agent does not exercise its right to enter require any person to provide any certifi- the Corporation, into an agreement to take deliver of the nat- cations, information, or take any action that (2) members of the underwriting syndicate ural uranium component of any low-enriched may be necessary to enforce these limita- purchasing shares in stabilization trans- uranium, as contemplated in paragraph (3), tions. The United States Customs Service actions in connection with the privatization, within 90 days of the date such low-enriched shall maintain and provide any information or uranium is delivered to the United States required by the Secretary of Commerce and (3) in the case of shares beneficially held in Executive Agent, or upon request of the Rus- shall take any action requested by the Sec- the ordinary course of business for others, sian Executive Agent, then the United retary of Commerce which is necessary for any commercial bank, broker-dealer, or States Executive Agent shall engage an inde- the administration and enforcement of the clearing agency. pendent entity through a competitive selec- uranium delivery limitations set forth in SEC. 12. URANIUM TRANSFERS AND SALES. tion process to auction an amount of ura- this section. (10) The President shall monitor the ac- (a) TRANSFERS AND SALES BY THE SEC- nium hexafluoride or U3O8 (in the event that RETARY.—The Secretary shall not provide en- the conversion component of such tions of the United States Executive Agent richment services or transfer or sell any ura- hexafluoride has previously been sold) equiv- under the Russian HEU Agreement and shall nium (including natural uranium con- alent to the natural uranium component of report to the Congress not later than Decem- centrates, natural uranium hexafluoride, or such low-enriched uranium. An agreement ber 31 of each year on the effect the low-en- enriched uranium in any form) to any person executed pursuant to a request of the Rus- riched uranium delivered under the Russian except as consistent with this section. sian Executive Agent, as contemplated in HEU Agreement is having on the domestic (b) RUSSIAN HEU.—(1) On or before Decem- this paragraph, may pertain to any deliv- uranium mining, conversion, and enrichment ber 31, 1996, the United States Executive eries due during any period remaining under industries, and the operation of the gaseous Agent under the Russian HEU Agreement the Russian HEU Agreement. Such inde- diffusion plants. Such report shall include a shall transfer to the Secretary without pendent entity shall sell such uranium description of actions taken or proposed to charge title to an amount of uranium hexafluoride in one or more lots to any per- be taken by the President to prevent or miti- hexafluoride equivalent to the natural ura- son or entity to maximize the proceeds from gate any material adverse impact on such in- nium component of low-enriched uranium such sales, for disposition consistent with dustries or any loss of employment at the derived from at least 18 metric tons of highly the limitations set forth in this subsection. gaseous diffusion plants as a result of the enriched uranium purchased from the Rus- The independent entity shall pay to the Rus- Russian HEU Agreement. RANSFERS TO THE CORPORATION.—(1) sian Executive Agent under the Russian sian Executive Agent the proceeds of any (c) T The Secretary shall transfer to the Corpora- HEW Agreement. The quantity of such ura- such auction less all reasonable transaction tion without charge up to 50 metric tons of nium hexafluoride delivered to the Secretary and other administrative costs. The quantity enriched uranium and up to 7,000 metric tons shall be based on a tails assay of 0.30 U235. of such uranium hexafluoride auctioned shall Uranium hexafluoride transferred to the Sec- be based on a tails assay of 0.30 U235. Title to of natural uranium from the Department of retary pursuant to this paragraph shall be uranium hexafluoride auctioned pursuant to Energy’s stockpile, subject to the restric- deemed under United States law for all pur- this paragraph shall transfer to the buyer of tions in subsection (c)(2). (2) The Corporation shall not deliver for poses to be of Russian origin. such material upon delivery of such material to the buyer. Uranium hexafluoride auc- commercial end use in the United States— (2) Within 7 years of the date of enactment (A) any of the uranium transferred under of this Act, the Secretary shall sell, and re- tioned pursuant to this paragraph shall be deemed under United States law for all pur- this subsection before January 1, 1998; ceive payment for, the uranium hexafluoride (B) more than 10 percent of the uranium poses to be of Russian origin. transferred to the Secretary pursuant to (by uranium hexafluoride equivalent con- paragraph (1). Such uranium hexafluoride (5) Except as provided in paragraphs (6) and (7), uranium hexafluoride delivered to the tent) transferred under this subsection or shall be sold— more than 4,000,000 pounds, whichever is less, (A) at any time for use in the United Russian Executive Agent under paragraph (3) or auctioned pursuant to paragraph (4), may in any calendar year after 1997; or States for the purpose of overfeeding; (C) more than 800,000 separative work units not be delivered for consumption by end (B) at any time for end use outside the contained in low-enriched uranium trans- users in the United States either directly or United States; ferred under this subsection in any calendar indirectly prior to January 1, 1998, and there- (C) in 1995 and 1996 to the Russian Execu- year. after only in accordance with the following tive Agent at the purchase price for use in (d) INVENTORY SALES.—(1) In addition to schedule: matched sales pursuant to the Suspension the transfers authorized under subsections Agreement; or, ANNUAL MAXIMUM DELIVERIES TO END USERS (c) and (e), the Secretary may, from time to (D) in calendar year 2001 for consumption time, sell natural and low-enriched uranium by end users in the United States not prior (millions lbs. U3O8 equivalent) (including low-enriched uranium derived to January 1, 2002, in volumes not to exceed Year: from highly enriched uranium) from the De- 3,000,000 pounds U3O8 equivalent per year. 1998 ...... 2 partment of Energy’s stockpile.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1875 (2) Except as provided in subsections (b), formation owned or controlled by the Gov- 2297–2297e–7) are repealed as of the privatiza- (c), and (e), no sale or transfer of natural or ernment, upon completion of a royalty tion date. low-enriched uranium shall be made unless— agreement with the Secretary. (2) The table of contents of such Act is (A) the President determines that the ma- (b) TRANSFER OF RELATED PROPERTY TO amended as of the privatization date by terial is not necessary for national security CORPORATION.— striking the items referring to sections re- needs, (1) IN GENERAL.—To the extend requested pealed by paragraph (1). (B) the Secretary determines that the sale by the Corporation and subject to the re- (b) NRC LICENSING.—(1) Section 11v. of the of the material will not have an adverse ma- quirement of the Atomic Energy Act of 1954 Atomic Energy Act of 1954 (42 U.S.C. 2014v.) terial impact on the domestic uranium min- (42 U.S.C. 2011, et seq.), the President shall is amended by striking ‘‘or the construction ing, conversion, or enrichment industry, tak- transfer without charge to the Corporation and operation of a uranium enrichment facil- ing into account the sales of uranium under all of the right, title, or interest in and to ity using Atomic Vapor Laser Isotope Sepa- the Russian HEU Agreement and the Suspen- property owned by the United States under ration technology’’. sion Agreement, and control or custody of the Secretary that is (2) Section 193 of the Atomic Energy Act of (C) the price paid to the Secretary will not directly related to and materially useful in 1954 (42 U.S.C. 2243) is amended by adding at the performance of the Corporation’s pur- be less than the fair market value of the ma- the end the following: poses regarding AVLIS and alternative tech- terial. ‘‘(f) LIMITATION.—No license or certificate nologies for uranium enrichment, includ- (e) GOVERNMENT TRANSFERS.—Notwith- of compliance may be issued to the United ing— States Enrichment Corporation or its suc- standing subsection (d)(2), the Secretary (A) facilities, equipment, and materials for may transfer or sell enriched uranium— cessor under this section or sections 53, 63, or research, development, and demonstration 1701, if the Commission determines that— (1) to a Federal agency if the material is activities; and transferred for the use of the receiving agen- ‘‘(1) the Corporation is owned, controlled, (B) all other facilities, equipment, mate- or dominated by an alien, a foreign corpora- cy without any resale or transfer to another rials, processes, patents, technical informa- entity and the material does not meet com- tion, or a foreign government; or tion of any kind, contracts, agreements, and ‘‘(2) the issuance of such a license or cer- mercial specifications; leases. (2) to any person for national security pur- tificate of compliance would be inimical to— (2) EXCEPTION.—Facilities, real estate, im- ‘‘(A) the common defense and security of poses, as determined by the Secretary; or provements, and equipment related to the the United States; or (3) to any State or local agency or non- gaseous diffusion, and gas centrifuge, ura- ‘‘(B) the maintenance of a reliable and eco- profit, charitable, or educational institution nium enrichment programs of the Secretary nomical domestic source of enrichment serv- for use other than the generation of elec- shall not transfer under paragraph (1)(B) ices.’’. tricity for commercial use. (3) EXPIRATION OF TRANSFER AUTHORITY.— (3) Section 1701(c)(2) of the Atomic Energy The President’s authority to transfer prop- (f) SAVINGS PROVISION.—Nothing in this Act of 1954 (42 U.S.C. 2297f(c)(2)) is amended erty under this subjection shall expire upon Act shall be read to modify the terms of the to read as follows: the privatization date. Russian HEU Agreement. ‘‘(2) PERIODIC APPLICATION FOR CERTIFICATE (c) LIABILITY FOR PATENT AND RELATED SEC. 13. LOW-LEVEL WASTE. OF COMPLIANCE.—The Corporation shall apply CLAIMS.—With respect to any right, title, or (a) RESPONSIBILITY OF DOE.—(1) The Sec- interest provided to the Corporation under to the Nuclear Regulatory Commission for a retary, at the request of the generator, shall subsection (a) or (b), the Corporation shall certificate of compliance under paragraph (1) accept for disposal low-level radioactive have sole liability for any payments made or periodically, as determined by the Commis- waste, including depleted uranium if it were awards under section 157 b. (3) of the Atomic sion, but not less than every 5 years. The ultimately determined to be low-level radio- Energy Act of 1954 (42 U.S.C. 2187(b)(3)), or Commission shall review any such applica- active waste, generated by— any settlements or judgments involving tion and any determination made under sub- (A) The Corporation as a result of the oper- claims for alleged patent infringement. Any section (b)(2) shall be based on the results of ations of the gaseous diffusion plants or as a royalty agreement under subsection (a) of any such review.’’ result of the treatment of such wastes at a this section shall provide for a reduction of (4) Section 1702(a) of the Atomic Energy location other than the gaseous diffusion royalty payments to the Secretary to offset Act of 1954 (42 U.S.C. 2297f–1(a)) is amended— plants, or any payments, awards, settlements, or judg- (1) by striking ‘‘other than’’ and inserting (B) any person licensed by the Nuclear ments under this subsection. ‘‘including’’, and (2) by striking ‘‘sections 53 and 63’’ and in- Regulatory Commission to operate a ura- SEC. 15. APPLICATION OF CERTAIN LAWS. nium enrichment facility under sections 53, (a) OSHA.—(1) As of the privatization date, serting ‘‘sections 53, 63, and 193’’. (c) JUDICIAL REVIEW OF NRC ACTIONS.—Sec- 63, and 193 of the Atomic Energy Act of 1954 the private corporation shall be subject to tion 189b. of the Atomic Energy Act of 1954 (42 U.S.C. 2073, 2093, and 2243). and comply with the Occupational Safety (2) Except as provided in paragraph (3), the and Health Act of 1970 (29 U.S.C. 651 et seq.). (42 U.S.C. 2239(b)) is amended to read as fol- generator shall reimburse the Secretary for (2) The Nuclear Regulatory Commission lows: the disposal of low-level radioactive waste and the Occupational Safety and Health Ad- ‘‘b. The following Commission actions pursuant to paragraph (1) in an amount ministration shall, within 90 days after the shall be subject to judicial review in the equal to the Secretary’s costs, including a date of enactment of this Act, enter into a manner prescribed in chapter 158 of title 28, pro rata share of any capital costs, but in no memorandum of agreement to govern the ex- United States Code, and chapter 7 of title 5, event more than an amount equal to that ercise of their authority over occupational United States Code: which would be charged by commercial, safety and health hazards at the gaseous dif- ‘‘(1) Any final order entered in any pro- State, regional, or interstate compact enti- fusion plants, including inspection, inves- ceeding of the kind specified in subsection ties for disposal of such waste. tigation, enforcement, and rulemaking relat- (a). (3) In the event depleted uranium were ul- ing to such hazards. ‘‘(2) Any final order allowing or prohibiting timately determined to be low-level radio- (b) ANTITRUST LAWS.—For purposes of the a facility to begin operating under a com- active waste, the generator shall reimburse antitrust laws, the performance by the pri- bined construction and operating license. ‘‘(3) Any final order establishing by regula- the Secretary for the disposal of depleted vate corporation of a ‘‘matched import’’ con- tion standards to govern the Department of uranium pursuant to paragraph (1) in an tract under the Suspension Agreement shall Energy’s gaseous diffusion uranium enrich- amount equal to the Secretary’s costs, in- be considered to have occurred prior to the ment plants, including any such facilities cluding a pro rata share of any capital costs. privatization date, if at the time of privat- leased to a corporation established under the (b) AGREEMENTS WITH OTHER PERSONS.— ization, such contract had been agreed to by USEC Privatization Act. The generator may also enter into agree- the parties in all material terms and con- ‘‘(4) Any final determination under section ments for the disposal of low-level radio- firmed by the Secretary of Commerce under 1701(c) relating to whether the gaseous diffu- active waste subject to subsection (a) with the Suspension Agreement. (c) ENERGY REORGANIZATION ACT REQUIRE- sion plants, including any such facilities any person other than the Secretary that is MENTS.—(1) The private corporation and its leased to a corporation established under the authorized by applicable laws and regula- contractors and subcontractors shall be sub- USEC Privatization Act, are in compliance tions to dispose of such wastes. ject to the provisions of section 211 of the with the Commission’s standards governing (c) STATE OR INTERSTATE COMPACTS.—Not- Energy Reorganization Act of 1974 (42 U.S.C. the gaseous diffusion plants and all applica- withstanding any other provision of law, no 5851) to the same extent as an employer sub- ble laws.’’. State or interstate compact shall be liable ject to such section. (d) CIVIL PENALTIES.—Section 234a. of the for the treatment, storage, or disposal of any (2) With respect to the operation of the fa- Atomic Energy Act of 1954 (42 U.S.C. 2282(a) low-level radioactive waste (including mixed cilities leased by the private corporation, is amended by— waste) attributable to the operation, decon- section 206 of the Energy Reorganization Act (1) striking ‘‘any licensing provision of sec- tamination, and decommissioning of any of 1974 (42 U.S.C. 5846) shall apply to the di- tion 53, 57, 62, 63, 81, 82, 101, 103, 104, 107, or uranium enrichment facility. rectors and officers of the private corpora- 109’’ and inserting: ‘‘any licensing or certifi- SEC. 14. AVLIS. tion. cation provision of section 53, 57, 62, 63, 81, (a) EXCLUSIVE RIGHT TO COMMERCIALIZE.— SEC. 16. AMENDMENTS TO THE ATOMIC ENERGY 82, 101, 103, 104, 107, 109, or 1701’’; and The Corporation shall have the exclusive ACT. (2) by striking ‘‘any license issued there- commercial right to deploy and use any (a) REPEAL.—(1) Chapters 22 through 26 of under’’ and inserting: ‘‘any lease or certifi- AVLIS patents, processes, and technical in- the Atomic Energy Act of 1954 (42 U.S.C. cation issued thereunder’’.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1876 CONGRESSIONAL RECORD — SENATE March 12, 1996

(e) REFERENCES TO THE CORPORATION.—Fol- Under the heading, ‘‘EDUCATION RESEARCH, by the Secretary of Education under title IV lowing the privatization date, all references STATISTICS, AND IMPROVEMENT’’, of the of the Higher Education Act of 1965, as in the Atomic Energy Act of 1954 to the amounts made available in title I an addi- amended, shall not be subject to offset under United States Enrichment Corporation shall tional $23,000,000 shall be for part A of title this subsection. be deemed to be references to the private III of the Elementary and Secondary Edu- ‘‘(2) Neither the disbursing official nor the corporation. cation Act of 1965, as amended. payment certifying agency shall be liable— SEC. 17. AMENDMENTS TO OTHER LAWS. DEPARTMENTS OF VETERANS AFFAIRS ‘‘(A) for the amount of the offset on the (a) DEFINITION OF GOVERNMENT CORPORA- AND HOUSING AND URBAN DEVELOP- basis that the underlying obligation, rep- TION.—As of the privatization date, section MENT, AND INDEPENDENT AGENCIES resented by the payment before the offset 9101(3) of title 31, United States Code, is ENVIRONMENTAL PROTECTION AGEN- was taken, was not satisfied; or amended by striking subparagraph (N) as CY ‘‘(B) for failure to provide timely notice under paragraph (8). added by section 902(b) of Public Law 102–486. SCIENCE AND TECHNOLOGY (b) DEFINITION OF THE CORPORATION.—Sec- ‘‘(3)(A) Notwithstanding any other provi- In addition to funds provided elsewhere in tion 1018 (1) of the Energy Policy Act of 1992 sion of law (including sections 207 and this Act, $31,000,000, to remain available (42 U.S.C. 2296b-7(1) is amended by inserting 1631(d)(1) of the Act of August 14, 1935 (42 until September 30, 1997. ‘‘or its successor’’ before the period. U.S.C. 407 and 1383(d)(1)), section 413(b) of SUBPART B—STRATEGIC PETROLEUM RESERVE ENVIRONMENTAL PROGRAMS AND MANAGEMENT Public Law 91–173 (30 U.S.C. 923(b)), and sec- SEC. 431. SALE OF WEEKS ISLAND OIL. In addition to funds provided elsewhere in tion 14 of the Act of August 29, 1935 (45 U.S.C. Notwithstanding section 161 of the Energy this Act, $31,000,000, to remain available 231m)), all payments due under the Social Policy and Conservation Act (42 U.S.C. 6241), until September 30, 1997. Security Act, Part B of the Black Lung Ben- the Secretary of Energy shall draw down and CHAPTER 2—OFFSET FOR TECHNOLOGY efits Act, or under any law administered by sell in fiscal year 1996, $292,000,000 worth of PROGRAMS the Railroad Retirement Board shall be sub- oil formerly contained in the Weeks Island SEC. 5101. SHORT TITLE. ject to offset under this section. Strategic Petroleum Reserve. This chapter may be cited as the ‘‘Debt ‘‘(B) An amount of $10,000 which a debtor Collection Improvement Act of 1996’’. may receive under Federal benefit programs cited under subparagraph (A) within a 12- HOLLINGS (AND OTHERS) SEC. 5102. EFFECTIVE DATE. month period shall be exempt from offset Except as otherwise provided in this chap- AMENDMENT NO. 3474 under this subsection. In applying the $10,000 ter, the provisions of this chapter and the exemption, the disbursing official shall— Mr. HOLLINGS (for himself, Mr. amendments made by this chapter shall be- ‘‘(i) apply a prorated amount of the exemp- DASCHLE, Mr. KERRY, Mr. LIEBERMAN, come effective October 1, 1996. Mr. BINGAMAN, Mr. LEAHY, Mr. ROCKE- tion to each periodic benefit payment to be PART I—GENERAL DEBT COLLECTION made to the debtor during the applicable 12- FELLER, and Mr. KERREY) proposed an INITIATIVES month period; and amendment to amendment No. 3466 Subpart A—General Offset Authority ‘‘(ii) consider all benefit payments made proposed by Mr. HATFIELD to the bill SEC. 5201. ENHANCEMENT OF ADMINISTRATIVE during the applicable 12-month period which H.R. 3019, supra; as follows: OFFSET AUTHORITY. are exempt from offset under this subsection On page 781 of the Committee amendment, (a) Section 3701(c) of title 31, United States as part of the $10,000 exemption. strike lines 5 and 6, and insert in lieu thereof Code, is amended to read as follows: For purposes of the preceding sentence, the the following: ‘‘(c) In sections 3716 and 3717 of this title, amount of a periodic benefit payment shall This title may be cited as the ‘‘Contin- the term ‘person’ does not include an agency be the amount after any reduction or deduc- gency Appropriations Act, 1996’’. of the United States Government, or of a tion required under the laws authoring the TITLE V—TECHNOLOGY INITIATIVES unit of general local government.’’. program under which such payment is au- CHAPTER 1—RESTORATIONS FOR (b) Section 3716 of title 31, United States thorized to be made (including any reduction PRIORITY TECHNOLOGY PROGRAMS Code, is amended— or deduction to recover any overpayment (1) by amending subsection (b) to read as DEPARTMENTS OF COMMERCE, JUSTICE, under such program). follows: STATE, THE JUDICIARY, AND RELATED ‘‘(C) The Secretary of the Treasury shall ‘‘(b) Before collecting a claim by adminis- AGENCIES exempt means-tested programs when noti- trative offset, the head of an executive, leg- fied by the head of the respective agency. DEPARTMENT OF COMMERCE islative, or judicial agency must either— The Secretary may exempt other payments NATIONAL INSTITUTE OF STANDARDS AND ‘‘(1) adopt regulations on collecting by ad- from offset under this subsection upon the TECHNOLOGY ministrative offset promulgated by the De- written request of the head of a payment cer- INDUSTRIAL TECHNOLOGY SERVICES partment of Justice, the General Accounting Office and/or the Department of the Treasury tifying agency. A written request for exemp- In addition to funds provided elsewhere in tion of other payments must provide jus- this Act, $300,000,000, to remain available without change; or ‘‘(2) prescribe independent regulations on tification for the exemption under the stand- until expended, for continuation grants and ards prescribed by the Secretary. Such new program competitions under the Ad- collecting by administrative offset con- sistent with the regulations promulgated standards shall give due consideration to vanced Technology Program: Provided, That whether offset would tend to interfere sub- notwithstanding any other provision of this under paragraph (1).’’; (2) by amending subsection (c)(2) to read as stantially with or defeat the purposes of the Act, any unobligated balances from carry- payment certifying agency’s program. over balances of current and prior year ap- follows: ‘‘(2) when a statute explicitly prohibits ‘‘(D) The provisions of sections 205(b)(1) propriations under the Advanced Technology using administrative ‘offset’ or ‘setoff’ to and 1631(c)(1) of the Social Security Act shall Program may be used for continuation collect the claim or type of claim involved.’’; not apply to any offset executed pursuant to grants and new program competitions. (3) by redesignating subsection (c) as sub- this section against benefits authorized by NATIONAL TELECOMMUNICATIONS AND section (d); and either title II or title XVI of the Social Secu- INFORMATION ADMINISTRATION (4) by inserting after subsection (b) the fol- rity Act. INFORMATION INFRASTRUCTURE GRANTS lowing new subsection: ‘‘(4) The Secretary of the Treasury is au- In addition to funds provided elsewhere in ‘‘(c)(1)(A) Except as provided in subpara- thorized to charge a fee sufficient to cover this Act, $32,000,000, to remain available graph (B) or (C), a disbursing official of the the full cost of implementing this sub- until expended, for increasing the number of Department of the Treasury, the Department section. The fee may be collected either by grants promoting the development of the na- of Defense, the United States Postal Service, the retention of a portion of amounts col- tional telecommunications and information or any disbursing official of the United lected pursuant to this subsection, or by bill- infrastructure. States designated by the Secretary of the ing the agency referring or transferring the TECHNOLOGY ADMINISTRATION Treasury, is authorized to offset the amount claim. Fees charged to the agencies shall be of a payment which a payment certifying based only on actual offsets completed. Fees SALARIES AND EXPENSES agency has certified to the disbursing offi- charged under this subsection concerning de- In addition to funds provided elsewhere in cial for disbursement by an amount equal to linquent claims may be considered as costs this Act, $4,500,000, to remain available until the amount of a claim which a creditor agen- pursuant to section 3717(e) of this title. Fees September 30, 1997, of which $2,500,000 shall cy has certified to the Secretary of the charged under this subsection shall be depos- be for grants to be awarded by the United Treasury pursuant to his subsection. ited into the ‘Account’ determined by the States Israel Science and Technology Com- ‘‘(B) An agency that designates disbursing Secretary of the Treasury in accordance mission. officials pursuant to section 3321(c) of this with section 3711(g) of this title, and shall be DEPARTMENTS OF LABOR, HEALTH AND title is not required to certify claims arising collected and accounted for in accordance HUMAN SERVICES, AND EDUCATION, out of its operations to the Secretary of the with the provisions of that section. AND RELATED AGENCIES Treasury before such agency’s disbursing of- ‘‘(5) The Secretary of the Treasury may In addition to the amounts provided in ficials offset such claims. disclose to a creditor agency the current ad- Title I of this Act for the Department of ‘‘(C) Payments certified by the Department dress of any payee and any data related to Education: of Education under a program administered certifying and authorizing such payment in

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1877 accordance with section 552a of title 5, ‘‘(f) Regulations prescribed by the Clerk of or administrative errors or delays in proc- United States Code, even when the payment the House of Representatives pursuant to essing pay documents that have occurred has been exempt from offset. Where pay- section 3716 of title 31, United States Code, within the four pay periods preceding the ad- ments are made electronically, the Sec- shall not become effective until they are ap- justment and to any adjustment that retary is authorized to obtain the current proved by the Committee on Rules of the amounts to $50 or less, provided that at the address of the debtor/payee from the institu- House of Representatives.’’. time of such adjustment, or as soon there- tion receiving the payment. Upon request by SEC. 5203. EXEMPTION FROM COMPUTER MATCH- after as practical, the individual is provided the Secretary, the institution receiving the ING REQUIREMENTS UNDER THE written notice of the nature and the amount payment shall report the current address of PRIVACY ACT OF 1974. of the adjustment and a point of contact for the debtor/payee to the Secretary. Section 552a(a) of title 5, United States contesting such adjustment.’’; and ‘‘(6) The Secretary of the Treasury is au- Code, is amended in paragraph (8)(B)— (D) by amending paragraph (5)(B) (as redes- thorized to prescribe such rules, regulations, (1) by striking ‘‘or’’ at the end of clause ignated) to read as follows: and procedures as the Secretary of the (vi); ‘‘(B) For purposes of this section ‘agency’ Treasury deems necessary to carry out the (2) by inserting ‘‘or’’ at the end of clause includes executive departments and agen- purposes of this subsection. The Secretary (vii); and cies, the United States Postal Service, the shall consult with the heads of affected agen- (3) by adding after clause (vii) the fol- Postal Rate Commission, the United States cies in the development of such rules, regula- lowing new clause: Senate, the United States House of Rep- tions, and procedures. ‘‘(viii) matches for administrative offset or resentatives, and any court, court adminis- ‘‘(7)(A) Any Federal agency that is owed by claims collection pursuant to subsection trative office, or instrumentality in the judi- a named person a past-due legally enforce- 3716(c) of title 31, section 5514 of this title, or cial or legislative branches of government, able non-tax debt that is over 180 days delin- any other payment intercept or offset pro- and government corporations.’’; quent (other than any past-due support), in- gram authorized by statute;’’. (2) by adding at the end of subsection (b) cluding non-tax debt administered by a third SEC. 5204. TECHNICAL AND CONFORMING the following new paragraphs: party acting as an agent for the Federal Gov- AMENDMENTS. ‘‘(3) For purposes of this section, the Clerk ernment, shall notify the Secretary of the (a) Title 31, United States Code, is amend- of the House of Representatives shall be Treasury of all such non-tax debts for pur- ed— deemed to be the head of the agency. Regula- poses of offset under this subsection. (1) in section 3322(a), by inserting ‘‘section tions prescribed by the Clerk of the House of ‘‘(B) An agency may delay notification 3716 and section 3702A of this title, section Representatives pursuant to subsection (b)(1) under subparagraph (A) with respect to a 6331 of title 26, and’’ after ‘‘Except as pro- shall be subject to the approval of the Com- debt that is secured by bond or other instru- vided in’’; mittee on Rules of the House of Representa- ments in lieu of bond, or for which there is (2) in section 3325(a)(3), by inserting ‘‘or tives. another specific repayment source, in order pursuant to payment intercepts or offsets ‘‘(4) For purposes of this section, the Sec- to allow sufficient time to either collect the pursuant to section 3716 or 3720A, or pursu- retary of the Senate shall be deemed to be debt through normal collection processes ant to levies executed under section 6331 of the head of the agency. Regulations pre- (including collection by internal administra- the Internal Revenue Code of 1986 (26 U.S.C. scribed by the Secretary of the Senate pursu- tive offset) or render a final decision on any 6331),’’ after ‘‘voucher’’; and ant to subsection (b)(1) shall be subject to protest filed against the claim. (3) in sections 3711, 3716, 3717, and 3718, by the approval of the Committee on Rules and ‘‘(8) The disbursing official conducting the striking ‘‘the head of an executive or legisla- Administration of the Senate.’’; and offset shall notify the payee in writing of— tive agency’’ each place it appears and in- (3) by adding after subsection (c) the fol- ‘‘(A) the occurrence of an offset to satisfy serting instead ‘‘the head of an executive, ju- lowing new subsection: a past-due legally enforceable debt, includ- dicial, or legislative agency’’. ‘‘(d) A levy pursuant to the Internal Rev- ing a description of the type and amount of (b) Subsection 6103(l)(10) of title 26, United enue Code of 1986 shall take precedence over the payment otherwise payable to the debtor States Code, is amended— requests for offset received from other agen- against which the offset was executed; (1) in subparagraph (A), by inserting ‘‘and cies.’’. ‘‘(B) the identity of the creditor agency re- to officers and employees of the Department Subpart C—Taxpayer Identifying Numbers questing the offset; and of the Treasury in connection with such re- SEC. 5231. ACCESS TO TAXPAYER IDENTIFYING ‘‘(C) a contact point within the creditor duction’’ adding after ‘‘6402’’; and NUMBERS; BARRING DELINQUENT agency that will handle concerns regarding (2) in subparagraph (B), by adding ‘‘and to DEBTORS FROM CREDIT ASSIST- the offset.’’. officers and employees of the Department of ANCE. Where the payment to be offset is a periodic the Treasury in connection with such reduc- Section 4 of the Debt Collection Act of 1982 benefit payment, the disbursing official shall tion’’ after ‘‘agency’’. (Public Law 97–365, 96 Stat. 1749, 26 U.S.C. take reasonable steps, as determined by the Subpart B—Salary Offset Authority 6103 note) is amended— (1) in subsection (b), by striking ‘‘For pur- Secretary of the Treasury, to provide the no- SEC. 5521. ENHANCEMENT OF SALARY OFFSET poses of this section’’ and inserting instead tice to the payee not later than the date on AUTHORITY. ‘‘For purposes of subsection (a)’’; and which the payee is otherwise scheduled to re- Section 5514 of title 5, United States Code, (2) by adding at the end thereof the fol- ceive the payment, or as soon as practicable is amended— lowing new subsections: thereafter, but no later than the date of the (1) in subsection (a)— ‘‘(c) FEDERAL AGENCIES.—Each Federal offset. Notwithstanding the preceding sen- (A) by adding at the end of paragraph (1) agency shall require each person doing busi- tence, the failure of the debtor to receive the following: ‘‘All Federal agencies to which ness with that agency to furnish to that such notice shall not impair the legality of debts are owed and are delinquent in repay- agency such person’s taxpayer identifying such offset. ment, shall participate in computer match number. ‘‘(9) A levy pursuant to the Internal Rev- at least annually of their delinquent debt ‘‘(1) For purposes of this subsection, a per- enue Code of 1986 shall take precedence over records with records of Federal employees to son is considered to be ‘doing business’ with requests for offset received from other agen- identify those employees who are delinquent a Federal agency if the person is— cies.’’. in repayment of those debts. Matched Fed- ‘‘(A) a lender or servicer in a Federal guar- (c) Section 3701(a) of title 31, United States eral employee records shall include, but anteed or insured loan program; Code, is amended by adding at the end the shall not be limited to, active Civil Service ‘‘(B) an applicant for, or recipient of— following new paragraph: employees government wide, military active ‘‘(i) a Federal guaranteed, insured, or di- ‘‘(8) ‘non-tax claim’ means any claim from duty personnel, military reservists, United rect loan; or any agency of the Federal Government other States Postal Service employees, and records ‘‘(ii) a Federal license, permit, right-of- than a claim by the Internal Revenue Serv- of seasonal and temporary employees. The way, grant, benefit payment or insurance; ice under the Internal Revenue Code of Secretary of the Treasury shall establish and ‘‘(C) a contractor of the agency; 1986.’’. maintain an interagency consortium to im- ‘‘(D) assessed a fine, fee, royalty, or pen- SEC. 5202. HOUSE OF REPRESENTATIVES AS LEG- plement centralized salary offset computer alty by that agency; ISLATION AGENCY. matching, and promulgate regulations for ‘‘(E) in a relationship with a Federal agen- (a) Section 3701 of title 31, United States this program. Agencies that perform central- cy that may give rise to a receivable due to Code, is amended by adding at the end the ized salary offset computer matching serv- that agency, such as a partner of a borrower following new subsections: ices under this subsection are authorized to in or a guarantor of a Federal direct or in- ‘‘(e) For purposes of subchapters I and II of charge a fee sufficient to cover the full cost sured loan; and chapter 37 of title 31, United States Code (re- for such services.’’; ‘‘(F) is a joint holder of any account to lating to claims of or against United States (b) by redesignating paragraphs (3) and (4) which Federal benefit payments are trans- Government), the United States House of as paragraphs (4) and (5), respectively; ferred electronically. Representatives shall be considered to be a (C) by inserting after paragraph (2) the fol- ‘‘(2) Each agency shall disclose to the per- legislative agency (as defined in section lowing new paragraph: son required to furnish a taxpayer identi- 3701(a)(4) of such title), and the Clerk of the ‘‘(3) The provisions of paragraph (2) shall fying number under this subsection its in- House of Representatives shall be deemed to not apply to routine intra-agency adjust- tent to use such number for purposes of col- be the head of such legislative agency. ments of pay that are attributable to clerical lecting and reporting on any delinquent

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1878 CONGRESSIONAL RECORD — SENATE March 12, 1996 amounts arising out of such person’s rela- ment, including government corporations.’’; referring the non-tax claim shall be charged tionship with the government. and the fee, and the agency charging the fee shall ‘‘(3) For purposes of this subsection: (B) by inserting after subsection (c) the fol- collect such fee by retaining the amount of ‘‘(A) The term ‘taxpayer identifying num- lowing new subsection: the fee from amounts collected pursuant to ber’ has the meaning given such term in sec- ‘‘(d) Sections 3711(f) and 3716–3719 of this this subsection. Agencies may agree to pay tion 6109 of title 26, United States Code. title do not apply to a claim or debt under, through a different method, or to fund the ‘‘(B) The term ‘person’ means an indi- or to an amount payable under, the Internal activity from another account or from rev- vidual, sole proprietorship, partnership, cor- Revenue Code of 1986.’’; enue received from Section 701. Amounts poration, nonprofit organization, or any (2) by amending section 3711(f) to read as charged under this subsection concerning de- other form of business association, but with follows: linquent claims may be considered as costs the exception of debtors owing claims result- ‘‘(f)(1) When trying to collect a claim of pursuant to section 3717(e) of this title. ing from petroleum pricing violations does the Government, the head of an executive or ‘‘(4) Notwithstanding any other law con- not include debtors under third party claims legislative agency may disclose to a con- cerning the depositing and collection of Fed- of the United States. sumer reporting agency information from a eral payments, including section 3302(b) of ‘‘(d) ACCESS TO SOCIAL SECURITY NUM- system of records and an individual is re- this title, agencies collecting fees may re- BERS.—Notwithstanding section 552a of title sponsible for a claim of notice required by tain the fees from amounts collected. Any 5, United States Code, creditor agencies to section 552a(e)(4) of title 5, United States fee charged pursuant to this subsection shall which a delinquent claim is owed, and their Code, indicates that information in the sys- be deposited into an account to be deter- agents, may match their debtor records with tem may be disclosed to a consumer report- mined by the executive department or agen- the Social Security Administration records ing agency. cy operating the debt collection center to verify name, name control, Social Secu- ‘‘(2) The information disclosed to a con- charging the fee (hereafter referred to in this rity number, address, and date of birth.’’. sumer reporting agency shall be limited to— section as the ‘Account’). Amounts deposited SEC. 5232. BARRING DELINQUENT FEDERAL ‘‘(A) information necessary to establish in the Account shall be available until ex- DEBTORS FROM OBTAINING FED- the identity of the individual, including pended to cover costs associated with the im- ERAL LOANS OR LOAN GUARANTEES. name, address and taxpayer identifying num- plementation and operation of government- (a) Title 31, United States Code, is amend- ber; wide debt collection activities. Costs prop- ed by adding after section 3720A the fol- ‘‘(B) the amount, status, and history of the erly chargeable to the Account include, but lowing new section: claim; and are not limited to— ‘‘§ 3720B. Barring delinquent Federal debtors from ‘‘(C) the agency or program under which ‘‘(A) the costs of computer hardware and obtaining Federal loans or loan guaran- the claim arose.’’; and software, word processing and telecommuni- tees (3) in section 3718— cations equipment, other equipment, sup- ‘‘(a) Unless waived by the head of the agen- (A) in subsection (a), by striking the first plies, and furniture; cy, no person may obtain any Federal finan- sentence and inserting instead the following: ‘‘(B) personnel training and travel costs; cial assistance in the form of a loan or a loan ‘‘Under conditions the head of an executive, ‘‘(C) other personnel and administrative guarantee if such person has an outstanding legislative or judicial agency considers ap- costs; ‘‘(D) the costs of any contract for identi- Federal non-tax debt which is in a delin- propriate, the head of an agency may make fication, billing, or collection services; and quent status, as determined under the stand- a contract with a person for collection serv- ards prescribed by the Secretary of the ‘‘(E) reasonable costs incurred by the Sec- ice to recover indebtedness owed, or to lo- retary of the Treasury, including but not Treasury, with a Federal agency. Any such cate or recover assets of, the United States person may obtain additional Federal finan- limited to, services and utilities provided by Government. No head of an agency may the Secretary, and administration of the Ac- cial assistance only after such delinquency is enter into a contract to locate or recover as- resolved, pursuant to these standards. This count. sets of the United States held by a State ‘‘(5) Not later than January 1 of each year, section shall not apply to loans or loan guar- government or financial institution unless there shall be deposited into the Treasury as antees where a status specifically permits that agency has established procedures ap- miscellaneous receipts, an amount equal to extension of Federal financial assistance to proved by the Secretary of the Treasury to the amount of unobligated balances remain- borrowers in delinquent status. identify and recover such assets.’’; and ing in the Account at the close of business ‘‘(b) The head of the agency may delegate (B) in subsection (d), by inserting ‘‘, or to on September 30 of the preceding year minus the waiver authority described in subsection locate or recover assets of’’, after ‘‘owed’’. any part of such balance that the executive (a) to the Chief Financial Officer of the agen- SEC. 5242. GOVERNMENTWIDE CROSS-SERVICING. department or agency operating the debt col- cy. The waiver authority may be redelegated Section 3711 of title 31, United States Code, lection center determines is necessary to only to the Deputy Chief Financial Officer of is amended by adding at the end the fol- cover or defray the costs under this sub- the agency. lowing new subsection: section for the fiscal year in which the de- ‘‘(c) For purposes of this section, ‘person’ ‘‘(g)(1) At the discretion of the head of an posit is made. means an individual; or sole proprietorship, executive, judicial or legislative agency, re- ‘‘(6)(A) The head of an executive, legisla- partnership, corporation, non-profit organi- ferral of a non-tax claim may be made to any tive, or judicial agency shall transfer to the zation, or any other form of business associa- executive department or agency operating a Secretary of the Treasury all non-tax claims tion.’’. debt collection center for servicing and col- over 180 days delinquent for additional col- (b) The table of sections for subchapter II lection in accordance with an agreement en- lection action and/or closeout. A taxpayer of chapter 37 of title 31, United States Code, tered into under paragraph (2). Referral or identification number shall be included with is amended by inserting after the item relat- transfer of a claim may also be made to the each claim provided if it is in the agency’s ing to section 3720A the following new item: Secretary of the Treasury for servicing, col- possession. ‘‘3720B. Barring delinquent Federal debtors lection, compromise, and/or suspension or ‘‘(B) Subparagraph (A) shall not apply— from obtaining Federal loans or termination of collection action. Non-tax ‘‘(i) to claims that— loan guarantees.’’. claims referred or transferred under this sec- ‘‘(I) are in litigation or foreclosure; ‘‘(II) will be disposed of under the loan Subpart D—Expanding Collection Authori- tion shall be serviced, collected, com- sales program of a Federal department or ties and Governmentwide Cross-Servicing promised, and/or collection action suspended agency; or terminated in accordance with existing SEC. 5241. EXPANDING COLLECTION AUTHORI- ‘‘(III) have been referred to a private col- statutory requirements and authorities. TIES UNDER THE DEBT COLLECTION lection contractor for collection; ACT OF 1982. ‘‘(2) Executive departments and agencies ‘‘(IV) are being collected under internal (a) Subsection 8(e) of the Debt Collection operating debt collection centers are author- offset procedures; Act of 1982 (Public Law 97–365, 31 U.S.C. ized to enter into agreements with the heads ‘‘(V) have been referred to the Department 3701(d) and 5 U.S.C. 5514 note) is repealed. of executive, judicial, or legislative agencies of the Treasury, the Department of Defense, (b) Section 5 of the Social Security Domes- to service and/or collect non-tax claims re- the United States Postal Service, or a dis- tic Employment Reform Act of 1994 (Public ferred or transferred under this subsection. bursing official of the United States des- Law 103–387) is repealed. The heads of other executive departments ignated by the Secretary of the Treasury for (c) Section 631 of the Tariff Act of 1930 (19 and agencies are authorized to enter into administrative offset; U.S.C. 1631), is repealed. agreements with the Secretary of the Treas- ‘‘(VI) have been retained by an executive (d) Title 31, United States Code, is amend- ury for servicing or collection of referred or agency in a debt collection center; or ed— transferred nontax claims or other Federal ‘‘(VII) have been referred to another agen- (1) in section 3701— agencies operating debt collection centers to cy for collection; (A) by amending subsection (a)(4) to read obtain debt collection services from those ‘‘(ii) to claims which may be collected as follows: agencies. after the 180-day period in accordance with ‘‘(4) ‘executive, judicial or legislative agen- ‘‘(3) Any agency to which non-tax claims specific statutory authority or procedural cy’ means a department, military depart- are referred or transferred under this sub- guidelines, provided that the head of an exec- ment, agency, court, court administrative section is authorized to charge a fee suffi- utive, legislative, or judicial agency provides office, or instrumentality in the executive, cient to cover the full cost of implementing notice of such claims to the Secretary of the judicial or legislative branches of govern- this subsection. The agency transferring or Treasury; and

