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 26, 1996 No. 43 House of Representatives

The House met at 12:30 p.m. and was RECOGNIZING HISTORICAL done, and have not done anything ex- called to order by the Speaker pro tem- ACCOMPLISHMENTS OF WOMEN cept waiting for people to win the bat- pore [Mr. UPTON]. Mrs. SCHROEDER. Mr. Speaker, I tles for them. f am continuing to talk a bit about Some of the exciting things that DESIGNATION OF SPEAKER PRO women in history since this is Women’s have happened while I am in office that TEMPORE History Month. have gone on to try to correct that image has been the Women in the Mili- The SPEAKER pro tempore laid be- One of the things I have been doing this month as I talked to people is I tary Memorial that many, many fore the House the following commu- women have come forward to put out nication from the Speaker: carry around a little shoe. It is no big- ger than that, and it is a shoe that there, and whether you look at the WASHINGTON, DC, someone gave to me that they bought Revolutionary War, which had women March 26, 1996. serving in it, Molly Corbit being one I hereby designate the Honorable FRED in an antique store in China that was that is buried at West Point and was UPTON to act as Speaker pro tempore on this used to go on a woman’s foot. When day. you think about it, China was one of the first woman to ever have gotten a NEWT GINGRICH, the few countries where you were not full pension just like men did because Speaker of the House of Representatives. even better off being rich if you were George Washington insisted that was f female, and maybe many of you re- the only fair thing, and there were other women who were in the Revolu- MESSAGE FROM THE SENATE member the story of the three swans written about the three Chinese women tionary Army, too, that got the same A message from the Senate by Mr. who kept praying that when they came thing, or whether you go right on Lundregan, one of its clerks, an- back they would not come back as a fe- through all the wars until the current nounced that the Senate had passed male. Bosnian crisis, where we have women without amendment a bill of the House But when you think about the bind- in the field in Bosnia; you see pictures of the following title: ing of the foot, and I have not seen of them coming across the screen today H.R. 2969. An act to eliminate the Board of anyone that could look at that shoe as the First Lady is over there talking Tea Experts by repealing the Tea Importa- to them with the troops. tion Act of 1897. and not shudder to think of the pain of what it felt like to have that foot You know, women have been like the The message also announced that the bound, and then when you think about lioness, I guess, in nature. They are Senate had passed a bill of the follow- the fact that that practice did not stop perfectly willing to protect their coun- ing title, in which the concurrence of until halfway through the century and try, to do whatever it takes, and any the House is requested. there are still women who are older time, whether it was in winning the S. 1459. An act to provide for uniform man- hobbling around that had had this done West, whether it was World War II, agement of livestock grazing on Federal whether it is today in Bosnia, or land, and for other purposes. to them, you realize how far the world whether it was way, way back in the f is behind on dealing with women and women’s issues. Revolutionary War, they did that. MORNING BUSINESS Mr. Speaker, when I talk about the Mr. Speaker, how sad that we do not The SPEAKER pro tempore. Pursu- binding of the foot, I think we bind know their names and we do not know ant to the order of the House of May 12, something in this society, too. We have so many of the stories of their bravery. 1995, the Chair will now recognize bound women’s minds. Women’s minds I cannot wait until the Women’s Mili- Members from lists submitted by the have been bound by our not knowing tary Memorial is done because the sto- majority and minority leaders for our real history, not knowing what ries they are collecting are unbeliev- morning hour debates. The Chair will really we contributed to this country, able. They kind of fell off the table alternate recognition between the par- and therefore I think we have made when the history books were written, ties, with each party limited to not to women feel that they have no right to stories of nurses that were downed in exceed 30 minutes, and each Member ask for anything or to ask to be treat- World War II in Albania and how long except the majority and minority lead- ed equally in this country because the it took them to walk to the coast in ers limited to not to exceed 5 minutes. image is they did not do anything, why the middle of winter to finally get out, The Chair recognizes the gentle- should they get anything? They came I mean, very brave things that would woman from Colorado [Mrs. SCHROE- over here on cruise ships, sat around make great movies, and let us hope DER] for 5 minutes. eating bonbons, getting their hair some day we do make movies about

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.