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1879 ‘‘(iii) to other specific class of claims as de- Subpart F—Gain Sharing not be included in the estimated payments termined by the Secretary of the Treasury at SEC. 5261. DEBT COLLECTION IMPROVEMENT AC- to the Government for the purpose of calcu- the request of the head of an agency or oth- COUNT. lating the cost of such programs. erwise. (a) Title 31, United States Code, is amend- ‘‘(e) The Secretary of the Treasury shall ‘‘(C) The head of an executive, legislative, ed by inserting after section 3720B the fol- prescribe such rules, regulations, and proce- or judicial agency shall transfer to the Sec- lowing new section: dures as the Secretary deems necessary or retary of the Treasury all non-tax claims on ‘‘§ 3720C. Debt Collection Improvement Ac- appropriate to carry out the purposes of this which the agency has ceased collection ac- count section.’’. tivity. The Secretary may exempt specific (b) The table of sections for subchapter II classes of claims from this requirement, at ‘‘(a)(1) There is hereby established in the of chapter 37 of title 31, United States Code, the request of the head of an agency, or oth- Treasury a special fund to be known as the is amended by inserting after the item relat- erwise. The Secretary shall review trans- ‘Debt Collection Improvement Account’ ing to section 3720B the following new item: ferred claims to determine if additional col- (hereinafter referred to as the ‘Account’). ‘‘(2) The Account shall be maintained and ‘‘3720C. Debt Collection Improvement Ac- lection action is warranted. The Secretary count.’’. may, in accordance with section 6050P of managed by the Secretary of the Treasury, title 26, United States Code, report to the In- who shall ensure that programs are carried Subpart G—Tax Refund Offset Authority ternal Revenue Service on behalf of the cred- with the amounts described in subsection (b) SEC. 5271. OFFSET OF TAX REFUND PAYMENT BY itor agency any claims that have been dis- and with allocations described in subsection DISBURSING OFFICIALS. charged within the meaning of such action. (c). Section 3720A(h) of title 31, United States ‘‘(7) At the end of each calendar year, the ‘‘(b)(1) Not later than 30 days after the end Code, is amended to read as follows: head of an executive, legislative, or judicial of a fiscal year, an agency other than the De- ‘‘(h)(1) The term ‘Secretary of the Treas- agency which, regarding a claim owed to the partment of Justice is authorized to transfer ury’ may include the disbursing official of agency, is required to report a discharge of to the Account a dividend not to exceed five the Department of the Treasury. indebtedness as income under the 6050P of percent of the debt collection improvement ‘‘(2) The disbursing official of the Depart- title 26, United States Code, shall either amount as described in paragraph (3). ment of the Treasury— complete the appropriate form 1099 or submit ‘‘(2) Agency transfers to the Account may ‘‘(A) shall notify a taxpayer in writing of— to the Secretary of the Treasury such infor- include collections from— ‘‘(i) the occurrence of an offset to satisfy a mation as is necessary for the Secretary of ‘‘(A) salary, administrative and tax refer- past-due legally enforceable non-tax debt; the Treasury to complete the appropriate ral off-sets; ‘‘(ii) the identity of the creditor agency re- ‘‘(B) automated levy authority; form 1099. The Secretary of the Treasury questing the offset; and ‘‘(C) the Department of Justice; and shall incorporate this information into the ‘‘(iii) a contact point within the creditor ‘‘(D) private collection agencies. appropriate form and submit the information agency that will handle concerns regarding ‘‘(3) For purposes of this section, the term to the taxpayer and Internal Revenue Serv- the offset; ‘debt collection improvement amount’ ice. ‘‘(B) shall notify the Internal Revenue means the amount by which the collection of ‘‘(8) To carry out the purposes of this sub- Service on a weekly basis of— delinquent debt with respect to a particular section, the Secretary of the Treasury is au- ‘‘(i) the occurrence of an offset to satisfy a program during a fiscal year exceeds the de- thorized— past-due legally enforceable non-tax debt; linquent debt baseline for such program for ‘‘(A) to prescribe such rules, regulations, ‘‘(ii) the amount of such offset; and such fiscal year. The Office of Management and procedures as the Secretary deems nec- ‘‘(iii) any other information required by and Budget shall determine the baseline essary; and regulations; and from which increased collections are meas- ‘‘(B) to designate debt collection centers ‘‘(C) shall match payment records with re- ured over the prior fiscal year, taking into operated by other Federal agencies.’’. quests for offset by using a name control, account the recommendations made by the SEC. 5243. COMPROMISE OF CLAIMS. taxpayer identifying number (as defined in 26 Secretary of the Treasury in consultation U.S.C. 6109), and any other necessary identi- (a) Section 3711(a)(2) of title 31, United with creditor agencies. States Code, is amended by striking out ‘‘(c)(1) The Secretary of the Treasury is au- fiers.’’. ‘‘$20,000 (excluding interest)’’ and inserting thorized to make payments from the Ac- SEC. 5272. EXPANDING TAX REFUND OFFSET AU- in lieu thereof ‘‘$100,000 (excluding interest) count solely to reimburse agencies for quali- THORITY. or such higher amount as the Attorney Gen- fied expenses. For agencies with franchise (a) Section 3720A of title 31, United States eral may from time to time prescribe. funds, payments may be credited to sub- Code, is amended by adding after subsection (b) This section shall be effective as of Oc- accounts designated for debt collection. (h) the following new subsection: tober 1, 1995. ‘‘(2) For purposes of this paragraph, the ‘‘(i) An agency subject to section 9 of the Subpart E—Federal Civil Monetary term ‘qualified expenses’ means expenditures Act of May 18, 1933 (16 U.S.C. 831h) may im- Penalties for the improvement of tax administration plement this section at its discretion.’’. SEC. 5251. ADJUSTING FEDERAL CIVIL MONE- and agency debt collection and debt recovery (b) Section 6402(f) of title 26, United States TARY PENALTIES FOR INFLATION. activities including, but not limited to, ac- Code, is amended to read as follows: (a) The Federal Civil Penalties Inflation count servicing (including cross-servicing ’’(f) FEDERAL AGENCY.—For purposes of Adjustment Act of 1990 (Public Law 101–410, under section 502 of the Debt Collection Im- this section, the term ‘Federal agency’ 104 Stat. 890; 28 U.S.C. 2461 note) is amend- provement Act of 1996), automatic data proc- means a department, agency, or instrumen- ed— essing equipment acquisitions, delinquent tality of the United States, and includes a ‘‘(1) by amending section 4 to read as fol- debt collection, measures to minimize delin- government corporation (as such term is de- lows: quent debt, asset disposition, and training of fined in section 103 of title 5, United States ‘‘(SEC. 4. The head of each agency shall, personnel involved in credit and debt man- Code).’’. not later than 180 days after the date of en- agement. SEC. 5273. EXPANDING AUTHORITY TO COLLECT actment of the Debt Collection Improvement ‘‘(3) Payments made to agencies pursuant PAST-DUE SUPPORT. Act of 1996, and at least once every 4 years to paragraph (1) shall be in proportion to (a) Section 3720A(a) of title 31, United thereafter, by regulation adjust each civil their contributions to the Account. States Code, is amended to read as follows: monetary penalty provided by law within the ‘‘(4)(A) Amounts in the Account shall be ‘‘(a) Any Federal agency that is owed by a jurisdiction of the Federal agency, except for available to the Secretary of the Treasury to named person a past-due, legally enforceable any penalty under title 26, United States the extent and in the amounts provided in debt (including past-due support and debt ad- Code, by the inflation adjustment described advance in appropriation Acts, for purposes ministered by a third party acting as an under section 5 of this Act and publish each of this section. Such amounts are authorized agent for the Federal Government) shall, in such regulation in the Federal Register.’’; to be appropriated without fiscal year limi- accordance with regulations issued pursuant (2) in section 5(a), by striking ‘‘The adjust- tation. to subsections (b) and (d), notify the Sec- ment described under paragraphs (4) and ‘‘(B) As soon as practicable after the end of retary of the Treasury at least once a year of (5)(A) of section 4’’ and inserting ‘‘The infla- third fiscal year after which appropriations the amount of such debt.’’. tion adjustment’’; and are made pursuant to this section, and every (b) Section 464(a) of the Social Security (3) by adding at the end of the following 3 years thereafter, any unappropriated bal- Act (42 U.S.C. 664(a)) is amended— new section: ance in the account as determined by the (1) in paragraph (1), by adding at the end ‘‘SEC. 7. Any increase to a civil monetary Secretary of the Treasury in consultation thereof the following: ‘‘This subsection may penalty resulting from this Act shall apply with agencies, shall be transferred to the be implemented by the Secretary of the only to violations which occur after the date Treasury general fund as miscellaneous re- Treasury in accordance with section 3720A of any such increase takes effect.’’. ceipts. title 31, United States Code.’’; and (b) The initial adjustment of a civil mone- ‘‘(d) For direct loan and loan guarantee (2) in paragraph (2)(A), by adding at the tary penalty made pursuant to section 4 of programs subject to title V of the Congres- end thereof the following: ‘‘This subsection Federal Civil Penalties Inflation Adjustment sional Budget Act of 1974, amounts credited may be implemented by the Secretary of the Act of 1990 (as amended by subsection (a)) in accordance with subsection (c) shall be Treasury in accordance with section 3720A of may not exceed 10 percent of such penalty. considered administrative costs and shall title 31, United States Code.’’.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1880 CONGRESSIONAL RECORD — SENATE March 12, 1996 Subpart H—Definitions, Due Process Rights, ceivable managed by the head of the agen- other form of instrument under which any and Severability cy.’’; and interest in real property, including lease- SEC. 5281. TECHNICAL AMENDMENTS TO DEFINI- (B) in paragraph (3), by striking ‘‘Director’’ holds, life estates, reversionary interests, TIONS. and inserting ‘‘Secretary’’; and and any other estates under applicable law is Section 3701 of title 31, United States Code, (2) in subsection (b), by striking ‘‘Direc- conveyed or otherwise rendered subject to a is amended— tor’’ and inserting ‘‘Secretary’’. lien, for the purpose of securing the payment (1) by amending subsection (a)(1) to read as (d) Notwithstanding any other provision of of money or the performance of any other follows: law, the Secretary of the Treasury is author- obligation. ‘‘(1) ‘administrative offset’ means with- ized to consolidate all reports concerning ‘‘(8) ‘of record’ means an interest recorded holding money payable by the United States debt collection into one annual report. pursuant to Federal and State statutes that (including money payable by the United PART II—JUSTICE DEBT MANAGEMENT provide for official recording of deeds, mort- States on behalf of a State government) to, Subpart A—Private Attorneys gages and judgments, and that establish the or held by the United States for, a person to effect of such records as notices to creditors, SEC. 5301. EXPANDED USE OF PRIVATE ATTOR- purchasers, and other interested persons; satisfy a claim.’’; NEYS. (2) by amending subsection (b) to read as ‘‘(9) ‘owner’ means any person who has an (a) Section 3718(b)(1)(A) of title 31, United follows: ownership interest in property and includes States Code, is amended by striking the ‘‘(b)(1) The term ‘claim’ or ‘debt’ means heirs, devises, executors, administrators, and fourth sentence. any amount of money or property that has other personal representatives, and trustees (b) Sections 3 and 5 of the Federal Debt Re- been determined by an appropriate official of of testamentary trusts if the owners of covery Act (Public Law 99–578, 100 Stat. 3305) the Federal Government to be owed to the record is deceased; are hereby repealed. United States by a person, organization, or ‘‘(10) ‘sale’ means a sale conducted pursu- entity other than another Federal agency. A Subpart B—Nonjudicial Foreclosure ant to this subchapter, unless the context re- claim includes, without limitation, money SEC. 5311. NONJUDICIAL FORECLOSURE quires otherwise; and owed on account of loans insured or guaran- OF MORTGAGES. ‘‘(11) ‘security property’ means real prop- teed by the Government, non-appropriated Chapter 176 of title 28 of the United States erty, or any interest in real property includ- funds, over-payments, any amount the Code is amended by adding at the end thereof ing leaseholds, life estates, reversionary in- United States is authorized by statute to the following: terests, and any other estates under applica- collect for the benefit of any person, and ‘‘SUBCHAPTER E—NONJUDICIAL ble State law that secure a mortgage. other amounts of money or property due the FORECLOSURE ‘‘§ 3402. Rules of construction Government. ‘‘(a) IN GENERAL.—If an agency head elects ‘‘(2) For purposes of section 3716 of this ‘‘Sec. to proceed under this subchapter, this sub- title, the term ‘claim’ also includes an ‘‘3401. Definitions. ‘‘3402. Rules of construction. chapter shall apply and the provisions of this amount of money or property owed by a per- ‘‘3403. Election of procedure. subchapter shall govern in the event of a son to a State, the District of Columbia, ‘‘3404. Designation of foreclosure trustee. conflict with any other provision of Federal American Samoa, the United States Virgin ‘‘3405. Notice of foreclosure sale; statute of law or State law. Islands, the Commonwealth of the Northern limitations. ‘‘(b) LIMITATION.—This subchapter shall Mariana Islands, or the Commonwealth of ‘‘3406. Service of notice of foreclosure sale. not be construed to supersede or modify the Puerto Rico where there is also a Federal ‘‘3407. Cancellation of foreclosure sale. operation of— monetary interest or in cases of court or- ‘‘3408. Stay. ‘‘(1) the lease-back/buy-back provisions dered child support.’’; and ‘‘3409. Conduct of sale: postponement. under section 1985 of title 7, United States (3) by adding after subsection (f) (as added ‘‘3410. Transfer of title and possession. Code, or regulations promulgated there- in section 5202(a)) the following new sub- ‘‘3411. Record of foreclosure and sale. under; or section: ‘‘(g) In section 3716 of this title— ‘‘3412. Effect of sale. ‘‘(1) ‘creditor agency’ means any entity ‘‘(2) The Multifamily Mortgage Fore- ‘‘3413. Disposition of sale proceeds. closure Act of 1981 (chapter 38 of title 12, owed a claim that seeks to collect that claim ‘‘3414. Deficiency judgment. through administrative offset; and United States Code). ‘‘(2) ‘payment certifying agency’ means ‘‘§ 3401. Definitions ‘‘(c) EFFECT ON OTHER LAWS.—This sub- any Federal department, agency, or instru- ‘‘As used in this subchapter— chapter shall not be construed to curtail or mentality and government corporation, that ‘‘(1) ‘agency’ means— limit the rights of the United States or any has transmitted a voucher to a disbursing of- ‘‘(A) an executive department as defined in of its agencies— ficial for disbursement.’’. section 101 of title 5, United States Code; ‘‘(1) to forclose a mortgage under any other ‘‘(B) an independent establishment as de- provision of Federal law or State law; or SEC. 5282. SEVERABILITY. fined in section 104 of title 5, United States ‘‘(2) to enforce any right under Federal law If any provision of this title, or the amend- Code (except that it shall not include the or State law in lieu of or in addition to fore- ments made by this title, or the application General Accounting Office); closure, including any right to obtain a mon- of any provision to any entity, person, or cir- ‘‘(C) a military department as defined in etary judgment. cumstance is for any reason adjudged by a section 102 of title 5, United States Code; and ‘‘(d) APPLICATION TO MORTGAGES.—The pro- court of competent jurisdiction to be invalid, ‘‘(D) a wholly owned government corpora- visions of this subchapter may be used to the remainder of this title, and the amend- tion as defined in section 9101(3) of title 31, foreclose any mortgage, whether executed ments made by this title, or its application United States Code; prior or subsequent to the effective date of shall not be affected. ‘‘(2) ‘agency head’ means the head and any this subchapter. Subpart I—Reporting assistant head of an agency, and may upon ‘‘§ 3403. Election of procedure SEC. 5291. MONITORING AND REPORTING. the designation by the head of an agency in- ‘‘(a) SECURITY PROPERTY SUBJECT TO FORE- (a) the Secretary of the Treasury, in con- clude the chief official of any principal divi- CLOSURE.—An agency head may foreclose a sultation with concerned Federal agencies, is sion of an agency or any other employee of mortgage upon the breach of a covenant or authorized to establish guidelines, including an agency; condition in a debt instrument or mortgage ‘‘(3) ‘bona fide purchaser’ means a pur- information on outstanding debt, to assist for which acceleration or foreclosure is au- chaser for value in good faith and without agencies in the performance and monitoring thorized. Any agency head may not institute notice of any adverse claim who acquires the of debt collection activities. foreclosure proceedings on the mortgage (b) Not later than three years after the seller’s interest free of any adverse claim; under any other provision of law, or refer date of enactment of this Act, the Secretary ‘‘(4) ‘debt instrument’ means a note, mort- such mortgage for litigation, during the of the Treasury shall report to the Congress gage bond, guaranty or other instrument pendency of foreclosure proceedings pursu- on collection services provided by Federal creating a debt or other obligation, including ant to this subchapter. agencies or entities collecting debt on behalf any instrument incorporated by reference ‘‘(b) EFFECT OF CANCELLATION OF SALE.—If therein and any instrument or agreement of other Federal agencies under the authori- a foreclosure sale is canceled pursuant to amending or modifying a debt instrument; ties contained in section 3711(g) of title 31, section 3407, the agency head may thereafter ‘‘(5) ’file’ or ‘filing’ means docketing, in- United States Code. foreclose on the security property in any (c) Section 3719 of title 31, United States dexing, recording, or registering, or other re- manner authorized by law. Code, is amended— quirement for perfecting a mortgage or a (1) in subsection (a)— judgment; ‘‘§ 3404. Designation of foreclosure trustee (A) by amending the first sentence to read ‘‘(6) ‘foreclosure trustee’ means an indi- ‘‘(a) IN GENERAL.—An agency head shall as follows: ‘‘In consultation with the Comp- vidual partnership, association, or corpora- designate a foreclosure trustee who shall su- troller General, the Secretary of the Treas- tion, or an employee thereof, including a persede any trustee designated in the mort- ury shall prescribe regulations requiring the successor, appointed by the agency head to gage. A foreclosure trustee designated under head of each agency with outstanding non- conduct a foreclsoure sale pursuant to this this section shall have a nonjudicial power of tax claims to prepare and submit to the Sec- subchapter; sale pursuant to this subchapter. retary at least once a year a report summa- ‘‘(7) ‘mortgage’ means a deed of trust, deed ‘‘(b) DESIGNATION OF FORECLOSURE TRUST- rizing the status of loans and accounts re- to secure debt, security agreement, or any EE.—

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1881 ‘‘(1) Any agency head may designate as ‘‘(7) a statement that the foreclosure is ‘‘(B) performs any other obligation which foreclosure trustee— being conducted in accordance with this sub- would have been required in the absence of ‘‘(A) an officer or employee of the agency; chapter; any acceleration; and ‘‘(B) an individual who is a resident of the ‘‘(8) the types of costs, if any, to be paid by ‘‘(C) pays or tenders all costs of foreclosure State in which the security property is lo- the purchaser upon transfer of title; and incurred for which payment from the pro- cated; or ‘‘(9) the terms and conditions of sale, in- ceeds of the sale would be allowed; or ‘‘(C) a partnership, association, or corpora- cluding the method and time of payment of ‘‘(3) for any reason approved by the agency tion, provided such entity is authorized to the foreclosure purchase price. head. transact business under the laws of the State ‘‘§ 3406. Service of notice of foreclosure sale ‘‘(b) LIMITATION.—The debtor may not, without the approval of the agency head, in which the security property is located. ‘‘(a) RECORD NOTICE.—At least 21 days prior cure the default under subsection (a)(2) if, ‘‘(2) The agency head is authorized to enter to the date of the foreclosure sale, the notice within the preceding 12 months, the debtor into personal services and other contracts of foreclosure sale required by section 3405 has cured a default after being served with a not inconsistent with this subchapter. shall be filed in the manner authorized for notice of foreclosure sale pursuant to this ‘‘(c) METHOD OF DESIGNATION.—An agency filing a notice of an action concerning real subchapter. head shall designate the foreclosure trustee property according to the law of the State in writing. The foreclosure trustee may be ‘‘(c) NOTICE OF CANCELLATION.—The fore- where the security property is located or, if closure trustee shall file a notice of the can- designated by name, title, or position. An none, in the manner authorized by section agency head may designate one or more fore- cellation in the same place and manner pro- 3201 of this chapter. vided for the filing of the notice of fore- closure trustees for the purpose of pro- ‘‘(b) NOTICE BY MAIL.— closure sale under section 3406(a). ceeding with multiple foreclosures or a class ‘‘(1) At least 21 days prior to the date of of foreclosures. the foreclosure sale, the notice set forth in ‘‘§ 3048. Stay ‘‘(d) AVAILABILITY OF DESIGNATION.—An section 3405 shall be sent by registered or ‘‘If, prior to the time of sale, foreclosure agency head may designate such foreclosure certified mail, return receipt requested— proceedings under this subchapter are stayed trustees as the agency head deems necessary ‘‘(A) to the current owner of record of the in any manner, including the filing of bank- to carry out the purposes of this subchapter. security property as the record appears on ruptcy, no person may thereafter cure the ‘‘(e) MULTIPLE FORECLOSURE TRUSTEES AU- the date that the notice of foreclosure sale is default under the provisions of section THORIZED.—An agency head may designate recorded pursuant to subsection (a); 3407(a)(2). If the default is not cured at the multiple foreclosures trustees for different ‘‘(B) to all debtors, including the mort- time a stay is terminated, the foreclosure tracts of a secured property. gagor, assignees of the mortgagor and guar- trustee shall proceed to sell the security ‘‘(f) REMOVAL OF FORECLOSURE TRUSTEE; antors of the debt instrument; property as provided in this subchapter. SUCCESSOR FORECLOSURE TRUSTEES.—An ‘‘(C) to all persons having liens, interests ‘‘§ 3409. Conduct of sale; postponement agency head may, with or without cause or or encumbrances of record upon the security ‘‘(a) SALE PROCEDURES.—Foreclosure sale notice, remove a foreclosure trustee and des- property, as the record appears on the date pursuant to this subchapter shall be at pub- ignate a successor trustee as provided in this that the notice of foreclosure sale is recorded lic auction and shall be scheduled to begin at section. The foreclosure sale shall continue pursuant to subsection (a); and a time between the hours of 9:00 a.m. and 4:00 without prejudice notwithstanding the re- ‘‘(D) to any occupants of the security prop- p.m. local time. The foreclosure sale shall be moval of the foreclosure trustee and designa- erty. If the names of the occupants of the se- held at the location specified in the notice of tion of a successor foreclosure trustee. Noth- curity property are not known to the agency, foreclosure sale, which shall be a location ing in this section shall be construed to pro- or the security property has more than one where real estate foreclosure auctions are hibit a successor foreclosure trustee from dwelling unit, the notice shall be posted at customarily held in the county or one of the postponing the foreclosure sale in accord- the security property. counties in which the property to be sold is ance with this subchapter. ‘‘(2) The notice shall be sent to the debtor located or at a courthouse therein, or upon ‘‘§ 3405. Notice of foreclosure sale; statute of at the address, if any, set forth in the debt the property to be sold. Sale of security limitations instrument or mortgage as the place to property situated in two or more counties which notice is to be sent, and if different, to ‘‘(a) IN GENERAL.— may be held in any one of the counties in ‘‘(1) Not earlier than 21 days nor later than the debtor’s last known address as shown in which any part of the security property is ten years after acceleration of a debt instru- the mortgage record of the agency. The no- situated. The foreclosure trustee may des- ment or demand on a guaranty, the fore- tice shall be sent to any person other than ignate the order in which multiple tracts of closure trustee shall serve a notice of fore- the debtor to that person’s address of record security property are sold. closure sale in accordance with this sub- or, if there is no address of record, to any ad- ‘‘(b) BIDDING REQUIREMENTS.—Written one- chapter. dress at which the agency in good faith be- price sealed bids shall be accepted by the ‘‘(2) For purposes of computing the time lieves the notice is likely to come to that foreclosure trustee, if submitted by the agen- period under paragraph (1), there shall be ex- person’s attention. cy head or other persons for entry by an- cluded all periods during which there is in ef- ‘‘(3) Notice by mail pursuant to this sub- nouncement by the foreclosure trustee at the fect— section shall be effective upon mailing. sale. The sealed bids shall be submitted in ‘‘(A) a judicially imposed stay of fore- ‘‘(c) NOTICE BY PUBLICATION.—The notice of accordance with the terms set forth in the closure; or the foreclosure sale shall be published at notice of foreclosure sale. The agency head ‘‘(B) a stay imposed by section 362 of title least once a week for each of three succes- or any other person may bid at the fore- 11, United States Code. sive weeks prior to the sale in at least one closure sale, even if the agency head or other ‘‘(3) In the event of partial payment or newspaper of general circulation in any person previously submitted a written one- written acknowledgement of the debt after county or counties in which the security price bid. The agency head may bid a credit acceleration of the debt instrument, the property is located. If there is no newspaper against the debt due without the tender or right to foreclosure shall be deemed to ac- published at least weekly that has a general payment of cash. The foreclosure trustee crue again at the time of each such payment circulation in at least one county in which may serve as auctioneer, or may employ an or acknowledgement. the security property is located, copies of auctioneer who may be paid from the sale the notice of foreclosure sale shall instead be ‘‘(b) NOTICE OF FORECLOSURE SALE.—The proceeds. If an auctioneer is employed, the notice of foreclosure sale shall include— posted at least 21 days prior to the sale at foreclosure trustee is not required to attend ‘‘(1) the name, title, and business address the courthouse of any county or counties in the sale. The foreclosure trustee or an auc- of the foreclosure trustee as of the date of which the property is located and the place tioneer may bid as directed by the agency the notice; where the sale is to be held. head. ‘‘(2) the names of the original parties to ‘‘§ 3407. Cancellation of foreclosure sale ‘‘(c) POSTPONEMENT OF SALE.—The fore- the debt instrument and the mortgage, and ‘‘(a) IN GENERAL.—At any time prior to the closure trustee shall have discretion, prior to any assignees of the mortgagor of record; foreclosure sale, the foreclosure trustee shall or at the time of sale, to postpone the fore- ‘‘(3) the street address or location of the cancel the sale— closure sale. The foreclosure trustee may security property, and a generally accepted ‘‘(1) if the debtor or the holder of any sub- postpone a sale to a later hour the same day designation used to describe the security ordinate interest in the security property by announcing or posting the new time and property, or so much thereof as is to be of- tenders the performance due under the debt place of the foreclosure sale at the time and fered for sale, sufficient to identify the prop- instrument and mortgage, including any place originally scheduled for the foreclosure erty to be sold; amounts due because of the exercise of the sale. The foreclosure trustee may instead ‘‘(4) the date of the mortgage, the office in right to accelerate, and the expenses of pro- postpone the foreclosure sale for not fewer which the mortgage is filed, and the location ceeding to foreclosure incurred to the time than 9 nor more than 31 days, by serving no- of the filing of the mortgage; of tender; tice that the foreclosure sale has been post- ‘‘(5) the default or defaults upon which ‘‘(2) if the security property is a dwelling poned to a specified date, and the notice may foreclosure is based, and the date of the ac- of four units or fewer, and the debtor— include any revisions the foreclosure trustee celeration of the debt instrument; ‘‘(A) pays or tenders all sums which would deems appropriate. The notice shall be ‘‘(6) the date, time, and place of the fore- have been due at the time of tender in the served by publication, mailing, and posting closure sale; absence of any acceleration; in accordance with section 3406 (b) and (c),

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1882 CONGRESSIONAL RECORD — SENATE March 12, 1996

except that publication may be made on any ‘‘(f) PROHIBITION OF IMPOSITION OF TAX ON ‘‘(B) the amounts described in subpara- of three separate days prior to the new date CONVEYANCE BY THE UNITED STATES OR AGEN- graph (A)(i) shall be computed on the gross of the foreclosure sale, and mailing may be CY THEREOF—No tax, or fee in the nature of proceeds of all security property sold at a made at any time at least 7 days prior to the a tax, for the transfer of title to the security single sale; new date of the foreclosure sale. property by the foreclosure trustee’s deed ‘‘(2) to pay the expense of any auctioneer ‘‘(d) LIABILITY OF SUCCESSFUL BIDDER WHO shall be imposed upon or collected from the employed by the foreclosure trustee, if any, FAILS TO COMPLY.—The foreclosure trustee foreclosure trustee or the purchaser by any except that the commission payable to the may require a bidder to make a cash deposit State or political subdivision thereof. foreclosure trustee pursuant to paragraph (1) before the bid is accepted. The amount or ‘‘§ 3411. Record of foreclosure and sale shall be reduced by the amount paid to an percentage of the cash deposit shall be stated auctioneer, unless the agency head deter- ‘‘(a) RECITAL REQUIREMENTS.—The fore- by the foreclosure trustee in the notice of mines that such reduction would adversely closure trustee shall recite in the deed to the foreclosure sale. A successful bidder at the affect the ability of the agency head to re- purchaser, or in an addendum to the fore- foreclosure sale who fails to comply with the tain qualified foreclosure trustees or auc- closure trustee’s deed, or shall prepare an af- terms of the sale shall forfeit the cash de- tioneers; fidavit stating— posit or, at the election of the foreclosure ‘‘(3) to pay for the costs of foreclosure, in- ‘‘(1) the date, time, and place of sale; trustee, shall be liable to the agency on a cluding— ‘‘(2) the date of the mortgage, the office in subsequent sale of the property for all net ‘‘(A) reasonable and necessary advertising which the mortgage is filed, and the location losses incurred by the agency as a result of costs and postage incurred in giving notice of the filing of the mortgage; such failure. pursuant to section 3406; ‘‘(3) the persons served with the notice of ‘‘(e) EFFECT OF SALE.—Any foreclosure sale ‘‘(B) mileage for posting notices and for foreclosure sale; held in accordance with this subchapter shall the foreclosure trustee’s or auctioneer’s at- ‘‘(4) the date and place of filing of the no- be conclusively presumed to have been con- tendance at the sale at the rate provided in tice of foreclosure sale under section 3406(a); ducted in a legal, fair, and commercially rea- section 1921 of title 28, United States Code, ‘‘(5) that the foreclosure was conducted in sonable manner. The sale price shall be con- for mileage by the most reasonable road dis- accordance with the provisions of this sub- clusively presumed to constitute the reason- tance; chapter; and ably equivalent value of the security prop- ‘‘(C) reasonable and necessary costs actu- ‘‘(6) the sale amount. erty. ally incurred in connection with any search ‘‘(b) EFFECT OF RECITALS.—The recitals set of title and lien records; and ‘‘§ 3410. Transfer of title and possession forth in subsection (a) shall be prima facie ‘‘(D) necessary costs incurred by the fore- ‘‘(a) DEED.—After receipt of the purchase evidence of the truth of such recitals. Com- closure trustee to file documents; price in accordance with the terms of the pliance with the requirements of subsection ‘‘(4) to pay valid real property tax liens or sale as provided in the notice of foreclosure (a) shall create a conclusive presumption of assessments, if required by the notice of sale, the foreclosure trustee shall execute the validity of the sale in favor of bona fide foreclosure sale; and deliver to the purchaser a deed con- purchasers and encumbrancers for value ‘‘(5) to pay any liens senior to the mort- veying the security property to the pur- without notice. gage, if required by the notice of foreclosure chaser that grants and conveys title to the ‘‘(c) DEED TO BE ACCEPTED FOR FILING.— sale; security property without warranty or cov- The register of deeds or other appropriate of- ‘‘(6) to pay service charges and advance- enants to the purchaser. The execution of ficial of the county or counties where real ments for taxes, assessments, and property the foreclosure trustee’s deed shall have the estate deeds are regularly filed shall accept insurance premiums; and effect of conveying all of the right, title, and for filing and shall file the foreclosure trust- ‘‘(7) to pay late charges and other adminis- interest in the security property covered by ee’s deed and affidavit, if any, and any other trative costs and the principal and interest the mortgage. Notwithstanding any other instruments submitted for filing in relation balances secured by the mortgage, including law to the contrary, the foreclosure trustee’s to the foreclosure of the security property expenditures for the necessary protection, deed shall be a conveyance of the security under this subchapter. preservation, and repair of the security prop- property and not a quitclaim. No judicial ‘‘§ 3412. Effect of sale erty as authorized under the debt instrument proceeding shall be required ancillary or sup- ‘‘A sale conducted under this subchapter to or mortgage and interest thereon if provided plementary to the procedures provided in a bona fide purchaser shall bar all claims for in the debt instrument or mortgage, pur- this subchapter to establish the validity of upon the security property by— suant to the agency’s procedure. the conveyance. ‘‘(1) any person to whom the notice of fore- ‘‘(b) INSUFFICIENT PROCEEDS.—In the event ‘‘(b) DEATH OF PURCHASER PRIOR TO CON- closure sale was mailed as provided in this there are no proceeds of sale or the proceeds SUMMATION OF SALE.—If a purchaser dies be- subchapter who claims an interest in the are insufficient to pay the costs and expenses fore execution and delivery of the deed con- property subordinate to that of the mort- set forth in subsection (a), the agency head veying the security property to the pur- gage, and the heir, devisee, executor, admin- shall pay such costs and expenses as author- chaser, the foreclosure trustee shall execute istrator, successor, or assignee claiming ized by applicable law. and deliver the deed to the representative of under any such person; ‘‘(c) SURPLUS MONIES.— the purchaser’s estate upon payment of the ‘‘(2) any person claiming any interest in ‘‘(1) After making the payments required purchase price in accordance with the terms the property subordinate to that of the by subsection (a), the foreclosure trustee of sale. Such delivery to the representative mortgage, if such person had actual knowl- shall— of the purchaser’s estate shall have the same edge of the sale; ‘‘(A) distribute any surplus to pay liens in effect as if accomplished during the lifetime ‘‘(3) any person so claiming, whose assign- the order of priority under Federal law or of the purchaser. ment, mortgage, or other conveyance was the law of the State where the security prop- ‘‘(c) PURCHASER CONSIDERED BONA FIDE not filed in the proper place for filing, or erty is located; and PURCHASER WITHOUT NOTICE.—The purchaser whose judgment or decree was not filed in ‘‘(B) pay to the person who was the owner of property under this subchapter shall be the proper place for filing, prior to the date of record on the date the notice of fore- presumed to be a bona fide purchaser with- of filing of the notice of foreclosure sale as closure sale was filed the balance, if any, out notice of defects, if any, in the title con- required by section 3406(a), and the heir, dev- after any payments made pursuant to para- veyed to the purchaser. isee, executor, administrator, successor, or graph (1). ‘‘(d) POSSESSION BY PURCHASER; CONTINUING assignee of such a person; or ‘‘(2) If the person to whom such surplus is INTERESTS.—A purchaser at a foreclosure ‘‘(4) any other person claiming under a to be paid cannot be located, or if the surplus sale conducted pursuant to this subchapter statutory lien or encumbrance not required available is insufficient to pay claimants and shall be entitled to possession upon passage to be filed and attaching to the title or inter- the claimants cannot agree on the distribu- of title to the security property, subject to est of any person designated in any of the tion of the surplus, that portion of the sale any interest or interests senior to that of the foregoing subsections of this section. proceeds may be deposited by the foreclosure mortgage. The right to possession of any per- trustee with an appropriate official author- son without an interest senior to the mort- ‘‘§ 3413. Disposition of sale proceeds ized under law to receive funds under such gage who is in possession of the property ‘‘(a) DISTRIBUTION OF SALE PROCEEDS.—The circumstances. If such a procedure for the shall terminate immediately upon the pas- foreclosure trustee shall distribute the pro- deposit of disputed funds is not available, sage of title to the security property, and ceeds of the foreclosure sale in the following and the foreclosure trustee files a bill of the person shall vacate the security property order— interpleader or is sued as a stakeholder to immediately. The purchaser shall be entitled ‘‘(1)(A) to pay the commission of the fore- determine entitlement to such funds, the to take any steps available under Federal closure trustee, other than an agency em- foreclosure trustee’s necessary costs in tak- law or State law to obtain possession. ployee, the greater of— ing or defending such action shall be de- ‘‘(e) RIGHT OF REDEMPTION; RIGHT OF POS- ‘‘(i) the sum of— ducted first from the disputed funds. SESSION.—This subchapter shall preempt all ‘‘(I) 3 percent of the first $1,000 collected, Federal and State rights of redemption, stat- plus ‘‘§ 3414. Deficiency judgment utory, or common law. Upon conclusion of ‘‘(II) 1.5 percent on the excess of any sum ‘‘(a) IN GENERAL.—If after deducting the the public auction of the security property, collected over $1,000; or disbursements described in section 3413, the no person shall have a right of redemption. ‘‘(ii) $250; and price at which the security property is sold