H2843 H2844 CONGRESSIONAL RECORD — HOUSE March 26, 1996 women in some role other than what SON, H.R. 580, which is a bill to allow DOD’s managed health care program, we usually see them in. the reimbursement to the Department TRICARE, is implemented throughout But we are not going to see movies of Defense by the Department of the country, many military retirees about women in history in those roles Health and Human Services for care within many of my colleagues’ dis- until we recognize that women played rendered to Medicare eligible retirees tricts will be affected, so I urge my col- those roles in history, and I think that and their families in military treat- leagues to support this bill and to be- is why this month is so critical. ment facilities. This is better known as come cosponsors. So I hope more and more school- Medicare subvention. f children and more people everywhere Over the course of the past year, H.R. dig into history, find the real story and 580 has received broad, bipartisan sup- GENETIC DISCOVERIES AND OUR let us get it out. That is never to di- port and currently has 248 cosponsors. HEALTH PRIVACY minish what men did. Of course, men But despite the overwhelming support The SPEAKER pro tempore. Under did wonderful, wonderful things in help for this bill it does not look likely to the Speaker’s announced policy of May building this Republic, but to tell only be able to move it out of the Ways and 12, 1995, the gentleman from Florida half the story is really not fair. Means Committee or the Commerce [Mr. STEARNS] is recognized during So we have had his story, and this is Committee. If this bill did not make it morning business for 5 minutes. the month to do her story, and I hope to the floor, the cost of $1–2 billion Mr. STEARNS. Mr. Speaker, should we get more people actively involved in that CBO has attached to this bill will an insurance company be able to deny looking at that and realizing the value hurt its chances of passage in the children medical coverage because of it. House and the Senate. their mother died of an inherited heart When we tried too hard to get this As many of my colleagues who have defect that her children may or may front and center in 1976 during the Bi- cosponsored this bill realize, H.R. 580 not carry? That is the dilemma facing centennial, even one of my own news- shouldn’t increase cost to the Federal a California father who cannot get fam- papers would attack me for wasting the Government at all. In fact, it may even ily medical coverage under his group House’s time for talking about brave save money. It would allow the same plan as a result of his wife’s death. And American foremothers and what they military retirees with the same health that is a dilemma crying out for con- have contributed. In fact, they even at- problems to use the same doctors, so it gressional intervention. tacked me on the very front page. I should cost no more to the Federal Scientific knowledge of the secrets hope we now have much more sense Treasury regardless of whether DOD or hidden deep inside our genes is advanc- about that and that we could move for- Medicare pays the bill. But, because it ing at an unbelievable rate. It seems ward and get the record set straight. is a shift from discretionary spending that we learn of a new genetic discov- f to entitlement spending, the budget ery on a weekly basis. But, as research- numbers reflect an increase in spend- ers find the genetic mutations that KEEP HEALTH CARE PROMISES TO ing. cause specific diseases or that appear VETERANS Mr. Speaker, the bill I introduced on to cause a genetic predisposition to The SPEAKER pro tempore. Under Thursday, March 21, 1996, takes care of specific diseases, a host of ethical, the Speaker’s announced policy of May this problem. This bill will create a legal, and social complications arise 12, 1995, the gentleman from Colorado demonstration project of Medicare sub- that will take our greatest efforts to [Mr. HEFLEY] is recognized during vention to DOD to prove the budget resolve. morning business for 5 minutes. neutral stance I, and the 248 cospon- The human genome project is a 15- Mr. HEFLEY. Mr. Speaker, today I sors, have taken on H.R. 580. This new year, multinational research effort to rise to announce the introduction of bill, H.R. 3142 attempts to correct the read and understand the chemical for- H.R. 3142, a bill known as the Uniform shortcoming of H.R. 580 while at the mula that creates each of the 80,000 to Services Medicare Subvention Dem- same time building upon its strengths. 100,000 human genes. If spelled out onstration Project Act. This bill is in- This bill should solve the problem we using the first 4 letters of the 4 chemi- tended to be a companion to Senator have had in the past with the large cals that make up DNA, that formula PHIL GRAMM’S bill, S. 1487. CBO pricetag by requiring that DOD would fill one-thousand 1,000 page tele- Mr. Speaker, when we ask men and maintains the current level of support phone books, representing 3 billion bits women to serve in our Nation’s Armed that it is currently providing military of information. Often, just a single let- Forces, we make them certain prom- retirees, and having Medicare pick up ter out of place is enough to cause dis- ises. One of the most important is the coverage of additional Medicare-eligi- ease. promise that, upon the retirement of ble military retirees once DOD has We cannot read this entire genetic those who serve 20 years or more, a reached its obligated level. script yet, but advances in science indi- grateful Nation will make health care This demonstration will not increase cate that we will be able to soon. In available to them for the rest of their cost to the taxpayer because it will en- fact, although the project is scheduled lives. Unfortunately, for many 65-and- sure that DOD cannot shift costs to for completion in 2005, at its current over military retirees, this promise is HCFA, and that the total Medicare pace, many experts believe it will be being broken. cost to HCFA will not increase. In fact, done before then. That means that we When the military’s Civilian Health this too should actually save money. need to begin making some very dif- and Medical Program of the United The Retired Officers Association, in a ficult public-policy decisions, now, be- States [CHAMPUS] was established in letter of December 15, 1995, reports fore those decisions are made by self- 1966, just 1 year after Medicare, 65-and- that: interested parties. over military retirees were excluded Using 1995 as a baseline, the eligible Medi- Senators MACK and HATFIELD intro- from CHAMPUS because it was felt care population will grow by 1.6 million duced legislation in the Senate on this they could receive care on a space- beneficiaries by 2000. This will increase issue and I have submitted the compan- available basis from local military hos- Medicare’s cost by $7.7 billion if new bene- ion bill, H.R. 2690, the Genetic Privacy pitals and they would not require ficiaries rely on Medicare as their sole and Nondiscrimination Act, in the health care services from the private source of care. But, with subvention and House. This measure will establish DOD’s 7 percent discount to the Health Care medical community. For many years, Financing Administration (HCFA), the ag- guidelines concerning the disclosure there were few problems and plenty of gregate cost increase can be reduced by $361 and use of genetic information and pro- available space, but as military bases million over that same time frame. Because tect the health privacy of the Amer- and their hospitals have closed, more health care will be managed, further savings ican people. Genetic information must and more retirees are finding it in- could be realized which could be passed on by not be used—misused—to deny access creasingly difficult to receive the care DOD to Medicare through reduced discounts. to health insurance. they were promised. Mr. Speaker, this new legislation This bill will not only safeguard Mr. Speaker, on January 19, 1995, I makes a good attempt to solve the health privacy and help preserve insur- introduced, along with Congressmen problems brought on by the CBO cost ance coverage, it will also remove po- GEREN, BARTON, CONDIT, and SAM JOHN- estimate of Medicare subvention. As tential barriers to genetic testing. March 26, 1996 CONGRESSIONAL RECORD — HOUSE H2845 Eliminating the concern about repris- technology, a genetic underclass is appropriation bills where Congress has als by insurance companies will facili- being created by employers and insur- control of the spending. In other words, tate more effective use of genetic tests ers who use genetic tests to deny cov- if there is no bill passed by Congress, as they are developed and, therefore, erage or jobs. or if it is not signed by the President, promote cures and treatments. This f then that reduced spending or no will sustain the global leadership of the spending is what is going to happen. THE 78TH INCREASE IN NATIONAL biomedical research industry in the Where the President has power is in DEBT CEILING United States. the blue part of this pie chart that rep- However, if you can lose your health The SPEAKER pro tempore. Under resents the welfare program spending insurance because your genes show the Speaker’s announced policy of May and the other entitlement spending of that some day you might require that 12, 1995, the gentleman from Michigan this country. That represents now 50 insurance, clinical trials will become [Mr. SMITH] is recognized during morn- percent of total Federal Government impossible to conduct and new treat- ing business for 5 minutes. spending. So that there were some of ments and cures may not be developed. Mr. SMITH of Michigan. Mr. Speak- us that thought it was reasonable to Consequently, it is important to have er, day after tomorrow, on Thursday, tie changes in the entitlement spend- this protection, which will ultimately this Congress is expected to pass its ing that is going to help us achieve a lead to improved health care for all 78th increase in the debt ceiling of this balanced budget, to tie that to yet an- Americans. country. Seventy-seven times, so far, other increase in the debt ceiling. Congress is moving rapidly now on we have increased the debt ceiling That now is not the plan in the bill legislation to reform the American since the 1940’s. We are now at $4.9 tril- that is going to be put before this body health insurance system. It is likely lion of debt. A lot of people in this day after tomorrow, and I would sug- that a bill could pass the House this country, Mr. Speaker, do not really gest to you, Mr. Speaker, and through month and the Senate next month. A think that they are responsible for this you to the American people, that we conference agreement between the excessive debt. What has happened in cannot balance the budget just by re- House and Senate could put the bill on the last 40 years is Congress has lost ducing the expenditures in the 12 ap- the President’s desk well before this control of spending. propriation bills where Congress now Congress adjourns. The House bill is Under section 1 of the Constitution, has full control. It just cannot be done. H.R. 3070, the Health Coverage Avail- Congress is responsible for the purse I have studied this over the past sev- ability and Affordability Act of 1996. strings. Congress is also responsible for eral years. You cannot reduce that ex- Sponsored by Congressman MICHAEL how deep this country goes in debt. We penditure below about $200 billion this BILIRAKIS, this measure is a well- have not only lost control of spending, next year. It cannot possibly be done thought-out piece of legislation, and I but we have also lost control of how and still have a viable operation and am proud to be a cosponsor. deep we go in debt, because in the last system within this country. The bill prohibits denying insurance 7 months we have seen Secretary Rubin That means that, if we are going to coverage to an employee or beneficiary and the President of the United States balance the budget, we have got to on the basis of health status, which is find a new way to drive us deeper in move into the welfare changes in the defined as an individual’s ‘‘medical debt without the consent of Congress. welfare program and entitlement pro- condition, claims experience, receipt of That way, of course, was raiding the grams. They are called entitlement health care, medical history, evidence trust funds that we have in this coun- programs, Mr. Speaker, because if you of insurability, or disability.’’ Fortu- try. are at a certain level of poverty, you nately, I was able to add two simple Day after tomorrow, we are consider- are eligible for food stamps. If you are words to this list under health status— ing tying yet another diminishing of a certain level of income and you have ‘‘genetic information.’’ As medical congressional power and tying that to children, you are eligible for AFDC. If science discovers what secrets our the debt ceiling increase. That is the you are a certain age, you are entitled genes carry, the potential misuse of Presidential line-item veto, and I just to other taxpayer helps in paying your that information, whether through in- want to mention that before I talk medical costs. There is no money ap- surance or some other venue, becomes about this chart, the Presidential line- propriated. It is in the law. an ever-increasing possibility. item veto. The only way that a majority in Con- It is imperative that the strongest I served under three Governors in the gress can change that law is the con- possible statutory protections exist State of Michigan. In Michigan we sent of the President. I would ask my against applying this information to- have a line-item veto. In every case colleagues, Mr. Speaker, to study the ward genetic discrimination. In the fu- with every Governor, they traded what proposal that we are being asked to ture, these discoveries of genetic infor- they wanted because they had the pass day after tomorrow very carefully. mation could lead to employment dis- power of vetoing out what the legisla- It continues to move us in a direction crimination. That is why we need to ture wanted in particular spending. where we are not going to be able to conduct hearings on my bill and to You know, philosophically, when you balance the budget. pass the rest of this important legisla- have got a liberal Congress and a con- tion. Discoveries of genetic informa- servative President, then a line item f tion could be the civil rights battle of veto might make sense in terms of try- the next century. ing to reduce spending. But actually RECESS These two words make a good piece what is going to happen with a con- of legislation better, and I hope this servative Congress that is trying to get The SPEAKER pro tempore. There language remains in the final health to a balanced budget and reduce spend- being no further requests for morning care bill. It is vital to ensure that all ing and a President that has found it to business, pursuant to clause 12 of rule Americans, like those two little boys his political advantage to continue I, the House will stand in recess until 2 in California, do not have to go with- helping people with taxpayers’ money; p.m. out health insurance because of a mis- in other words, not reducing spending, Accordingly (at 12 o’clock and 53 spelling in a genetic script that they not achieving a balanced budget; is minutes p.m.), the House stood in re- could not control and did not choose. that we end up spending more. We end cess until 2 p.m. Mr. Speaker, I might point out that up giving additional congressional au- f similar efforts have been made in some thority away to the President. 20 States, including Florida, and they Let me note, Mr. Speaker, this pie b have either enacted or are studying chart that represents the roughly $1.6 1400 laws that would limit the use of ge- trillion expenditure of the Federal netic information by insurance compa- Government. If we start with the red AFTER RECESS nies. According to the Council for Re- triangle on this pie chart that rep- The recess having expired, the House sponsible Genetics, a nonprofit group resents about 18 percent of total Fed- was called to order by the Speaker pro that monitors social issues in bio- eral spending, that represents the 12 tempore [Mr. UPTON] at 2 p.m. H2846 CONGRESSIONAL RECORD — HOUSE March 26, 1996 PRAYER ton who refuse to let parents and fami- families. Right now, 25 million Ameri- The Chaplain, Rev. James David lies decide what should be taught in cans are denied health insurance cov- Ford, D.D., offered the following pray- schools. And we will cut wasteful Fed- erage because of a preexisting condi- er: eral spending so we can put more tion. money back in to the pockets of work- Mr. Speaker, we have the best health How can we praise You, our God and ing families. care system in the world—but there is our King, Despite the rhetoric of the liberal, room for improvement. Our plan im- How can we serve You with hands that elite union leaders, I believe the work- proves health care in this country by we bring, ing men and women of the AFL–CIO, making it both accessible and, just as How can we love You with hearts that will continue to reject the old-style important, affordable. I would encour- grow weak, liberal policies of Mr. Sweeney and the age my colleagues to join me in elimi- How can we cherish the gifts that we Clinton administration, and support of nating job-lock by supporting the seek. vision of a stronger, more prosperous Health Coverage Availability and Af- Yes we can praise You, for You lived us America. fordability Act. first, f Yes we can serve You, with faith be im- f mersed, GOVERNMENT AND PRIVATE STUDIES, A LITTLE GOOFY? TRIBUTE TO THE LATE Yes, we can love you, be deeds of good HONORABLE EDMUND