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1883 at a foreclosure sale is insufficient to pay gency Deficit Control Act of 1985, as amend- years shall be fined under this title or im- the unpaid balance of the debt secured by the ed, is transmitted to Congress. prisoned not more than 5 years, or both. security property, counsel for the United DEPARTMENT OF THE TREASURY ‘‘(b) A surgical operation is not a violation States may commence an action or actions of this section if the operation is— DEPARTMENTAL OFFICES against any or all debtors to recover the de- ‘‘(1) necessary to the health of the person ficiency, unless specifically prohibited by SALARIES AND EXPENSES on whom it is performed, and is performed by the mortgage. The United States is also enti- For an additional amount for emergency a person licensed in the place of its perform- tled to recover any amount authorized by expenses necessary to enhance the Office of ance as a medical practitioner; or section 3011 and costs of the action. Foreign Assets Control’s efforts in the ‘‘(2) performed on a person in labor or who ‘‘(b) LIMITATION.—Any action commenced United States to combat Middle Eastern ter- has just given birth and is performed for to recover the deficiency shall be brought rorism, $3,000,000, to remain available until medical purposes connected with that labor within 6 years of the last sale of security expended: Provided, That such activities or birth by a person licensed in the place it property. shall include efforts to enforce Executive is performed as a medical practitioner, or ‘‘(c) CREDITS.—The amount payable by a Order 12947 (‘‘Prohibiting Transactions with midwife, or person in training to become private mortgage guaranty insurer shall be Terrorists Who Threaten to Disrupt the Mid- such a practitioner or midwife. credited to the account of the debtor prior to dle East Peace Process’’) to prevent fund- ‘‘(c) In applying subsection (b)(1), no ac- the commencement of an action for any defi- raising in the United States on the behalf of count shall be taken of the effect on the per- ciency owed by the debtor. Nothing in this organizations that support terror to under- son on whom the operation is to be per- subsection shall curtail or limit the subroga- mine the peace process: Provided further, formed of any belief on the part of that or tion rights of a private mortgage guaranty That the entire amount is hereby designated any other person that the operation is re- insurer.’’. by Congress as an emergency requirement quired as a matter of custom or ritual. CHAPTER 3—SPENDING DESIGNATION pursuant to section 251(b)(2)(D)(I) of the Bal- ‘‘(d) Whoever knowingly denies to any per- anced Budget Act and Emergency Deficit son medical care or services or otherwise dis- SEC. 5501. EMERGENCY DESIGNATION. Control Act of 1985, as amended: Provided fur- criminates against any person in the provi- Congress hereby designates all amounts in ther, That the entire amount shall be avail- sion of medical care or services, because— this entire title as emergency requirements able only to the extent an official budget re- ‘‘(1) that person has undergone female cir- for all purposes of the Balanced Budget and quest, for a specific dollar amount, that in- cumcision, excision, or infibulation; or Emergency Deficit Control Act of 1985: Pro- cludes designation of the entire amount of ‘‘(2) that person has requested that female vided, That these amounts shall only be the request as an emergency requirement as circumcision, excision, or infibulation be available to the extent an official budget re- defined in the Balanced Budget and Emer- performed on any person; quest for a specific dollar amount that in- gency Deficit Control Act of 1985, as amend- shall be fined under this title or imprisoned cludes designation of the entire amount of ed, is transmitted to Congress. the request as an emergency requirement as not more than one year, or both.’’. (2) The table of sections at the beginning of defined in the Balanced Budget and Emer- REID AMENDMENT NO. 3477 gency Deficit Control Act of 1985 is trans- chapter 7 of title 18, United States Code, is mitted by the President to Congress. Mr. GREGG (for Mr. REID) proposed amended by adding at the end the following an amendment to amendment No. 3466 new item: ‘‘116. Female genital mutilation.’’. GREGG AMENDMENT NO. 3475 proposed by Mr. HATFIELD to the bill H.R. 3019, supra; as follows: (e)(1) The Secretary of Health and Human Mr. GREGG proposed an amendment Services shall do the following: At the appropriate place under the heading (A) Compile data on the number of females to amendment No. 3474 proposed by Mr. of ‘‘General Provisions’’ at the end of the living in the United States who have been HOLLINGS to amendment No. 3466 pro- bill, insert the following new section: subjected to female genital mutilation posed by Mr. HATFIELD to the H.R. 3019, SEC. ——. (a) This section may be cited as supra; as follows: the ‘‘Federal Prohibition of Female Genital (whether in the United States or in their Mutilation Act of 1996’’. countries of origin), including a specification Strike chapter 3 of the pending amendment of the number of girls under the age of 18 in its entirety. (b) Congress finds that— (1) the practice of female genital mutila- who have been subjected to such mutilation. tion is carried out by members of certain (B) Identify communities in the United LAUTENBERG (AND OTHERS) cultural and religious groups within the States that practice female genital mutila- AMENDMENT NO. 3476 United States; tion, and design and carry out outreach ac- (2) the practice of female genital mutila- tivities to educate individuals in the commu- Mr. GREGG (for Mr. LAUTENBERG, for tion often results in the occurrence of phys- nities on the physical and psychological himself, Mr. HOLLINGS, and Mr. KERRY) ical and psychological health effects that health effects of such practice. Such out- proposed an amendment to amendment harm the women involved; reach activities shall be designed and imple- No. 3466 proposed by Mr. HATFIELD to (3) such mutilation infringes upon the mented in collaboration with representatives the bill H.R. 3019, supra; as follows: guarantees of rights secured by Federal and of the ethnic groups practicing such mutila- tion and with representatives of organiza- At the appropriate place in title II of the State law, both statutory and constitu- tions with expertise in preventing such prac- Hatfield substitute amendment, insert the tional; tice. following new sections: (4) the unique circumstances surrounding the practice of female genital mutilation (C) Develop recommendations for the edu- DEPARTMENT OF JUSTICE place it beyond the ability of any single cation of students of schools of medicine and FEDERAL BUREAU OF INVESTIGATION State or local jurisdiction to control; osteopathic medicine regarding female gen- SALARIES AND EXPENSES (5) the practice of female genital mutila- ital mutilation and complications arising from such mutilation. Such recommenda- For an additional amount for emergency tion can be prohibited without abridging the tions shall be disseminated to such schools. expenses necessary to enhance the Federal exercise of any rights guaranteed under the (2) For purposes of this subsection, the Bureau of Investigation’s efforts in the First Amendment to the Constitution or term ‘‘female genital mutilation’’ means the United States to combat Middle Eastern Ter- under any other law; and removal or infibulation (or both) of the rorism, $7,000,000, to remain available until (6) Congress has the affirmative power whole or part of the clitoris, the labia minor, expended: Provided, That such activities under section 8 of article I of the Constitu- or the labia major. shall include efforts to enforce Executive tion, as well as under section 5 of the Four- (f) Subsection (e) shall take effect on the Order 12947 (‘‘Prohibiting Transactions with teenth Amendment to the Constitution, to date of enactment of this Act, and the Sec- Terrorists Who Threaten to Disrupt the Mid- enact such legislation. retary of Health and Human Services shall dle East Peace Process’’) to prevent fund- (c) It is the purpose of this section to pro- commence carrying out such section not raising in the United States on the behalf of tect and promote the public safety and later than 90 days after the date of the enact- organizations that support terror to under- health and activities affecting interstate ment of this Act. Subsection (d) shall take mine the peace process: Provided further, commerce by establishing Federal criminal effect on the date that is 180 days after the That the entire amount is hereby designated penalties for the performance of female gen- date of the enactment of this Act. by Congress as an emergency requirement ital mutilation. pursuant to section 251(b)(2)(D)(I) of the Bal- (d)(1) Chapter 7 of title 18, United States anced Budget Act and Emergency Deficit Code, is amended by adding at the end the REID (AND OTHERS) AMENDMENT Control Act of 1985, as amended: Provided fur- following new section: NO. 3478 ther, That the entire amount shall be avail- ‘‘§ 116. Female genital mutilation Mr. REID (for himself, Mr. LAUTEN- able only to the extent an official budget re- ‘‘(a) Except as provided in subsection (b), quest, for a specific dollar amount, that in- whoever knowingly circumcises, excises, or BERG, Mr. LIEBERMAN, Mr. GRAHAM, cludes designation of the entire amount of infibulates the whole or any part of the labia Mrs. BOXER, Mr. MOYNIHAN, and Mr. the request as an emergency requirement as majora or labia minora or clitoris of another AKAKA) proposed an amendment to defined in the Balanced Budget and Emer- person who has not attained the age of 18 amendment No. 3466 proposed by Mr.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1884 CONGRESSIONAL RECORD — SENATE March 12, 1996 HATFIELD to the bill H.R. 3019, supra; as mittee on Armed Services be author- allow American farmers to grow for the follows: ized to meet at 9:30 a.m. on Tuesday, global market rather than for the Fed- On page 75, strike lines 1 through 9. March 12, 1996, in open session, to re- eral Government. The bill would elimi- On page 412, line 23, strike ‘‘$497,670,000’’ ceive testimony on the Defense author- nate supply control programs and re- and insert ‘‘$501,420,000’’. ization request for fiscal year 1997 and quirements that farmers plant specific On page 412, line 24, after ‘‘1997,’’, insert crops to preserve historical crop bases the following: ‘‘of which $4,500,000 shall be the future years Defense plan. available for species listings under section 4 The PRESIDING OFFICER. Without used to determine Government pay- of the Endangered Species Act of 1973 (16 objection, it is so ordered. ments. These are very positive steps U.S.C. 1533),’’. COMMITTEE ON ARMED SERVICES toward a free market in agriculture. On page 413, strike ‘‘1997:’’ on line 11 and Mr. D’AMATO. Mr. President, I ask Time after time, Michigan farmers all that follows through line 20 and insert have told me that they do not want to ‘‘1997.’’. unanimous consent that the Com- mittee on Armed Services be author- grow for the Government—they want On page 461, line 24, strike ‘‘$1,255,005,000’’ to grow for the marketplace. By extri- and insert ‘‘$1,251,255,000’’. ized to meet at 5 p.m. on Tuesday, On page 462, line 5, before the colon, insert March 12, 1996, in executive session, to cating Michigan’s farmers from bu- the following: ‘‘, of which not more than consider Tailhook and related nomina- reaucratic planting requirements, the $81,250,000 shall be available for travel ex- tions. Freedom to Farm provisions in this bill penses’’. The PRESIDING OFFICER. Without will allow them to produce to meet objection, it is so ordered. consumer demand. HUTCHISON (AND KEMPTHORNE) I would like to discuss an important AMENDMENT NO. 3479 COMMITTEE ON GOVERNMENTAL AFFAIRS change which was made in this bill be- Mr. D’AMATO. Mr. President, I ask Mrs. HUTCHISON (for herself and fore it was brought to the Senate floor. unanimous consent on behalf of the Mr. KEMPTHORNE) proposed an amend- Many Michigan fruit and vegetable ment to amendment No. 3478 proposed Governmental Affairs Committee to growers were concerned about a provi- meet on Tuesday, March 12, at 9 a.m. by Mr. REID to amendment No. 3466 sion originally included in the Free- for a hearing on the subject of human proposed by Mr. HATFIELD to the bill dom to Farm language which would H.R. 3019, supra; as follows: radiation experiments. have allowed farmers receiving Govern- The PRESIDING OFFICER. Without In the language proposed to be stricken, on ment payments to grow fruits and page 75, insert the following: ‘‘Provided fur- objection, it is so ordered. vegetables on their land. In effect, had ther, That no monies appropriated under this SUBCOMMITTEE ON YOUTH VIOLENCE this been implemented, farmers receiv- Act or any other law shall be used by the Mr. D’AMATO. Mr. President, I ask ing subsidies would have been able to Secretary of Commerce to issue final deter- unanimous consent that the Sub- plant nonsubsidized crops. This would minations under subsections (a), (b), (c), (e), committee on the Youth Violence of have put those fruit and vegetable (g) or (i) of section 4 of the Endangered Spe- cies Act of 1973 (16 U.S.C. 1533), until such the Committee on the Judiciary, be au- farmers who have been growing for the time as legislation reauthorizing the Act is thorized to meet during the session of market without Government interven- enacted or until the end of fiscal year 1996, the Senate on Tuesday, March 12, 1996, tion at a disadvantage. Fruit and vege- whichever is earlier, except that monies ap- at 10 a.m., in the Senate Dirksen Build- table farmers who had never received propriated under this Act may be used to ing, Room 226, to hold a hearing on subsidies would have been competing delist or reclassify species pursuant to sub- funding youth violence programs: against subsidized farmers. Members of sections 4(a)(2)(B), 4(c)(2)(B)(I), and should the strings be cut? the committee corrected this problem 4(c)(2)(B)(ii) of the Endangered Species Act, The PRESIDING OFFICER. Without and may be used to issue emergency listings before Senate floor consideration. The under section 4(b)(7) of the Endangered Spe- objection, it is so ordered. bill which passed the Senate maintains cies Act.’’ SUBCOMMITTEE ON AFRICAN AFFAIRS current policy which does not allow On page 412, lines 23, strike ‘‘$497,670,000’’ Mr. D’AMATO. Mr. President, I ask nonprogram crops to be grown on con- and insert ‘‘$407,670,001’’. unanimous consent that the Sub- tract acres. On page 412, lines 24, after ‘‘1997,’’, insert During consideration of the farm bill, the following: ‘‘of which $750,001 shall be committee on African Affairs of the Senator WELLSTONE offered an amend- available for species listings under section 4 Committee on Foreign Relations be au- of the Endangered Species Act of 1973 (16 thorized to meet during the session of ment to delete language in the bill U.S.C. 1533),’’. the Senate on Tuesday, March 12, 1996, which provided congressional consent In the language proposed to be stricken, at 2 p.m. to hold hearing. for the Northeast dairy compact. This strike all after the word 1997 on page 413, line The PRESIDING OFFICER. Without compact would allow member States to 11, through the word Act on page 413, line 20, objection, it is so ordered. set the price for fluid milk above the and insert the following: ‘‘Provided further, existing Federal order. Thus, the com- f That no monies appropriated under this Act pact would have been an additional or any other law shall be used by the Sec- ADDITIONAL STATEMENTS retary of the Interior to issue final deter- step away from free market competi- minations under subsections (a), (b), (c), (e), tion in that it would establish a sub- sidy within a subsidized industry. Not (g) or (i) of section 4 of the Endangered Spe- FREEDOM TO FARM cies Act of 1973 (16 U.S.C. 1533), until such only would the compact raise the price time as legislation reauthorizing the Act is ∑ Mr. ABRAHAM. Mr. President, after of milk among the New England enacted or until the end of fiscal year 1996, months of discussion and debate on States, it would set a disturbing prece- whichever is earlier, except that monies ap- farm legislation, I was pleased that the dent by allowing States to insulate propriated under this Act may be used to Senate passed a farm bill Thursday, themselves from competition. Mr. delist or reclassify species pursuant to sub- February 7, which implements revolu- sections 4(a)(2)(B), 4(c)(2)(B)(I), and President, in this farm bill which at- 4(c)(2)(B)(ii) of the Endangered Species Act, tionary steps toward a free market ag- tempts to move the United States to- and may be used to issue emergency listings riculture system. With farmers begin- ward free market agriculture, the under section 4(b)(7) of the Endangered Spe- ning to plan for the upcoming growing Northeast dairy compact would have cies Act.’’ season, the urgency to pass a farm bill been a dangerous step backward. I was On page 461, lines 24, strike ‘‘$1,255,005,000’’ lead to a compromise bill which, while pleased to support Mr. WELLSTONE’s and insert ‘‘$1,255,004,999’’. it certainly could have taken bolder amendment which passed by a 50 to 46 On page 462, lines 5, before the colon, insert moves toward free market agriculture, the following: ‘‘, of which not more than vote. $81,249,999 shall be available for travel ex- is a step in the right direction. This The bill as written increases the in- penses’’. bill offers reform, opportunity, and terest rate for price support loans for f flexibility for farmers in a fiscally re- farmers through the Commodity Credit sponsible way. Corporation by 1 percent. Senator HAR- AUTHORITY FOR COMMITTEES TO The most significant reforms of cur- KIN offered an amendment which would MEET rent farm programs in this bill are the have eliminated this increase. While it COMMITTEE ON ARMED SERVICES Freedom to Farm provisions which is important for farmers to have access Mr. D’AMATO. Mr. President, I ask eliminate agriculture subsidies over to affordable loans, I opposed Senator unanimous consent that the Com- the next 7 years. Freedom to Farm will HARKIN’s amendment. His amendment

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1885 would have cost the American tax- to dump their excess sugar on the without jobs is public relations and not payers $260 million. Yet, even with the world market at very low prices. Elimi- welfare reform. increase, interest rates on price sup- nating our sugar program completely Recently he had a commentary in the port loans would remain below com- would give our sugar producers—some Chicago Defender on this question of mercial rates. Mr. President, this Con- of the best producers in the world—a jobs which I ask to be printed in full in gress has been dedicated to efforts to trade disadvantage in the world mar- the RECORD. reduce the U.S. budget deficit. The ket. Unilateral elimination of our The article follows: price tag on Mr. HARKIN’s amendment, sugar program would put the most effi- [From the Chicago Defender, Feb. 26, 1996] coupled with the fact that the loan cient sugar producers in the world at a AMERICA NEEDS TO REVITALIZE WORK rates are lower than commercial rates, competitive disadvantage to other pro- PHILOSOPHY even with the 1 percent increase, lead ducers. Furthermore, the notion that (By Hugh B. Price) me to oppose Mr. HARKIN’s amendment other countries would follow our lead The widening gap between rich and poor in which failed by a vote of 37 to 59. and eliminate their support programs America is threatening our democracy. Senator HARKIN offered a second on their own is ridiculous. Workers are being laid off by the thousands, amendment which would have rein- Mr. President, I have introduced leg- companies are downsizing, families are fall- stated the Farmer Owned Grain Re- islation which would completely elimi- ing apart and the ranks of the poor and serve. Under this program, which is no nate the U.S. agricultural price sup- homeless seem to be growing. longer in existence, the Federal Gov- port and production adjustment pro- Yet experts tell us the economy is on the grams for sugar contingent upon a upswing. ernment paid grain farmers for grain Certainly, good things are happening. put in storage. This created a grain GATT agreement which would elimi- Many cities are upgrading their ‘‘quality of surplus which depressed prices. Farm- nate export subsidies and price sup- life industries’’ by revitalizing their business ers I have talked to in Michigan are op- ports in other countries. While I firmly districts and neighborhoods, building new posed to the grain reserve—they under- believe that the free market should be sports stadiums, museums and sparkling res- stand that farmers cannot store them- allowed to work, it will not work if the taurant districts. But in those and in so selves into prosperity. This amendment most efficient producers are put at a many urban centers, the poor, the unem- would have been out of place in a farm competitive disadvantage. As I have ployed and the homeless can’t afford to use those facilities. bill which attempts to have farmers said in the past, I will continue to fight diligently on the side of free trade. I When you see them there, they’re often produce for the market instead of for begging or sleeping in doorways. That’s not the Government. Along with 60 of my will continue to work to eliminate ex- supposed to happen in America. colleagues, I opposed this amendment. port subsidies and other price supports From what I’ve seen in traveling through Senator SANTORUM who has been a worldwide so that we may eventually dozens of cities, the plight of the poor is in strong, consistent opponent of our out- achieve true free trade. stark contrast to economists’ claims that in- dated, feudalistic peanut program, of- Senator DORGAN offered an amend- flation is leveling, that interest rates have fered an amendment which would have ment which would have mandated that fallen and that unemployment is declining. in order to receive Government pay- Americans are justifiably worried and skep- made more drastic changes to the pea- tical about their future. Cities define civili- nut program than were included in the ments, farmers must grow program crops. While on the surface this ap- zations. Vibrant cities boost our morale; de- bill. Unfortunately, a majority of caying and dangerous cities depress us and Members of the Senate voted to table pears to be a reasonable amendment, it scare off tourists. the amendment thereby effectively flies in the face of the Freedom to If the poor, the homeless and the have-nots killing it. I voted against tabling the Farm provisions. Through Freedom to have no role in the rebirth of our cities, their amendment because I believe we should Farm, over the next 7 years, farmers welcome revival efforts won’t reach their have had an opportunity to support who have received payments in 3 of the fullest potential. Government policymakers, business leaders and economists must devise further changes in the peanut program. past 5 years will receive guaranteed payments—regardless of how they use a work-based system of self-reliance that Senator SANTORUM’s amendment would lifts the urban poor out of poverty and al- have phased out the quota system their acreage. After 7 years, however, the payments will stop. Over the 7 lows them to support their families with dig- which was established during the de- nity. Of course, such planning must include pression to guarantee a high price for years during which payments will be education and training in current and new peanut producers. In order to do this, provided, farmers are expected to tran- skills. sition from producing for the Govern- the Government issued quotas. Only Job creation programs must be established ment to producing for the marketplace. for employable but unemployed people in the holders of these quotas would be al- For the Government to dictate—in any communities where there simply are not lowed to grow peanuts. The quota hold- way—how the farmers are to use their enough jobs to go around. ers are now selling the right to grow land would be counterproductive and The approach must be holistic, because peanuts at extremely high prices which would serve only to make it more dif- while it’s one thing to instill potential work- increases the price of peanuts to the ers with proper work skills, it’s another ficult for us to accomplish free market consumer. Under the peanut program, thing to inculcate workers with the job agriculture. For these reasons, I did the Government dictates who has the know-how that employers require, such as not support Senator DORGAN’s amend- right to grow peanuts and the amount punctuality, politeness and reliability. ment which failed in a 48 to 48 vote. Here are a few examples of new initiatives they are allowed to grow. Mr. Presi- Mr. President, I am pleased that both some of our urban league affiliates have un- dent, I voted against the motion to the House and Senate were able to pass dertaken: table the Santorum amendment and farm bills. I am hopeful that the con- In Detroit, plans are underway to establish believe that we should go further than ferees will act quickly to finalize this an Employment Training and Education the bill which passed to eliminate the legislation so that America’s farmers Center that will provide GED certification peanut quota system. and computer training courses. Instruction can begin to plan for the upcoming sea- in occupational, employability, entrepre- I was pleased to vote with 60 of my son and grow for the market.∑ colleagues in opposition to the Gregg neurship and customer service skills will be amendment which would have elimi- f offered, along with an automated job search system and a day-care facility. nated the new sugar provisions from AMERICA NEEDS TO REVITALIZE In Los Angeles, the Urban League and Toy- the farm bill. Senator GREGG’s amend- WORK PHILOSOPHY ota are partners in operating a modern train- ment would have left the sugar pro- ∑ Mr. SIMON. Mr. President, one of the ing facility that will enable residents from gram as it is today in the hopes of most impressive executives in America the South Central community to learn all eliminating the program completely today is Hugh Price, executive director facets of automobile servicing and repair. when it expires in 1997. of the National Urban League. If our cities and our society are to prosper, Mr. President, the sugar program is His commonsense approach to our if we are to continue to be the leader of the different than many other agriculture industrialized world, we must reverse so- needs is appreciated. One of the things cially corrosive economic trends that under- programs in that it is necessary to he has been stressing over and over is mine public confidence. keep a trade balance with other coun- the need to have jobs for people. America urgently needs to reorganize its tries. Sugar is highly subsidized in As I have said so frequently on the employment and income policies so that the other countries, allowing the producers floor of the Senate, welfare reform 21st century will be the century when, once

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1886 CONGRESSIONAL RECORD — SENATE March 12, 1996 and for all, we make America work for all [From the New York Times, Feb. 8, 1996] After three arrests in one year, the police Americans. ∑ IT TAKES A VILLAGE TO DESTROY A CHILD are supposed to—by their own guidelines— (By Alex Kotlowitz) refer a child to juvenile court in the hope f that he or she might receive help. That was OAK PARK, ILL.—The crime is so heinous it never done in James’s case. ‘‘This was a VALLEY HAVEN SCHOOL’S 20TH makes me shake with anger. In the early child in crisis,’’ Ms. Kaplan said. ‘‘Here’s an evening hours of Oct. 13, 1994, two boys, 10 ANNIVERSARY HIKE/BIKE/RUN 11-year-old child who was expressing in the and 11 years old, dangled and then dropped 5- only way a child can that something’s ∑ Mr. SHELBY. Mr. President, I would year-old Eric Morse from the 14th floor of a wrong.’’ like to take a moment and bring to my Chicago public housing complex, because Now the village vigorously debates not colleagues’ attention the 20th anniver- Eric wouldn’t steal candy for them. how we failed James but what we should do His killers displayed no remorse. In court, sary of the Valley Haven School Hike- with him: Send him to a youth prison or to the younger of the two, who could barely see a residential center, where the emphasis is Bike-Run. The Valley Haven School, the judge above the partition, mouthed ob- located in Valley, AL, is a school for on rehabilitation? The judge who presided scenities at reporters covering the trial. Last over this case, Carol Kelly, has a reputation mentally retarded and multiple handi- week, they became the youngest offenders for siding with the prosecution. Indeed, she capped citizens of all ages. Started 37 ever sent to prison in Illinois. And they have chose to send the two boys to prison, stipu- years ago by volunteers, the school is come to symbolize the so-called super-preda- lating that they receive therapy. But when now professionally staffed and cur- tors, children accused of maiming or killing asked what could be learned from this case, rently offers skilled training to 95 stu- without a second thought. Judge Kelly says: ‘‘Let’s focus on what Unsurprisingly, both boys had fathers who brought them to this point. What happened dents ranging in age from 3 months to were in prison. One had a mother who, ac- to them? What didn’t happen to them? What 60 years. cording to school records, repeatedly missed can we do so we don’t have other Eric Mr. President, local monies of counseling sessions. The other mother, ac- Morses?’’ $100,000 must be raised each year to cording to court records, battled a drug ad- I’m haunted by one image in particular. meet operating expenses and match diction. I don’t mention the parents of these When the two boys dropped Eric from the State and Federal grants. The primary children to excuse the crime. Nor do I men- window, Eric’s 8-year-old brother ran down source of these funds is the annual tion this to state the obvious: In the absence the 14 flights as fast as he could. He later Hike-Bike-Run, which consists of a 5- of loving, nurturing, discipline-minded testified that he was hoping to catch Eric. adults, children become lost. or 10-mile walk, an 11- or 22-mile bike Eric’s brother did more than any one else to Rather, I want to point out that while we try to save his little brother. ride, a skate-a-thon, a 1-, 3.1-, or 6.2- can talk about strengthening families, there mile run, a 5-mile bike ride for chil- He and Eric are victims of James and his will be little success until we also find a way cohort—and of the village guardians who dren, and the trike trek for pre- to strengthen our communities. We profess failed them. James and his 10-year-old part- schoolers. homage to the well-worn aphorism that it ner were not headed for trouble, they were Each participant in the Hike-Bike- takes a village to raise a child. But where in well into it. Yet, no adult intervened. Run obtains pledges for their participa- the case of these boys—and ultimately in the These boys come from a neighborhood poor tion, and all proceeds go directly to case of Eric Morse—was the village? in spirit and resources. It we can’t help re- Let’s take a look at the older of the two build their community, using schools as a Valley Haven to support the education boys, whom I will call James. He attended and training for handicapped students. foundation, we’ll all end up running furi- the primary and intermediate J.R. Doolittle ously down those stairs hoping, praying, that In 1995, this one day fundraiser in- Schools, two buildings which butt up against we can catch yet one more child dropped by volved over 1,000 participants and 8,000 the drab-looking Ida B. Wells public housing their families and by the institutions that pledging sponsors. The event generated complex. According to school documents, presumably serve them. It will almost al- over $100,000 in pledges to support the James earned mediocre grades, mostly C’s, ways be too late. ∑ work of the school. and then in the third grade, when his father was arrested, his grades plunged. He couldn’t f Mr. President, I would like to con- sit still in class. He fought other students. BUDGET SCOREKEEPING REPORT gratulate and commend Valley Haven In fourth grade, the school ordered a psy- and the entire Valley community for chological evaluation, which recommended ∑ Mr. DOMENICI. Mr. President, I here- displaying such strong support and only tutoring. That same year, he flunked by submit to the Senate the budget concern for these special students. This every subject, including gym and music. scorekeeping report prepared by the year’s Hike-Bike-Run will be held on Nonetheless, the school promoted him. The Congressional Budget Office under sec- Saturday, May 4, and I know that the next year at his new school, he missed 23 tion 308(b) and in aid of section 311 of community will once again unite to days. Because of low marks, he repeated the the Congressional Budget Act of 1974, fifth grade. as amended. This report meets the re- support this wonderful program and Why didn’t the school administrators sense help Valley Haven School help its stu- that something was amiss in this child’s life? quirements for Senate scorekeeping of dents.∑ Part of the problem may be that the primary section 5 of Senate Concurrent Resolu- school of 700 students could afford only once- tion 32, the first concurrent resolution f a-week visits by a psychologist and social on the budget for 1986. worker. And truant officers were axed three This report shows the effects of con- IT TAKES A VILLAGE TO DESTROY years ago by the financially strapped Chi- gressional action on the budget A CHILD cago Public Schools. through March 7, 1996. The estimates of ∑ Mr. SIMON. Mr. President, a few One afternoon when James was on his way budget authority, outlays, and reve- to pick up his cousin, he witnessed a gang years ago I read a book by Alex member shoot and kill a rival. James was 9 nues, which are consistent with the Kotlowitz, then a reporter for the Wall at the time. His lawyer, Michelle Kaplan, technical and economic assumptions of Street Journal, titled ‘‘There are no said he was standing 10 feet from the victim. the 1996 concurrent resolution on the Children Here: The Story of Two Boys No adult offered him counseling. No one budget House Concurrent Resolution Growing Up in the Other America.’’ It stepped in to make sure that such an inci- 67, show that current level spending is is one of the best books I have read in dent didn’t happen again. above the budget resolution by $15.7 the last few years. In most communities, such an event would billion in budget authority and by $16.9 It tells with gnawing detail how the have brought quick attention, I’m reminded billion in outlays. Current level is $81 of the day in 1988, when Laurie Dann, a de- lives of people deteriorate in our cen- ranged woman, walked into an elementary million below the revenue floor in 1996 tral cities. School in Winnetka, Ill., and shot six chil- and $5.5 billion above the revenue floor Recently, he had an excellent op-ed dren, killing an 8-year-old boy. Psychologists over the 5 years 1996–2000. The current piece in the New York Times titled ‘‘It were brought in to counsel the students, estimate of the deficit for purposes of Takes a Village to Destroy a Child,’’ their parents and teachers. The governor calculating the maximum deficit which I ask to be printed in the called for tighter school security. Some poli- amount is $262.6 billion, $17.0 billion RECORD. ticians demanded tougher gun control laws. above the maximum deficit amount for His title is obviously a take-off on James received no such attention. In the six months before Eric’s murder, the police 1996 of $245.6 billion. the title of the book by Mrs. Clinton, arrested James eight times on relatively Since my last report, dated February but what he has to say ought to disturb minor charges from shoplifting to possession 27, 1996, Congress cleared for the Presi- the consciences of all of us. of ammunition, presumably bullets. Each dent’s signature an act providing tax The article follows: time the police released him. benefits for members of the Armed

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1887 Forces performing peacekeeping serv- THE ON-BUDGET CURRENT LEVEL REPORT FOR THE U.S. 5 In accordance with the Budget Enforcement Act, the total does not in- clude $3,417 million in budget authority and $1,590 million in outlays for ices in Bosnia and Herzegovina, Cro- SENATE, 104TH CONGRESS, 2D SESSION, SENATE SUP- funding of emergencies that have been designated as such by the President atia, and Macedonia (H.R. 2778). This PORTING DETAIL FOR FISCAL YEAR 1996 AS OF CLOSE and the Congress. 6 Less than $500,000. action changed the current level of rev- OF BUSINESS MAR. 7, 1996—Continued Notes.—Detail may not add due to rounding.• enues. [In millions of dollars] f The report follows: Budget Outlays Revenues READ THE RIOT ACT TO CHINA U.S. CONGRESS, authority ∑ CONGRESSIONAL BUDGET OFFICE, Mr. SIMON. Mr. President, in re- 1995 Rescissions and Emer- Washington, DC, March 11, 1996. gency Supplementals for sponse to the irresponsible statements Hon. PETE V. DOMENICI, Disaster Assistance Act by China recently about Taiwan and Chairman, Committee on the Budget, (P.L. 104–19) ...... 22 ¥3,149 ...... Agriculture (P.L. 104–37) ..... 62,602 45,620 ...... their relationship with the United Senate, Washington, DC. Defense (P.L. 104–61) ...... 243,301 163,223 ...... States, the Chicago Tribune had an ex- Energy and Water (P.L. 104– DEAR MR. CHAIRMAN: The attached report 46) ...... 19,336 11,502 ...... cellent editorial which I ask to be for fiscal year 1996 shows the effects of Con- Legislative Branch (P.L. 105– printed in full in the RECORD. gressional action on the 1996 budget and is 53) ...... 2,125 1,977 ...... Military Construction (P.L. While I differ some with my friend current through March 7, 1996. The estimates 104–32) ...... 11,177 3,110 ...... Senator DIANNE FEINSTEIN, the other of budget authority, outlays and revenues Transportation (P.L. 104–50) 12,682 11,899 ...... day she told me that the United States are consistent with the technical and eco- Treasury, Postal Service (P.L. 104–52 ...... 23,026 20,530 ...... should stop zigzaging all over the place nomic assumptions of the 1996 Concurrent Offsetting receipts ...... ¥7,946 ¥7,946 ...... Resolution on the Budget (H. Con. Res. 67). Authorization bills: in terms of China policy. Self-Employed Health Insur- I could not agree with her more. This report is submitted under Section 308(b) ance Act (P.L. 104–7) ...... ¥18 ¥18 ¥101 and in aid of Section 311 of the Congressional Alaska Native Claims Settle- Our policy should be consistent so Budget Act, as amended. ment Act (P.L. 104–42) .... 1 1 ...... that both China and Taiwan under- Fishermen’s Protective Act Since my last report dated February 14, Amendments of 1995 (P.L. stand where we are. We are not hostile 104–43) ...... (6) ...... to China. We are not hostile to Taiwan. 1996, Congress has cleared for the President’s Perishable Agricultural Com- signature an act providing Tax Benefits for modities Act Amendments We want to be friends with both. Members of the Armed Forces Performing of 1995 (P.L. 104–48) ...... 1 (6) 1 China must also understand that if Alaska Power Administration Peacekeeping Services in Bosnia and Sale Act (P.L. 104–58) ..... ¥20 ¥20 ...... there is a tilt from time to time be- Herzegovina, Croatia and Macedonia (H.R. ICC Termination Act (P.L. tween a democracy and a dictatorship, 104–88) ...... ¥(6) 2778). This action changed the current level the tilt of the United States of Amer- of revenues. Total enacted first session 366,191 245,845 ¥100 ica will be to democracy. Sincerely, The article follows: JAMES L. BLUM, ENACTED IN SECOND SESSION (For June E. O’Neill, Director). Appropriation bills: [From the Chicago Tribune, Jan. 25, 1996] Seventh Continuing Resolu- READ THE RIOT ACT TO CHINA tion (P.L. 104–92) 1 ...... 13,165 11,037 ...... THE CURRENT LEVEL REPORT FOR THE U.S. SENATE, FIS- Ninth Continuing Resolution China has gone too far. According to press CAL YEAR 1996, 104TH CONGRESS, 2D SESSION, AS (P.L. 104–99)1 ...... 792 ¥825 ...... reports from Beijing, China has drawn up Foreign Operations (P.L. OF CLOSE OF BUSINESS MAR. 11, 1996 104–107) ...... 12,104 5,936 ...... plans for possible attacks on Taiwan after [In Billions of dollars] Offsetting receipts ...... ¥44 ¥44 ...... that island-state completes it first demo- Authorization bills: Gloucester Marine Fisheries cratic presidential elections in March. Budget Current Act (P.L. 104–92)2 ...... 30,502 19,151 ...... But it doesn’t stop there: China also has resolution Current level over/ Smithsonian Institution Com- issued veiled threats to hit America with nu- (H. Con. level1 under reso- memorative Coin Act (P.L. Res. 67) lution 104–96) ...... 3 3 ...... clear missiles if the U.S. military intervenes. Saddleback Mountain—Ari- The U.S. has shown extraordinary patience ON-BUDGET zona Settlement, Act of with China, hoping by sweet reason and con- ¥ Budget authority ...... 1,285.5 1,301.2 15 .7 1995 (P.L. 104–102) ...... 7 ...... Telecommunications Act of structive engagement to coax it into behav- Outlays ...... 1,288.1 1,305.0 16.9 3 Revenues: 1996 (P.L. 104–104) ...... ing reasonably, constructively—and peace- 1996 ...... 1,042.5 1.042.4 ¥0.1 Farm Credit System Regu- fully. 1996–2000 ...... 5,691.5 5,697.0 5.5 latory Relief Act (P.L. 104–105) ...... ¥1 ¥1 ...... But threats of war are intolerable. Amer- Deficit ...... 245.6 262.6 17.0 ica must put an end to Beijing’s strutting Debt Subject to Limit ...... 5,210.7 4,900.0 ¥310.7 National Defense Authoriza- tion Act of 1996 (P.L. and bullying. President Clinton must imme- OFF-BUDGET 104–106) ...... 369 367 ...... Extension of Certain Expiring diately let the Chinese know in no uncertain Social Security Outlays: Authorities of the Depart- terms that the U.S. military will guarantee 1996 ...... 299.4 299.4 0 ment of Veterans Affairs Taiwan’s territorial integrity from missile ¥ ¥ 1996–2000 ...... 1,626.5 1,626.5 0 (P.L. 104–111) ...... 5 5 ...... attack or invasion. And he must back that Social Security Revenues: To award Congressional Gold 1996 ...... 374.7 374.7 0 Medal to Ruth and Billy warning with action: dispatching an aircraft 1996–2000 ...... 2,061.0 2,061.0 0 Graham (P.L. 104–111) .... (6) (6) ...... carrier task force off the Taiwanese coast, 1 Current level represents the estimated revenue and direct spending ef- Total enacted second ses- perhaps, or sending a contingent of Amer- fects of all legislation that Congress has enacted or sent to the President sion ...... 56,884 35,613 ...... ican soldiers to the island as a tripwire. for his approval. In addition, full-year funding estimates under current law But Clinton must do more: He must tell are included for entitlement and mandatory programs requiring annual ap- PENDING SIGNATURE propriations even if the appropriations have not been made. The current the gerontocrats in Beijing that even so level of debt subject to limit reflects the latest U.S. Treasury information on An Act Providing for Tax Benefits much as a hint of an attack on the United public debt transactions. for Armed Forces in Bosnia, Herzegovina, Croatia, and Mac- States will bring consequences for China edonia (H.R. 2778) ...... ¥38 more horrible than they can imagine. THE ON-BUDGET CURRENT LEVEL REPORT FOR THE U.S. The U.S. dollar had a roller-coaster ride CONTINUING RESOLUTION SENATE, 104TH CONGRESS, 2D SESSION, SENATE SUP- AUTHORITY Wednesday on rumors and denials of war- PORTING DETAIL FOR FISCAL YEAR 1996 AS OF CLOSE mongering from China. It started when The Ninth Continuing Resolution (P.L. OF BUSINESS MAR. 7, 1996 104–99)4 ...... 116,863 54,882 ...... New York Times quoted Chas. W. Freeman, a [In millions of dollars] former assistant defense secretary, as saying ENTITLEMENTS AND MANDATORIES China has plans for launching a missile a day Budget resolution baseline esti- against Taiwan should Beijing perceive the Budget Outlays Revenues authority mates of appropriated entitle- island striding too quickly toward independ- ments and other mandatory ence. ENACTED IN PREVIOUS SESSIONS programs not yet enacted ...... 131,056 127,749 ...... Total Current Level5 ...... 1,301,247 1,305,048 1,042,419 Even more chilling were comments that Revenues ...... 1,042,557 Total Budget Resolution ...... 1,285,500 1,288,100 1,042,500 the Chinese feel they can act with impunity Permanents and other spending Amount remaining: legislation ...... 830,272 798,924 ...... Under Budget Resolution ...... 81 because American leaders ‘‘care more about Appropriation legislation ...... 242,052 ...... Over Budget Resolution ...... 15,747 16,948 ...... Los Angeles than they do about Taiwan’’— Offsetting receipts ...... ¥200,017 ¥200,017 ...... 1 P.L. 104–92 and P.L. 104–99 provides funding for specific appropriated interpreted as a threat to launch nuclear Total previously enacted ... 630,254 840,958 1,042,557 accounts until September 30, 1996. missiles against the U.S. to deter involve- 2 This bill, also referred to as the sixth continuing resolution for 1996, ment. ENACTED IN FIRST SESSION provides funding until September 30, 1996 for specific appropriated ac- counts. No response can be too muscular in warn- Appropriation bills: 3 The effects of this Act on budget authority, outlays and revenues begin ing China that even such fortune-cookie- 1995 Rescissions and De- in fiscal year 1997. style threats are intolerable. After all, this partment of Defense 4 This is an annualized estimate of discretionary funding that expires Emergency Supplementals March 15, 1996, for the following appropriation bills: Commerce-Justice, In- is the same China that violates nonprolifera- Act (P.L. 104–6) ...... ¥100 ¥885 ...... terior, Labor-HHS-Education and Veterans-HUD. tion treaties by shipping ballistic missiles to