S. MUSKIE will, (Mr. TRAFICANT asked and was Yes we can cherish Your peace to ful- given permission to address the House (Mr. LONGLEY asked and was given fill. Amen. for 1 minute and to revise and extend permission to address the House for 1 f his remarks.) minute.) Mr. TRAFICANT. Mr. Speaker, I Mr. LONGLEY. Mr. Speaker, it is my THE JOURNAL thought the Federal Government was a sad duty this afternoon to inform the The SPEAKER pro tempore. The little goofy when they studied bovine House of the passing of Senator Ed- Chair has examined the Journal of the flatulence, but there have been a cou- mund Muskie of Maine this morning at last day’s proceedings and announces ple of private studies that got my at- about 4 a.m. to the House his approval thereof. tention. One was the dynamics of peel- Senator Muskie was 81 years of age, a Pursuant to clause 1, rule I, the Jour- ing adhesive tape. The private study graduate of Bates College and Cornell nal stands approved. found out that it is very difficult to University Law School, a very distin- f peel off tape in just one piece. guished public servant of the citizens The second one was the pigeon dis- of Maine and of the United States. He PLEDGE OF ALLEGIANCE crimination of paintings by Monet and served three terms in the Maine House The SPEAKER pro tempore. Will the Picasso. They determined that, really, of Representatives in 1946 and 1948 and gentleman from Maryland [Mr. pigeons do not discriminate. They may 1950, including a final term as the GILCHREST] come forward and lead the defecate, but no discrimination is in- Democratic floor leader. In 1955, he was House in the Pledge of Allegiance. volved. elected Governor, he served a second Mr. GILCHREST led the Pledge of Then there is the big one: the impact term, and he followed that with a ca- Allegiance as follows: of wet underwear on thermoregulatory reer in the U.S. Senate that began in I pledge allegiance to the Flag of the responses and thermal comfort in cold. 1958. United States of America, and to the Repub- What they determined was if you wear In 1968, he was Democratic candidate lic for which it stands, one nation under God, wet underwear in frigid weather, you for Vice President of the United States indivisible, with liberty and justice for all. freeze your buns off. and built and earned a tremendous na- f If we think this is a waste of money, tional reputation for his decency, his check this out, Congress: The FDA has compassion and his moderation during RANK AND FILE OF AFL–CIO WILL spent $200,000 for tea tasters, $200,000 that difficult time during the end of CONTINUE TO REJECT THE OLD- for a tea-tasting commission. the Vietnam war. He also served as STYLE LIBERAL POLICIES OF Mr. Speaker, beam me up. I yield Secretary of State in the Cabinet of CLINTON ADMINISTRATION AND back the balance of all of this money, President Jimmy Carter from 1980 to LIBERAL UNION BOSSES both private and public. 1981. (Mr. BALLENGER asked and was f While there are many distinctions given permission to address the House that we can discuss, not the least for 1 minute and to revise and extend MAKING HEALTH CARE among them is the Senator’s accom- his remarks.) AFFORDABLE AND ACCESSIBLE plishment in creating a second party, Mr. BALLENGER. Mr. Speaker, I (Mr. BILIRAKIS asked and was given making Maine a two-party State, want to share with my colleagues news permission to address the House for 1 which is in the best interest of all of of the AFL–CIO’s recent convention minute and to revise and extend his re- our citizens, but certainly as his legis- where the highest officials of the AFL– marks.) lative accomplishments on the na- CIO, under newly elected union presi- Mr. BILIRAKIS. Mr. Speaker, last tional level are beyond peer, particu- dent John Sweeney, levied a $35 million Congress I introduced the only health larly in the area of environmental pro- tax increase on the rank and file men reform legislation that truly had bipar- tection. and women of our Nation’s unions. This tisan support. The Rowland-Bilirakis Senator Muskie was the author of $35 million tax is being used to support bill focused on areas where there was many of the first pieces of legislation an orchestrated, and highly political widespread agreement about the need that this body passed back in the early campaign to divide our Nation along for reform. Unfortunately, this legisla- 1960’s dealing with the need to protect class and income lines. tion never made it to the House floor. the quality of our air and our water. Needless to say, Mr. Speaker, the I recently introduced the Health Cov- There are other issues that I could American people, especially the rank erage Availability and Affordability mention, but I think none more impor- and file of our Nation’s labor unions, Act. This bill allows portability, thus tant than the fact that Senator Muskie will not allow Mr. Sweeney and the permitting people to move from job to was a kind and decent man who exer- other liberal union bosses to turn back job without losing their health cov- cised and practiced respect for all of the clock on this Congress’ pledge of erage. his constituents and all those with fundamental change. We will continue The bill eliminates prohibitions on whom he had dealings. His demeanor is our efforts to respond to the people of preexisting conditions so that individ- going to be missed. Certainly his integ- this great country. We will make the uals can change jobs and still have ac- rity and his honesty are universally re- Federal Government smaller, more ef- cess to affordable health care. This spected. ficient and more user friendly. We will simple change will dramatically im- So we mourn his passing and we also fight the bureaucrats here in Washing- prove the lives of