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1888 CONGRESSIONAL RECORD — SENATE March 12, 1996 Pakistan and by selling equipment for manu- I applaud what we are finally doing S. Sankawulo, the former schoolteacher who facturing chemical weapons to Iran. This is in Bosnia. is chairman of Liberia’s governing Council of the same China that stands accused of oper- In no country in Africa do we have State. ‘‘But they said go home first and ating an island-like chain of slave-labor greater responsibility than in Liberia, prove that you are serious.’’ camps and of dealing with unwanted orphans Liberia has been the first instance in by allowing them to starve to death. where it was sometimes viewed as an which a regional organization, namely the Beijing needs to understand that the American colony because it was found- Economic Community of West African American eagle offers a choice. The first, an ed by former American slaves. States, or Ecowas, has acted with the official olive branch, promises peaceful intercourse Their ties to the United States have sanction of the United Nations to end a civil and free trade. But the other claw holds the been long. war. Nigeria has led this effort from the mightiest quiver of arrows the world has And when there was a dictatorship in start, spending an estimated $4 billion. But ever known, and America is ready to use Liberia, we did not hesitate to cooper- with major political and economic crises at them.∑ ate with that dictatorship. An article home, diplomats say Nigeria cannot now carry out Liberia’s peace agreement without f by Howard W. French recently ap- substantially more outside help. FAIRBANKS, THE ICE CAPITAL OF peared in the New York Times which I Foreign diplomats say the most critical THE WORLD ask to be printed in the RECORD. immediate element is giving the 7,500-man Now that the dictatorship is gone and Nigerian-led peacekeeping force—known as ∑ Mr. MURKOWSKI. Mr. President, On chaos has followed, our concerns ap- Ecomog, for the Ecowas monitoring group— March 17, 1996, the great Alaskan city pear to be minimal. the means to deploy throughout the country; of Fairbanks, my hometown, is hosting The article follows. the trucks and helicopters pledged but not the World Ice Sculpting Championships yet delivered by the Americans, and more [From the New York Times, Jan. 23, 1996] troops from poor West African countries, as part of the annual Fairbanks Winter IS WEST SLIGHTING AFRICA’S HOT SPOTS LIKE which would require financing from the out- Carnival. The organizers of the event LIBERIA? side world. have discovered that Alaska has the (By Howard W. French) Unlike other crises in which the United best ice in the world for ice sculpting. MONROVIA, LIBERIA, January 22.—When the Nations send its own peacekeepers and di- In 1988 they invited ice sculpting teams American delegate to the United Nations, rectly assess contributions from members, from Chicago and China to come to Madeleine K. Albright, stopped here briefly international fund-raiding for Liberia has Fairbanks in hopes of reviving the art on Wednesday during a tour of several Afri- been conducted through voluntary donor conferences that have garnered sparse con- of ice sculpting. At the time, they were can countries, there were the predictable pledges of assistance from Washington to tributions. unaware of the fine quality of Alaskan On top of the outside world’s reluctance to war-torn Liberia. contribute to an African-led peacekeeping ef- ice, so to make sure they had the right But along with the promise of helicopters fort, which has embittered many of this re- ice for the guest instructors they and trucks to help in the disarming of com- gion’s leaders, there is the additional com- brought in blocks of ice from Seattle, batants in a devastating six-year civil war, plication of deeply strained relations be- WA. In addition, however, they har- there was also a stern warning that the tween the United States and Nigeria over the international community had little patience vested some local ice for comparison. latter’s human rights situation. As a surprise result, they discovered for crisis-ridden African countries that failed Rather than being turned over to the Nige- that Alaskan ice is superior to any to settle their own problems. rian-led peacekeepers, as is the practice in other ice found in the world. They now ‘‘We have no intention of our logistical most international efforts of this sort, the support being squandered by anyone’s failure export Alaskan ice to such far away troop trucks promised by the United States of political will,’’ Mrs. Albright said at an are leased vehicles that, at Washington’s in- places as Frankenmuth, MI, for ice airport news conference, straining at times sculpting. sistence, will be operated only by private to be heard over a Nigerian transport plane contractors to keep them out of Nigerian The organizers of this event believe ferrying in new peacekeepers. ‘‘Delay,’’ she hands. that because of the superiority of Alas- said, can ‘‘no longer be in the vocabulary’’ of ‘‘The resources of Ecomog have been kan ice and other favorable conditions, Liberia’s political actors. stretched to the limit, and it would be wrong they have been able to attract a grow- But for many African leaders and dip- and unfair for the international community lomats, the trip of Mrs. Albright—the high- to expect it to proceed further without get- ing number of artisans to participate est-ranking American to visit Liberia since in the Fairbanks ice art ice sculpting ting it more help,’’ said Anthony Nyaki, the Secretary of State George Shultz came here United Nations special representative to Li- championships. This year, Fairbanks is before the war that killed more than 150,000 beria. ‘‘Because of the unique mandate given proudly hosting 67 teams from coun- people—inadvertently underscored another by the U.N. to the West Africans whatever tries around the world including China, point: by the time African crises receive this happens here will be precedent-setting. Korea, Holland, Belgium, Brazil, Chile, level of outside attention, the moment for ‘‘In five days as much is spent in Bosnia as Japan, France, Russia, Canada, and the averting catastrophe or sealing the peace has was spent in a whole year on Liberia,’’ he contiguous United States. all too often passed. said. ‘‘If this is allowed to fail, the question The most critical obstacle to fulfilling the Fairbanks is able to successfully host will become more pertinent than ever why Liberian peace agreement reached last Au- the outside world cares so little for Africa.’’ this event through the hard work of gust, these African officials say, has been the The comparison with Bosnia is one that volunteers. The organizers hope to con- delay in getting the kind of international re- comes up again and again in conversations tinue to host the world championships sponse needed to carry out a disarmament with African officials throughout this re- every year except during years when program and remark this country’s shat- gion, and it is one that inspires cynicism the Winter Olympics are held. I am tered economy. among many. confident that this year Fairbanks, In this regard, African officials argue, the The international community was slow to handling of the Liberian crisis by the outside act and committed far too few resources to AK, will hold one of the biggest and world strongly resembles the ambivalent or managing crises like the transition to de- best Winter Carnival’s ever. My con- tardy international response to past crises in mocracy in war-torn Angola or the preven- gratulations to the organizers and vol- other stops on Mrs. Albright’s itinerary: An- tion of a genocidal civil war in Rwanda, Afri- unteers for all their effort and hard gola, Rwanda and Burundi. can diplomats say. And in Burundi today, work.∑ In Liberia, despite widespread skepticism where the signs of a possible Rwanda-style about its prospects, a cease-fire has largely civil war are multiplying, the same reluc- f held for months. But recent days have seen tance to act seems apparent to many. IS WEST SLIGHTING AFRICA’S HOT the first serious signs of an unraveling of the ‘‘Since Somalia ended, I have attended SPOTS LIKE LIBERIA? country’s settlement, as unruly fighters of three major conferences on the lessons of one of the country’s several armed factions that crisis, but these lessons never seem to ∑ Mr. SIMON. Mr. President, I am con- have killed as many as 50 West African be learned,’’ said Victor Gbeho, a Ghanaian cerned about the deterioration in Libe- peacekeepers. diplomat who represents the West African ria, Burundi, and a few other nations. Diplomats say the fighting began because economic community here and was the The pattern in Bosnia is for the of the economic desperation of the militia United Nations special envoy to Somalia at United States and other nations to members, who are often unschooled boys, the height of that country’s crisis. wait until the situation deteriorates and add that the conflict nearly flared out of ‘‘For some reason it still takes far too long control because of the limited means avail- to get the international community to react very, very badly—until hundreds of able to a short-handed and poorly equipped to African crises, to realize their pledges of thousands of people are killed—and peacekeeping force. support and work through their bureaucratic then the United States and the commu- ‘‘Last fall, the American Government mazes,’’ Mr. Gbeho said. ‘‘It took the Ameri- nity of nations move in. pledged $75 million to help us,’’ said Wilton cans one week to raise $1.8 billion for Bosnia.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1889 If I were paranoid, I would say the delays we backed South Lebanon Army militiamen one thing that we hear going down the always face here are due to the fact that we from an occupied border enclave in South road every day from the people who are dealing with Africa.’’∑ Lebanon. live in my State of Montana it is the Israel established the enclave, known as a f way we write our rules and regulations ‘‘security zone,’’ in 1985 as a buffer against THE HEZBALLAH CONFESSION cross-border guerrilla attacks on its north- here in Washington. This regulatory reform bill addresses those fears. This ∑ ern towns. Mr. D’AMATO. Mr. President, I rise Hezbollah guerrillas mounted a string of bill was reported out of the Small Busi- today to discuss something that most attacks on Israeli troops in the ‘‘security ness Committee with strong bipartisan people who follow the subject, I am zone’’ Sunday, killing one and wounding five. support for the work that was done by sure already knew, but is nevertheless Nasrallah also said that Syria, the main Senator BUMPERS, who was chairman an interesting admission. In a Reuters power broker in Lebanon, was facilitating of that committee and has worked on Hezbollah’s arms supplies through routes in interview, yesterday, Sheik Hassan this issue for so long, and I am sorry Nasrallah, Secretary General of northern and eastern Lebanon. Syria maintains an estimated 40,000 troops that it will not be allowed to come to Hezballah in Lebanon, flatly admitted in Lebanon, ostensibly as peacekeepers to the floor. to Iranian funding when he said: prevent a rekindling of the 1975–90 civil war. Mr. REID. Will my friend yield? We are not shy and they (Iranians) are not Nasrallah said since Hezbollah was founded Mr. BURNS. Yes. afraid about it . . . we don’t hide Iranian in 1982 following the Israeli invasion of Leb- Mr. REID. I say to my friend, I per- support. There is no need to deny that we re- anon that year, Syria has provided the party sonally feel as if the unanimous-con- ceive financial and political support from with ‘‘a political cover, moral support and sent request is excellent. I think the Iran. field facilities.’’ content of the unanimous-consent re- ‘‘Syrian forces are stationed in the Bekaa Moreover, he admitted that Syrian (Valley) and the north. These two areas con- quest would allow us to go forward forces in Lebanon’s Bekkah valley help stituted the background of support for re- with regulatory reform which is badly greatly in getting weapons to his sistance fighters in (Israeli)-occupied areas,’’ needed. It especially directs attention forces, when he stated: he said. to the small business community Syrian forces are stationed in the Bekaa ‘‘Of course, Syria didn’t give us money. It which has been hammered with regula- [sic] (valley) and the north. These two areas has supported us and facilitated’’ arms sup- tions with which they have difficulty constituted the background of support for re- plies, Nasrallah added. complying. sistance fighters in (Israeli)-occupied areas. Like its sponsor, Iran, Hezbollah opposes the U.S.-sponsored Middle East peace process I say to my friend from Montana that These admissions, especially that of and has vowed to torpedo it through intensi- we have a Member on this side of the implicit Syrian support for Iranian ter- fied attacks in South Lebanon, the last ac- aisle who has worked very long and rorism are vital to understanding the tive Arab-Israeli war front. hard, in his own words, not hours or relationship of these terrorist organi- The Sharm El-Sheik Summit, which will days but weeks with Members on the zations and how they operate in the re- be attended by U.S. President Clinton and Senator’s side, and his objection re- gion. If we are going to support Israel more than 30 other world leaders, was called lates to a much bigger piece of regu- to bolster Israel following a wave of suicide latory reform that I think frankly will while it wages peace, are we going to bombings which killed 61 people. ignore Syria and Iran while they wage Hezbollah has hailed the bombings, which kill all regulatory reform, but that is war against Israel? have been claimed by the Palestinian mili- what he wants. And so in the next few We cannot ignore what is going on tant Hamas group, as an ‘‘Act of Heroic hours, maybe days, we are going to for mere political expediency. We must Jihad (holy war) against occupation.’’ ∑ work with him to see if we can get him confront the facts as they exist and f to agree to our unanimous consent re- this means that we must question the quest. UNANIMOUS-CONSENT REQUEST— Mr. BURNS. I think my friend from Syrians on this admission. With Iran, I S. 942 am sure that there is no disagreement. Nevada understands the problems Mr. BURNS. Mr. President, I ask But Syria is another question alto- small business is going through right unanimous consent that on Thursday, gether. now and the margin they have to worry March 14, at 10 a.m., the Senate pro- Mr. President, I ask that the text of about. This gives them a great deal of ceed to the consideration of Calendar this important interview be printed in flexibility. But it also allows Congress No. 342, S. 942, the small business regu- to take a look to see how the rules are the RECORD. latory reform bill, to be considered The text follows: really written with regard to legisla- under the following limitation: 90 min- tion that we pass. It is fairly simple for [From Reuters, Mar. 11, 1996] utes of total debate equally divided be- us to pass legislation. We beat our- HEZBOLLAH CHIEF ADMITS IRAN IS FINANCING tween the two managers; that the only selves on the chest, and we say what a GROUP WITH BC-IRAN-PRESIDENT amendments in order to the bill be the good thing we have done, but then BEIRUT, LEBANON.—For the first time, the following: the managers’ amendment when the law goes down and the admin- leader of Hezbollah acknowledged publicly in to be offered by Senators BOND and istrative rules are written, sometimes an interview published Monday that Iran is financing the group. BUMPERS, an amendment to be offered those rules do not even look like the ‘‘We don’t hide Iranian support. There is no by Senator NICKLES regarding congres- legislation, let alone the intent of the need to deny that we receive financial and sional review, one additional amend- legislation. So I think this addresses political support from Iran’’ said Sheik Has- ment, if agreed to by both leaders after that, and I hope we can work out some- san Nasrallah, Secretary-General of the Shi- consultation with the two managers; thing. Knowing my friend from Nevada, ite Muslim Militant Group. further, that following the disposition I understand the possibility is very ‘‘We are not shy and they (Iranians) are of all amendments, the bill be read a good. not afraid about it,’’ he said in an interview third time, the Senate then proceed to Mr. REID. Will my friend yield with the London-based Arabic Language again? Weekly Al Wasat. vote on final passage of the bill, all without any intervening debate or ac- The Senator is absolutely correct. It was the first public admission of Iranian This unanimous-consent request con- financial support by a senior leader of tion. Hezbollah, or Party of God. Mr. REID addressed the Chair. tains a provision that was passed in The group has vociferously denounced the The PRESIDING OFFICER. Is there this body by a vote of 100 to nothing, planned counter-terrorism summit at objection? the Nickles-Reid amendment, which Egypt’s Red Sea resort of Sharm El-Sheik Mr. REID. Yes. I have two things I would allow the Congress to look at Wednesday. wish to correct. One would be the Nick- regulations promulgated by Federal Why doesn’t one wonder why the United les-Reid amendment in the body of the agencies. If it has a financial impact of States is paying 3 billion dollars to the Zion- text, and if the Senator from Montana $100 million, it would not go into effect ist entity, which is attacking the entire re- until a reasonable period of time. This gion while condemnation is voiced over wishes an explanation, I would be Iran’s financial support for Hezbollah or any happy to give one, but I object. calls for 60 days, which I think is ap- Islamic resistance faction fighting to lib- The PRESIDING OFFICER. Objec- propriate. It was originally 45 days. If erate its land?’’ Nasrallah said. tion is heard. it has a financial impact of less than Hezbollah guerrillas are fighting to oust Mr. BURNS. Mr. President, I helped $100 million, it goes into effect imme- the 1,200 Israeli soldiers and 2,500 Israeli- craft this legislation, and if there is diately but we can rescind it within 60

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1890 CONGRESSIONAL RECORD — SENATE March 12, 1996 days. That is really I think farsighted ference committee itself, when it dis- I say that once again, Mr. President, legislation, something that is long cusses the farm bill in conference and as a strong supporter of family-size overdue. And so I agree with my friend reports back the conference report for farms in rural Nebraska and rural from Montana. I hope we can work it approval of both the House and the America. I simply point out, first with out so that we can debate it for a pe- Senate, that significant changes will be regard to the estimates of the costs of riod of time as indicated in the unani- made so that I will be able to accept the program, we all know, and it has mous consent request and in effect the conference report. been well established, that the so- claim victory for the American people. However, I say that with a great deal called freedom to farm act came out of We would be doing something that is of optimism and a great deal of concern the budget discussions and agreements bipartisan in nature. Heaven knows, we that that in the end might not happen. and disagreements. The freedom to need to do some things on a bipartisan Therefore, I think it is time once again farm act and the transition payments basis in this body. as we contemplate taking the action have been fostered early on as a great Mr. BURNS. No question about it. that has just been suggested by the budget saver, to help us balance the The Senator from Nevada is exactly acting majority leader to understand budget by the year 2002. what we are doing, which I think is not correct. I would simply point out that the in the long-term interests of a sound f food policy or in the long-range inter- facts, as the way this bill has come out AGRICULTURE MARKET ests of the safety net that basically of the House and the Senate, are just TRANSITION ACT from its very beginning the freedom- the opposite. The most recent CBO es- to-farm act was designed to end in 7 timates show that the Senate farm bill Mr. BURNS. Mr. President, I ask will cost $1.13 billion more than the unanimous consent that the Senate years, notwithstanding the protesta- tions, notwithstanding some of the ef- current law over the next 7 years. proceed to the consideration of Cal- Some had claimed that was too expen- endar No. 338, H.R. 2584; further, that forts which have tried to be explained as providing a safety net for agri- sive. In the first 2 years alone, the Sen- all after the enacting clause be strick- ate farm bill will cost almost $4.6 bil- en and the text of S. 1541, as passed the culture after 7 years. Mr. President, I take a back seat to lion more—and I emphasize more—than Senate, be inserted in lieu thereof, the no one in the support of agriculture current law. Turning to the House bill, bill be read the third time, passed, and and family-size farmers and rural to cite the figures therein, the House the motion to reconsider be laid on the America. During my 8 years as Gov- bill saves only $1.8 billion over 7 years, table; further, the Senate insist on its ernor of Nebraska before I came to this a far cry from the savings touted ear- amendments, request a conference with body, until now, my 18th year in the lier in the year. And what do farmers the House and the Chair be authorized U.S. Senate, I have fought hard for ag- get for this? A healthy payoff but no to appoint conferees, provided that the riculture. I have joined with many of long-term farm policy or safety net. total number of Democratic conferees my colleagues on both sides of the aisle The CBO figures have just come out. signing the conference report does not to try to tell the majority of the Mem- I would like to cite those at this time. exceed five. bers of this body that the safety net For the 1996 crop, the one that we hope The PRESIDING OFFICER. Is there that we have had for a long, long time will be planted or is being planted now, objection? with regard to farm legislation has not a corn farmer will get paid 37 cents per Mr. EXON. Mr. President, I object. been perfect, but it has led to a solid, The PRESIDING OFFICER. Objec- bushel up to the limit of $40,000 that he firm food supply for America. The ge- can receive each and every year. The tion is heard. nius of production of our farmers feeds Mr. EXON. Mr. President, for the in- corn farmer will get that 37 cents per not only the United States but many formation of the Senate and my col- bushel regardless of what the market parts of the world. price is and what the farmers receive leagues who are in the Chamber, I wish Last but not least, the farm pro- to say that I intend to discuss with ap- from the market price for the products grams that have been often criticized that I will identify, starting out with propriate remarks my concerns about because of the safety net feature and the agriculture bill and very likely at corn. the expenditures have still provided In other words, if corn, which is now the end of those comments I will with- the United States with an abundance of at a price of about $3.40 a bushel at the draw my objection for the reasons I food, more abundance than any place marketplace, if that would be main- will state during the remarks I intend in the whole world. At the same time, tained—and the Department of Agri- to make about the farm bill. If the it has provided prices for food at very culture predicts that those prices will Chair will recognize me for that pur- competitive rates. The facts of the very likely be maintained for 1996 and pose, I will make my remarks as brief matter are that the cost of food in the 1997—that would mean that the farmer as I can but not as brief as the Senator United States of America is the cheap- getting $3.40 a bushel would get 37 from Nebraska usually is. est of any of the industrialized nations cents per bushel on top of that, roughly The PRESIDING OFFICER. The Sen- in the world. So, certainly the farm over $3.75 a bushel. Wheat farmers will ator from Nebraska is recognized. programs that have been often abused Mr. EXON. Mr. President, my strong and cursed over the last several years get paid 98 cents per bushel over and objections to the so-called freedom-to- since the Great Depression of the above, as a gift from the taxpayers of farm act, or son of freedom to farm act, 1930’s, have served America and agri- America. Sorghum farmers will be paid or whatever it is called now, both the culture overall very well. 44 cents per bushel. And so on, and so version passed by the Senate and the But where are we going from here? on, and so on. one that passed the House of Rep- Where are we going to be if the freedom Mr. President, I point this out be- resentatives, and the technical amend- to farm act encompassed in the Senate cause I think the Republican farm bill ments and the appointment of the con- version, and likewise the freedom to has strayed way off course. It is not ferees that has just been suggested by farm act as encompassed in the version good for agriculture in the long term the acting majority leader give me passed by the House of Representa- and it is certainly not good for bal- pause for great concern. tives, basically is designed in the form ancing the budget. I simply say that, I wish to state once again, in trying of transition payments to lead to no- at $3.40 a bushel, we should not be pay- to wrap up, if I might, the strong objec- where at the end of 7 years? Mr. Presi- ing any money out to corn farmers, un- tions this Senator has along with many dent, 7 years of handsome, expensive less there are some circumstances other Senators from the farm belt with payouts to agriculture, that, in my where his crop would be wiped out. I regard to the basic thrust of this law, view, is essentially a welfare system, point this out because this is just one what it does do and what it does not going ahead with massive—billions of of the things wrong with this farm bill. do, the reasons I think it is very bad dollars in expenditures, welfare to This cost estimate brings the fact legislation; and if I withdraw my objec- farmers, at a time when we are trying home loud and clear, that S. 1541 is a tion to the unanimous-consent request to reduce the budget and at a time sham. It is a sham to the taxpayers, it would only be with the hope, a wing when we are trying to curtail welfare, and it is a sham to the farmers over and a prayer, if you will, that the con- defies reason. the long term.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1891 How so? For taxpayers, it is a sham This article is by David Beeder of the culture know that that is not a big because it does not make good on def- Omaha World Herald: farm—but 500 acres of corn, and if the icit reduction. For months, taxpayers WASHINGTON—Legislation guaranteeing farmer would sell that for $3.10 a bush- have been told that Congress was going farmers more than $40 billion over seven el, which is under the $3.30 to $3.40 to crack the whip and enact deficit re- years would cost the Federal Government $20 price today, he would receive, in addi- duction. Now we learn that the farm billion more than it could cost to extend a tion to that good price for corn, a program’s revisions, which were adver- farm law that expired December 31, Agricul- check free from the Federal Govern- tural Secretary Dan Glickman said on Mon- tised as saving money, are actually day. ment, free from the taxpayers, of going to cost more than if we would ‘‘For the first 2 or 3 years, we know we are $16,000 on top of the $186,000 that that simply continue with the farm program going to be spending much more on this farm corn farmer would receive, assuming a and its costs that we have today. In bill,’’ Glickman said in a speech to the Na- return of about 110 bushel per acre, fact, for 1996 and 1997, they will cost tional Association of State Departments of which is reasonable. about $4.5 billion more than the cur- Agriculture. Many farmers and many farm organi- rent law. To save time and to stay away from zations that I will cite in my remarks For farmers, this sham is a little dif- being redundant, I ask unanimous con- realize and recognize that if you are a ferent. They have been led to believe sent that all of the articles I quote be 57-year-old farmer today, and I must that the freedom to farm contracts will printed in the RECORD at the conclu- say that that is about the average age protect them from fiscal unpleasant- sion of my remarks. of our farmers in Nebraska and very ness that will surely follow. I am sad to The PRESIDING OFFICER. Without likely near the average age of our say that these contracts that are wide- objection, it is so ordered. farmers in the United States as a ly heralded have been grossly oversold. (See exhibit 1.) whole, if you are going to farm 7 more Farmers have been led to believe that, Mr. EXON. Mr. President, I wish to years, and then when you are 65 and re- once they sign up, their payments from carry on the discussion of the sky- tire, this is a pretty good bill, because the Federal Government will be locked rocketing costs under the new farm it gives you handsome payments from in and no one can do anything about it. bill. I wish to also quote from an arti- the taxpayers that cannot be justified. A few moments ago, we were talking cle from the Omaha World Herald of In the end, it leads to nowhere, 7 about the rules of the U.S. Senate. One February 25, 1996. The headline is: years of transition payments. What of the rules that we all know very well ‘‘USDA: Dairy, Cereal Prices Expected does transition payments mean? Tran- is that one Congress cannot bind the to Rise.’’ sition payments were intended and I succeeding Congress. Farmers should This story goes on to say that: predict eventually will be a payoff to bear this in mind. The reality is that Food prices in the United States are likely farmers in rather handsome numbers future Congresses will almost certainly to increase less than the rate of inflation through welfare, and they will receive take a butcher knife to the Freedom to this year, with meat prices expected to de- this check from the Federal Govern- Farm Act, and I believe that we all cline, Government economists say. However, the price of milk should rise by 4 ment whether they even plant or not, should recognize and realize that. percent to 5 percent over last year because of whether they even go to the field. They These farm payments that will be re- the lowest surpluses of dairy products since get this check from the taxpayers. ceived under the Freedom to Farm Act the mid-1970’s, the Agriculture Department But many farm groups are protesting have no relationship to farm produc- said. this, and rightly so. tion or to the commodity prices that This goes on to explain what is hap- Mr. President, I cite an article that I the farmers receive. pening and what the freedom to farm have in my hand from the Omaha I agree that we should be cutting out policy, if you want to call it that, will World Herald, again, on February 23, all or most of the red tape that the do for both the consumers of America 1996, and this headline says: ‘‘Hundreds farmers have to wrestle with each and and the producers as well. Expected to Protest Farm Bill,’’ by every year. We should provide a piece Mr. President, I will further com- Ann Toner of the Omaha World Herald. of farm legislation that provides much ment on an article from the Lincoln By bus, car and van, farmers from as far more flexibility, if not total flexibility, Journal Star of February 25, 1996, and away as North Dakota are expected to gath- as to what the farmers plant and how this one is headlined: ‘‘Bill Raises er in Wichita, KS, today to voice their oppo- much they plant of a given product. Farm Costs, Officials Say,’’ by Robert sition to the latest farm program proposals But what kind of protection will the Greene of the Associated Press. to gain House and Senate approval. Loosely dubbed the Freedom to Farm Act, freedom to farm contracts provide? Not WASHINGTON.—A farm-program overhaul enough. The National Center for Agri- the proposed law—officially, the Agricul- that the Senate passed this month will raise tural Marketing Transition Act in the Sen- cultural Law Research and Information spending rather than save billions of dollars ate—is in its final stages in Washington. was asked to make a careful review of as Senate budget writers had planned, the This goes on to identify the farm or- the freedom to farm bill. They con- Senate Budget Committee says. ganizations and some of the farmers cluded that, ‘‘* * * the annual pay- ‘‘We’ve lost all our savings,’’ said Bill who made that trip to Wichita. ments are not guaranteed for the life of Hoagland, the committee’s staff director. The original farm-program changes in the The next article that I will reference the Freedom to Farm legislation.’’ budget-balancing legislation vetoed by Presi- is, again, from the Lincoln Journal The facts, Mr. President, could not be dent Clinton last year would have cut spend- clearer. This is a sad commentary on Star. This is Sunday, February 25, 1996. ing for agriculture programs by $4.6 billion. The headline is, ‘‘Only people who the way the farm bill has been handled, The Senate-passed farm bill instead costs eat need to worry about our food pol- and I simply want to set the record $200 million to $380 million more over the straight, make it very clear on several next seven years than if the farm bill had icy.’’ And the first paragraph of this very important points. been left alone, Hoagland said. article by Sally Herrin says: Mr. President, let me start out by Mr. President, I simply say that this The United States Senate put the family quoting from several publications with farm bill, indeed, is backed by some farm up for sale when it voted 64–32 to send regard to the costs that very likely farm organizations. I happen to think Bob Dole’s Agricultural Marketing Transi- tion Act, S. 1541, to the House of Representa- will skyrocket and make it even that that they are taking a very short- tives tomorrow morning, Feb. 26. This is a much more difficult to balance a budg- sighted approach to the whole propo- modified version of Bill Barrett’s and Newt et. sition. Gingrich’s Freedom to Farm proposal which I quote first from an article from the This farm bill leaves beginning farm- is the ‘‘final solution’’ to farm programs. Omaha World Herald of February 27, ers out in the cold. It provides a rather But farm programs are just for farmers 1996. The headline is: ‘‘Glickman Says handsome payment for the next 7 rights? Think again. New Farm Plan’s Costs are Higher.’’ years. To those who have participated And Sally Herrin goes on to explain We all know that Dan Glickman is Sec- in farm programs in the past, I have in great detail how bad this freedom to retary of Agriculture and a farm expert cited earlier in speeches on the floor in farm bill actually is. who previously served on the Agri- this regard that if you take, for exam- Likewise, I will include in the culture Committee of the House of ple, a 500-acre corn farm—and those of RECORD an editorial from the Lincoln Representatives with great distinction. us who know and understand agri- Journal Star of February 18, 1996. This

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1892 CONGRESSIONAL RECORD — SENATE March 12, 1996 editorial is entitled ‘‘Freedom To system of independently owned and operated a big win in the Senate-passed overhaul of Farm: An excuse To Abandon Agri- family farms to that of contract production. the farm bill. culture.’’ Mr. President, in addition to that, The ‘‘Freedom to Farm’’ bill, as it’s called, stops the government from forcing growers I will read the first two or three which will be printed in the RECORD, to idle land in order to keep their Federal paragraphs of this editorial because, in there is a bulletin of about 9 or 10 payments. It says farmers can grow the crop summation in a few words, this does items entitled: ‘‘What’s wrong with the that they most likely will sell without losing about as good a job as I could imagine Farm Bill approved by the Senate?’’ government payments usually tied to a par- in saying what is wrong with this Clearly, in the opinion of the reliable ticular crop. For 7 years, at least, the gov- measure. National Farmers Union it is a dis- ernment would fix the price of corn, wheat and other row crops. Blow a little dust off your memories of the aster. 1988 Senate race in Nebraska. David Karnes What are other knowledgeable people Further down in the article is an in- is at the podium at State Fair Park in Lin- who have had great experience in agri- teresting quote from our distinguished coln. Row after row of Republican cheer- culture saying? This time from the Re- friend and colleague, the Senator from leaders lean forward, gathering themselves publican side of the fence. Minnesota: for their next explosion. But coming out of I refer to an article in the Sioux ‘‘In the long run it says you’re on your own Karnes’ mouth are these fateful words: ‘‘We Falls Argus Leader of February 25, 1996, with Cargill. You’re on your own with the need fewer farmers at this point in time.’’ by George Anthan. George is with the Chicago Board of Trade,’’ said Sen. PAUL Groans. Gasps. Even boos. Cheerleaders Georgia Net News Service and is a col- WELLSTONE, Democrat from Minnesota, tak- slump in their seats. Bob Kerrey seizes on ing on the Minnesota-based food giant. what Karnes later describes as a slip of the umnist. Cargill Inc. and the Chicago Board of Trade tongue and delivers a stern lecture. A few The headline of his column is: did work Congress. So did such giants as weeks later, voters elect Kerrey and cast ‘‘Iowans wary about Freedom to Farm General Mills Inc., Tysons Foods, Kraft Karnes into the basement of political es- bill.’’ Foods, Procter & Gamble, Union Pacific teem. It goes on to say: Railroad, Rabobank Netherlands, the Fer- But guess what? Eight years after a prom- Two of Iowa’s most respected voices on na- tilizer Institute and others who build a busi- ising conservative showed his poor grasp of tional agricultural policy—both of them Re- ness from agriculture. Unlike before, the food companies and the acceptable rhetoric, the underpinnings of the publicans and farmers—expressed strong trade groups banded together. In the fall of once unutterable are being uttered daily. As misgivings over the GOP’s Freedom to Farm 1994, more than 120 formed the Coalition for Congress and President Clinton stumble to- bill, which would guarantee subsidies to ward passage of a new farm policy, the words Competitive Food and Agricultural Systems. farmers regardless of market price. Cooper ‘‘It was probably the first time in history ‘‘freedom to farm’’ are much in vogue. They Evans of Grundy Center, a former Congress- are represented, not as the first step [the that a broad-based group in the food indus- man and former agriculture advisor to Presi- try had gotten together with market-ori- real steps] towards abandonment of agri- dent Bush’s White House, said the policy ad- culture, but as breath-taking reform. ented reforms in mind,’’ said spokesman Stu vanced under the Freedom to Farm bill Hardy, a former staffer on the Senate Agri- Likewise, Mr. President, I will quote ‘‘would be a disaster.’’ culture Committee, now with the United very briefly from another editorial, Mr. President, the article goes on and States Chamber of Commerce. this time of February 29, 1996, again says: It is really interesting, Mr. Presi- from the Lincoln Journal Star. This Thurman Gaskill of Corwith—long active dent. Any farmer or any farm organiza- headline is ‘‘Freedom To Farm: Free- in national farm policy affairs and a high- tion that really believes that business dom To Plunder Treasury.’’ And I ranking political operative for Presidents interests such as I have just men- quote: Nixon, Ford and Bush—said: ‘‘I don’t under- tioned, who for years have lived off of Farming experts will tell you that a farm- stand the thinking behind this. In the short cheap product prices, were very much term, it’s a hell of a deal. But I don’t think er who can’t make money raising corn at $3 instrumental in writing the freedom to a bushel should sell the tractor and move to it’s good for the long-term farm policy of this country.’’ farm bill. I think that fact alone, the town. Fortunately, most Nebraska farmers U.S. Chamber of Commerce, Tysons are much too smart to miss out on the $3 Evans, an influential member of the House corn and the profits that appear well within Agriculture Committee during his congres- foods, General Mills, Kraft Foods, reach as the 1996 growing season approaches. sional service, said: ‘‘To me, the important Procter and Gamble, Union Pacific, the But misfortune is in this picture, too—mis- point is that now is not the time for a pro- Fertilizer Institute—if those people fortune for taxpayers. Congress is ham- gram that can be viewed as strictly a gift in helped write this farm bill, there is no mering out a farm bill that proposes to give the sense that it’s not at all tied to need, not way that it can be both good for them these same savvy farmers as much as $40,000 all tied to current prices, not at all tied to and good for the producers. each in extra income, in precious tax money, supplies. ‘‘It’s just a gift, which seems to me to be Mr. President, there was another ar- this year. Why? Because that’s how Freedom totally incompatible with the fundamental ticle that drives home this point. This To Farm, the new approach that is supposed interest of both parties to whip the budget is from the Omaha World Herald of to get the government off the farmer’s back deficit.’’ February 25, 1996. This headline reads: is supposed to work. It puts more govern- Evans continued: ‘‘We’re making all kinds ment, more cost, on the taxpayer’s back in- ‘‘Businesses Put Muscle Behind Farm of claims on programs that have a much stead. Bill Push,’’ by David Beeder, Wash- larger constituency, and I think it makes ington, DC: Mr. President, next I will quote from those who support [the] (Freedom to Farm) Major changes in U.S. farm policy—passed a news release from the National [Act] extremely vulnerable to the criticism by the Senate and pending in the House—will that you’re cutting Medicare, [yes,] you’re Farmers Union, which is one of the get a big push all the way to the White cutting Medicaid . . . and yet you’re giving leading farm organizations whom I House from a powerful coalition of more this money to farmers regardless of what have worked closely with all of my 26 than 120 grain traders, processors, shippers, they do, regardless of what they plant, re- years in Government service. This retailers and producer organizations. gardless of what the prices are.’’ news release from the Farmers Union ‘‘We wanted to retain a farm income safety is headlined: I continue to quote: net but also eliminate acreage reduction pro- ‘‘It would be most inappropriate to do grams (ARP),’’ said Mary Waters of ConAgra Senate Farm Bill A ‘‘Sell out’’ Of Farm this.’’ Inc. of Omaha. ‘‘Both of these bills will do families, Says [the National Farmers Union] that.’’ President. Mr. President, who are some of the Washington, DC—The farm bill passed by supporters of the freedom to farm act, Now, Mr. President, ConAgra is lo- the U.S. Senate Wednesday was termed a other than the Republican majorities cated in my State. It is a very fine or- ‘‘sell out of American farm families and in both the House and the Senate? ganization. They are processors of food. their values to the special interests of agri- I reference at this point an article, I can see why they would be involved in business and a license for a few corporations again from the Lincoln Journal, of writing a farm bill, because, basically to further dominate the marketing, proc- speaking, the cheaper the cost of the essing and trading of agricultural commod- February 19, 1996. This headline says, ‘‘Big Agribusiness Enjoyed Benefits in raw products that they produce into ities’’ by National Farmers Union President edible food, the more money they Leland Swenson. Representing 250,000 farm, Senate Farm Bill.’’ ranch and other rural families across the na- Washington, Associated Press. With a mix make. I do not criticize ConAgra for tion, Swenson expressed concern that the of luck, work and unusual organization, the being concerned about agriculture Agricultural Transition Act would escalate lobby for big grain companies, railroads, prices, but I do not think they rep- the move of U.S. agriculture away from its meat companies, millers and shippers scored resent the family-size farmer:

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1893 Stu Hardy of the U.S. Chamber of Com- Secondly, some are concerned that there can remember, has a right, and they merce said the legislation could have been will not be any farm program after the sev- are getting what they want, along with strengthened if it had reduced the amount of enth year of the bill. These issues were also the chamber of commerce, along with acreage in the $36 million Conservation Re- the same as some members’ of the Farm Bu- the big-money interests that live off serve Program in which farmers are paid to reau. The following points were used, in part, idle land. If there is one part of the previous to make our policy determination. the products of the American farmer. If I were a farmer, I would not want those farm bill and if there is one part of the new Then it goes on to another para- farm bill that is generally supported by all organizations saluted and backed by graph. I would like to quote from the farm organizations—as far as I know, all or the New York Times, and to write a same letter from the Farm Bureau: most farmers—it is the Conservation Reserve farm bill, because down the road, in the Program, which has been very popular. Ac- In regard to the future farm policy after 7 future, this is going to come home to cording to the U.S. Chamber of Commerce, years, it is important to keep in mind that we would have been a whole lot better off if there are no provisions in the bill that re- haunt the safety net that we have re- we cut down the Conservation Reserve Pro- quire farm programs to be eliminated after 7 lied on for so long. gram. years. In fact, it is our view that public pol- Then there is another newspaper that Mr. President, there is a lot of misin- icymakers should actively debate what farm is well known as a big booster of agri- formation out there today about what policy should be after the year 2002, while culture. This time it is the Wall Street this program does. I have referenced considering such issues as supply and de- Journal of Friday March 1, 1996. It is several times this evening in my re- mand factors, international trade barriers, interesting to note that that is the marks the fact that the freedom to financial conditions of agriculture, mone- same date of the article that I just tary policy, trade policy, and other issues quoted from the New York Times. But farm act from its very beginning and important to our farmers and ranchers. inception was to provide transition the farmer friendly Wall Street gurus, payments originally to help reduce the Soft sell. Soft soap, because the very who speak frequently through the Wall costs—that has gone by the board thrust of the farm bill, known as the Street Journal, had this story. The now—but primarily to have a transi- freedom to farm act, was to use the headline is: ‘‘House Approves Ending tion from the present payments we transition payments to eliminate farm Costliest Farm Programs.’’ have historically had as part of the programs in the year 2002. Why else How ridiculous. I have just cited the program, when prices were low but not would you pay the handsome payments facts of the matter. Yet, the Wall when they were high as they are now, from the taxpayers to the farmer re- Street Journal, who understands the but we have been pounding this home. gardless of what the farmer is receiving stock market but has not a clue about Now, even some of the introducers of for his commodity? Certainly, that is agriculture, says, ‘‘House Approves the legislation have come around to the attitude of the New York Times. I Ending Costliest Farm Programs.’’ The say we should have something in there think it is rather interesting, Mr. Sub-headline is, ‘‘Plan to Be Phased in very cleverly in the Senate bill incor- President, that in addition to big busi- Over 7 Years, Would Stop Restrictions porated as permanent law. The 1949 act ness writing the farm bill, we have On Crop.’’ has been permanent law for a long, those great defenders of the American The story: long time as a fall-back position. That family-size farmer, the New York The House measure would spend $46.6 bil- is soft soap to agriculture because Times and the Washington Post, ap- lion through fiscal year 2002, including $35.6 when the people understand what is proving of this farm bill. They have billion for transition payment. going on, and after the ‘‘60 Minutes’’ never approved of any farm bill in the What we have here is total alloca- type program exposes this for what it history of the United States of Amer- tions, if subsequent Congresses approve is, it will be tough to get any kind of ica, but this one. Why is that? Because it—at least this is the plan—to provide responsible farm program through the they know what the intent is. They $46.6 billion through fiscal year 2002, Congress. know they are buying off the farmer, including all but $10 billion, or $35.6 For years I have fought, along with and it will all come to an end at the billion for transition payments: many of my colleagues, on the basic end of 7 years. It will have to be reconciled with a similar concept of selling to the 535 Members Mr. President, I quote from a New Senate bill in a House-Senate conference be- of the House and Senate the need for a York Times editorial of March 6, 1996. fore going to the White House for the Presi- farm bill, a safety net farm bill, that The headline is: ‘‘Big Changes Down on dent’s consideration. did not pay the farmers anything when the Farm.’’ Just some more, Mr. President, of prices were high but gave them a sti- It says: what is going on today with regard to pend that would get them somewhere The Senate and House-passed bills would the people who wrote the farm bill that near the cost of production when the phase out wheat, corn, rice and cotton sub- some farmers and some farm organiza- corn price—as it has historically—not sidies over a 7-year period. The Senate-House tions think is just hunky-dory. stayed at $3.10 to $3.50 a bushel, but conferees need to make it clear, as the House Mr. President, I may be wrong. when it drops to $2.10 to $2.50 a bushel bill attempts to do, that after 2002, farm wel- Maybe this bill will be the greatest below the cost of production. That is fare supplicants cannot count on reverting thing for agriculture that we have ever when we should have farm programs. to the old discredited law. seen. If so, on down the road I will sa- That is when they should kick in. They Further, it says: lute the Wall Street Journal, the Wash- should not kick in in a rich man type The House bill would make it harder for ington Post, the New York Times, the fashion of selling and buying off farm- lobbyists to extend the dole after 7 years and Union Pacific Railroad, Kraft Foods, ers with this healthy hefty payment is thus preferable to the Senate version. and the many farmers in my State, and for the next 7 years. Mr. President, also, I think it is in- I make reference, Mr. President, to many of my friends and colleagues here teresting to note this on the front page in the U.S. Senate who support this. I the Congressional RECORD of February of the New York Times of Friday, will salute all of you. 28, 1996, page 1429, to bring home how March 1, 1996. I reference that at this there is so much misunderstanding I will salute all of you. I might be point. Big farm paper, the New York wrong. But as one who has wrestled with regard to whether the safety net Times. It says: is going to be eliminated. There is in- with farm programs in fairness to rural House approves biggest change in farm pol- America for a long, long time, and who cluded on that page a letter from the icy since the New Deal. Farm Bureau to a Member of Congress. consults regularly with farmers and Well, that is an honest statement. It says here by the writer of the letter, farm organizations—in fact, just this Below that, it says: who is an official of the Farm Bureau: afternoon in Nebraska wheat growers Legislation phases out subsidies over 7 In my view, concerns about the ‘‘freedom were in to see me. And since this is my years. to farm″ approach have centered on two last year in the U.S. Senate they pre- points: First, opponents are concerned that You cannot have it both ways. Yet, sented me with a plaque that I treasure the contract payments will be viewed as wel- that is being sold today. saluting me for the help I have given fare payments. I simply say that the whole article to—and have been part of in—pro- I do not know what else they are, but will appear in the RECORD. It, once tecting the interests of family-sized I think it rancors them a great deal again, shows that the New York Times, farmers and the food production in when we call them welfare payments. an opponent of agriculture as long as I America. Each and every one of them—

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00105 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1894 CONGRESSIONAL RECORD — SENATE March 12, 1996 there were seven there—were firmly Glickman’s speech before state agricul- [From the Omaha World-Herald, Feb. 25, opposed to the so-called freedom-to- tural directors was followed a few hours 1996] farm act. Yes. There are lots of farmers later by Rep. Pat Roberts, R-Kan., chairman USDA: DAIRY, CEREAL PRICES EXPECTED TO out there that have bought on to this of the House Agriculture Committee, who de- RISE fended the plan to guarantee annual pay- WASHINGTON.—Food prices in the United very expensive and unfair program that ments to farmers. I am very fearful will be the death States are likely to increase less than the He disputed Glickman’s estimate that the rate of inflation this year, with meat prices knell for farm safety nets and make it legislation would cost $20 billion more than expected to decline, government economists almost impossible for young farmers would extending the farm law that expired say. who do not share in this program. The Dec. 31. However, the price of milk should rise by 4 money only goes to farmers who have Roberts said the Freedom to Farm Act, percent to 5 percent over last year because of been in the program previously. It is a which he has co-sponsored with Rep. Bill the lowest surpluses of dairy products since bad piece of legislation. Barrett, R-Neb., would reduce the average the mid-1970s, the Agriculture Department predicted. I am about to withdraw my objection annual cost of commodity subsidies from $10 billion a year to $5 billion. The Consumer Price Index for food rose 2.8 only with the hope that maybe some percent last year—the overall CPI was up 2.5 miracle will occur and we will be able ‘‘The Freedom to Farm Act will save $5.2 billion over seven years, and that’s what I percent—and higher prices for fruits and vegetables were the prime reason, USDA to get some changes in a whole series intend to say on the House floor Thursday Chief Economist Keith Collins noted in a re- of areas made in the conference with when we debate this legislation.’’ Roberts port to the annual Agricultural Outlook the House, and that a conference report said. Forum. which is eventually forwarded back to ‘‘What this debate is all about is who ‘‘In 1996 the highlight for the American the House and the Senate will have a makes the decision,’’ he said. ‘‘We feel very consumer will be food-price increases below much improved farm bill. strongly that under Freedom to Farm, the the overall inflation rate, as the strong in- In the meantime, I have consulted farmers make the decision. They have the crease in meat production lowers meat prices with the Secretary of Agriculture freedom to plant whatever they want to slightly,’’ Collins said. Red meat and poultry about this on several occasions. I have plant.’’ account for 24 percent of the at-home food discussed this with the President of the Roberts said the high prices being paid for CPI. crops this year have had little effect in the With average weather, Collins added, this United States. Some people are specu- Great Plains, where poor growing conditions year’s fruit and vegetable price increases lating right now that the President left many farmers with little or nothing to should be less than last year’s. Although the will sign the bill, or that he will not sell. price of cereal and baked goods should go up sign the bill. I know that the President Under the 1990 farm law, many of these because of rising grain costs, the increase is of the United States has not made up farmers received subsidy payments in ad- likely to be no more than about 5 percent be- his mind. The Secretary of Agriculture vance, he said. cause farm-level grain prices represent only about one-tenth of the retail prices of the has not made up his mind. They are Those subsidies must now be repaid even though a farmer may have lost the crop, finished products. waiting the outcome of the conference. The USDA forecast relies in large part on Roberts said. I hope we can have a bill that makes the expectation that 1996 beef production some sense. ‘‘It is true that if you have the current will increase by 2 percent to 3 percent de- (1990) farm bill the farmer gets no payment spite higher feed costs. This envisions feed With that I withdraw my objection this year or next year, but he has to pay that I raised earlier, and I will work corn prices peaking at about $3.70 per bushel. back advanced deficiency payments and However, Collins said, ‘‘If 1996-crop corn constructively with all concerned to there is no requirement for conservation prices were to move into the $4-per-bushel make changes in this bill in conference compliance,’’ Roberts said. range due to reduced yield prospects, hog that I think are absolutely essential. and poultry producers would reduce animal Mr. President, I yield the floor. [From the Omaha World-Herald, Feb. 27, numbers first with cow-calf operators mak- EXHIBIT 1 1996] ing their big reductions in the fall. ‘‘The result would be higher meat prices in [From the Omaha World-Herald, Feb. 27, STATE AG LEADERS WON’T BACK PLAN 1996] late 1996 and into 1997, and, for beef, into 1998 WASHINGTON.—State agriculture leaders and beyond.’’ GLICKMAN SAYS NEW FARM PLAN’S COSTS ARE from Nebraska and Iowa said Monday they USDA foresees record-high season-average HIGHER could not support farm legislation that guar- farm prices for wheat in this harvest year (By David C. Beeder) antees a fixed government payment to farm- and near-record prices for corn. Carryover WASHINGTON.—Legislation guaranteeing ers regardless what they are paid for their stocks of wheat on June 1 are forecast at 346 farmers more than $40 billion over seven crops. million bushels, which, as a percent of total years would cost the federal government $20 Larry Sitzman, Nebraska director of agri- use, would be the lowest since 1947–1948. Corn billion more than it could cost to extend a culture, said the plan would be politically carryover was put at 457 million bushels, farm law that expired Dec. 31, Agriculture vulnerable in a period like today when farm- lowest as a percent of use since 1937–1938. Secretary Dan Glickman said Monday. ers are receiving high crop prices. Such low stocks make it very difficult to ‘‘For the first two or three years, we know ‘‘I am concerned that a seven-year pro- forecast prices, Collins acknowledged. ‘‘The we are going to be spending much more on gram with guaranteed benefits would be dif- low stocks have put feeders, processors, trad- this farm bill,’’ Glickman said in a speech to ficult to sell with the mood of Congress and ers and consumers at much greater risk if the National Association of State Depart- the mood of taxpayers in this country,’’ 1996 harvests are subpar.’’ ments of Agriculture. Sitzman said. With higher corn prices, better planting weather and no reduction in acreage, USDA Farmers would receive little or no subsidy He said the plan, if adopted, could lead to said corn planted this year may increase payments if the five-year 1990 farm law still elimination of a long-standing policy of sub- nearly 15 percent, to more than 80 million were in effect, Glickman said. sidizing farmers during periods of low crop acres. Winter wheat acreage was up 7 per- ‘‘Why? Because prices are higher now,’’ he prices. said. cent, and total wheat acreage this year could ‘‘The safety net probably would be gone in Subsidies, under 60-year-old U.S. farm pol- rise about 6 percent, to 73 million acres. two years,’’ said Sitzman, who operates a icy, have been based on the difference be- That would support a wheat price near the 2,000-acre farm near Culbertson, Neb. tween the market price of crops and the so- $4-a-bushel level. called target price set by Congress, which is Dale Cochran, Iowa secretary of agri- usually higher. culture said he expects Congress to pass a [From the Lincoln Journal Star, Feb. 25, Glickman said economists at the U.S. Ag- farm bill that includes guaranteed payments 1996] riculture Department expect the market while continuing to provide subsidies when BILL RAISES FARM COSTS, OFFICIALS SAY price of corn and wheat to match or exceed crop prices fall. (By Robert Greene) Cochran, of Eagle Grove, Iowa, said it target prices for two or three years. WASHINGTON.—A farm-program overhaul He said giving farmers a guaranteed an- would be difficult to convince taxpayers that that the Senate passed this month will raise nual payment in a period when they are farmers should receive a payment when crop spending rather than save billions of dollars being paid high market prices ‘‘could create prices are high. as Senate budget writers had planned, the potential political problems’’ for farm legis- Cochran, a Democrat who served more Senate Budget Committee says. lation in the future. than 22 years in the Iowa House of Rep- ‘‘We’ve lost all our savings,’’ said Bill ‘‘We need a well-rounded farm bill, one resentatives, is in his third term a secretary Hoagland, the committee’s staff director. that people in nonrural areas can support,’’ of agriculture, an elective office in Iowa. The original farm-program changes in the he said. ‘‘That’s what we are working on, and Sitzman, a Democrat, was appointed direc- budget-balancing legislation vetoed by Presi- we think the Senate bill moved a few steps tor of the Nebraska Agriculture Department dent Clinton last year would have cut spend- in that direction.’’ by Gov. Nelson in 1991. ing for agricultural programs by $4.6 billion.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00106 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1895 The Senate-passed farm bill instead costs [From the Omaha World-Herald, Feb. 23, In fact, Glickman isn’t even scheduled to $200 million to $380 million more over seven 1996] arrive until the rally is over. years than if farm law had been left alone. HUNDREDS EXPECTED TO PROTEST FARM BILL The sponsors said Glickman is coming to Hoagland said. (By Ann Toner) Wichita for the sole purpose of breaking The new estimates create problems for the bread with the farmers, speaking and an- By bus, car and van, farmers from as far farm bill as the House prepares to take it up swering questions from farmers after dinner. away as North Dakota are expected to gath- this week. Many added costs were the result National Farmers Union President Leland er in Wichita, Kan., today to voice their op- of amendments needed to ensure its 64–32 Swenson and Farmers Union leaders from position to the latest farm program pro- passage Feb. 7. Those amendments included about 15 states are expected to be in attend- posals to gain House and Senate approval. guaranteed spending for new conservation, ance. Loosely dubbed the Freedom to Farm Act, rural development and farmland preserva- ‘‘After two years under this program, pro- the proposed law—officially, the Agricul- tion programs. duction would increase significantly, driving tural Marketing Transition Act in the Sen- Stripping down the bill could lose votes, down prices,’’ Swenson said. That would many from Democrats, when a final version ate—is in its final stages in Washington. While some other farm groups favor the leave farmers no chance to sell their crops at is crafted. Or law-makers could be forced to a profit, he said. tinker with the core ‘‘Freedom to Farm’’ proposal, the opponents believe that unless substantial changes are made, President Gene Paul of Delavan, Minn., president of proposal, which substitutes fixed-but-declin- the National Farmers Organization, also op- ing payments for unpredictable, price-based Clinton should veto the bill. ‘‘Doing nothing is a far better option than poses the bill. crop subsidies. ‘‘Freedom to Farm will do nothing to im- Democrats remain opposed to ‘‘Freedom to committing economic suicide just to end the prove the image of agriculture, nor will it Farm’’ because it continues to pay farmers suspense of waiting,’’ said John Hansen of deal with the solution of America’s farm even when crop prices are high. New projec- Tilden, president of the Nebraska Farmers problem: sustained, profitable commodity tions released last week by the U.S. Depart- Union. prices,’’ he said. ment of Agriculture suggest that farmers Proponents ‘‘listened to the grain trade Wheat grower Tom Giesel of Larned, Kan., will cash in big if Congress removes the link and shut out the interests of production ag- one of the organizers of the rally, said farm- between farmer payments and movements in riculture,’’ he said. ‘‘It’s a hostile takeover ers, not farm leaders, will speak. crop prices. of ag policy by the grain trade that will flood Prices for major crops are expected to be the market with lots of cheap product at the ‘‘We’ve invited speakers who can speak high for several years because of heavy world expense of family farmers.’’ from the heart about how this farm bill will demand and extreme shortages going into John Whitaker, president of the Iowa affect their farms and rural communities,’’ the wheat and corn harvests this year. Farmers Union, said he hopes to convince Giesel said. ‘‘Their message, that this bill As a result, crop subsidies could wind up Agriculture Secretary Dan Glickman that will devastate the rural economy, is very im- costing a little more than $12 billion over unless substantial changes are made in the portant for people to understand.’’ seven years, the figures show, if farm law is bill, Clinton should veto it. More than a busload of Nebraskans are ex- unchanged. ‘‘Real farmers don’t want welfare,’’ pected to attend the Wichita event, said The Senate bill and the version headed for Whitaker said. ‘‘We want to veto it and un- Hansen, the Nebraska Farmers Union presi- the House calls for giving farmers $35.5 bil- less it can be improved, revert to 1949 law. dent. lion over seven years—nearly three times ‘‘Under the Senate bill, you don’t even Other Nebraskans will represent the Amer- what the Agricultural Department forecasts. have to farm for seven years to get a pay- ican Corn Growers Association, the Nebraska The department estimates are based on ment. Farm programs are supposed to be a State Grange, the NFO, the Nebraska Wheat more optimistic forecasts for crop prices safety net. In years when they don’t need it, Growers Association and the League of Rural than those used by the Congressional Budget like this year, they shouldn’t get a pay- Voters. Office, which Congress uses for estimating ment.’’ Hansen said he and many of the attending program costs, and other forecasters. The final bill isn’t finished—House and Nebraskans believe the House and Senate The wide gap points to the larger debate Senate versions are due to be reconciled be- bills would make their farms too vulnerable over the massive overhaul, including who fore being forwarded to Clinton—but oppo- to the marketplace and the whims of grain should get the money. nents said they are meeting now to send trading giants. The Republican bill guarantees the pay- their message to Washington. ‘‘It’s a political and economic bonanza to ments against future budget cuts and leaves But the proposal has strong defenders, said the grain trade,’’ he said. ‘‘They got what the way open for farm programs to end after Rep. Bill Barrett, R-Neb. they’ve wanted for a long time.’’ seven years. The high payments in 1996 will ‘‘This bill echoes the sentiment of the ma- Hansen said the promise of payments to offset the $2 billion in advance subsidies that jority of those in agriculture,’’ Barrett said. farmers during the transition without pro- farmers will have to refund from 1995 because ‘‘This bill provides planting flexibility, gram restrictions would be so offensive to prices shot up. promises full production, and allows farmers taxpayer groups and members of Congress The Democrats, including Agriculture Sec- to manage their own businesses based on that it will ‘‘set us up for the political kill’’ retary Dan Glickman, say farmers still need economic factors without government inter- later on. a safety net in case crop prices unexpectedly vention.’’ Roy Frederick, a public policy specialist plunge—despite the department’s rosy pre- Rob Robertson, vice president of the Ne- for the University of Nebraska-Lincoln, said dictions. braska Farm Bureau Federation, said provi- calling it an Agricultural Market Transition Advocates for conservation and more help sions of the law would ‘‘benefit farmers by Program is appropriate. to small farmers say that locking in pay- providing income stability over seven years ‘‘It seems highly unlikely that flat pay- ments to farmers, including the large ones, and allowing U.S. agriculture to compete in ments without regard for market conditions means danger, especially if the House the world marketplace.’’ could last beyond 2002,’’ Frederick said. version passes without any of the Senate Opponents include Sen. J.J. Exon, D-Neb. John Dittrich of Meadow Grove, Neb., who ‘‘If we buy into the Freedom to Farm Act amendments. will speak at the rally, said ending price sup- ‘‘The likely result will be that future agri- now, by the year 2002 there would be no farm ports would be ‘‘extremely destabilizing to culture budget cuts will be in beginning programs at all, no safety net, not any- farmers and destabilizing to consumers.’’ farmer, rural development, research and con- thing,’’ Exon said. ‘‘For the next seven years, The increased risk of farming without a servation programs,’’said Chuck Hassebrook, it turns farm programs into welfare pro- safety net would discourage young farmers an analyst with the Center for Rural Affairs grams.’’ from entering the business and jeopardize in Walthill, Neb. Today’s rally is scheduled to start at 4 p.m. older farmers, Dittrich said. Andy Fisher, spokesman for the Senate in the parking lot of the Cotillion Ballroom He said the proposals are influenced by Agriculture Committee, hinted that the in Wichita. Between 1,500 and 2,000 farmers businesses and ‘‘legislative theoreticians’’ Freedom to Farm payments may have to be are expected to participate, representing sev- who don’t understand the risks and instabil- cut. He also said the committee was await- eral farm groups that oppose all or parts of ities of farming. ing final cost estimates from the Congres- the proposal. ‘‘They’ve never had to look nature in the sional Budget Office. Some of the groups represent mostly small He noted that the 1990 farm bill cost $57 farmers, but others have many large-farm eye the way farmers have had to do,’’ he billion over five years—$15 billion more than members as well. said. forecast. The new bill would allow no such After the rally and a 6 p.m. barbecue, a 7 KEY PROVISIONS OF ‘‘FREEDOM TO FARM’’ ACT overruns. p.m. question-and-answer session with Glick- Subsidies Hoagland, at the Budget Committee, said man is planned inside the ballroom. Eliminate crop subsidies and reduce pay- that even though the farm bill had been sep- Glickman, a former Kansas congressman, ments annually to farmers, ending them al- arated from the budget-balancing bill: ‘‘Most opposes many aspects of both versions. together in seven years. of our discussions had always assumed that But sponsors of the Glickman dinner—Kan- we would still get some savings, even in any sas Farmers Union and KFDI, a Kansas radio Planting final negotiated agreement, in the $3 billion station—said Glickman is not coming to Eliminate crop acreage restrictions. Farm- to $4 billion range. But we have no savings at Wichita either to take part in the rally or to ers would be allowed to plant as much or lit- all. We have a cost.’’ be rallied against. tle of any crop as they choose.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00107 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1896 CONGRESSIONAL RECORD — SENATE March 12, 1996 Maximum payments most of them right up to retirement. Who own. Yet. But unless our president and rep- Lower the maximum payment to farmers will farm then? resentatives get a lot of calls and wires to- under the programs from $50,000 to $40,000 Nebraska lost 33.9 percent of its rural pop- night, we’ve just sold the family farm. but enlarge provisions that could increase ulation between 1980 and 1990. Just as agri- payments to large farmers who create sev- culture is the prime economic base for the [From the Lincoln Journal Star, Feb. 18, eral subentities. state as a whole, farm families are the eco- 1996] nomic base for the main street businesses FREEDOM TO FARM: AN EXCUSE TO ABANDON Conservation which serve them. When the families leave AGRICULTURE Senate version: Reauthorize the Conserva- and fail, the towns dry up and stand rattling Blow a little dust off your memories of the tion Reserve Program through 2002 for up to like pin oaks in the wind. 1988 Senate race in Nebraska. David Karnes 36.4 million acres, provide incentives for Earl Butz—former secretary of agriculture, is at the podium at State Fair Park in Lin- farmers leaving the program to protect the forced to resign for telling off-color, racist coln. Row after row of Republican cheer- most environmentally sensitive land and jokes and later convicted of income tax leaders lean forward, gathering themselves fund a program to reduce pollution from fraud, mentor to Clayton Yeutter and eco- for their next explosion. But coming out of farm and livestock runoff. nomic godfather to Freedom to Farm—Earl Karnes’ mouth are these fateful words: ‘‘We House version: Reduce the Conservation Butz described rural depopulation resulting need fewer farmers at this point in time.’’ Reserve Program and allow land to be with- from low commodity prices this way: ‘‘This Groans. Gasps. Even boos. Cheerleaders drawn from the program at any time. trend toward fewer farms isn’t bad. Rather, slump in their seats. Bob Kerrey seizes on Future it’s good because it frees a larger percentage what Karnes later describes as a slip of the Senate version: Require Congress to pass of the population to become productive tongue and delivers a stern lecture. A few additional farm legislation when the current members of society.’’ weeks later, voters elect Kerrey and cast bill expires. While Butz and Yeutter laid the ground- Karnes into the basement of political es- House version: Instead of requiring a new work for the industrialization of our food teem. bill, name a Commission on 21st Century supply, it has taken Dole and Gingrich to But guess what? Eight years after a prom- Production Agriculture to make future pol- bring big business to its perilous new heights ising conservative showed his poor grasp for icy recommendations. of corporate economic advantage, which is acceptable rhetoric, the underpinnings of the what Freedom to Farm is all about. once unutterable are being uttered daily. As The only people who should care about LUGAR TO KEEP CAMPAIGNING, HOLD AG Congress and President Clinton stumble to- farm policy are the people who eat. As for so PANEL POSITION ward passage of new farm policy, the words much else in modern life, we are in denial ‘‘freedom to farm’’ are much in vogue. They WASHINGTON.—Sen. Dick Lugar, R–Ind., about how food comes to our table. But no are represented, not as the first step toward said Thursday that he would not consider Martha Stewart recipe will take away the abandonment of agriculture, but as breath- stepping down as chairman of the Senate Ag- stink of corporate hog farming and the envi- taking reform. riculture Committee while he continues ronmental and economic devastation that it When Karnes charged into Lincoln with a campaigning for the Republican presidential means to communities just across the Mis- solid shot at beating Kerrey, the nomination. souri River in Iowa. underpinnings for sweeping change were Lugar also said that Sen. Bob Dole, R– National food security is a matter of rea- called ‘‘decoupling.’’ It was a simply slogan Kan., should remain as Senate majority lead- sonable production goals that also give meant to break the link between public pay- er while campaigning for the nomination. something back to the land, and it’s a mat- ments to financially challenged farmers and ‘‘I think Bob Dole is doing a great job as ter of a strategic food reserve. Freedom to public attempts to manage grain supplies our majority leader.’’ Lugar said at a press Farm creates planting chaos and a world of and natural resources. conference. ‘‘I hope I have done a good job boom-and-bust cycles with huge surpluses Eight years later, ‘‘freedom to farm’’ is a getting a farm bill through the Senate.’’ and terrible shortages. The last time the ag- softer sell of essentially the same thing. If Lugar, who received less than 6 percent of ricultural market was this ‘‘free,’’ they conservatives have their way with the next the vote in the Iowa party caucuses and the called it the Great Depression. It not only farm bill, farmers will still get money from New Hampshire primary election, said he can happen here, it has. the government over the next seven years, plans to continue campaigning ‘‘as long as Freedom to Farm means seven years of de- but there will no longer be any requirement there is money and some momentum.’’ coupled welfare payments to farmers, politi- of idle acres. cally indefensible in times when welfare to The trouble with this policy is that it ne- [From the Lincoln Journal Star, Feb. 25, poor women and children being gutted, and glects farmers’ protection against moun- 1996] lending new meaning to ‘‘planned obsoles- tainous and ruinous grain surpluses. It ne- ONLY PEOPLE WHO EAT NEED TO WORRY cence.’’ glects consumers’ protection against short- ABOUT OUR FOOD POLICY In a letter to the editor (LJS, Feb. 21), Bill age. It edges farmers away from earning (By Sally Herrin) Barrett claimed his proposal was designed to their way by conserving and under-utilizing let farmers get their income from the mar- their land assets. The new policy has the The United States Senate put the family ket. But his bill strips farmers of their tradi- government doling out compassion and dol- farm up for sale when it voted 64–32 to send tional marketing tools, including the Farm- lars in diminishing increments over the next Bob Dole’s Agriculture Marketing Transition er-Owned Reserve and the Emergency Live- seven years. Act. S1541, to the House of Representatives stock Fee Program, and caps the loan rate Momentum is still building to send this tomorrow morning, Feb. 26. This is a modi- for corn at $1.89. Since loan caps in practice very message to farmers by mid March, be- fied version of Bill Barrett’s and Newt Ging- generally become price ceilings, this means fore the last-ditch deadline for enrollment in rich’s Freedom to Farm proposal, which is farmers selling corn at or below the cost of the payment-compliance system and the the ‘‘final solution’’ to farm programs. production. start of planting season. The freedom to But farm programs are just for farmers, The food sector, the most profitable in the farm crowd continues to describe it as the rights? Think again. national economy bar none, is shared by four one true path toward self-reliance and cut- Concerned about the environment? No wil- corporations: Cargill, ConAgra, ADM and ting into the federal debt. derness protection initiative has anything IBP. Mexican farmers call them the Coyotes, It is not. It’s not even close. Reformers like the impact on soil and water quality and I’m hoping the tag will catch on. could save tons of money if they just tar- that a national farm policy has, because There is no free market. The food sector geted farm payments toward the smaller and farmers and ranchers own more than three- has become a system of shared monopolies, often younger farmers who need them and fourths of the non-public land in the coun- and by letting men like Dole and Barrett cut off the big farmers who have plenty of try. And while S1541 retains authorization shape our national policy who consistently equity and cash. In what may be the only for the Conservation Reserve (the butt of favor big corporations at the expense of the country in the world that has never known many a late night’s comic joke, this poorly public good, we permit it to happen. food shortages, rational policy makers could understood program builds the nation’s envi- While you may want government off your keep a proven food security system in place, ronmental capital), the stone truth is the back as the shadow of tax time creeps near, cut costs and still offer farmers familiar in- carrot-and-stick good faith partnership be- you’d do well to remember that government centives for controlling erosion and ground- tween ag producers and the nation is broken. is all you’ve got to mitigate, much less con- water contamination. Added long-term conservation goals will be trol, big business. According to the most recent portrayals of sacrificed for short-term economic survival. Bob Dole has been one of Archer Daniels its leadership, the American Farm Bureau Is food security national security? Euro- Midland’s best long-term political invest- Federation, the largest alliance of grain pro- peans old enough to have survived World War ments. Bill Barrett, ConAgra’s largest single ducers nationally and in Nebraska, is among II would say so. Yet, the proposed farm bill PAC recipient for the years 1980–92, is repay- those sold on much rasher behavior. Its le- excludes farmers who haven’t participated in ing his contributor with the Freedom to gions are ready to roll up their sleeves, re- farm programs in at least one of the last five Farm the Farmer is Spades. nounce reliance on tax dollars, and exercise years, cutting off farm kids at the knees. The farm hits the auction block tomorrow this new freedom to farm. The average farmer in Nebraska is 57. morning when the House takes up debate. According to recent portrayals by Sen. Jim Seven years of declining severance pay takes The land is the only thing the Coyotes don’t Exon, the Farm Bureau is mentally ill. It

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00108 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1897 must be schizophrenia. Exon said, that has A typical Nebraska farmers could easily prices, lower farm income and make it dif- its spokesmen calling for more of the same make $200 an irrigated acre in profit in 1996— ficult for young farmers to enter production in the federal-farmer partnership one mo- $200 after expenses. If he has 1,000 acres of agriculture,’’ said Swenson. ‘‘We will urge ment and much less of the same the next. corn, that’s profit in six figures. That’s not President Clinton to veto the proposal if it Those eager to demolish farm programs the sort of financial statement that ought to reaches his desk.’’ suggest the average farmer is a millionaire, be supported by another $40,000 from tax- ‘‘Beyond the devastating economic impact because he has a million dollars’ worth of payers. this proposal would have on rural commu- paper assets. They smugly suggest that the Much less likely, but not impossible is this nities, we need to question the long-term government could have bought all the farm- market scenario: A bad export forecast or consequences of a food supply controlled by land in 41 states with the money it spent on the kind of weather that causes bin-busting a handful of multi-national corporations. We the farm program in the last 10 years. surpluses intrudes in the next few weeks, also need to ask ourselves if such a system of Much of this is the rhetoric of insanity. prices plummet, and this financial safety net food production is worth the environmental But regardless of what farm groups and is suddenly woefully inadequate. degradation and the loss of rural businesses farmers really want, consumers should em- The point in either case is that this twist- and infrastructrue,’’ said Swenson. brace sanity and a system that can continue ed vision of farm policy helps farmers when to serve their food needs at a more accept- they don’t need help and could well help WHAT’S WRONG WITH THE FARM BILL able budget price. them too little when they need lots of help. APPROVED BY THE SENATE? Reform is a wonderful thing. Adjusting That’s what Freedom to Farm would do if it S. 1541, the Agriculture Market Transition farm policy so that farmers are cast in the passes in present form. Act, is still ‘‘Freedom to Farm.’’ This is the role of welfare recipients is not reform. It is As it exists in the House, scene of the de- grain trade bill, designed as a watershed leg- a calculated abandonment of government’s bate this week, it is even worse. Freedom to islation to end farm programs. crucial role in ensuring a good supply and Farm on the House side is also woefully defi- This bill decouples production from pay- reasonable food prices. cient in protection of soil and water re- ments. Farmers don’t want decoupled wel- sources and in support for rural development TERM LIMITS CAN’T GOON’96 BALLOT fare payment, they want a fair price for what of things that should matter to farmers, to they produce. In a political climate where Any attempt to put another question deal- consumers, and anybody who understands welfare payments to the poorest children are ing with term limits on the November ballot that farm policy is also food policy and envi- under attack, given the already massive na- could run afoul of the Nebraska Constitu- ronmental policy. tional negative press characterizations of tion, said Secretary of State Scott Moore. In all of those areas, Congress has edged farmers as rich welfare cheats, given the de- Article III, Section 2 of the constitution dangerously close to handing us bad policy. says: ‘‘The same measure, either in form or clining population and political base of farm- SENATE FARM BILL A ‘‘SELL OUT’’ OF FARM in essential substance, shall not be sub- ers, given the fact that farmers will collect FAMILIES, SAYS NFU PRESIDENT mitted to the people by initiative petition, decoupled welfare type payments during pe- either affirmatively or negatively, more WASHINGTON, DC.—The farm bill passed by riods of relatively high commodity prices, often than once in three years.’’ the U.S. Senate Wednesday was termed a Congress will most likely eliminate the The Nebraska Supreme Court last week ‘‘sell out of American farm families and Farm Bill before its scheduled 7 years. This threw out term limits that were placed on their values to the special interests of agi- amounts to an invitation to our own hang- the ballot in 1994. business and a licence for a few corporations ing. Moore said his warning did not apply to a to further dominate the marketing, proc- How can anyone be expected to sign a petition already filed that would seek to essing and trading of agricultural commod- seven-year contract for declining payments force legislators to support term limits. ities’’ by National Farmers Union President without knowing what is being offered? Rather than putting term limits in the State Leland Swenson. Representing 250,000 farm, There is nothing in S. 1541 to even allow pro- constitution, that measure seeks to label on ranch and other rural families across the na- ducers to calculate what their transition the ballot those candidates who do not sup- tion, Swenson expressed concern that the payment would be. All we know is that pay- port the idea. Agricultural Transition Act would escalate ment is limited to 85 percent of contract the move of U.S. agriculture away from its acres, and based on historical yields, frozen FREEDOM TO FARM: FREEDOM TO PLUNDER system of independently owned and operated since 1985. There is no price factor in this TREASURY family farms to that of contract production. formula. USDA just divides the available Farming experts will tell you that a farm- ‘‘How ironic it is for this reform-mined pool of money between contracting farmers. er who can’t make money raising corn at $3 Congress to establish a brand new bureauc- S. 1541 provides what amounts to as ‘‘sever- a bushel should sell the tractor and move to racy instead of enacting real farm policy re- ance payment’’ to older farmers looking to town. Fortunately, most Nebraska farmers forms. The Agricultural Transition Act guar- get out of farming, but what about young are much too smart to miss out on the $3 antees payments regardless of commodity farmers trying to get in? Young farmers are corn and the profits that appear will within prices and regardless of whether or not a locked out. reach as the 1996 growing season approaches. crop is even planted,’’ Said Swenson. ‘‘This This bill actually reduces marketing flexi- But misfortune is in this picture, too—mis- bill would provide producers with a short- bility. It eliminates traditional marketing fortune for taxpayers. Congress is ham- term gain, but it will inevitably lead to long- tools used by farmers to store farm commod- mering out a farm bill that proposes to give term economic pain for independent family ities during periods of low commodity prices: these same savvy farmers as much as $40,000 farmers and for other rural communities,’’ The Farmer Owned Reserve is dead. So is the each in extra income, in precious tax money, said Swenson. Emergency Feed Program and the Emer- this year. Why? Because that how Freedom The Senate is irresponsible in this proposal gency Livestock Feed Assistance Program. To Farm, the new approach that is supposed to enact policies which maximize produc- This lowers the non-recourse marketing to get the government off the farmer’s back, tion, lower commodity prices at the farm assistance loans down to: corn—$1.89, is supposed to work. It put more govern- gate and make set payment,’’ said Swenson. wheat—$2.58, rice—$6.50/cwt, and soybeans ment, more cost, on the taxpayer’s back in- He also notes that under this bill farmers based on 85% of recent average prices, using stead. would be asked to sign seven-year compli- the same formula used for wheat and feed It does this by severing the long-standing ance contracts without even knowing what grains or between $4.92 to $5.25/bu. In addi- connection between grain supplies, market their transition payments will be. tion, it gives the Secretary of Agriculture conditions and levels of price support pay- The Agricultural Transition Act caps mar- the authority to make downward adjust- ments to producers. keting loan rates for seven years. The max- ments to wheat and feed grain loan rates Conservatives have opened the door to one imum loan rates under this bill would be: based on stocks-to-use-formulas, but no au- of the biggest boondoggles in farm program corn—$1.89 per bushel; wheat—$2.58 per bush- thority to raise loan rates. history. In the first year of this ill-named el; soybeans—$5.26 per bushel; cotton—52 Contracts must be signed by April 15. The ‘‘reform,’’ farmers can get almost $4 a bushel cents per pound; and rice—$6.50 cwt. House has yet to act on the Farm Bill, and for any corn they have in the bin right now. ‘‘Loan rates are capped at artifically low will not likely do so until the end of Feb- The have every night to expect that they can levels, stripping away any opportunity pro- ruary. The House and Senate versions will lock in prices of $3 per bushel or better on ducers might have to market their commod- then need to go to Conference Committee, their 1996 production—and they will still ities in a manner that positively affects farm and then reported to the President. Will that qualify for thousands of dollars in govern- income,’’ said Swenson. ‘‘After two years be enough time to develop new rules and pro- ment support! under this program, production would in- gram regs by then? No. Freedom to Farm sets aside several bil- crease significantly, driving down prices.’’ This Farm Bill will cause a tremendous lions dollars for the first of seven years of Farmers Union supports the U.S. Senate’s amount of uncertainty in crop production as annually declining financial support to farm- retention of permanent farm law and the re- farmers chase whatever crop they think will ers. Allocators of that amount are com- authorization of nutrition, conservation and work best this year. Boom and Bust. Huge pletely oblivious to need and profit influ- rural development programs, as well as in- surpluses, and major crop shortages. Na- ences. Right in front of us here, in fact, is a creased planting flexibility. tional Food Safety is clearly at risk. Land year when farmers are unlikely to need any ‘‘The bottom line is that the Agricultural values and other assets will decrease as crop help at all. Transition Act will drive down commodity prices wildly gyrate and auger their way to