millions of American express to his wife, Jane, and his five March 26, 1996 CONGRESSIONAL RECORD — HOUSE H2847 children, Steven, Ellen, Melinda, Mar- SEC. 3. CONDITIONS RELATING TO PHYSICAL dation participate in Special Olympics tha, and Edmund, Jr., our deep and sin- PREPARATIONS. programs worldwide. cere regret at his passing. The Architect of the Capitol may prescribe I want to thank the gentleman from conditions for physical preparations for the f event authorized by section 1. Maryland [Mr. GILCHREST] for bringing the resolution to the floor and for the ON SENATOR EDMUND MUSKIE The SPEAKER pro tempore. Pursu- fine job he and his staff have done with (Mr. MORAN asked and was given ant to the rule, the gentleman from our subcommittee, and I urge support permission to address the House for 1 Maryland [Mr. GILCHREST] and the gen- on this very worthwhile cause. minute.) tleman from Ohio [Mr. TRAFICANT] will Mr. Speaker, I reserve the balance of Mr. MORAN. Mr. Speaker, on behalf each be recognized for 20 minutes. my time. of the Democratic minority, it is ap- The Chair recognizes the gentleman Mr. GILCHREST. Mr. speaker, I yield propriate to take note of a distin- from Maryland [Mr. GILCHREST]. myself such time as I may consume in guished Governor, U.S. Senator, Sec- Mr. GILCHREST. Mr. Speaker, I order to thank the gentleman from retary of State, and Vice Presidential yield myself such time as I may Ohio [Mr. TRAFICANT] and the gentle- candidate. It is on Ed Muskie’s shoul- consume. woman from the District of Columbia ders that much of the intellectual Mr. Speaker, House Concurrent Reso- [Ms. NORTON] for their participation in foundation of our foreign policy rests lution 146 would authorize the Special this worthy event, and for this worthy in terms of the primary of human Olympics torch to be run on the Cap- resolution. rights and the sustainable progress of itol Grounds on May 24, 1996, as part of Mr. TRAFICANT. Mr. Speaker, I economic development throughout the the journey of this torch to the Special want to echo those remarks by the gen- world. It was on Senator Muskie’s Olympics summer games at Gallaudet tleman from Maryland. watch and on his shoulders that these University here in the District of Co- Mr. Speaker, I yield such time as she priorities were defined and promoted. lumbia. may consume to the distinguished gen- It is also appropriate to say that it This is an annual event and one tlewoman from the District of Colum- was on his giant shoulders, that were which this committee has supported bia [Ms. NORTON], who has done an out- so strong with integrity, that many of several times through resolutions au- standing job in our Congress. us lesser public servants have at- thorizing the use of the Capitol Ms. NORTON. Mr. Speaker, I thank tempted to stand. Senator Muskie al- Grounds for this purpose. This year ap- the gentleman for yielding time to me, ways stood tall and made us all proud proximately 3,000 members of 60 local and for his kind remarks. to be public servants, and we deeply and Federal law enforcement agencies Mr. Speaker, I want to thank the mourn his passing. throughout the region will participate chairman of the committee, the gen- f in this 26-mile relay run through the tleman from Maryland, Mr. GILCHREST, city in support of the Special Olym- as well as the ranking member, the ANNOUNCEMENT BY THE SPEAKER pics. gentleman from Ohio, JIM TRAFICANT, PRO TEMPORE This program gives handicapped chil- for their leadership on House Concur- The SPEAKER pro tempore. Pursu- dren and adults the opportunity to par- rent Resolution 146, the Special Olym- ant to the provisions of clause 5 of rule ticipate in sporting events. pics torch relay bill. I, the Chair announces that he will Because of laws prohibiting open This body rarely authorizes the use postpone further proceedings today on flames on Capitol Grounds, and because of the Capitol Grounds for staging spe- each motion to suspend the rules on of safety concerns about activities tak- cial events. The 11th annual torch which a recorded vote or the yeas and ing place thereon, this resolution is relay for the D.C. Special Olympics is a nays are ordered, or on which the vote necessary to permit the relay to occur. worthy exception. This event, orga- is objected to under clause 4 of rule The resolution authorizes the Capitol nized by more than 650 Federal and XV. Police Board to take necessary action local law enforcement agencies in the Such rollcall votes, if postponed, will to insure the safety of the Capitol, and District, is a special part of the open- be taken on Wednesday, March 27, 1996. the Architect of the Capitol may set ing ceremony for the D.C. Special f forth conditions on the participation of Olympics at Gallaudet University. This this event. year I am pleased that Coolidge High AUTHORIZING RUNNING OF 1996 This is a very worthwhile endeavor School in my district is also providing SPECIAL OLYMPICS TORCH and I strongly encourage my colleagues playing fields for some of the events. RELAY THROUGH CAPITOL to support this measure. The law enforcement torch relay GROUNDS Mr. Speaker, I reserve the balance of raises both funds and awareness for Mr. GILCHREST. Mr. Speaker, I my time. D.C. Special Olympics. More than 2,400 move to suspend the rules and agree to Mr. TRAFICANT. Mr. Speaker, I officers follow the lighted torch the concurrent resolution (H. Con. Res. yield myself such time as I may through the District. This outpouring 146) authorizing the 1996 Special Olym- consume. is a fitting tribute to the D.C. Special pics Torch Relay to be run through the Mr. Speaker, I want to thank the Olympics, and to the 2,200 local Special Capitol Grounds. gentleman from Maryland [Mr. Olympians in 17 events. I applaud the The Clerk