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00109 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1898 CONGRESSIONAL RECORD — SENATE March 12, 1996 the bottom of the unprotected world market Because farmers will no longer be told ‘‘We’ve now changed the farm-program price, which tends to be the ‘‘dump price.’’ what to plant and how much to plant, pro- world,’’ said Representative Pat Roberts, a So what is so bad about the 1949 Perma- duction will increase, said Gene Murra, an Kansas Republican who heads the House Ag- nent Farm Bill? Not much. Is it better than economist at South Dakota State Univer- riculture Committee. the current law or the proposed Farm Bills sity. The Senate approved a similar, but slight- in either the Senate or House? Yes, much ‘‘I think it would be very easy, in many ly more costly bill earlier this month. Law- better. cases, for producers to say, ‘Well heck, I makers from both chambers will likely meet What do we want the President to do? might just as well plant as much as I can,’ next week to hammer out a compromise VETO the Farm Bill. and given the fact that we have a relatively version. Agriculture Secretary Dan Glick- [From the Sioux Falls Argus Leader, Feb. 25, high price this year, that’s going to encour- man said the House bill ‘‘fell short’’ in main- 1996] age even more of that kind of thing. So we taining financing for research, rural develop- IOWANS WARY ABOUT FREEDOM TO FARM BILL could have very large production in any ment and food for the poor. He said he would (By George Anthan) given year if the weather is just right,’’ not recommend the bill to Mr. Clinton unless Murra said. the conference committee altered these and WASHINGTON.—Two of Iowa’s most re- Lower crop prices could lower values of ag- spected voices on national agricultural pol- other provisions. ricultural property lending to lower property The Administration and Congress both icy—both of them Republicans and farmers— tax collections, he said. want to pass a farm bill soon and farmers are express strong misgivings over the GOP’s clamoring for a resolution because planting Freedom to Farm bill, which would guar- NFO OPPOSES ‘‘FREEDOM TO FARM ACT’’ AS season has begun or will begin soon in many antee subsidies to farmers regardless of mar- PASSED BY SENATE areas. ket prices. Mr. Glickman also complained that elimi- Cooper Evans of Grundy Center, a former AMES, IA.—The National Farmers Organi- nation of the market-based subsidy pay- congressman and former agriculture adviser zation (NFO) opposes the Freedom to Farm ments would deprive farmers of a vital safety to President Bush’s White House, said the Act as passed by the U.S. Senate. net. But with crop prices at 10-year highs, policy advanced under the Freedom To Farm ‘‘The statement that Iowa U.S. Senator consumer groups say the fixed payments the bill ‘‘would be a disaster.’’ Charles Grassley is circulating that all farm Thurman Gaskill of Corwith—long active organizations support the Freedom to Farm bill calls for would actually cost more in the in national farm policy affairs and a high- Act is erroneous,’’ says NFO president Gene next few years than the current subsidies, ranking political operative for Presidents Paul. ‘‘The NFO cannot support the act be- which fall when prices are high. Nixon, Ford and Bush—said: ‘‘I don’t under- cause in the long run it will not benefit NFO From the New York Times, Mar. 6, 1996] stand the thinking behind this. In the short members, nor rural communities.’’ BIG CHANGES DOWN ON THE FARM ‘‘The one thing that farmers and ranchers term, it’s a hell of a deal. But I don’t think Reforming the nation’s bloated farm sub- in this country need is more economic sta- it’s good for the long-term farm policy of sidy programs is no overnight task. It has bility and sustained profitability based on this country.’’ taken 60 years for an emergency relief pro- fair farm commodity prices. Otherwise, they Evans, an influential member of the House gram to mutate into what now amounts to a are unable to make sound farm management Agriculture Committee during his congres- welfare system for the rural middle class. and marketing decisions. Freedom to Farm sional service, said: ‘‘To me, the important Nevertheless, Congress has moved an amaz- does just the opposite. It transitions farmers point is that now is not the time for a pro- ing distance toward ending support programs into a world market that is anything but gram that can be viewed as strictly a gift in for wheat, corn, rice and cotton. It even took free, and is most notable for price insta- the sense that it’s not at all tied to need, not aim, although it missed, at peanuts, sugar bility,’’ Paul explains.’’ at all tied to current prices, not at all tied to and dairy support systems that milk con- ‘‘Furthermore, while no one wants deep supplies. sumers. government intrusion into day-to-day farm- ‘‘It’s just a gift, which seems to me to be The Senate and House have passed bills ing decisions, the federal government has a totally incompatible with the fundamental that would phase out wheat, corn, rice and legitimate role in agriculture,’’ Paul notes. interest of both parties to whip the budget cotton subsidies over a seven-year period. ‘‘It needs to insure fair competition, both do- deficit.’’ The House came within a few votes of ending mestic and foreign. It needs to keep accurate Evans continued: ‘‘We’re making all kinds peanut and sugar programs and beat back an records of the agricultural industry. And it of claims on programs that have a much audacious attempt by some dairy interests needs to provide some form of an income larger constituency, and I think it makes to make milk marketing even more costly to safety net to food and fiber producers who those who support (Freedom To Farm) ex- consumers. Senate-House conferees need to are the victims of circumstances beyond tremely vulnerable to the criticism that make clear, as the House bill attempts to do, their control, such as severe weather, polit- you’re cutting Medicare, you’re cutting Med- that after 2002 the farm welfare supplicants ical shenanigans, and market manipula- icaid . . . and yet you’re giving this money cannot count on reverting to old, discredited tions.’’ to farmers regardless of what they do, re- law. Another NFO concern about Freedom to gardless of what they plant, regardless of The seven-year weaning process, a schedule Farm, according to Paul, is the image it will what the prices are. of declining annual payments to farmers re- convey to consumers and taxpayers that ‘‘It would be most inappropriate to do gardless of their planting decisions, is itself farmers are benefitting from an unnecessary this.’’ a form of welfare designed to appease long- Conversely, Rep. Tom Latham, R-Iowa, government subsidy or handout. pampered farm lobbyists. The House bill who strongly supports Freedom To Farm, ‘‘The American public already has a false would make it harder for lobbyists to extend said it ‘‘eases our farm economy into a mar- conception that family farmers are doing the dole after seven years and is thus pref- ket-oriented economy though guaranteed well economically, when in fact thousands of erable to the Senate version. market transition payments.’’ them continue to go out of business each Peanuts and sugar have narrowly survived But Freedom To Farm, approved recently year,’’ Paul concludes. ‘‘Freedom to Farm but they are rapidly becoming endangered by the Senate, isn’t law, yet. The House re- will do nothing to improve the image of agri- species at a time of budget constraints and turns this week to take it up amid signs of culture, nor will it deal with the solution to growing impatience with wasteful govern- rebellion among conservatives, environ- America’s farm problem, which is sustained, ment spending. It is now planting season, mentalists, consumer advocates and even profitable commodity prices.’’ time for the Senate and House to adopt the farm-state legislators. better elements of both bills. House conservatives are upset because the [From the New York Times, Mar. 1, 1996] Senate, to avoid a filibuster, added $4 billion HOUSE APPROVES BIGGEST CHANGE IN FARM [From the Lincoln Journal-Star, Feb. 19, to the bill’s cost and reauthorized food POLICY SINCE NEW DEAL 1996] stamps and other nutrition programs they LEGISLATION PHASES OUT SUBSIDIES OVER 7 wanted to cut back as part of welfare reform. BIG AGRIBUSINESS ENJOYED BENEFITS IN Also, the Senate avoided dealing with the YEARS SENATE FARM BILL complex dairy issue. But a House proposal is (By Eric Schmitt) WASHINGTON.—With a mix of luck, work being attacked by consumer and food manu- WASHINGTON.—The House today approved a and unusual organization, the lobby for big facturing interests as a measure that would major overhaul of American farm programs, grain companies, railroads, meat companies, force higher milk prices. voting to end 1930’s policies that pay farmers millers and shippers scored a big win in the not to plant certain crops and to replace Senate-passed overhaul of farm programs. ECONOMIST: FARM BILL WILL DROP CROP many subsidies with fixed payments that The ‘‘Freedom to Farm’’ bill, as it’s called, PRICES would end after seven years. stops the government from forcing growers The Freedom to Farm bill, as written, The $46 billion legislation, the most far- to idle land in order to keep getting federal would mean lower crop prices, more produc- reaching agricultural bill since the New payments. It says farmers can grow the crop tion and could ultimately affect property tax Deal, ends most Government controls over that’s most likely to sell without losing gov- revenues, an agricultural economist said. planting decisions for America’s 1.5 million ernment payments usually tied to a par- The bill, passed by the U.S. Senate, would farmers. The vote was 270 to 155, with 54 ticular crop. For seven years, at least, the phase out crop subsidies to producers over a Democrats voting for the bill and 19 Repub- government won’t fix the price of corn, seven-year period. licans voting against. wheat and other row crops.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00110 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1899 Those things please the people who depend [From the Omaha World-Herald, Feb. 25, Stephanie Patrick of Cargill Inc. of Min- on a steady stream of raw farm goods. The 1996] neapolis, like ConAgra a large grain buyer stress on volume over price has made farm- BUSINESSES PUT MUSCLE BEHIND FARM BILL and meat packer, said she couldn’t predict ers suspicious of being exploited. Still, farm- PUSH the fate of the farm bill in the House or ers wanted some of the same things, too, (By David C. Beeder) whether it might be vetoed by President which is one reason the Senate could pass Clinton. WASHINGTON.—Major changes in U.S. farm the bill 64–32 on Feb. 7. However, she said, the coalition has been a policy—passed by the Senate and pending in major factor in moving the legislation to a Not that the antagonisms, dating to the the House—will get a big push all the way to last century, will end. Democratic advocates point of decision. the White House from a powerful coalition of ‘‘The most gratifying thing about this bill for small farmers from states like North Da- more than 100 grain traders, processors, ship- kota and Minnesota futilely hammered the is that we all were going for the same goal,’’ pers, retailers and producer organizations. she said. bill for helping corporate America while ‘‘We wanted to retain a farm income safety Floyd Gaibler of the 1,200-member, 8,000- leaving the yeoman farmer out in the cold net but also eliminate acreage reduction pro- outlet Agricultural Retailers Association, when price-based subsidies end. grams (ARPs),’’ said Mary Waters of said his organization joined the coalition be- ‘‘In the long run it says you’re on your own ConAgra Inc. of Omaha. ‘‘Both of these bills cause it supported the goal of ending supply- with Cargill. You’re on your own with the do that.’’ management policies in agriculture. Chicago Board of Trade,’’ said Sen. Paul Stu Hardy of the U.S. Chamber of Com- ‘‘I think everybody agrees they don’t work Wellstone, D-Minn., taking on the Min- merce said the legislation could have been in today’s global market,’’ said Gaibler, a nesota-based food giant during the Senate strengthened if it had reduced the amount of native of Farnam, Neb., who was an assistant debate. acreage in the 36 million acre Conservation to former Secretary of Agriculture Richard Reserve Program, in which farmers are paid Cargill Inc., and the Chicago Board of Lyng. to idle land. Trade did work Congress. So did such giants Drew Collier of Union Pacific Railroad, a ‘‘This program goes on and on without ade- as General Mills Inc., Tyson Foods, Kraft coalition member, said the Senate-passed quate opportunities for an early out,’’ Hardy Foods and Procter & Gamble, Union Pacific bill would move the country toward a mar- Railroad, Rabobank Nederland, The Fer- said. He said the Coalition for a Competitive ket-oriented farm policy that would result in tilizer Institute and others who build a busi- more grain being transported by rail to ex- ness from agriculture. Food & Agricultural System also was con- cerned about the Senate’s retention of gov- port markets. Unlike before, the food companies and ‘‘The market place ultimately is the best ernment programs restricting an open mar- trade groups banded together. In the fall of arbiter of these issues,’’ Collier said. ‘‘Sup- ket for peanuts, sugar and dairy products. 1994, more than 120 formed the Coalition for ‘‘But we are pleased with the planting ply-side management has not proved to be a Competitive Food & Agricultural System. flexibility, the elimination of ARPs and the the solution.’’ ‘‘It was probably the first time in history decoupling of income support and crop prices At the Chicago Board of Trade, where farm that a broad-based group in the food indus- on a per-bushel or per-pound basis,’’ Hardy policy is translated into prices and price pro- try had gotten together with market-ori- said. tections, Celesta Jurkovich said the need for ented reforms in mind,’’ said spokesman Stu The seven-year Senate bill, which passed more U.S. production has been apparent for Hardy, a former staffer on the Senate Agri- 64–32 Feb. 7, would end government subsidies some time. culture Committee, now with the U.S. Cham- for corn, wheat, cotton and rice on farms ‘‘You can see it in what’s happening to ber of Commerce. where those crops were planted on govern- prices,’’ she said. ‘‘They’ve been going Individual members had tried to shape ear- ment-authorized acreage year after year. through the roof. The demand out there far lier farm bills, he said, but congressional Under the Senate bill, farmers would be al- exceeds the supply.’’ Ms. Jurkovich, a senior vice president at committees answered mainly to grower lowed to plant any crop—or no crop at all— the Chicago Board of Trade, said global groups and general farm organizations like while continuing to receive government pay- trends in population and rising living stand- the American Farm Bureau Federation. Oth- ments based on a declining percentage of ards indicate demand will remain strong into ers were ‘‘pesky intruders,’’ he said. subsidies paid in the past. the next century. This time the coalition planned and car- ‘‘It’s a buyout. That’s what it is,’’ said ried out a lobbying campaign to show urban Hardy. ‘‘But the costs are fixed, and they are The PRESIDING OFFICER. Does the and suburban lawmakers what their stake capped.’’ Senator from Montana renew his unan- In the past, he said, Congress would pass a was in farm law. Farmers who depend on imous-consent request? five-year farm bill with a cost estimate that crop subsidies number in the hundreds of Mr. BURNS. I propound that same generally fell far short of the eventual ex- thousands. The mills, railroads, ports and penditure. unanimous-consent request. food companies and rest of the business pro- Opponents of the Senate-passed bill in- The PRESIDING OFFICER. Is there vide 19 million jobs, often a long distance clude Sens. Tom Harkin, D-Iowa, J.J. Exon, objection? from the fields. D-Neb., and Bob Kerrey, D-Neb., who contend Without objection, it is so ordered. The group and its members met with every it will destroy a system intended to protect So the bill (H.R. 2584), as amended, member of Congress or their staffs, putting consumers and America’s food supply in was passed. together information on each district. It years when commodity prices fall below the The PRESIDING OFFICER (Mr. held farm bill seminars for congressional cost of production. BROWN) appointed Senators LUGAR, staff and the media. Bob Petersen of the National Grain Trade The job turned out to be a lot easier than Council said the coalition would not have en- DOLE, HELMS, COCHRAN, MCCONNELL, first thought. The Republican takeover of dorsed a bill without income protections for CRAIG, LEAHY, PRYOR, HEFLIN, HARKIN, Congress, the move to overhaul government farmers. and CONRAD conferees on the part of and the push to balance the budget were not ‘‘But we felt the time for a 1930s-style farm the Senate. sure things. bill had come and gone,’’ said Petersen, a na- Mr. BURNS. Mr. President, I inquire Wanting to keep the safety net but have tive of Burwell, Neb. ‘‘We wanted an income of my friend from Nebraska who prob- more freedom to switch crops, farmers were safety net that would not distort markets.’’ ably knows more about football than Petersen, whose organization represents ready for some change, then more. The Agri- the average Senator. I once heard Dar- culture Department made corn growers idle 8 grain markets including the Chicago Board of Trade and the Lincoln, Neb., grain ex- rell Royal, who was head football coach percent of their land in 1995. The way the at the University of Texas. They al- market went, growers could have planted change, said U.S. farmers should have the those acres and sold the crop at a good price. opportunity to capture a greater share of ways asked him why he never passed Western Kansas wheat growers suffered a global markets at a time when prices are the ball very much. He had a great run- crop disaster, but had to repay advance sub- strong. ning team, and had a couple of national sidies when prices soared. He said the coalition of organizations sup- championships. He said, ‘‘You know, porting major change came together gradu- Rep. Pat Roberts, R–Kan., chairman of the ally over a period of a year. when you pass the football, three House Agriculture Committee, came up with ‘‘Some of the farm groups were pretty sus- things happen. And two of them are the Freedom to Farm bill, which guaranteed picious of us at first,’’ Petersen said. ‘‘As the bad.’’ a payment for farmers that falls over seven year has gone on we’ve all gravitated toward That is kind of like the way we are years and is not linked to crop prices. the same position.’’ running the farm program now. When The coalition didn’t get everything. It Petersen said the bill passed by the House you are in the grain business because couldn’t cut the Conservation Reserve Pro- could be considerably different than the Sen- the grain companies can buy the grain gram, which keeps 36 million acres of land ate bill. out of production, including some good farm ‘‘However, I think it will get done,’’ he cheap, if you take out a market loan land. The Senate bill keeps ‘‘permanent’’ said. ‘‘Farmers and farm groups have been on your grain you can forfeit the grain, farm law in the attic, meaning the old sys- quite vocal in telling Congress they want a if it is not market price. And that goes tem of crop-based subsidies could return. bill.’’ into the pockets of the taxpayer. Then

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00111 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1900 CONGRESSIONAL RECORD — SENATE March 12, 1996 the grain companies buy that after The PRESIDING OFFICER. The clo- NOMINATION OF THOMAS A. FINK that happens probably at a lower price. ture motion having been presented TO BE A MEMBER OF THE FED- Or they can go ahead and buy the under rule XXII, the clerk will report. ERAL RETIREMENT THRIFT IN- grain, and the taxpayers pick up the The legislative clerk read as follows: VESTMENT BOARD difference between the grain and the CLOTURE MOTION Mr. BURNS. Mr. President, as in ex- target price. Three things happen. Two ecutive session, I ask unanimous con- of them are bad for the taxpayer, and I We, the undersigned Senators, in accord- ance with the provisions of rule XXII of the sent that the Governmental Affairs think for agriculture. Committee be immediately discharged The reason we have high prices right Standing Rules of the Senate, do hereby move to bring to a close debate on the mo- of the nomination of Thomas Fink to now is because we had a crop failure. tion to proceed to S. Res. 227 regarding the be a Member of the Federal Retirement How can you pay a deficiency payment Whitewater extension. Thrift Investment Board; further, that when you do not have any wheat? Alfonse D’Amato, Trent Lott, C.S. Bond, the Senate proceed immediately to the We had a great crop in Montana. We Fred Thompson, Slade Gorton, Don consideration of the nomination; that had a big crop and got a big price, and Nickles, Paul Coverdell, Spencer Abra- the nomination be confirmed; that any everybody is wealthy without the lux- ham, Chuck Grassley, Conrad Burns, Rod Grams, Richard G. Lugar, Mike statement appear in the RECORD as if ury of the deficiency payments. read; that upon confirmation the mo- So I think what we are doing is so DeWine, Mark Hatfield, Orrin G. Hatch, and Thad Cochran. tion to reconsider be laid upon the that a majority of agriculture would table, the President be immediately Mr. BURNS. Mr. President, I ask like to get their dollars at the market- notified of the Senate’s action, and the unanimous consent that the vote occur place, and I hope that this will work. If Senate then return to legislative ses- on Thursday, March 14, at a time to be it does not then I will be the first Sen- sion. ator on the door of the Senator from determined by the two leaders and the The PRESIDING OFFICER. Is there Nebraska after he has retired in Lin- mandatory quorum under rule XXII be objection? Without objection, it is so coln, NE, and we might enjoy a football waived. ordered. game and watch Big Red roll. And then The PRESIDING OFFICER. Without The nomination was considered and we will talk about all the mistakes objection, it is so ordered. confirmed, as follows: that we made together. Mr. BURNS. Mr. President, I now FEDERAL RETIREMENT THRIFT INVESTMENT Mr. EXON. If the Senator will yield, withdraw the motion. BOARD I thank him very much for his com- The PRESIDING OFFICER. The mo- Thomas A. Fink, of Alaska, to be a Mem- ments. tion is withdrawn. ber of the Federal Retirement Thrift Invest- There is one thing that I want to cor- ment Board for a term expiring October 11, rect, because no one knows it better 1999. f than my friend and colleague from f Montana. Certainly each and every cat- AUTHORIZING THE USE OF THE HOUSING OPPORTUNITY PROGRAM tle farmer is not doing well today. And EXTENSION ACT OF 1995 no one knows that better than my CAPITOL ROTUNDA Mr. BURNS. Mr. President, I ask that friend from Montana because at one Mr. BURNS. Mr. President, I ask time he was a very prominent cattle the Chair lay before the Senate a mes- unanimous consent that the Senate sage from the House on S. 1494, a bill to person in Montana, and he knows bet- proceed to Senate Concurrent Resolu- ter than anybody else the sad condition provide an extension for fiscal year 1996 tion 45, submitted earlier by Senators for certain programs administered by that our cattle industry is in today. I DOLE and HELMS. just wanted to correct the record. I the Secretary of Housing and Urban The PRESIDING OFFICER. The know that he agrees with that. So ev- Development and the Secretary of Ag- clerk will report. erybody in Montana is not doing well. riculture, and for other purposes. If there are any corn people up there, The assistant legislative clerk read The PRESIDING OFFICER laid be- and the wheat people are probably as follows:. fore the Senate the following message doing pretty good and will the next 7 A concurrent resolution (S. Con. Res. 45) from the House of Representatives: years, I do not know about the cattle authorizing the use of the Capitol rotunda on Resolved, That the bill from the Senate (S. business. May 2d, 1996, for the presentation of the Con- 1494) entitled ‘‘An Act to provide an exten- sion for fiscal year 1996 for certain programs Mr. BURNS. We will hope for better gressional Gold Medal to Reverend and Mrs. Billy Graham. administered by the Secretary of Housing times in the cattle business. The Sen- and Urban Development and the Secretary of ator from Nebraska knows that we There being no objection, the Senate Agriculture, and for other purposes.’’, do have been through these times before, proceeded to consider the concurrent pass with the following amendment: and we will go through this one. resolution. Strike out all after the enacting clause, I will be honest with you. I have a Mr. BURNS. Mr. President, I ask and insert: hard time, I say to the Senator from unanimous consent that the concur- SECTION 1. SHORT TITLE. Nebraska, of going down the aisle in This Act may be cited as the ‘‘Housing Oppor- rent resolution be considered and tunity Program Extension Act of 1996’’. the grocery store. And these people are agreed to, the motion to reconsider be SEC. 2. MULTIFAMILY HOUSING ASSISTANCE. setting up here tonight. They buy a box laid upon the table, and that any state- (a) SECTION 8 CONTRACT RENEWAL.—Notwith- of Wheaties. Wheaties is $3.46 cents a ments relating to the concurrent reso- standing section 405(b) of the Balanced Budget pound. It is not $3.46 cents a box, but a lution appear in the appropriate place Downpayment Act, I (Public Law 104–99; 110 pound. Until this year we had a hard in the RECORD. Stat. 44), at the request of the owner of any time getting $3.50 cents a bushel for a The PRESIDING OFFICER. Without project assisted under section 8(e)(2) of the bushel of wheat, and there are 60 United States Housing Act of 1937 (as such sec- objection, it is so ordered. tion existed immediately before October 1, 1991), pounds in that bushel. I have a hard So the concurrent resolution (S. Con. time dealing with that. the Secretary of Housing and Urban Develop- Res. 45) was agreed to, as follows: ment may renew, for a period of 1 year, the con- So I appreciate the comments of my tract for assistance under such section for such S. CON. RES. 45 friend from Nebraska. project that expires or terminates during fiscal f Resolved by the Senate (the House of Rep- year 1996 at current rent levels. resentatives concurring), That the rotunda of (b) LOW-INCOME HOUSING PRESERVATION.— WHITEWATER DEVELOPMENT the United States Capitol is hereby author- (1) USE OF AMOUNTS.—Notwithstanding any CORP. AND RELATED MATTERS— ized to be used on May 2, 1996, at 2 o’clock provision of the Balanced Budget Downpayment MOTION TO PROCEED post meridian, for the presentation of the Act, I (Public Law 104–99; 110 Stat. 26) or any Congressional Gold Medal to Reverend and other law, the Secretary shall use the amounts CLOTURE MOTION Mrs. Billy Graham. Physical preparations for described in paragraph (2) of this subsection Mr. BURNS. Mr. President, I now the conduct of the ceremony shall be carried under the authority and conditions provided in move to proceed to Senate Resolution out in accordance with such conditions as the 2d undesignated paragraph of the item re- 227, the Whitewater legislation, and I may be prescribed by the Architect of the lating to ‘‘HOUSING PROGRAMS—ANNUAL CON- send a cloture motion to the desk. Capitol. TRIBUTIONS FOR ASSISTED HOUSING’’ in title II of

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00112 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1901 the bill, H.R. 2099 (104th Congress), as passed tional Housing Act (12 U.S.C. 1715z–20(g)) is the public housing agency shall provide the ten- the House of Representatives on December 7, amended by striking ‘‘30,000’’ and inserting ant or applicant with a copy of the criminal 1995; except that for purposes of this subsection, ‘‘50,000’’. record and an opportunity to dispute the accu- any reference in such undesignated paragraph (c) ELIGIBLE MORTGAGES.—Section 255(d)(3) of racy and relevance of that record. to March 1, 1996, shall be construed to refer to the National Housing Act (12 U.S.C. 1715z– ‘‘(3) FEE.—A public housing agency may be April 15, 1996, any reference in such paragraph 20(d)(3)) is amended to read as follows: charged a reasonable fee for information pro- to July 1, 1996, shall be construed to refer to Au- ‘‘(3) be secured by a dwelling that is designed vided under paragraph (1). gust 15, 1996, and any reference in such para- principally for a 1- to 4-family residence in ‘‘(4) RECORDS MANAGEMENT.—Each public graph to August 1, 1996, shall be construed to which the mortgagor occupies 1 of the units;’’. housing agency shall establish and implement a refer to September 15, 1996. SEC. 7. LIMITATION ON GNMA GUARANTEES OF system of records management that ensures that (2) DESCRIPTION OF AMOUNTS.—Except as oth- MORTGAGE-BACKED SECURITIES. any criminal record received by the public hous- erwise provided in any future appropriation Section 306(g)(2) of the Federal National ing agency is— Act, the amounts described under this para- Mortgage Association Charter Act (12 U.S.C. ‘‘(A) maintained confidentially; graph are any amounts that— 1721(g)(2)) is amended to read as follows: ‘‘(B) not misused or improperly disseminated; (A) are— ‘‘(2) Notwithstanding any other provision of and ‘‘(C) destroyed, once the purpose for which (i) unreserved, unobligated amounts provided law and subject only to the absence of qualified the record was requested has been accomplished. in an appropriation Act enacted before the date requests for guarantees, to the authority pro- ‘‘(5) DEFINITION.—For purposes of this sub- of the enactment of this Act; vided in this subsection, and to the extent of or (ii) provided under the Balanced Budget section, the term ‘adult’ means a person who is in such amounts as any funding limitation ap- 18 years of age or older, or who has been con- Downpayment Act, I; or proved in appropriation Acts, the Association (iii) provided in any appropriation Act en- victed of a crime as an adult under any Federal, shall enter into commitments to issue guarantees State, or tribal law.’’. acted after the date of the enactment of this under this subsection in an aggregate amount of Act; and (c) INELIGIBILITY BECAUSE OF EVICTION FOR $110,000,000,000 during fiscal year 1996. There DRUG-RELATED ACTIVITY.—Section 6 of the (B) are provided for use in conjunction with are authorized to be appropriated to cover the properties that are eligible for assistance under United States Housing Act of 1937 is amended by costs (as such term is defined in section 502 of adding after subsection (q) (as added by sub- the Low-Income Housing Preservation and Resi- the Congressional Budget Act of 1974) of guar- dent Homeownership Act of 1990 or the Emer- section (b) of this section) the following new antees issued under this Act by the Association subsection: gency Low Income Housing Preservation Act of such sums as may be necessary for fiscal year 1987. ‘‘(r) INELIGIBILITY BECAUSE OF EVICTION FOR 1996.’’. DRUG-RELATED ACTIVITY.—Any tenant evicted SEC. 3. COMMUNITY DEVELOPMENT BLOCK SEC. 8. EXTENSION OF MULTIFAMILY HOUSING GRANTS. from housing assisted under this title by reason FINANCE PROGRAMS. (a) DIRECT HOMEOWNERSHIP ACTIVITIES.— of drug-related criminal activity (as that term is (a) RISK-SHARING PILOT PROGRAM.—The first Notwithstanding the amendments made by sec- defined in section 8(f)) shall not be eligible for sentence of section 542(b)(5) of the Housing and tion 907(b)(2) of the Cranston-Gonzalez National housing assistance under this title during the 3- Community Development Act of 1992 (12 U.S.C. Affordable Housing Act, section 105(a)(25) of the year period beginning on the date of such evic- 1707 note) is amended by striking ‘‘on not more Housing and Community Development Act of tion, unless the evicted tenant successfully com- than 15,000 units over fiscal years 1993 and 1974, as in existence on September 30, 1995, shall pletes a rehabilitation program approved by the 1994’’ and inserting ‘‘on not more than 7,500 apply to the use of assistance made available public housing agency (which shall include a units during fiscal year 1996’’. under title I of the Housing and Community De- waiver of this subsection if the circumstances (b) HOUSING FINANCE AGENCY PILOT PRO- velopment Act of 1974 during fiscal year 1996. leading to eviction no longer exist).’’. GRAM.—The first sentence of section 542(c)(4) of (d) INELIGIBILITY OF ILLEGAL DRUG USERS (b) INCREASE IN CUMULATIVE LIMIT.—Section the Housing and Community Development Act 108(k)(1) of the Housing and Community Devel- AND ALCOHOL ABUSERS FOR ASSISTED HOUS- of 1992 (12 U.S.C. 1707 note) is amended by strik- opment Act of 1974 (42 U.S.C. 5308(k)(1)) is ING.—Section 16 of the United States Housing ing ‘‘on not to exceed 30,000 units over fiscal amended by striking ‘‘$3,500,000,000’’ and insert- Act of 1937 (42 U.S.C. 1437n) is amended— years 1993, 1994, and 1995’’ and inserting ‘‘on (1) in the section heading by striking ‘‘IN- ing ‘‘$4,500,000,000’’. not more than 12,000 units during fiscal year COME’’; and SEC. 4. EXTENSION OF RURAL HOUSING PRO- 1996’’. (2) by adding at the end the following new GRAMS. SEC. 9. SAFETY AND SECURITY IN PUBLIC AND subsection: (a) UNDERSERVED AREAS SET-ASIDE.—Section ‘‘(e) INELIGIBILITY OF ILLEGAL DRUG USERS 509(f)(4)(A) of the Housing Act of 1949 (42 U.S.C. ASSISTED HOUSING. (a) CONTRACT PROVISIONS AND REQUIRE- AND ALCOHOL ABUSERS.— 1479(f)(4)(A)) is amended— ‘‘(1) IN GENERAL.—Notwithstanding any other MENTS.—Section 6 of the United States Housing (1) in the first sentence, by striking ‘‘fiscal provision of law, a public housing agency shall years 1993 and 1994’’ and inserting ‘‘fiscal year Act of 1937 (42 U.S.C. 1437d) is amended— (1) in subsection (k), in the matter following establish standards for occupancy in public 1996’’; and housing dwelling units and assistance under (2) in the second sentence, by striking ‘‘each’’. paragraph (6)— (A) by striking ‘‘on or near such premises’’ section 8— (b) RURAL MULTIFAMILY RENTAL HOUSING.— ‘‘(A) that prohibit occupancy in any public and inserting ‘‘on or off such premises’’; and Section 515(b)(4) of the Housing Act of 1949 (42 housing dwelling unit by, and assistance under (B) by striking ‘‘criminal’’ the first place it U.S.C. 1485(b)(4)) is amended by striking ‘‘Sep- section 8 for, any person— appears; and tember 30, 1994’’ and inserting ‘‘September 30, ‘‘(i) who the public housing agency determines (2) in subsection (l)(5), by striking ‘‘on or near 1996’’. is illegally using a controlled substance; or (c) RURAL RENTAL HOUSING FUNDS FOR NON- such premises’’ and inserting ‘‘on or off such ‘‘(ii) if the public housing agency determines PROFIT ENTITIES.—The first sentence of section premises’’. that it has reasonable cause to believe that such 515(w)(1) of the Housing Act of 1949 (42 U.S.C. (b) AVAILABILITY OF CRIMINAL RECORDS FOR person’s illegal use (or pattern of illegal use) of 1485(w)(1)) is amended by striking ‘‘fiscal years SCREENING AND EVICTION.—Section 6 of the a controlled substance, or abuse (or pattern of 1993 and 1994’’ and inserting ‘‘fiscal year 1996’’. United States Housing Act of 1937 (42 U.S.C. abuse) of alcohol, may interfere with the health, SEC. 5. LOAN GUARANTEES FOR MULTIFAMILY 1437d) is amended by adding at the end the fol- safety, or right to peaceful enjoyment of the RENTAL HOUSING IN RURAL AREAS. lowing new subsection: premises by other residents of the project; and (a) IN GENERAL.—The provisions of section 5 ‘‘(q) AVAILABILITY OF RECORDS.— ‘‘(B) that allow the public housing agency to of the bill, H.R. 1691 (104th Congress), as passed ‘‘(1) IN GENERAL.— terminate the tenancy in any public housing the House of Representatives on October 30, ‘‘(A) PROVISION OF INFORMATION.—Notwith- unit of, and the assistance under section 8 for, 1995, are hereby enacted into law. standing any other provision of law, except as any person— (b) TECHNICAL AMENDMENT.—Section 538 of provided in subparagraph (B), the National ‘‘(i) who the public housing agency determines the Housing Act of 1949 (as added by the Crime Information Center, police departments, is illegally using a controlled substance; or amendment made pursuant to subsection (a) of and other law enforcement agencies shall, upon ‘‘(ii) whose illegal use of a controlled sub- this section) is amended by striking ‘‘Home- request, provide information to public housing stance, or whose abuse of alcohol, is determined steading and Neighborhood Restoration Act of agencies regarding the criminal conviction by the public housing agency to interfere with 1995’’ each place it appears and inserting records of adult applicants for, or tenants of, the health, safety, or right to peaceful enjoy- ‘‘Housing Opportunity Program Extension Act public housing for purposes of applicant screen- ment of the premises by other residents of the of 1996’’. ing, lease enforcement, and eviction. project. SEC. 6. EXTENSION OF FHA MORTGAGE INSUR- ‘‘(B) EXCEPTION.—A law enforcement agency ‘‘(2) CONSIDERATION OF REHABILITATION.—In ANCE PROGRAM FOR HOME EQUITY described in subparagraph (A) shall provide in- determining whether, pursuant to paragraph CONVERSION MORTGAGES. formation under this paragraph relating to any (1), to deny occupancy or assistance to any per- (a) EXTENSION OF PROGRAM.—The first sen- criminal conviction of a juvenile only to the ex- son based on a pattern of use of a controlled tence of section 255(g) of the National Housing tent that the release of such information is au- substance or a pattern of abuse of alcohol, a Act (12 U.S.C. 1715z–20(g)) is amended by strik- thorized under the law of the applicable State, public housing agency may consider whether ing ‘‘September 30, 1996’’ and inserting ‘‘Sep- tribe, or locality. such person— tember 30, 2000’’. ‘‘(2) OPPORTUNITY TO DISPUTE.—Before an ad- ‘‘(A) has successfully completed a supervised (b) LIMITATION ON NUMBER OF MORTGAGES.— verse action is taken with regard to assistance drug or alcohol rehabilitation program (as ap- The second sentence of section 255(g) of the Na- under this title on the basis of a criminal record, plicable) and is no longer engaging in the illegal

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00113 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1902 CONGRESSIONAL RECORD — SENATE March 12, 1996 use of a controlled substance or abuse of alcohol fordability strategy under section 105 of the ber of times a public housing agency extends the (as applicable); Cranston-Gonzalez National Affordable Housing effectiveness of a designation and plan under ‘‘(B) has otherwise been rehabilitated success- Act; and this paragraph. fully and is no longer engaging in the illegal use ‘‘(B) to meet the housing needs of the low-in- ‘‘(3) TRANSITION PROVISION.—Any application of a controlled substance or abuse of alcohol (as come population of the jurisdiction; and and allocation plan approved under this section applicable); or ‘‘(2) includes a description of— (as in effect before the date of the enactment of ‘‘(C) is participating in a supervised drug or ‘‘(A) the project (or portion of a project) to be the Housing Opportunity Program Extension alcohol rehabilitation program (as applicable) designated; Act of 1996) before such date of enactment shall and is no longer engaging in the illegal use of ‘‘(B) the types of tenants for which the project be considered to be a plan under subsection (d) a controlled substance or abuse of alcohol (as is to be designated; that is in effect for purposes of this section for applicable). ‘‘(C) any supportive services to be provided to the 5-year period beginning upon such ap- ‘‘(3) INAPPLICABILITY TO INDIAN HOUSING.— tenants of the designated project (or portion); proval. This subsection does not apply to any dwelling ‘‘(D) how the design and related facilities (as ‘‘(g) INAPPLICABILITY OF UNIFORM RELOCA- unit assisted by an Indian housing authority.’’. such term is defined in section 202(d)(8) of the TION ASSISTANCE AND REAL PROPERTY ACQUISI- SEC. 10. PUBLIC HOUSING DESIGNATED FOR EL- Housing Act of 1959) of the project accommodate TIONS POLICY ACT OF 1970.—No tenant of a pub- DERLY AND DISABLED FAMILIES. the special environmental needs of the intended lic housing project shall be considered to be dis- (a) AUTHORITY FOR DESIGNATION.—Section 7 occupants; and placed for purposes of the Uniform Relocation of the United States Housing Act of 1937 (42 ‘‘(E) any plans to secure additional resources Assistance and Real Property Acquisitions Pol- U.S.C. 1437e) is amended to read as follows: or housing assistance to provide assistance to icy Act of 1970 because of the designation of any ‘‘DESIGNATED HOUSING FOR ELDERLY AND families that may have been housed if occu- existing project or building, or portion thereof, DISABLED FAMILIES pancy in the project were not restricted pursu- for occupancy as provided under subsection (a) ‘‘SEC. 7. (a) AUTHORITY TO PROVIDE DES- ant to this section. of this section. IGNATED HOUSING.— For purposes of this subsection, the term ‘sup- ‘‘(h) INAPPLICABILITY TO INDIAN HOUSING.— ‘‘(1) IN GENERAL.—Subject only to provisions portive services’ means services designed to meet The provisions of this section shall not apply of this section and notwithstanding any other the special needs of residents. with respect to low-income housing developed or provision of law, a public housing agency for ‘‘(e) REVIEW OF PLANS.— operated pursuant to a contract between the which a plan under subsection (d) is in effect ‘‘(1) REVIEW AND NOTIFICATION.—The Sec- Secretary and an Indian housing authority.’’. may provide public housing projects (or portions retary shall conduct a limited review of each (b) AUTHORIZATION OF APPROPRIATIONS FOR of projects) designated for occupancy by (A) plan under subsection (d) that is submitted to IMPLEMENTATION OF ALLOCATION PLANS.—There only elderly families, (B) only disabled families, the Secretary to ensure that the plan is complete are authorized to be appropriated for fiscal year or (C) elderly and disabled families. and complies with the requirements of sub- 1996 such sums as may be necessary for rental ‘‘(2) PRIORITY FOR OCCUPANCY.—In deter- section (d). The Secretary shall notify each pub- subsidy contracts under the existing housing mining priority for admission to public housing lic housing agency submitting a plan whether certificate and housing voucher programs under projects (or portions of projects) that are des- the plan complies with such requirements not section 8 of the United States Housing Act of ignated for occupancy as provided in paragraph later than 60 days after receiving the plan. If 1937 for public housing agencies to implement (1), the public housing agency may make units the Secretary does not notify the public housing allocations plans for designated housing under in such projects (or portions) available only to agency, as required under this paragraph or section 7 of such Act that are approved by the the types of families for whom the project is des- paragraph (2), the plan shall be considered, for Secretary of Housing and Urban Development. ignated. purposes of this section, to comply with the re- SEC. 11. ASSISTANCE FOR HABITAT FOR HUMAN- ‘‘(3) ELIGIBILITY OF NEAR-ELDERLY FAMI- quirements under subsection (d) and the Sec- ITY AND OTHER SELF-HELP HOUS- LIES.—If a public housing agency determines retary shall be considered to have notified the ING PROVIDERS. that there are insufficient numbers of elderly agency of such compliance upon the expiration (a) GRANT AUTHORITY.—The Secretary of families to fill all the units in a project (or por- of such 60-day period. Housing and Urban Development may, to the tion of a project) designated under paragraph ‘‘(2) NOTICE OF REASONS FOR DETERMINATION extent amounts are available to carry out this (1) for occupancy by only elderly families, the OF NONCOMPLIANCE.—If the Secretary deter- section and the requirements of this section are agency may provide that near-elderly families mines that a plan, as submitted, does not com- met, make grants for use in accordance with this may occupy dwelling units in the project (or ply with the requirements under subsection (d), section to— portion). the Secretary shall specify in the notice under (1) Habitat for Humanity International, ‘‘(b) STANDARDS REGARDING EVICTIONS.—Ex- paragraph (1) the reasons for the noncompli- whose organizational headquarters are located cept as provided in section 16(e)(1)(B), any ten- ance and any modifications necessary for the in Americus, Georgia; and ant who is lawfully residing in a dwelling unit plan to meet such requirements. (2) other national or regional organizations or in a public housing project may not be evicted ‘‘(3) STANDARDS FOR DETERMINATION OF NON- consortia that have experience in providing or or otherwise required to vacate such unit be- COMPLIANCE.—The Secretary may determine facilitating self-help housing homeownership cause of the designation of the project (or por- that a plan does not comply with the require- opportunities. tion of a project) pursuant to this section or be- ments under subsection (d) only if— (b) GOALS AND ACCOUNTABILITY.—In making cause of any action taken by the Secretary or ‘‘(A) the plan is incomplete in significant mat- grants under this section, the Secretary shall any public housing agency pursuant to this sec- ters required under such subsection; or take such actions as may be necessary to ensure tion. ‘‘(B) there is evidence available to the Sec- that— ‘‘(c) RELOCATION ASSISTANCE.—A public hous- retary that challenges, in a substantial manner, (1) assistance provided under this section is ing agency that designates any existing project any information provided in the plan. used to facilitate and encourage innovative or building, or portion thereof, for occupancy as ‘‘(4) TREATMENT OF EXISTING PLANS.—Not- homeownership opportunities through the provi- provided under subsection (a)(1) shall provide, withstanding any other provision of this sec- sion of self-help housing, under which the to each person and family who agrees to be relo- tion, a public housing agency shall be consid- homeowner contributes a significant amount of cated in connection with such designation— ered to have submitted a plan under this sub- sweat equity toward the construction of the new ‘‘(1) notice of the designation and an expla- section if the agency has submitted to the Sec- dwelling; nation of available relocation benefits, as soon retary an application and allocation plan under (2) assistance provided under this section for as is practicable for the agency and the person this section (as in effect before the date of the land acquisition and infrastructure development or family; enactment of the Housing Opportunity Program results in the development of not less than 4,000 ‘‘(2) access to comparable housing (including Extension Act of 1996) that have not been ap- new dwellings; appropriate services and design features), which proved or disapproved before such date of enact- (3) the dwellings constructed in connection may include tenant-based rental assistance ment. with assistance provided under this section are under section 8, at a rental rate paid by the ten- ‘‘(f) EFFECTIVENESS.— quality dwellings that comply with local build- ant that is comparable to that applicable to the ‘‘(1) 5-YEAR EFFECTIVENESS OF ORIGINAL ing and safety codes and standards and are unit from which the person or family has va- PLAN.—A plan under subsection (d) shall be in available at prices below the prevailing market cated; and effect for purposes of this section during the 5- prices; ‘‘(3) payment of actual, reasonable moving ex- year period that begins upon notification under (4) the provision of assistance under this sec- penses. subsection (e)(1) of the public housing agency tion establishes and fosters a partnership be- ‘‘(d) REQUIRED PLAN.—A plan under this sub- that the plan complies with the requirements tween the Federal Government and Habitat for section for designating a project (or portion of a under subsection (d). Humanity International, its affiliates, and other project) for occupancy under subsection (a)(1) is ‘‘(2) RENEWAL OF PLAN.—Upon the expiration organizations and consortia, resulting in effi- a plan, prepared by the public housing agency of the 5-year period under paragraph (1) or any cient development of affordable housing with for the project and submitted to the Secretary, 2-year period under this paragraph, an agency minimal governmental intervention, limited gov- that— may extend the effectiveness of the designation ernmental regulation, and significant involve- ‘‘(1) establishes that the designation of the and plan for an additional 2-year period (that ment by private entities; project is necessary— begins upon such expiration) by submitting to (5) activities to develop housing assisted pur- ‘‘(A) to achieve the housing goals for the ju- the Secretary any information needed to update suant to this section involve community partici- risdiction under the comprehensive housing af- the plan. The Secretary may not limit the num- pation similar to the homeownership program

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00114 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1903 carried out by Habitat for Humanity Inter- whether the amount remaining from the aggre- consortium exceeds the amount of the grant. For national, in which volunteers assist in the con- gate amount reserved under subsection (c)(2) ex- purposes of this paragraph, any interest, fees, struction of dwellings; and ceeds the amount needed to provide funding in and other earnings of the fund shall be excluded (6) dwellings are developed in connection with connection with any expressions of interest from the amount of the grant. assistance under this section on a geographi- under subsection (f)(1) made by such date that (m) ENVIRONMENTAL REVIEW.—A grant under cally diverse basis, which includes areas having are likely to result in grant agreements under this section shall be considered to be funds for high housing costs, rural areas, and areas un- subsection (i). If the Secretary determines that a special project for purposes of section 305(c) of derserved by other homeownership opportunities such excess amounts remain, the Secretary shall the Multifamily Housing Property Disposition that are populated by low-income families un- provide the excess amounts to Habitat for Hu- Reform Act of 1994. able to otherwise afford housing. manity International by making a grant to such (n) REPORT TO CONGRESS.—Not later than 90 If, at any time, the Secretary determines that organization in accordance with this section. days after close-out of all grants under this sec- the goals under this subsection cannot be met by (h) GEOGRAPHICAL DIVERSITY.—In using grant tion is completed, the Secretary shall submit a providing assistance in accordance with the amounts provided under subsection (a)(1), Habi- report to the applicable Committees describing terms of this section, the Secretary shall imme- tat for Humanity International shall ensure the grants made under this section, the grant- diately notify the applicable Committees in writ- that the amounts are used in a manner that re- ees, the housing developed in connection with ing of such determination and any proposed sults in national geographic diversity among the grant amounts, and the purposes for which changes for such goals or this section. housing developed using such amounts. In mak- the grant amounts were used. (o) DEFINITIONS.—For purposes of this section, (c) ALLOCATION.—Of any amounts available ing grants under subsection (a)(2), the Secretary the following definitions shall apply: for grants under this section— shall ensure that grants are provided and grant (1) APPLICABLE COMMITTEES.—The term ‘‘ap- (1) 62.5 percent shall be used for a grant to the amounts are used in a manner that results in plicable Committees’’ means the Committee on organization specified in subsection (a)(1); and national geographic diversity among housing Banking and Financial Services of the House of (2) 37.5 percent shall be used for grants to or- developed using grant amounts under this sec- Representatives and the Committee on Banking, ganizations and consortia under subsection tion. (i) GRANT AGREEMENT.—A grant under this Housing, and Urban Affairs of the Senate. (a)(2). (2) SECRETARY.—The term ‘‘Secretary’’ means (d) USE.— section shall be made only pursuant to a grant agreement entered into by the Secretary and the the Secretary of Housing and Urban Develop- (1) PURPOSE.—Amounts from grants made ment. under this section, including any recaptured organization or consortia receiving the grant, which shall— (3) UNITED STATES.—The term ‘‘United States’’ amounts, shall be used only for eligible expenses includes the States of the United States, the Dis- in connection with developing new decent, safe, (1) require such organization or consortia to use grant amounts only as provided in this sec- trict of Columbia, the Commonwealth of Puerto and sanitary nonluxury dwellings in the United Rico, the Commonwealth of the Northern Mar- States for families and persons who otherwise tion; (2) provide for the organization or consortia to iana Islands, Guam, the Virgin Islands, Amer- would be unable to afford to purchase a dwell- ican Samoa, and any other territory or posses- ing. develop a specific and reasonable number of dwellings using the grant amounts, which num- sion of the United States. (2) ELIGIBLE EXPENSES.—For purposes of ber shall be established taking into consider- (p) REGULATIONS.—The Secretary shall issue paragraph (1), the term ‘‘eligible expenses’’ any final regulations necessary to carry out this means costs only for the following activities: ation costs and economic conditions in the areas in which the dwellings will be developed, but in section not later than 30 days after the date of (A) LAND ACQUISITION.—Acquiring land (in- the enactment of this Act. The regulations shall cluding financing and closing costs). no case shall be less than 30; (3) require the organization or consortia to use take effect upon issuance and may not exceed, (B) INFRASTRUCTURE IMPROVEMENT.—Install- in length, 5 full pages in the Federal Register. ing, extending, constructing, rehabilitating, or the grant amounts in a manner that leverages other sources of funding (other than grants SEC. 12. FUNDING FOR SELF-HELP HOUSING AS- otherwise improving utilities and other infra- SISTANCE, NATIONAL CITIES IN structure. under this section), including private or public funds, in developing the dwellings; SCHOOLS COMMUNITY DEVELOP- MENT PROGRAM, AND CAPACITY Such term does not include any costs for the re- (4) require the organization or consortia to habilitation, improvement, or construction of BUILDING THROUGH NATIONAL comply with the other provisions of this section; COMMUNITY DEVELOPMENT INITIA- dwellings. (5) provide that if the organization or con- TIVE. (e) ESTABLISHMENT OF GRANT FUND.— sortia has not used any grant amounts within (a) AUTHORITY TO USE ASSISTED HOUSING N GENERAL (1) I .—Any amounts from any grant 24 months after such amounts are first disbursed AMOUNTS.—To the extent and for the purposes made under this section shall be deposited by to the organization or consortia, the Secretary specified in subsection (b), the Secretary of the grantee organization or consortium in a shall recapture such unused amounts; and Housing and Urban Development may use fund that is established by such organization or (6) contain such other terms as the Secretary amounts in the account of the Department of consortium for such amounts, administered by may require to provide for compliance with sub- Housing and Urban Development known as the such organization or consortium, and available section (b) and the requirements of this section. Annual Contributions for Assisted Housing ac- for use only for the purposes under subsection (j) FULFILLMENT OF GRANT AGREEMENT.—If count, but only such amounts which— (d). Any interest, fees, or other earnings of the the Secretary determines that an organization (1) have been appropriated for a fiscal year fund shall be deposited in the fund and shall be or consortia awarded a grant under this section that occurs before the fiscal year for which the considered grant amounts for purposes of this has not, within 24 months after grant amounts Secretary uses the amounts; and section. are first made available to the organization or (2) have been obligated before becoming avail- (2) ASSISTANCE TO HABITAT FOR HUMANITY AF- consortia, substantially fulfilled the obligations able for use under this section. FILIATES.—Habitat for Humanity International under the grant agreement, including develop- (b) FISCAL YEAR 1996.—Of the amounts de- may use amounts in the fund established for ment of the appropriate number of dwellings scribed in subsection (a), $60,000,000 shall be such organization pursuant to paragraph (1) for under the agreement, the Secretary shall use available to the Secretary of Housing and Urban the purposes under subsection (d) by providing any such undisbursed amounts remaining from Development for fiscal year 1996 in the following assistance from the fund to local affiliates of such grant for other grants in accordance with amounts for the following purposes: such organization. this section. (1) SELF-HELP HOUSING ASSISTANCE.— (f) REQUIREMENTS FOR ASSISTANCE TO OTHER (k) RECORDS AND AUDITS.—During the period $40,000,000 for carrying out section 11 of this ORGANIZATIONS.—The Secretary may make a beginning upon the making of a grant under Act. grant to an organization or consortium under this section and ending upon close-out of the (2) NATIONAL CITIES IN SCHOOLS COMMUNITY subsection (a)(2) only pursuant to— grant under subsection (l)— DEVELOPMENT PROGRAM.—$10,000,000 for car- (1) an expression of interest by such organiza- (1) the organization awarded the grant under rying out section 930 of the Housing and Com- tion or consortia to the Secretary for a grant for subsection (a)(1) or (a)(2) shall keep such munity Development Act of 1992 (Public Law such purposes; records and adopt such administrative practices 102–550; 106 Stat. 3887). (2) a determination by the Secretary that the as the Secretary may require to ensure compli- (3) CAPACITY BUILDING THROUGH NATIONAL organization or consortia has the capability and ance with the provisions of this section and the COMMUNITY DEVELOPMENT INITIATIVE.— has obtained financial commitments (or has the grant agreement; and $10,000,000 for carrying out section 4 of the HUD capacity to obtain financial commitments) nec- (2) the Secretary and the Comptroller General Demonstration Act of 1993 (42 U.S.C. 9816 note). essary to— of the United States, and any of their duly au- SEC. 13. APPLICABILITY AND IMPLEMENTATION. (A) develop not less than 30 dwellings in con- thorized representatives, shall have access for (a) APPLICABILITY.—This Act and the amend- nection with the grant amounts; and the purpose of audit and examination to any ments made by this Act shall be construed to (B) otherwise comply with a grant agreement books, documents, papers, and records of the have become effective on October 1, 1995. under subsection (i); and grantee organization or consortia and its affili- (b) IMPLEMENTATION.—The amendments made (3) a grant agreement entered into under sub- ates that are pertinent to the grant made under by sections 9 and 10 shall apply as provided in section (i). this section. subsection (a) of this section, notwithstanding (g) TREATMENT OF UNUSED AMOUNTS.—Upon (l) CLOSE-OUT.—The Secretary shall close out the effective date of any regulations issued by the expiration of the 6-month period beginning a grant made under this section upon deter- the Secretary of Housing and Urban Develop- upon the Secretary first providing notice of the mining that the aggregate amount of any assist- ment to implement such amendments or any fail- availability of amounts for grants under sub- ance provided from the fund established under ure by the Secretary to issue any such regula- section (a)(2), the Secretary shall determine subsection (e)(1) by the grantee organization or tions.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00115 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1904 CONGRESSIONAL RECORD — SENATE March 12, 1996 Mr. BURNS. Mr. President, I ask Senate resume consideration of the to be immediately followed by at least unanimous consent that the Senate omnibus appropriations bill, H.R. 3019, one additional vote in relation to the concur in the amendment of the House. and as under the previous order, re- endangered species amendment to the The PRESIDING OFFICER. Is there sume consideration of the pending continuing resolution. Additional votes objection? The Chair hears none, and it Hutchison amendment. I further ask can be expected throughout Wednes- is so ordered. unanimous consent that at 10 a.m., the day’s session of the Senate, and a late f pending amendments be temporarily session can be anticipated in order to set aside and Senator DOLE be recog- complete action on the omnibus appro- ORDERS FOR WEDNESDAY, MARCH nized to offer an amendment. priations bill. 13, 1996 The PRESIDING OFFICER. Without Mr. BURNS. Mr. President, I ask objection, it is so ordered. f unanimous consent that when the Sen- Mr. BURNS. Mr. President, I further ate completes its business today, it ask unanimous consent that the clo- ADJOURNMENT UNTIL 9:15 stand adjourned until the hour of 9:15 ture vote with respect to the White- TOMORROW water Special Committee occur at 2 on Wednesday, March 13; further, that Mr. BURNS. Mr. President, if there is immediately following the prayer, the p.m. on Wednesday and at 1 p.m. there be 1 hour for debate prior to the clo- no further business to come before the Journal of proceedings be deemed ap- ture vote to be equally divided in the Senate, I now ask unanimous consent proved to date, no resolutions come usual form. the Senate stand adjourned under the over under the rule, the call of the cal- The PRESIDING OFFICER. Without previous order. endar be dispensed with, the morning objection, it is so ordered. There being no objection, the Senate, hour be deemed to have expired, and f at 9:32 p.m., adjourned until Wednes- the time for the two leaders be re- day, March 13, 1996, at 9:15 a.m. served for their use later in the day, PROGRAM and the Senate begin a period for the Mr. BURNS. Mr. President, for the f transaction of morning business until information of all Senators, the Senate the hour of 9:30 a.m., with Senators will resume consideration of the omni- CONFIRMATION permitted to speak for up to 5 minutes bus appropriations bill at 9:30 a.m. Ad- each, with the following exception, and Executive nomination confirmed by ditional amendments are expected to the Senate March 12, 1996: that is Senator BOND for 10 minutes. be offered, and it is still hoped that we The PRESIDING OFFICER. Without may complete action on the appropria- FEDERAL RETIREMENT THRIFT INVESTMENT BOARD objection, it is so ordered. tions bill during tomorrow’s session. Mr. BURNS. Mr. President, I further THOMAS A. FINK, OF ALASKA, TO BE A MEMBER OF THE Under a previous order, there will be FEDERAL RETIREMENT THRIFT INVESTMENT BOARD ask that at 9:30 a.m. on Wednesday, the a cloture vote at 2 p.m. on Wednesday FOR A TERM EXPIRING OCTOBER 11, 1999.

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ENERGY SECURITY, 5 YEARS CONGRATULATIONS TO RABBI AND delivered a speech on the 1996 schedule of AFTER THE PERSIAN GULF WAR MRS. DAVID ELIACH FOR A LIFE- the committee. TIME COMMITMENT TO RELI- The first three pages talked about how hor- GIOUS AND EDUCATIONAL LEAD- ribly complex the current Tax Code is and how HON. DAN SCHAEFER ERSHIP the chairman wants to tear the code out `by its OF COLORADO roots,' substitute a kind of sales tax, and make IN THE HOUSE OF REPRESENTATIVES HON. CHARLES E. SCHUMER the IRS unnecessary. OF NEW YORK The last two pages talks about what the Tuesday, March 12, 1996 IN THE HOUSE OF REPRESENTATIVES committee is going to do in March in the Mr. SCHAEFER. Mr. Speaker, what is the Tuesday, March 12, 1996 health sector: pass medical savings accounts, cornerstone of a sound and thriving economy? which are an elaborate and complicated new Mr. SCHUMER. Mr. Speaker, I rise today to What is an absolute prerequisite for American type tax deferred savings plan, and increase honor two unique individuals, Rabbi Doctor the tax deductibility of health insurance for the national security? What is the key to this David Eliach and his wife, Prof. Yaffa Eliach country's overall well-being? self-employed, but not their workers. for their endless dedication and tireless work Hello. The answer is a vibrant domestic energy in- in the fields of Hebrew language instruction I am sure that the chairman writes his own dustry, one which will help reduce this coun- and Judaic studies. On the eve of their retire- speeches, and if I did not know that, I would try's dependence on foreign oil imports. ment, I salute these two outstanding citizens say that two different people who had never Unfortunately, despite the development of for contributing to the educational achievement met wrote that speech. How can you start a alternative forms of energy and the tremen- of students throughout Brooklyn. short speech saying you are going to abolish dous gains in energy efficiency in the past two At a time when religious education is often the current Tax Code and greatly simplify it, decades, we are farther now from energy overlooked by more mainstream and secular and end that speech saying you are going to independence than ever. Last year, for the educational training, Rabbi Eliach single- add two new special incentives that will add first time in history, the United States imported handedly inspired the parents and children of pages of regulations and forms to the law? more than half of the oil it consumed. In 1973, Flatbush, Brooklyn with his love and respect during the oil crisis that virtually paralyzed the for the Hebrew language. As dean of the Ye- f shiva of Flatbush and principal of the Joel country, about 35 percent of our oil supplies LEGISLATION FOR CASA MALPAIS Braverman High School for over 43 years, were imported. NATIONAL HISTORIC LANDMARK Rabbi Eliach provided thousands of Yeshiva Though oil appears to be plentiful and real students with extensive training in Hebrew and prices for energy are at or near all-time lows, Jewish history unmatched by most other edu- HON. J.D. HAYWORTH we must not be lulled into a false sense of cational institutions in New York. The commu- OF ARIZONA complacency. We must ensure the viability, nities of Brooklyn have benefited much from productivity, and competitiveness of the do- IN THE HOUSE OF REPRESENTATIVES Rabbi Eliach's commitment to thorough lan- Tuesday, March 12, 1996 mestic American energy industry. guage instruction coupled with his drive for As chairman of the Commerce Committee's academic excellence. His work has made an Mr. HAYWORTH. Mr. Speaker, today I am Subcommittee on Energy and Power, I am indelible impression on his students, faculty introducing legislation which would authorize committed to supporting policies that will help and friends of the Yeshivah of Flatbush. the Secretary of the Interior to provide assist- lead to greater American energy independ- Prof. Yaffa Eliach has also established note ance to the Casa Malpais National Historic ence in the years to come. worthy life-long career in Jewish instruction Landmark in Springerville, AZ. The Casa Though the issue of energy security does and creative literature. As a highly-noted Malpais National Historic Landmark is a 14.5 not grab as many headlines these days as it scholar of Judiac studies, founder of the Cen- acre archaeological site located near the did 5 short years ago during the Persian gulf ter of Holocaust Studies and creator of the ac- towns of Springerville and Eager in north- war, I hope my colleagues understand that it claimed ``Tower of Life'' at the U.S. Holocaust eastern Arizona. The site was occupied will grab the headlines again someday in the Memorial Museum in Washington, Professor around A.D. 1250 by one of the largest and future. We must take steps now to ensure that Eliach has made enormous contributions to most sophisticated Mogollon communities in future generations of Americans do not suffer the institutional knowledge of Jewish culture the United States. because of any failure on our part to safe- history throughout the world. Her works have Casa Malpais is an extraordinary rich ar- guard the integrity and viability of our country's been studied and read widely in several dif- chaeological site. Stairways, a Great Kiva domestic energy industry. ferent countries. complex, a fortification wall, a prehistoric trail, These two educators have served our com- catacombs, sacred chambers, and rock panels f munity with distinction. Their presence in the are just some of the features of this large ma- cultural and academic life of Yeshiva students sonry pueblo. Due to its size, condition, and PERSONAL EXPLANATION and neighbors throughout the world will cer- complexity, the site offers an unparalleled op- tainly be missed. As Rabbi Doctor David and portunity to study ancient society in the South- Yaffa Eliach celebrate their retirement, I am west and, as such, is of national significance. HON. ILEANA ROS-LEHTINEN honored to salute them as leaders of the Jew- My legislation would establish the Casa OF FLORIDA ish community. I urge all my fellow colleagues Malpais National Historic Landmark as an af- IN THE HOUSE OF REPRESENTATIVES to recognize these dedicated individuals and filiated unit of the National Park Service. Affili- wish them well in their future endeavors. ated status would authorize the resources and Tuesday, March 12, 1996 f protection necessary to preserve this treasure. Ms. ROS-LEHTINEN. Mr. Speaker, I was WAYS AND MEANS As a member of the family of affiliated national unable to vote on three items from March 7. SCHIZOPHRENIA landmarks, the public would also have greater I would have voted ``yes'' on H.R. 3021 on exposure to the Casa Malpais site. final passage of the extension of the debt ceil- The communities in the area support this ing, ``yes'' on the Dreier amendment to the HON. FORTNEY PETE STARK legislation. Local officials have taken steps to OF CALIFORNIA amendment to the rule on H.R. 3019 the Bal- ensure that all research and development of IN THE HOUSE OF REPRESENTATIVES anced Budget Act, regarding title IV contin- the site is conducted in consultation with affili- gency funding being subject to reconciliation Tuesday, March 12, 1996 ated local native American tribes. legislation, and ``yes'' on the adoption of the Mr. STARK. Mr. Speaker, last week, the I ask my colleagues to support this meas- rule to H.R. 3019 the Balanced Budget Act. chairman of the Ways and Means Committee ure. It will enhance the landmark's attributes

∑ 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. E324 CONGRESSIONAL RECORD — Extensions of Remarks March 12, 1996 for the enjoyment and education of local com- sued this interest through studying glass engi- caught in a continuing resolution that pro- munities, the State of Arizona, and the Nation. neering and by designing and building a glass vides it with only 70 percent of the funding By supporting this measure, we can help open studio at Ohio State. it had last fiscal year, and only 47 percent of the funding the administration asked for this unique window of history through which The cofounder of the Modern Glass Move- this year. we can study and learn about our rich herit- ment, Harvey Littleton, was so impressed with The resolution expires March 15, and ACDA age. Mr. Ries' work at Ohio State that he invited needs an additional $8.7 million—for a final f him to be his assistant at the University of budget of $44.4 million—to do its job. ACDA Wisconsin at Madison. While subsequently Director John Holum has taken extreme EDDIE T. PEARSON BLACK pursuing his master of fine arts degree, Mr. measures to make sure his agency stays HISTORY TRAILBLAZER within the continuing-resolution funding. Ries opened his own studio at Mineral Point, He has slapped on a hiring freeze, halted WI. use of consultants, banned overtime, put a HON. CARRIE P. MEEK Mr. Ries began to achieve international ac- hold on promotions, and restricted travel. OF FLORIDA claim after establishing a relationship with Most vacancies are being left unfilled. Main- IN THE HOUSE OF REPRESENTATIVES Schott Glass Technologies in Duryea, PA, tenance on ACDA’s phones is limited to which creates optical glass of optimum clarity emergency repairs. Tuesday, March 12, 1996 and brilliance. In a unique partnership be- These measures have allowed the agency to Mrs. MEEK of Florida. Mr. Speaker, I rise hang on and, so far, fulfill most of its mis- tween artist and industry, Schott allowed Mr. sions. But if Congress doesn’t appropriate ad- today to recognize a friend and educator, Mr. Ries the use of its facilities in order to produce ditional funding for after March 15, several Eddie T. Pearson who has devoted over 25 the world's largest crystal sculptures. In 1988, of those missions will be in danger. years of leadership in the quest for edu- these magnificent pieces were exhibited in an The agency has had to withdraw a key ex- cational and racial equality. During Black His- exclusive showing at the Cincinnati Art Mu- pert who is helping the United Nations en- tory Month, this Dade County public schools seum which, according to museum officials, sure that Iraq’s Sadaam Hussein doesn’t de- region VI superintendent was honored as a velop nuclear, chemical, or biological weap- was the most popular in the museum's history. ons. role model for youth. All too often, our youth's Mr. Ries presently maintains a studio in ACDA may not have the expertise it needs instruction regarding historical events is so far Tunkhannock, PA, where he continues to mold to complete negotiations on the treaty to removed that any connection to their lives is glass into beautiful works of art. It is a privi- ban nuclear testing. lost. Honoring Eddie T. Pearson was one way lege for the 10th Congressional District to The agency won’t have the personnel to of closing that distance in time. count Mr. Ries as a resident and I ask my col- work on ratification of the Chemical Weap- After graduating from Tuskegee Institute's leagues to join me in honoring his contribu- ons Convention. It already doesn’t have the High School with outstanding academic and money to send an expert to The Hague to tions to the world of art. work on inspection procedures that will be athletic accomplishments, Eddie continued his f required when the accord kicks in. education at Tuskegee Institute. He gained It’s not only silly, it’s dangerous for Con- great notoriety as a star football player and ARMS CONTROL IS NOT PASSE gress to appropriate money for B–2 bombers was recently inducted into the school's athletic the Pentagon doesn’t want and for an hall of fame. Eddie was the first member of his HON. ELIZABETH FURSE untested missile-defense program while at family to obtain a post-secondary degree, but the same time starving the agency that en- OF OREGON sures other countries abide by arms-control he did not stop at that milestone. He later re- IN THE HOUSE OF REPRESENTATIVES agreements. The extra money ACDA needs ceived his master's degree from Florida Atlan- Tuesday, March 12, 1996 buys a lot of national security at a very low tic University and a specialist degree from the price. Congress should find the funds. University of Florida. Ms. FURSE. Mr. Speaker, I am submitting At 26, Eddie T. Pearson was the youngest two excellent editorials to the CONGRESSIONAL [From the Oregonian, Mar. 11, 1996] principal appointed by Dade County public RECORD that support adequate funding for the KEEPING OUR NUCLEAR GUARD UP—CONGRESS schools and he was the first black individual Arms Control and Disarmament Agency. SHOULD ADEQUATELY FUND U.S. ARMS CON- appointed to head a primarily non-black stu- These appeared in the March 5 Christian TROL AGENCY TO COMBAT SPREAD OF CHEMI- CAL AND NUCLEAR WEAPONS TO TERRORISTS dent bodyÐHomestead Middle School. This Science Monitor and the March 11 Oregonian. ACDA is carrying out vital work as we move Preventing the spread of weapons of mass assignment helped to make Eddie an ambas- destruction is a high priority for the Clinton sador of race-relations. He created an edu- toward implementing START II, completing ne- administration and should be a concern of all cational environment so that everyone would gotiations on a comprehensive test ban treaty, Americans. be given the opportunity to excel. Eddie T. and ratifying the Chemical Weapons Conven- Here’s why we should worry: successfully designed and implemented a plan tion. China stands accused of transferring nu- that provided for the full integration of the stu- Ridding the world of weapons of mass de- clear-related technology to Pakistan. It re- struction is perhaps the most important thing fuses to halt its own tests of nuclear weap- dent population. ons. It is accused by U.S. arms negotiators of Having served 33 years as a member of the we can do to advance the security of the throwing up roadblocks in Geneva-based Dade County public school family, Eddie T. world. I urge my colleagues to support a high- talks aimed at promulgating a global Com- Pearson is indeed a role model for our times. er funding level for ACDA in the continuing prehensive Test Ban Treaty. There are indi- f resolution the next time it comes before us. cations that China maintains an offensive bi- [From the Christian Science Monitor, Mar. 5, ological weapons program in violation of CHRISTOPHER RIES IS WORLD’S 1996] international accords. The Mayak nuclear complex in Russia is so PREMIER GLASS SCULPTOR FUND ARMS CONTROL secret that it didn’t show up on maps during Some of the federal government’s smallest the Cold War. Enough plutonium is stored HON. JOSEPH M. McDADE agencies do some of its most important there to make 3,750 bombs. The site is pro- OF PENNSYLVANIA work. tected by enough soldiers to fight a war. But One of them is the Arms Control and Dis- IN THE HOUSE OF REPRESENTATIVES inside, where 30 metric tons of plutonium are armament Agency (ACDA), a tiny, 250-person stored, security is so lax that it wouldn’t Tuesday, March 12, 1996 department that conducts negotiations to take much effort for an errant worker to limit and reduce nuclear, chemical, and bio- Mr. MCDADE. Mr. Speaker, I rise today to steal radioactive material. logical weapons and verifies compliance with The danger from within—that’s the new honor the achievements of Christopher Ries, arms-control treaties. nuclear nightmare. That’s also why the U.S. who is one of the world's premier glass sculp- ACDA has been whipsawed in the budget Senate should ratify the Chemical Weapons tors. On March 24, the Everhart Museum in debate: First, it got caught in Sen. Jesse Convention treaty, which not only makes Scranton, PA, will present a retrospective of Helms’ misguided attempt to eliminate it chemical weapons illegal, but would make it Mr. Ries' work called Glass and Light. This and two other foreign-affairs agencies and illegal to stockpile them as well. retrospective will showcase Mr. Ries' lifetime hand their work over to the State Depart- To protect Americans from these threats, of effort to mold glass into works of art which ment. That effort was defeated in the Sen- Congress needs to spend an estimated $10 ate, which passed a State Department au- million to restore funding for the 250-person capture and transform light in unique and thorization bill that includes funding for the U.S. Arms Control and Disarmament Agen- beautiful ways. other agencies. cy, which is the nation’s most effective post- As a student at the Ohio State University, But the upper chamber and the House of Cold War watchdog. Temporary funding for Mr. Ries learned to appreciate the qualities of Representatives have not yet reconciled con- the agency expires Friday. Indeed, the agen- glass during course work in ceramics. He pur- flicting versions of the bill. So ACDA got cy has been so strapped for money that when March 12, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E325 the chemical weapons treaty’s inspection comfort, education and hope to parents of chil- organizations, Mrs. Montes is a loving mother procedures were negotiated, agency experts dren with AIDS. and is as devoted to her family life as she is were forced to stay home due to the lack of Kathleen Sweeney and Denise NeretteÐas to her community. travel funds. members of the Haitian Task Force on Do- Mrs. Montes has proven herself to be de- The central mission of the U.S. Arms Con- trol and Disarmament Agency is to reduce mestic Violence they have collaborated in pro- serving of this award. I ask my colleagues to nuclear stockpiles here and in Russia; to put mulgating domestic violence in Miami's Haitian join me in congratulating this year's Pio Pico an end to nuclear testing around the world; Community. Woman's Club woman of the year, Margie and to outlaw poison gas forever. The agency Christina ZawiszaÐa child advocate and the Montes. complements the work of the Pentagon by founding member of the Florida Foster Care f trying to remove the threats to national se- Review Project, who has dedicated her curity through negotiated, verifiable agree- untiring efforts for children in need. BEST OF LUCK TO COMDR. SEAN ments. Marcela ViolaÐis the first unsung student to P. SULLIVAN The nature of the nuclear threat has be honored. She attends Miami Beach Senior changed since the end of the Cold War. It is difficult to police or detect activity: Witness High School, and has dedicated time to help- HON. J.C. WATTS, JR. the mortifying prospect that as little as a ing children help themselves, while maintain- OF OKLAHOMA kilogram of plutonium or weapon-grade ura- ing superior grade averages in advanced IN THE HOUSE OF REPRESENTATIVES nium could fall into the hands of terrorists classes. Tuesday, March 12, 1996 targeting U.S. cities. COPE SchoolsÐContinuing Opportunities Mr. WATTS. Mr. Speaker, I rise today to The nation needs an adequately funded for Purposeful Education is the first program to recognize a truly outstanding naval officer, arms control agency to minimize these be honored. The two schools, ``North'' and Comdr. Sean P. Sullivan, U.S. Navy, who has threats. ``South,'' through their dedicated principals, served with distinction as Deputy Director of f Dorothy Wallace and Dr. Williams Perry, have, the House of Representatives' Navy Legisla- through education, improved the quality of life TRIBUTE TO THE CITY OF MIAMI’S tive Liaison Office. It is a privilege for me to UNSUNG HEROINES to single teenage mothers and their children. It is said that Miami is the only major city in recognize his many outstanding achievements the United States to have been created by the and commend him for the superb service he HON. CARRIE P. MEEK inspiration of a womanÐJulia Tuttle. It is has provided to this legislative body and to our OF FLORIDA today that we honor women who follow that in- great Nation as a whole. A native of Bridgeport, CT, Commander Sul- IN THE HOUSE OF REPRESENTATIVES spiration. livan received his commission from the U.S. Tuesday, March 12, 1996 f Naval Academy in Annapolis, MD. He was Mrs. MEEK of Florida. Mr. Speaker, it is my TRIBUTE TO MARGIE MONTES, PIO commissioned as an ensign in May, 1980. great pleasure to join, once again, with the PICO WOMAN’S CLUB 1996 WOMAN Commander Sullivan then completed a rigor- citizens of the city of Miami in honoring the OF THE YEAR ous nuclear propulsion training program and 1996 Unsung Heroines. Each year the city of submarine officers basic course. Miami Commission on the Status of Women HON. ESTEBAN EDWARD TORRES Following this initial training, Commander commemorates National Women's History OF CALIFORNIA Sullivan reported to his first ship, U.S.S. Month by recognizing and honoring women IN THE HOUSE OF REPRESENTATIVES Plunger, SSN±595. While on U.S.S. Plunger, who care to share their time by helping others Commander Sullivan served as reactor control through volunteerism. Tuesday, March 12, 1996 assistant, main propulsion assistant, and This year, I join the city of Miami in saluting Mr. TORRES. Mr. Speaker, it is with pride weapons officer. the 1996 Unsung Heroines: that I rise to pay tribute to Margie Montes, Pio Completing a successful tour on U.S.S. Marilyn S. BloomÐa retired preschool and Pico Woman's Club 1996 Woman of the Year. Plunger, Commander Sullivan was selected to elementary schoolteacher, who is also an en- Mrs. Montes has earned this distinctive rec- return to his alma mater, the U.S. Naval Acad- thusiastic advocate for senior citizens and ognition through her active involvement in our emy, as a company officer. In this vital role, intergenerational programming in Dade Coun- community. Commander Sullivan was charged with the ty. Mrs. Montes became an active member of training of our future naval officers. Dr. Castell V. BryantÐan educator for over our community at a very early age, participat- All great naval officers can't wait to get back 30 years and currently the interim president of ing in sports while attending Assumption to sea and Commander Sullivan is no excep- Miami Dade Community CollegeÐWolfson Grammar School. Later, at Our Lady of tion to that rule. Following his tour at the Campus, Dr. Bryant has been deeply commit- Loretto High School, Margie began showing Naval Academy he reported to U.S.S. Chi- ted to programs that help instill pride, build her leadership abilities as captain of the tennis cago, SSN±721, where he served as the self-esteem and improve family life for inner- team and as yearbook editor. When she grad- ship's engineer. While on U.S.S. Chicago, city youth. uated in 1979, she was awarded the Bank of Commander Sullivan served in Operation Doris EmersonÐa dedicated volunteer and America Award for Home Economics. Cur- Desert Shield and Desert Storm. board member in the Girl Scouts, the Quaker rently, she is an executive manager for Completing his tour aboard U.S.S. Chicago, religion, and in the fields of mental health and Tupperware where she has received numer- Commander Sullivan reported to the staff of education. ous awards of recognition for her perform- Submarine Group 11 where he served as the Dr. Carmen GonzalezÐan untiring chef and ance. squadron engineer. In May 1993, Commander creator of Feeding the Mind Foundation, a Her contributions extend throughout our Sullivan again returned to sea duty serving as scholarship for battered women. Dr. Gonzalez community. She is currently president of the the executive officer of U.S.S. Maryland, has chaired numerous fundraisers for Camillus Soroptimist of Pico Rivera, where she has SSBN±738. House, and has actively promoted ``Extra also held the positions of first and second vice Due to his demonstrated sustained out- Helpings'' a program that supplies meals for president. She is also a member of the Pico standing performance, Commander Sullivan the homeless. Rivera Chamber of Commerce, where she was handpicked to report to his current job Cindy LernerÐthe codesigner of a program serves on the board of directors. upon completion of his tour on U.S.S. Mary- titled ``Teenage Dating Violence: Intervention She has been a member of the Pio Pico land. During his tenure at the Legislative Af- and Prevention,'' that provides curriculum and Woman's Club since 1991. For the past 2 fairs Office, Commander Sullivan has provided training for educating youths about the dynam- years, she has served as chairperson for the the members of the House National Security ics of domestic violence. Pio Pico Woman's Club's annual Christmas Committee, our professional and personal Dr. Ann Moliver RubenÐdeveloped pro- with Santa Claus dinner, as well as chair- staffs, as well as many of you seated here grams for Dade County teachers to help com- person for the international dinner and pasta today, with superior support regarding Navy bat gender inequities, and has provided vol- nights. She has also chaired the Dessert plans and programs. His valuable contribu- untary psychotherapy for rape victims. Fashion Show. She has selflessly contributed tions have enabled Congress and the Depart- Alvia Palmer-MichelÐa volunteer at the her time above and beyond expectations to ment of the Navy to work closely together to Children's Home Society, a board member of these events, making wreaths and arranging ensure our naval forces are well equipped and Florida Legal Services, and a courageous and baskets as door prizes. superbly trained. dedicated advocate for AIDS awareness. She In addition to all of her contributions to our Mr. Speaker, Sean Sullivan, his wife Shar- has risen through personal struggles to offer community through her membership in various on, and their four children, Amy, Casey, Kelly, E326 CONGRESSIONAL RECORD — Extensions of Remarks March 12, 1996 and Maxwell, have made many sacrifices dur- I can find no other explanation. This, them, is change. And change is what ing his 16-year-naval career. Serving on three The Republicans must doubt their own com- this administration has achieved, both with submarines, he has spent a significant amount mitment to veterans. They must fear that regard to women and to human rights. You Jesse Brown will expose their budget for what know and I know that this has not been easy. of time underway away from his family. We But change is taking place. There are more are all deeply in debt to the contributions of they know it is. Why else would they prevent women at the highest levels of our Govern- great Americans such as Commander Sullivan the Secretary of Veterans Affairs from speak- ment now than ever before, demonstrating to ensure the freedom we all cherish. ing out on the issues that he knows best? their competence, day in, day out, proving As Commander Sullivan now prepares to re- I urge my colleagues to oppose the rule for their value to the country and to the world— turn to sea yet again, this time as captain of this continuing resolution. It prevents those no nonsense women like Madeleine Albright. his own submarine, I call upon my colleagues who really care about our Nation's veterans I don’t know how many of you saw her on from both sides of the aisle to wish him every from striking punitive language aimed at si- television the other day, when the Cubans success as well as fair winds and following lencing the Secretary of Veterans Affairs. were trying to explain how shooting down It attacks the independence of a cabinet unarmed planes in international waters was seas. somehow an act of courage. Madeleine let f level agency and silences the best voice the world know exactly what she thought of America's veterans have. It compromises Con- BALANCED BUDGET DOWN their so-called machismo, and she called it, gress' commitment that the Secretary of Veter- what it was in plain English, as well as in PAYMENT ACT, II ans Affairs would be an effective advocate for Spanish. Yes, Madeleine has been a most ar- the millions of men and women who served in ticulate spokesperson for this country no SPEECH OF our military. This rule is bad for veterans and matter what the issue. HON. LUIS V. GUTIERREZ bad for the United States. And, of course, there’s Donna Shalala, Janet Reno and Hazel O’Leary, handling OF ILLINOIS f complex Cabinet portfolios with skill and de- IN THE HOUSE OF REPRESENTATIVES AMBASSADOR FERRARO RECOG- termination. And here in the State Depart- Thursday, March 7, 1996 NIZES INTERNATIONAL WOMEN’S ment: Robin Raphel is doing an excellent job with India and Pakistan; Tony Verstandig is The House in Committee of the Whole DAY House on the State of the Union had under making real contributions to the Middle consideration the bill (H.R. 3019) making ap- East Peace Process; Melinda Kimble, proved propriation for fiscal year 1996 to make a fur- HON. PATRICIA SCHROEDER herself a leader at the Beijing Women’s Con- ther downpayment toward a balanced budg- OF COLORADO ference; and Nancy Ely-Raphel made a vital et, and for other purposes: IN THE HOUSE OF REPRESENTATIVES contribution to the success of the Vienna conference and more recently the Dayton ac- Mr. GUTIERREZ. Mr. Chairman, the Repub- Tuesday, March 12, 1996 cords. Both Lynn Davis and Joan Spero are licans believe they have a great plan to put a Mrs. SCHROEDER. Mr. Speaker, on March among the Secretary’s most trusted advi- downpayment on a balanced budget. 8, 1996, Ambassador Geraldine Ferraro, head sors, while Phyllis Oakley has been a pillar They believe they have found a perfect of the U.S. delegation to the United Nations of strength on refugee issues. And Pru method to cut what they consider to be exces- Human Rights Commission, spoke eloquently Bushnell has shown enormous leadership on sive ``social spending.'' African issues. about International Women's Day. Ambas- They have proposed legislation that slashes There are many more of you who also de- sador Ferraro recognized the many high-rank- funding by $900 million for veterans health serve to be recognized as well, women who care, veterans employment programs, and the ing women in our Government who perform stand in the trenches of government and do construction of new veterans psychiatric care outstanding service on behalf of human rights battle every day for the things we believe in. Because we don’t have just a handful of ex- facilities. They have said ``No'' to needed VA all over the world. She spoke at length about the many human rights violations that women ceptional women in Government any more; hospitals and outpatient clinics which would we’ve got thousands of them. In every office have served up to 700,000 veterans. These still face, in spite of our best efforts. I would like to have her remarks included in the in every department and agency in this Gov- cuts are for below President Clinton's budget ernment, there are women making believers request and are even below the House- RECORD. of those who doubted them before. This is passed level with regard to health care issues. AMBASSADOR GERALDINE FERRARO, HEAD OF change. On top of all that, they have now given U.S. DELEGATION, UNITED NATIONS HUMAN It’s a measure of your achievement that RIGHTS COMMISSION, ON THE OCCASION OF themselves a safety mechanism. They have this change is, I believe, irreversible. INTERNATIONAL WOMEN’S DAY, MARCH 8, That doesn’t mean that I think the battle invented a sure-fire way to guard their plan 1996 to ensure women’s rights is over in this from criticism. Thank you so much, Tim, for that kind in- country, that women have achieved equality How? troduction. It is a great honor for me to be in the workplace and in their paychecks. By removing these indefensible provisions? here today on the occasion of International That doesn’t mean that we have put an end By realizing the errors of their huge budget Women’s Day with so many friends and to sexual harassment, that we are free to cuts? former colleagues and to have the chance to walk our streets at night, or that the fear of No. Instead they choose to silence someone speak with you about women and human violence no longer haunts the daily lives of who has the courage and the expertise to rights and the essential role they both play millions. Nor does it mean that those who point out the flaws in their budget plan, our in our efforts to fashion a new and better would turn us against each other, pitting Secretary of Veterans Affairs, Jesse Brown. world for those who follow us. those who stay at home to raise their chil- In the Republicans believe their plan is such Before I begin, however, I want you to dren against those who go to work, have sud- know that you have chosen some of my fa- denly seen the light. It doesn’t mean that a marvelous solution to our budget woes, why vorite people to honor today, Mr. Secretary. the glass ceiling is shattered or that every then are they trying to muzzle the Secretary of I am pleased, but not surprised, because each deadbeat dad is paying for his children now. Veterans Affairs from during his job, advocat- of them has been at the forefront of the It doesn’t even mean that we, as a society, ing for adequate funding for VA programs? struggle to protect the rights of women, each understand what it takes to be a woman Why else would the Republicans aim their of them fought for the rights of children, the today, what it means to walk a tightrope be- funding cuts at the Secretary of Veterans Af- poor, the disabled and the disenfranchised at tween family and the work place, at a time fairs travel budget and staff support? home before coming to Washington. So mov- when so much is changing and yet so little. I think I know the answer. ing into the arena of international human No, but I’m optimistic because there is a course to history. How many women worked Maybe the Republicans themselves don't rights has been a natural progression for them. here in the State Department a generation believe their plan is so wise. Maybe they know These are women who are not afraid to ago—not just in secretarial positions— their downpayment unfairly cuts funding for stand up for the cases they believe in. In- women have always filled those spots—but as those men and women who served under our deed, the desire to fight for such beliefs was analysts, office directors, desk officers? Nation's flag. Maybe they fear that veterans why they ran for public office in the first There was Eleanor Dulles, a specialist in will be informed of these cuts and will vote place. German affairs—whose brother just hap- their concerns at the ballot box next Novem- But many run and only a few win. What we pened to be Secretary of State—and who ber. Maybe they are worried that the next time see here are women who have helped make else? Not many. Look at your numbers now. history, each in her own way, women who Who among you thinks we’re ever going they drape themselves in the flag the Amer- overcame the obstacles others so often put in back? ican people won't buy it. their path. Together, they prove that it is I’m optimistic about the future because I They know that Secretary Brown is speak- not just possible for women of principle to am convinced that the doors of opportunity ing the truth. They know that he is a strong lead, but that the public will support them which we have opened will never again be and knowledgeable advocate for veterans. when they do. closed. The gains we have achieved will be March 12, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E327 built on—not only in the State Department, ourselves. But the fact is, we are different; protection, when ‘‘poor’’ and ‘‘defenseless’’ but in Congress and in the State legislatures, we are a catalyst. When we act, others fol- won’t be names we give to half a billion on Wall Street and in Silicone Valley, in the low. women. There’ll be a time when girls are not boardrooms, the newsrooms and the class- So it is with human rights. The United left to starve upon a hillside because they rooms of our great universities, in the States has been leading for over two hundred were not born boys; when their genitals are science labs and in space and wherever the years. That’s as it should be. Leadership in not mutilated to please some cruel, outdated next chapters of our history are being writ- human rights is a burden we embrace in this custom; when they are not violated in the ten. building, in this administration, and in hun- name of ethnic cleansing; when girls are not It will be tough. Every step of the way will dreds of private institutions and organiza- sold into prostitution out of financial des- be contested. Power is always contested. tions throughout the country. peration; when they are not burned because But I’m optimistic for another reason. In That’s why I’m looking forward to heading their dowries are too small or their husbands 1984, when I was running for Vice President, back to Geneva next week for the meeting of died before them. the campaign had me shy away from empha- the U.N. Human Rights Commission. There There will be a time when women will not sizing women’s issues. I didn’t have to prove will be a lot on our plate there—China, be either the victims or the cause of over- to anyone where I stood on equity for Bosnia, Cuba and the Middle East. But de- population; when they will not bear eight women. I had to convince ‘‘the guys’’ that I spite all that, you can be sure that no dele- children in the hope that three may live; had the courage and the intelligence to run gation is going to be more active in the de- when they are not forced into early mar- the country. But it didn’t make sense. How fense of women’s rights than we will. riage; when they will not lack the education can a woman not address the needs of Human rights are universal, but they’re they need to become productive citizens. women? And so in late October, right before also American through and through. They’re There will be a time when refugee women the election, I gave my one and only wom- as old as the Declaration of Independence, as will not sell themselves for food; when they en’s speech, It addressed every issue we care new as this week’s human rights reports. De- will not be raped by marauding soldiers; about and have fought for over the last dozen spite our lapses, our institutions and policies when they will not be terrorized because years. I was concerned that somehow the are grounded in a genuine belief that the they come from the wrong group or the message would be lost if we didn’t bring in rights and freedoms we cherish belong to ev- wrong city or because they chose the wrong the other half of the population, and so I eryone. And that gives us a strength most time to gather firewood to cook the family said: ‘‘I am not only speaking to women here other nations lack. meal. That is why I think that ultimately our tonight. Every man is diminished when his Yes, there will be a time for all of that. views on human rights will prevail through- daughter is denied a fair chance; every son is There’ll be a time when the women of Amer- out the world. One day the standard we first a victim when his mother is denied fair pay.’’ ica can walk the streets of our cities and not Those are the same points we make when set in our own institutions and then helped know fear. There’ll be a time when the life of we discuss women’s rights as human rights establish in the international arena will be- a ghetto girl will mean as much as one in the as the First Lady did so eloquently in come the one by which all countries judge wealthy suburbs; when comparable work will Beijing. Allowing women full participation themselves. mean comparable pay; and when we can look in society benefits not just them, but society Our job, then, is to take that voice and am- out across any meeting room in any county as a whole. plify it, to use the power of our institutions of this country and see as many women there Many of you participated in one way or an- and the strength of our people, people like as men. other to the effort which made the Beijing you to hold the nations of the world—our Women’s Conference such a success. I was own included—accountable to the standards But that is some time off. Until then, vio- privileged to be part of the delegation. It was we have set for ourselves so many times— lence against women will remain a thread one of the most fascinating and exhilarating whether in the Bill of Rights, the U.N. Char- that knits the world’s rich and poor to- events I’ve ever attended. The platform for ter or the Universal Declaration of Human gether. No nation is immune. This is not a action we adopted commits the nations of Rights—or more recently in the Vienna dec- problem of the developed or developing the world to halting violence against women, laration, the Beijing platform and our 1996 world. It is not African or Asian or American protecting their rights to free speech, health human rights reports. alone. It is universal. It is our problem; it is and education, and establishing a higher Of course, some governments won’t be dis- every nation’s problem, and so it will remain standard of respect for women’s rights than seminating our reports this week. They’ll be until women take their rightful place along- ever before in history. doing their best to silence them. They may side men, in all strata and at all levels of so- This, in itself, is quite an achievement. succeed in the short term. They may jam the ciety. For violence is a reflection of second- But I don’t think that we will have done our Voice of America. They may censor their class status. job until the standard we set is met—and not newspapers, lock their dissidents in distant And so as I look around me here and see so just in America, but everywhere. And that jails. They may oppose us at the United Na- many examples of what this country can will take a lot of work on the part of all of tions and at the Human Rights Commission. produce when it nurtures its girls as well as us who care about women and human rights. They may bluster and rage and obfuscate. boys, I can’t help but feel pride that we For we all know how easy it is for some na- But time is no longer on their side. Eventu- women have begun to force history to march tions to agree to international standards one ally, with modern telecommunications the forward. But time has caught us in mid-step. moment then forget them entirely the next. truth will find its way to even the most re- Our work, the work of everybody here So will it be with the Beijing platform if you mote outpost of injustice. They are going to today—men and women—is but half-done. and I relax or focus too narrowly on our- find it impossible to kill ideas which just And yet I cannot think of a more exciting selves. won’t die, ideas like freedom, justice and time to be alive. There is so much to do and It is the special fate of America to be the equality. so many talented people like you to do it. particular champion of human liberty. It is We only have to look at Bosnia or Bagh- Women, not just here in America, but every- not always an easy burden to live with. dad, to Cuba or Chechnya or the desperate where, are on the move, brushing aside the Whether we like it or not, the hopes of mil- refugee camps in Sudan, Tanzania and Zaire obstacles, defending our interests, our fami- lions and millions of people across the world to see how far we have to go. For if women’s lies and our values. Women’s rights are rest on our shoulders. And we know why: rights are human rights and human rights human rights. When the rest of the world has proven itself are universal—and all the nations of the It’s been a long time in coming, but I can incapable of unwilling to lead, the United world have agreed they are—there must feel the sweep of history now. It’s in this States has accepted the challenge. come a time when the respect for these room and in this country. And it won’t stop It took two generations of sacrifice to win rights becomes universal, too. There must here. One day the pulse of freedom and the cold war and bring the blessings of lib- come a time when words become deeds, not human dignity will beat in every woman’s erty and freedom to a hundred million peo- just in America, but in every hut and every heart, not just in America, and not just on ple. And now, in Bosnia, in Haiti and in the home in every land. International Women’s Day, but in every vil- Middle East, the eyes of the victims are Yes, I think that time will come. It may lage and in every nation of the world every turned to Washington again. There are jobs not be in my lifetime, but it will come. day of the year. It may not happen soon, but which only we can do. Not that we can do There will be a time when the women of the I know that with all of us working together, them all, or that we can always do them by world won’t need to petition the powerful for its time is sure to come. Tuesday, March 12, 1996 Daily Digest