read as follows: GILCHREST] for the fine job he has done Downtown Jaycees who started the H. CON. RES. 146 with our subcommittee, and I whole- Special Olympics in 1969, Eunice Shriv- Resolved by the House of Representatives (the heartedly support House Concurrent er, the founder, the law enforcement Senate concurring), Resolution 146 to authorize the use of officers who will participate, and espe- SECTION 1. AUTHORIZATION OF RUNNING OF the Capitol Grounds for this special cially, this year’s Special Olympians. SPECIAL OLYMPICS TORCH RELAY event, the Special Olympics Torch Mr. OBERSTAR. Mr. Speaker, I strongly THROUGH CAPITOL GROUNDS. Relay. This relay event is traditionally On May 24, 1996, or on such other date as support this resolution to allow the Special the Speaker of the House of Representatives part of the opening ceremonies for the Olympics Torch Relay to be run through the and the President pro tempore of the Senate Special Olympics, which takes place at Capitol Grounds. The District of Columbia may jointly designate, the 1996 Special Gallaudet University here in the Dis- Special Olympics will be held May 13±23, Olympics Torch Relay may be run through trict. It is a fine annual event. 1996. The Special Olympics torch will be run the Capitol Grounds, as part of the journey The games provide athletic competi- across Capitol Grounds as part of the opening of the Special Olympics torch to the District tive opportunities for over 2,200 Special ceremonies which take place at Gallaudet Uni- of Columbia Special Olympics summer Olympians in 17 respective events. The versity. As in the past, local law enforcement games at Gallaudet University in the Dis- goal of the games is to help bring all trict of Columbia. officials will participate in carrying the torch to mentally handicapped individuals into the opening ceremony. SEC. 2. RESPONSIBILITY OF CAPITOL POLICE BOARD. the large society under conditions The DC Special Olympics provides oppor- The Capitol Police Board shall take such whereby they are accepted and re- tunity for approximately 2,200 local Special actions as may be necessary to carry out sec- spected. Today more than 1 million Olympians in 17 events. Worldwide, over 1 tion 1. children and adults with mental retar- million mentally challenged adults and children H2848 CONGRESSIONAL RECORD — HOUSE March 26, 1996 participate in the Special Olympics program. ducted on the Capitol grounds under section ing a statement. It was a direct attack Through successful experiences and athletic 1. and assault on our law enforcement competition, Special Olympians gain con- (b) ADDITIONAL ARRANGEMENTS.—The Ar- personnel. chitect of the Capitol and the Capitol Police I think it is absolutely fitting and fidence, build a positive self image, and great- Board are authorized to make any such addi- ly enhance their ability to contribute to society. tional arrangements as may be required to proper that we join here and we allow I thank Mr. GILCHREST for introducing House carry out the event. the use of the Capitol Grounds, by an extension of the authority of Congress Concurrent Resolution 146, and I commend The SPEAKER pro tempore. Pursu- that vests that right within us and him and Mr. TRAFICANT for their leadership on ant to the rule, the gentleman from power within us, to our National Law this issue. I wholeheartedly support this reso- Maryland [Mr. GILCHREST] and the gen- Enforcement Officers Memorial Serv- lution and urge its adoption. tleman from Ohio [Mr. TRAFICANT] will ice. I believe that that purpose is most Mr. TRAFICANT. Mr. Speaker, I each be recognized for 20 minutes. again join forces with the gentleman fitting. The Chair recognizes the gentleman I want to thank the gentleman from from Maryland [Mr. GILCHREST] to urge from Maryland [Mr. GILCHREST]. Maryland [Mr. GILCHREST] for the way an ‘‘aye’’ vote, and I yield back the bal- Mr. GILCHREST. Mr. Speaker, I ance of my time. he has dispatched his duties on this bill yield myself such time as I may and others. Mr. GILCHREST. Mr. Speaker, I consume. yield back the balance of my time. Mr. Speaker, with that, I have no fur- Mr. Speaker, House Concurrent Reso- ther speakers, I urge an ‘‘aye’’ vote, The SPEAKER pro tempore. The lution 147 would authorize the use of question is on the motion offered by and I yield back the balance of my the Capitol Grounds for the 15th An- time. the gentleman from Maryland [Mr. nual Peace Officers’ Memorial Service Mr. GILCHREST. Mr. Speaker, I GILCHREST] that the House suspend the to be held on May 15, 1996. This year, as yield myself such time as I may rules and agree to the concurrent reso- in past years, the U.S. Capitol Police consume. lution, House Concurrent Resolution will be the sponsoring law enforcement Mr. Speaker, I also want to thank 146. agency for this event. During the past the gentleman from Ohio [Mr. TRAFI- The question was taken; and (two- year, 155 peace officers have lost their CANT] for his work on this resolution, thirds having voted in favor thereof) lives in the line of duty. This figure in- for his work on the subcommittee. We the rules were suspended and the con- cludes many of the dedicated Federal have a truly bipartisan subcommittee current resolution was agreed to. employees who lost their lives in the that endeavors to do the work of the A motion to reconsider was laid on tragic bombing in Oklahoma City last Nation, no matter how corny that the table. April. might sound. f This year, it is expected that over Mr. Speaker, as I mentioned in my AUTHORIZING USE OF CAPITOL 2,000 friends and family members of opening statement, there will be over GROUNDS FOR 1996 NATIONAL those who lost their lives last year will 15,000 police officers attending this me- PEACE OFFICERS’ MEMORIAL attend