HIGHLIGHTS House Committees ordered reported 13 sundry measures. Senate (2) By 84 yeas to 16 nays (Vote No. 27), Specter/ Chamber Action Harkin Amendment No. 3473 (to Amendment No. Routine Proceedings, pages S1789–S1904 3467), to revise provisions with respect to the De- Measures Introduced: Six bills and two resolutions partments of Labor, Health and Human Services, and were introduced, as follows: S. 1604–1609, and S. Education. Pages S1811±15, S1816±17 Con. Res. 44–45. Page S1855 Subsequently, the amendment was modified. Page S1851 Measures Reported: Reports were made as follows: (3) Gregg (for Lautenberg/Hollings) Amendment Special Report entitled ‘‘Revised Allocation to No. 3476 (to Amendment No. 3466), to provide Subcommittees of Budget Totals from the Concur- funds necessary to enhance efforts in the United rent Resolution for Fiscal Year 1996’’. (S. Rept. No. States to combat Middle Eastern terrorism. 104–240) Page S1854 Page S1833 Measures Passed: (4) Gregg (for Reid) Amendment No. 3477 (to Use of Capitol Rotunda: Senate agreed to S. Con. Amendment No. 3466), to protect and promote the Res. 45, authorizing the use of the Capitol Rotunda public safety and health and activities affecting on May 2, 1996, for the presentation of the Congres- interstate commerce by establishing Federal criminal sional Gold Medal to Reverend and Mrs. Billy Gra- penalties for the performance of female genital muti- lation. Pages S1833±37 ham. Pages S1870, S1900 Rejected: Agricultural Market Transition Act: Senate By 47 yeas to 52 nays (Vote No. 28), Hollings passed H.R. 2854, to modify the operation of certain Amendment No. 3474 (to Amendment No. 3466), agricultural programs after striking all after the en- to restore funding for certain technology initiatives. acting clause and inserting in lieu thereof the text Pages S1818±24, S1828±32 of S. 1541, Senate companion measure, as passed by Pending: the Senate. Pages S1889±99 Hatfield Modified Amendment No. 3466, in the Senate insisted on its amendment, requested a nature of a substitute. Page S1792 conference with the House thereon, and the Chair Reid Amendment No. 3478 (to Amendment No. appointed the following conferees: Senators Lugar, 3466), to restore funding for and ensure the protec- Dole, Helms, Cochran, McConnell, Craig, Leahy, tion of endangered species of fish and wildlife. Page S1899 Pryor, Heflin, Harkin, and Conrad. Pages S1837±46 Continuing Appropriations: Senate continued con- Hutchison/Kempthorne Amendment No. 3479 (to sideration of H.R. 3019, making appropriations for Amendment No. 3478), to reduce funding for en- fiscal year 1996 to make a further downpayment to- dangered species listings. Page S1846 ward a balanced budget, taking action on amend- Withdrawn: ments proposed thereto, as follows: Gregg Amendment No. 3475 (to Amendment Pages S1792±S1808, S1810±15 No. 3474), to strike chapter 3, providing for emer- Adopted: gency spending. Pages S1824±28 (1) Daschle (for Harkin) Amendment No. 3467 A unanimous-consent time agreement was reached (to Amendment No. 3466), to restore $3.1 billion providing for further consideration of certain of the funding for education programs to the fiscal year pending amendments on Wednesday, March 13, 1995 levels. Pages S1792±S1808, S1817 1996, with votes to occur thereon. Page S1846 D177 D178 CONGRESSIONAL RECORD — DAILY DIGEST March 12, 1996 Senate will continue consideration of the bill and Record Votes: Four record votes were taken today. amendments pending thereto, on Wednesday, March (Total–28) Pages S1808, S1817, S1832 13, 1996. Adjournment: Senate convened at 9:30 a.m., and D.C. Appropriations Conference Report—Clo- adjourned at 9:32 p.m., until 9:15 a.m., on Wednes- ture Vote: By 56 yeas to 44 nays (Vote No. 25), day, March 13, 1996. (For Senate’s program, see the three-fifths of those Senators duly chosen and sworn remarks of the Acting Majority Leader in today’s not having voted in the affirmative, Senate failed to Record on page S1904.) agree to close further debate on the conference report on H.R. 2546, making appropriations for the gov- Committee Meetings ernment of the District of Columbia and other ac- tivities chargeable in whole or in part against the (Committees not listed did not meet) revenues of said District for the fiscal year ending INTERNATIONAL CRIME September 30, 1996. Page S1808 Committee on Appropriations: Subcommittee on Foreign Whitewater Investigation—Cloture Vote: By 53 Operations concluded hearings to assess the costs as- yeas to 47 nays (Vote No. 26), three-fifths of those sociated with law enforcement training initiatives to Senators duly chosen and sworn not having voted in combat international crime, terrorism, and narcotics, the affirmative, Senate failed to agree to close further after receiving testimony from Louis J. Freeh, Direc- debate on the motion to proceed to the consideration tor, Federal Bureau of Investigation, Department of of S. Res. 227, to authorize the use of additional Justice. funds for salaries and expenses of the Special Com- mittee to Investigate Whitewater Development Cor- NOMINATIONS poration and Related Matters. Page S1808 Committee on Armed Services: Committee ordered favor- A third motion was entered to close further de- ably reported the nominations of Maj. Gen. Richard bate on the motion to proceed and, by unanimous- C. Bethurem, USAF, to the grade of lieutenant gen- consent, a vote on the motion will occur on Thurs- eral, Lt. Gen. Michael E. Ryan, USAF, to the grade day, March 14, 1996. Page S1900 of general, Gen. Richard E. Hawley, USAF, to the A vote on a second cloture motion will occur on grade of general, Alvin L. Alm, of Virginia, to be Wednesday, March 13, 1996. Assistant Secretary of Energy for Environmental Housing Opportunity Program Extension Act: Management, and 131 routine military nominations Senate concurred in the amendment of the House to in the Army, Navy, and Air Force. S. 1494, to provide an extension for fiscal year 1996 AUTHORIZATION—DEFENSE for certain programs administered by the Secretary of Committee on Armed Services: Committee resumed hear- Housing and Urban Development and the Secretary ings on proposed legislation authorizing funds for of Agriculture, clearing the measure for the Presi- fiscal year 1997 for the Department of Defense, and dent. Pages S1900±03 the future years defense plan, receiving testimony Nominations Confirmed: Senate confirmed the fol- from John H. Dalton, Secretary of the Navy; Adm. lowing nominations: Jeremy M. Boorda, USN, Chief of Naval Operations; Thomas A. Fink, of Alaska, to be a Member of and Gen. Charles C. Krulak, Commandant of the the Federal Retirement Thrift Investment Board for Marine Corps. a term expiring October 11, 1999. Hearings continue tomorrow. Pages S1900, S1904 WELFARE FOR IMMIGRANTS Nominations Received: Senate received the follow- Committee on the Budget: Committee concluded hear- ing nominations: ings to examine Federal welfare benefits for immi- David H. Shinn, of Washington, to be Ambas- grants, focusing on the public charge exclusion in sador to Ethiopia. Page S1853 immigration law and the enforcement of a sponsor’s Communications: Pages S1853±54 support affidavits, after receiving testimony from Executive Reports of Committees: Pages S1854±55 David A. Martin, General Counsel, Immigration and Naturalization Service, Department of Justice; Vir- Statements on Introduced Bills: Pages S1855±69 ginia State Delegate Karen Darner, Arlington, on Additional Cosponsors: Pages S1869±70 behalf of the National Conference of State Legisla- Amendments Submitted: Pages S1870±84 tures; George J. Borjas, Harvard University, Cam- bridge, Massachusetts; and Mark Tajima, Los Ange- Authority for Committees: Page S1884 les County Chief Administrative Office, Los Angeles, Additional Statements: Pages S1884±89 California. March 12, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D179

ANGOLA Assistant Secretary of Defense for Nuclear and Committee on Foreign Relations: Subcommittee on Afri- Chemical and Biological Defense Programs; Mayor can Affairs concluded hearings to examine prospects George N. Ahmaogak, Sr., North Slope Borough, for peace and democracy in Angola, after receiving Alaska; Phillip Muller and Tony de Brum, both rep- testimony from J. Brian Atwood, Administrator, resenting the Government of the Republic of the Agency for International Development; George E. Marshall Islands; E. Cooper Brown, Task Force on Moose, Assistant Secretary of State for African Af- Radiation and Human Rights, Washington, D.C.; fairs; Paul Hare, U.S. Special Representative to the Gwendon Plair, Concerned Relatives of Cancer Study Angolan Peace Process; Gerald J. Bender, University Patients, Cincinnati, Ohio; and James Nageak, of Southern California, Culver City; R. Bruce Wainwright, Alaska. McColm, Institute for Democratic Strategies, Alex- Hearings were recessed subject to call. andria, Virginia; and Edward DeJarnette, United States-Angola Chamber of Commerce, and Edmond YOUTH VIOLENCE Corthesy, International Committee of the Red Cross, Committee on the Judiciary: Subcommittee on Youth both of Washington, D.C. Violence concluded hearings on proposed legislation HUMAN RADIATION EXPERIMENTS authorizing funds for programs of the Juvenile Jus- Committee on Governmental Affairs: Committee held tice and Delinquency Prevention Act, after receiving hearings to examine human radiation experiment is- testimony from Senator Grassley; Ray Luick, Wis- sues, focusing on initiatives to protect human sub- consin Office of Justice Assistance, Madison; Wil- jects in research, receiving testimony from Sarah F. liam R. Woodward, Colorado Department of Public Jaggar, Director, Health Financing and Public Safety, Denver; S. Camille Anthony, Utah Commis- Health Issues, Health, Education, and Human Serv- sion on Criminal and Juvenile Justice, Salt Lake ices Division, and Bernice Steinhardt, Associate Di- City; Jerry Regier, Oklahoma Department of Juve- rector, Energy, Resources, and Science, Resources, nile Justice, Oklahoma City; Patricia West, Virginia Community, and Economic Development Division, Department of Youth and Family Services, Rich- both of the General Accounting Office; Gary B. mond; Robert G. Schwartz, Pennsylvania State Advi- Ellis, Director, Office for Protection from Research sory Group on Juvenile Justice, Philadelphia, on be- Risks, National Institutes of Health, Department of half of the American Bar Association; Steve A. Car- Health and Human Services; Tara O’Toole, Assistant son, LaFollette Police Department, LaFollette, Ten- Secretary of Energy for Environment, Safety and nessee; and Byron F. Oedekoven, Gillette Police De- Health; Gordon K. Soper, Principal Deputy to the partment, Gillette, Wyoming. h House of Representatives Recess: House recessed at 1:01 p.m. and reconvened Chamber Action at 2 p.m. Page H2038 Bills Introduced: 14 public bills, H.R. 3060–3073; Corrections Calendar: On the call of the Correc- and 3 resolutions, H. Con. Res. 151, and H. Res. tions Calendar, the House passed H.R. 2685, to re- 378–379 were introduced. Pages H2122±23 peal the Medicare and Medicaid Coverage Data Reports Filed: Reports were filed as follows: Bank. Pages H2041±48 H.R. 2972, to authorize appropriations for the Se- Presidential Messages: Read the following mes- curities and Exchange Commission, and to reduce sages from the President: the fees collected under the Federal securities laws, Extension of Iran emergency: Message wherein he ad- amended (H. Rept. 104–479); and vises he has sent to the Federal Register a notice ex- H. Res. 380, providing for the consideration of tending the national emergency with respect to Iran H.R. 2703, to combat terrorism (H. Rept. beyond March 16, 1996—referred to the Committee 104–480). Page H2122 on International Relations and ordered printed (H. Speaker Pro Tempore: Read a letter from the Doc. 104–184); and Page H2048 Speaker wherein he designates Representative Kolbe Report on Iran emergency: Message wherein he trans- to act as Speaker pro tempore for today. Page H2035 mits his report on developments regarding the na- tional emergency with respect to Iran—referred to D180 CONGRESSIONAL RECORD — DAILY DIGEST March 12, 1996 the Committee on International Relations and or- dered printed (H. Doc. 104–185). Pages H2048±49 Committee Meetings Suspensions: House voted to suspend the rules and AGRICULTURE, RURAL DEVELOPMENT, FDA, AND RELATED AGENCIES pass the following measures: APPROPRIATIONS SEC reauthorization: H.R. 2972, amended, to au- thorize appropriations for the Securities and Ex- Committee on Appropriations: Subcommittee on Agri- change Commission, and to reduce the fees collected culture, Rural Development, FDA, and Related under the Federal securities laws; Pages H2050±53 Agencies held appropriation hearing on Food and FAA revitalization: H.R. 2276, amended, to estab- Drug Administration. Testimony was heard from lish the Federal Aviation Administration as an inde- David A. Kessler, M.D. Commissioner, FDA, De- pendent establishment in the executive branch; partment of Health and Human Services. Pages H2053±68 LABOR-HHS-EDUCATION Bi-State development: H.J. Res. 78, amended, to APPROPRIATIONS grant the consent of the Congress to certain addi- Committee on Appropriations: Subcommittee on Labor, tional powers conferred upon the Bi-State Develop- Health and Human Services, and Education held a ment Agency by the States of Missouri and Illinois hearing on the following: Corporation for National (passed by a recorded vote of 405 ayes, Roll No. 57); and Community Service; Federal Mediation and Con- Pages H2068±69, H2082±83 ciliation Service; Federal Mine Safety and Health Re- Chattahoochee compact: H.R. 2064, to grant the con- view Commission; National Commission on Librar- sent of Congress to an amendment of the Historic ies; and the National Council on Disability. Testi- Chattahoochee Compact between the States of Ala- mony was heard from Harris Wofford, CEO, Cor- bama and Georgia; and Pages H2069±70, H2083 poration for National and Community Service; May Terrorism attacks in Israel: H. Con. Res. 149, Lu Jordan, Chairperson, Federal Mine Safety and amended, condemning terror attacks in Israel (agreed Health Review Commission; John Calhoun Wells, to by a yea-and-nay vote of 406 yeas, Roll No. 58). Director, Federal Mediation and Conciliation Service; Pages H2070±74, H2083±84 Jeanne Hurley Simon, Chairperson, National Com- mission on Libraries; and Kate Pew Wolters, mem- American Overseas Interests: By a yea-and-nay ber and Chairperson, Committee on Finance, Na- vote of 226 yeas to 172 nays, Roll No. 59, the tional Council on Disability. House agreed to the conference report on H.R. 1561, the American Overseas Interests Act of TRANSPORTATION APPROPRIATIONS 1995—clearing the measure for Senate action. Committee on Appropriations: Subcommittee on Trans- Pages H2084±95 portation held a hearing on the Coast Guard. Testi- H. Res. 375, the rule waiving all points of order mony was heard from Adm. Robert E. Kramek, against the conference report and against its consid- USCG, Commandant, U.S. Coast Guard, Depart- eration, was agreed to earlier by a yea-and-nay vote ment of Transportation. of 226 yeas to 180 nays, Roll No. 56. Pages H2075±82 TREASURY, POSTAL SERVICE, AND Committee Funding: House agreed to H. Res. 377, GENERAL GOVERNMENT APPROPRIATIONS providing amounts for further expenses of the Com- Committee on Appropriations: Subcommittee on Treas- mittee on Standards of Official Conduct in the sec- ury, Postal Service, and General Government held a ond session of the One Hundred Fourth Congress. hearing on developments in financial law enforce- Page H2095 ment. Testimony was heard from the following offi- cials of the Department of the Treasury: Eljay B. Quorum Calls—Votes: Three yea-and-nay votes Bowron, Director, U.S. Secret Service; John W. and one recorded vote developed during the proceed- Magaw, Director, Bureau of Alcohol, Tobacco and ings of the House today and appear on pages Firearms; Charles F. Rinkevich, Director, Federal H2082, H2082–83, H2083–84, and H2094–95. Law Enforcement Training Center; Donald K. Vogel, Adjournment: Met at 12:30 p.m. and adjourned at Assistant Commissioner, Criminal Investigation, 11:39 p.m. IRS; and Stanley E. Morris, Director, Financial Crimes Enforcement Network. MISCELLANEOUS MEASURES; COMMITTEE BUSINESS Committee on House Oversight: Ordered reported the following measures: H. Res. 377, providing amounts March 12, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D181 for further expenses of the Committee on Standards DEFENSE AUTHORIZATION of Office Conduct in the second session of the 104th Committee on National Security: Subcommittee on Mili- Congress; a resolution adopting regulations imple- tary Personnel continued hearings on the fiscal year menting Congressional Accountability Act (House); 1997 national defense authorization request, receiv- a resolution adopting regulations implementing Con- ing a quality-of-life and compensation review. Testi- gressional Accountability Act (other entities); H.R. mony was heard from the following officials of the 3058, to amend the Uniformed and Overseas Citi- Department of Defense: Frederick Pang, Assistant zens Absentee Voting Act to extend the period for Secretary, Force Management Policy; Lt. Gen. Theo- receipt of absentee ballots; and S. Con. Res. 34, to dore G. Stroup, Jr., USA, Deputy Chief of Staff, Per- authorize the printing of ‘‘Vice Presidents of the sonnel, Department of the Army; VAdm. Frank L. United States, 1789–1993.’’ Bowman, USN, Chief of Naval Personnel, Depart- The Committee also approved other pending ment of the Navy; Lt. Gen. George R. Christmas, Committee business. USMC, Deputy Chief of Staff, Manpower and Re- serve Affairs, U.S. Marine Corps; and Lt. Gen. Mi- PLO COMMITMENT COMPLIANCE— chael D. McGinty, USAF, Deputy Chief of Staff, TERRORIST THREAT TO ISRAEL Personnel, Department of the Air Force; John W. Committee on International Relations: Held a hearing on Marsh, Jr., former Secretary of the Army and Chair- PLO Commitment Compliance and the Terrorist man, Task Force on Quality of Life; and Adm. Wil- Threat to Israel. Testimony was heard from Robert liam D. Smith, USN (Ret.), Senior Fellow, Center H. Pelletreau, Assistant Secretary, Near East and for Naval Analysis. South Asian Affairs, Department of State; and public DEFENSE AUTHORIZATION witnesses. Committee on National Security: Subcommittee on Mili- REAUTHORIZING EXPORT ASSISTANCE tary Procurement began hearings on the fiscal year PROGRAMS 1997 national defense authorization request, with emphasis on the Department of Energy budget. Tes- Committee on International Relations: Subcommittee on timony was heard from the following officials of the International Economic Policy and Trade held a Department of Energy: Charles Curtis, Deputy Sec- hearing on exports, growth and jobs and reauthoriz- retary; Victor Reis, Assistant Secretary, Defense Pro- ing Federal Export Assistance programs. Testimony grams; and John Rohlfing, Director, Office of Non- was heard from public witnesses. proliferation and National Security; Harold Smith, Jr., Assistant to the Secretary, Nuclear, Chemical, MISCELLANEOUS MEASURES and Biological Matters, Department of Defense; and Committee on the Judiciary: Ordered reported the fol- the following Directors, National Laboratories: Sig lowing bills: H.R. 2925, Antitrust Health Care Ad- Hecker, Los Alamos; Bruce Tarter, Lawrence Liver- vancement Act of 1996; H.R. 2937, amended, for more; and Paul Robinson, President and Director, the reimbursement of legal expenses and related fees Sandia. incurred by former employees of the White House Travel Office with respect to the termination of their DEFENSE AUTHORIZATION employment in that Office on May 19, 1993; H.R. Committee on National Security: Subcommittee on Mili- 2511, Anticounterfeiting Consumer Protection Act tary Research and Development continued hearings of 1995; H.R. 1861, amended, to make technical in the fiscal year 1997 national defense authorization corrections in the Satellite Home Viewer Act of request, with emphasis on the chemical-biological 1994 and other provisions of title 17, United States defense program and response to urban terrorism. Code; H.R. 1734, amended, National Film Preserva- Testimony was heard from the following officials of tion Act of 1995; H.R. 2977, Administrative Dis- the Department of Defense: Ted Prociv, Deputy As- pute Resolution Act of 1996; H.J. Res. 129, grant- sistant Secretary, Chemical and Biological Matters; ing the consent of Congress to the Vermont-New Maj. Gen. George E. Friel, USA, Commander, U.S. Hampshire Interstate Public Water Supply Compact; Army Chemical and Biological Defense Command; and H.R. 2604, to amend title 28, United States RAdm. Scott A. Frey, USN, Deputy Director, Strat- Code, to authorize the appointment of additional egy and Policy, Joint Staff; and Brig. Gen. Thomas bankruptcy judges. E. Swain, USA, Deputy Assistant Secretary, Missions The Committee also approved the following: pri- and Applications, Office of the Assistant Secretary, vate claims bills; and its Budget Views and Esti- Special Operations/Low Intensity Conflict; G. Clay mates for submission to the Committee on the Hollister, Deputy Associate Director, Response and Budget. Recovery, FEMA; Robert Blitzer, Acting Section D182 CONGRESSIONAL RECORD — DAILY DIGEST March 12, 1996 Chief, Domestic Terrorism, FBI, Department of Fire Horn, Istook, Manzullo, Quinn, Martini, Salmon, and Rescue Services, State of Maryland. Conyers, Frank of Massachusetts, Schumer, Nadler, Watt of North Carolina, Jackson-Lee, Markey, EFFECTIVE DEATH PENALTY AND PUBLIC Hoyer, Traficant, Skaggs, Slaughter, DeLauro, Hast- SAFETY ACT ings of Florida, and Stupak. Committee on Rules: Granted, by voice vote, a modi- OVERSIGHT—RAIL SAFETY fied closed rule on H.R. 2703, the Effective Death Penalty and Public Safety Act of 1996, providing Committee on Transportation and Infrastructure: Sub- one hour of general debate divided equally between committee on Railroads continued oversight hearings the chairman and ranking minority member of the on Rail Safety: Equipment and FRA Regulatory Pro- Committee on the Judiciary. The rule provides for cedures. Testimony was heard from Jolene Molitoris, the consideration of only those amendments printed Administrator, Federal Railroad Administration, De- in the report of the Committee on Rules, which partment of Transportation; James E. Hall, Chair- shall be considered only in the order printed in the man, National Transportation Safety Board; Dennis report, may be offered only by a Member designated Sullivan, Chief Operating Officer, National Railroad in the report, shall be considered as read, shall be Passenger Corporation (AMTRAK); and public wit- debatable for the time specified in the report equally nesses. divided and controlled by the proponent and an op- POVERTY CAUSES—OUT-OF-WEDLOCK ponent, shall not be subject to amendment, and shall BIRTHS not be subject to a demand for a division of the Committee on Ways and Means: Subcommittee on question in the House or in the Committee of the Human Resources held a hearing on the causes of Whole. The rule waives all points of order against poverty, with a focus on out-of-wedlock births. Tes- the amendments printed in the report. The rule al- timony was heard from Representatives Rangel, Tal- lows the Chairman of the Committee of the Whole ent, Hutchinson and Clayton; and public witnesses. to postpone votes during consideration of the bill, and allows the Chairman of the Committee of the NRO FORWARDING FUND Whole to reduce votes to five minutes on a post- Permanent Select Committee on Intelligence: Met in execu- poned question if the vote follows a fifteen minute tive session to hold a hearing on NRO forward fund- vote. The rule provides one motion to recommit, ing. Testimony was heard from departmental wit- with or without instructions. It shall be in order at nesses. any time for the Chairman of the Committee on the f Judiciary or a designee to offer amendments en bloc consisting of amendments not previously disposed of COMMITTEE MEETINGS FOR which are printed in the report of the Committee on WEDNESDAY, MARCH 13, 1996 Rules or germane modifications thereof. The rule (Committee meetings are open unless otherwise indicated) provides that amendments offered en bloc shall be Senate considered as read (except that modifications shall be Committee on Armed Services, Subcommittee on Strategic reported), and shall be debatable for 20 minutes Forces, to hold closed and open hearings on the Depart- equally divided between the chairman and ranking ment of Energy Atomic Energy Defense Programs (Nu- minority member of the Committee on the Judiciary clear Stockpile Stewardship and Management), 9:30 a.m., or their designee. The rule permits the original pro- SR–232A. Subcommittee on Personnel, to hold hearings on pro- ponent of an amendment included in an en bloc posed legislation authorizing funds for fiscal year 1997 amendment to insert a statement in the CONGRES- for the Department of Defense and the future years de- SIONAL RECORD immediately prior to the disposition fense program, focusing on manpower, personnel, and of the amendments en bloc. The rule provides that compensation programs, 10 a.m., SR–222. after passage of H.R. 2703, it shall be in order to Full Committee, to resume hearings on proposed legis- take S. 735 from the Speaker’s table and consider it lation authorizing funds for fiscal year 1997 for the De- partment of Defense and the future years defense plan, 2 in the House. The rule allows for a motion to strike p.m., SR–222. all after the enacting clause of the Senate bill and Committee on Energy and Natural Resources, business insert the text of H.R. 2703 as passed by the House. meeting, to consider pending calendar business, 9:30 Finally, the rule provides that it shall be in order to a.m., SD–366. move that the House insist in its amendment(s) to Committee on Foreign Relations, to resume hearings on S. 735 and request a conference. the Convention on the Prohibition of Development, Pro- duction, Stockpiling and Use of Chemical Weapons and Testimony was heard from Representatives McCol- on Their Destruction, opened for signature and signed by lum, Schiff, Bryant of Tennessee, Barr, Burton of In- the United States at Paris on January 13, 1993 (Treaty diana, Cunningham, Bachus, Bartlett of Maryland, Doc. 103–21), 2 p.m., SD–419. March 12, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D183

Committee on Governmental Affairs, Permanent Sub- a hydroelectric project in the State of Kentucky; and committee on Investigations, to resume hearings to exam- H.R. 1663, Waste Isolation Pilot Land Withdrawal ine global proliferation of weapons of mass destruction, Amendment Act, 10 a.m., 2123 Rayburn. 9:30 a.m., SD–342. Committee on Government Reform and Oversight, Sub- Committee on the Judiciary, business meeting, to resume committee on the Postal Service, oversight hearing on the markup of S. 269 and S. 1394, bills to reform the United U.S. Postal Service, 9:30 a.m., 311 Cannon. States immigration system, 10 a.m., SD–G50. Committee on International Relations, to consider Budget Committee on Rules and Administration, to resume hear- Views and Estimates for submission to the Committee on ings on S. 46, to amend the Federal Election Campaign the Budget; followed by a hearing on Arms Transfers to Act of 1971 to provide for a voluntary system of spend- Jordan, 10 a.m., 2172 Rayburn. ing limits and partial public financing of Senate primary Subcommittee on Asia and the Pacific, to mark up the and general election campaigns, and to limit contribu- following resolutions: H. Res. 345, expressing concern tions by multicandidate political committees, S. 1219 and about the deterioration of human rights in Cambodia; S. 1389, bills to reform the financing of Federal elections, and H. Con. Res. 148, expressing the sense of the Con- and S. 1528, to reform the financing of Senate cam- gress that the United States is committed to the military paigns, 9:30 a.m., SR–301. stability of the Taiwan Straits and United States military Select Committee on Intelligence, to hold closed hearings on forces should defend Taiwan in the event of invasion, intelligence matters, 2 p.m., SH–219. missile attack, or blockade by the People’s Republic of House China, 1:30 p.m., 2200 Rayburn. Committee on Appropriations, Subcommittee on Agri- Subcommittee on International Operations and Human culture, Rural Development, FDA, and Related Agencies, Rights and Subcommittee on Africa, joint hearing on on Inspector General Overview, 1 p.m., 2362A Rayburn. Slavery in Mauritania and Sudan, 2 p.m., 2172 Rayburn. Subcommittee on Interior, on National Endowment for Committee on National Security, to continue hearings on the Arts, 10 a.m., B–308 Rayburn. fiscal year 1997 national defense authorization request, Subcommittee on Labor, Health and Human Services, 9:30 a.m., 2118 Rayburn. and Education, on the National Mediation Board and the Subcommittee on Military Installations and Facilities, Railroad Retirement Board, 10 a.m., and on Armed to begin hearings on the fiscal year 1997 national defense Forces Retirement Home, the Physician Payment Review authorization request, with emphasis on the recapitaliza- Commission and the Prospective Payment Assessment tion and modernization of facilities, 2 p.m., 2212 Ray- Commission, 2 p.m., 2358 Rayburn. burn. Subcommittee on Military Construction, on Navy, 9:30 Committee on Resources, to mark up the following bills: a.m., B–300 Rayburn. H.R. 1823, to amend the Central Utah Project Comple- Subcommittee on National Security, executive, on tion Act to direct the Secretary of the Interior to allow Commander in Chief, U.S. Pacific Command and the for prepayment of repayment contracts between the Unit- Commander in Chief, U.S. Forces Korea, 10 a.m., H–140 ed States and the Central Utah Water Conservancy Dis- Capitol. trict dated December 28, 1965, and November 26, 1985; Subcommittee on Transportation, on Federal Railroad H.R. 2824, Snowbasin Land Exchange Act of 1995; H.R. Administration and AMTRAK, 10 a.m., 2358 Rayburn. 1965, to reauthorize the Coastal Zone Management Act Committee on Banking and Financial Services, hearing on of 1972; H.R. 2160, to authorize appropriations to carry the Risk Assessment of Banks, 10 a.m., 2128 Rayburn. out the Interjurisdictional Fisheries Act of 1966 and the Committee on the Budget, hearing on Generational Ac- Anadromous Fish Conservation Act; H.R. 2107, Visitor counting and Long-term Fiscal Prospects, 10 a.m., 210 Services Improvement and Outdoor Legacy Act of 1995; Cannon. H.R. 1527, to amend the National Forest Ski Area Per- Committee on Commerce, to mark up the following bills: mit Act of 1986 to clarify the authorities and duties of H.R. 2596, to extend energy conservation programs the Secretary of Agriculture in issuing ski area permits on under the Energy Policy and Conservation Act through National Forest System lands and to withdraw lands fiscal year 1999; H.R. 2967, to extend the authorization within ski area permit boundaries from the operation of of the Uranium Mill Tailings Radiation Control Act of the mining and mineral leasing laws; H.R. 1999, to es- 1978; H.R. 2501, to extend the deadline under the Fed- tablish the Augusta Canal National Heritage Area in the eral Power Act applicable to the construction of a hydro- State of Georgia; and H.R. 1975, Federal Oil and Gas electric project in Kentucky; H.R. 2630, to extend the Royalty Simplification and Fairness Act of 1995; and to deadline for commencement of construction of a hydro- consider a motion to go to conference for all bills pre- electric project in the State of Illinois; H.R. 2695, to ex- viously reported, 11 a.m., 1324 Longworth. tend the deadline under the Federal Power Act applicable Committee on Standards of Official Conduct, executive, to to the construction of certain hydroelectric projects in the consider pending business, 2 p.m., HT–2M Capitol State of Pennsylvania; H.R. 2773, to extend the deadline Committee on Transportation and Infrastructure, Sub- under the Federal Power Act applicable to the construc- committee on Aviation, to continue hearings on the Air- tion of 2 hydroelectric projects in North Carolina; H.R. port Improvement Program, 9:30 a.m., 2167 Rayburn. 2816, to reinstate the license for, and extend the deadline Committee on Ways and Means, Subcommittee on Trade, under the Federal Power Act applicable to the construc- hearing on implementation of Uruguay Round Agree- tion of, a hydroelectric project in Ohio; H.R. 2869, to ments and World Trade Organization, 10 a.m., 1100 extend the deadline for commencement of construction of Longworth. D184 CONGRESSIONAL RECORD — DAILY DIGEST March 12, 1996

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:15 a.m., Wednesday, March 13 11 a.m., Wednesday, March 13

Senate Chamber House Chamber Program for Wednesday: After the recognition of one Program for Wednesday and the balance of the Senator for a speech and the transaction of any morning week: Consideration of H.R. 2703, Effective Death Pen- business (not to extend beyond 9:30 a.m.), Senate will re- alty and Public Safety Act of 1996 (modified closed rule, sume consideration of H.R. 3019, Continuing Appropria- 1 hour of general debate). tions, 1996. At 2 p.m., Senate will vote on a second cloture motion to close further debate on the motion to proceed to S. Res. 227, Whitewater Investigation Extension, following which Senate will vote on, or in relation to, certain amendments pending to H.R. 3019, Continuing Appro- priations, 1996.

Extensions of Remarks, as inserted in this issue

HOUSE McDade, Joseph M., Pa., E324 Schumer, Charles E., N.Y., E323 Meek, Carrie P., Fla., E324, E325 Stark, Fortney Pete, Calif., E323 Furse, Elizabeth, Ore., E324 Ros-Lehtinen, Ileana, Fla., E323 Torres, Esteban Edward, Calif., E325 Gutierrez, Luis V., Ill., E326 Schaefer, Dan, Colo., E323 Watts, J.C., Jr., Okla., E325 Hayworth, J.D., Ariz., E323 Schroeder, Patricia, Colo., E326

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