this event, and 15,000 peace offi- morial service. It is in dedication to SERVICE cers will also participate. the quiet courage of those law enforce- This is a worthwhile endeavor, and I ment officers that have dedicated their Mr. GILCHREST. Mr. Speaker, I urge my colleagues to support this lives to this great country. In that en- move to suspend the rules and agree to measure. deavor we pass this resolution. the concurrent resolution (H. Con. Res. Mr. Speaker, I reserve the balance of Mr. OBERSTAR. Mr. Speaker, I join Mr. 147) authorizing the use of the Capitol my time. TRAFICANT and Mr. GILCHREST in supporting Grounds for the 15th annual National Mr. TRAFICANT. Mr. Speaker, I use of the Capitol Grounds for the 15th anni- Peace Officers’ Memorial Service. yield myself such time as I may versary of the National Peace Officers' Memo- The Clerk read as follows: consume. rial Service. May 15 is the day designated by H. CON. RES. 147 Mr. Speaker, I urge all to join me in President Kennedy as the day to honor all Resolved by the House of Representatives (the supporting House Concurrent Resolu- men and women who have dedicated and Senate concurring), tion 147 which, as the gentleman from sacrificed their lives in order to protect our SECTION 1. USE OF CAPITOL GROUNDS FOR NA- Maryland [Mr. GILCHREST] has stated, lives. TIONAL PEACE OFFICERS’ MEMO- will authorize the use of the Capitol I commend Mr. TRAFICANT for introducing RIAL SERVICE. Grounds for the National Peace Offi- House Concurrent Resolution 147, and for The National Fraternal Order of Police and cer’s Memorial Service. being a staunch supporter of this program. As its auxiliary shall be permitted to sponsor a public event, the fifteenth annual National On May 15 of this year the Capitol we all know, the Capitol Plaza is used for the Peace Officers’ Memorial Service, on the Police will host law enforcement offi- candlelight memorial service, which is the cul- Capitol grounds on May 15, 1996, or on such cials from around the Nation who will mination of a series of events honoring peace other date as the Speaker of the House of gather here to honor their fallen police officers who have been killed in the line of Representatives and the President pro tem- officers. I would like to take this time duty. The 1996 service will be hosted by the pore of the Senate may jointly designate, in to commend our Capitol Police. Many Capitol Hill Police Department. order to honor the 155 law enforcement offi- times they go unnoticed, and perhaps Tragically, during 1995, 155 law enforce- cers who died in the line of duty during 1995. it is the lack of those headlines we do ment officers were killed while on duty. The SEC. 2. TERMS AND CONDITIONS. not read that are, maybe, the greatest average age of those officers was 37 years (a) IN GENERAL.—The event authorized to testament to our own Capitol Police. I old and they had served the public for 9 years. be conducted on the Capitol grounds under Four of them were women. It is fitting and section 1 shall be free of admission charge to am proud of the Capitol Police’s the public and arranged not to interfere with hosting this event. We should all sup- commendable that we support the efforts of the needs of Congress, under conditions to be port it. the Capitol Police and the 675,000 law en- prescribed by the Architect of the Capitol In addition to the 155 officers killed forcement officials now serving in the United and the Capitol Police Board. in the line of duty in 1995, approxi- States. (b) EXPENSES AND LIABILITIES.—The Na- mately, Mr. Speaker, 65,000 police offi- Mr. Speaker, I strongly support House Con- tional Fraternal Order of Police and its aux- cers are assaulted each year, with over current Resolution 147, and I urge my col- iliary shall assume full responsibility for all 23,000 of our police officers sustaining leagues to join me. expenses and liabilities incident to all activi- injuries of some sort. Mr. GILCHREST. Mr. Speaker, I have ties associated with the event. no further requests for time, and I b SEC. 3. EVENT PREPARATIONS. 1415 yield back the balance of my time. (a) STRUCTURES AND EQUIPMENT.—Subject Everybody is tragically aware, as The SPEAKER pro tempore (Mr. to the approval of the Architect of the Cap- pointed out by the gentleman from UPTON). The question is on the motion itol, the National Fraternal Order of Police Maryland [Mr. GILCHREST], of the un- offered by the gentleman from Mary- and its auxiliary are authorized to erect upon the Capitol grounds such stage, sound fortunate terrorist act in Oklahoma, land [Mr. GILCHREST] that the House amplification devices, and other related but very few people realize that the suspend the rules and agree to the con- structures and equipment, as may be re- target of those terrorists was our law current resolution, House Concurrent quired for the event authorized to be con- enforcement personnel, as well as mak- Resolution 147. March 26, 1996 CONGRESSIONAL RECORD — HOUSE H2849 The question was taken; and (two- serving their country here in the Con- Mr. FARR of California. Mr. Speaker, thirds having voted in favor thereof) gress. Their resolution recognizes the I rise today as one of the six returned the rules were suspended and the con- sacrifice and dedication of Peace Corps Peace Corps volunteers now serving in current resolution was agreed to. volunteers, both in their assigned the House, and I rise in support of A motion to reconsider was laid on countries and here at home after they House Resolution 158, recognizing the the table. return on the occasion of the Corps’s Peace Corps’ 35th anniversary. f 35th anniversary. Let me first take a minute to thank I will note that since the first volun- Chairman GILMAN and the Ranking Mi- THE 35TH ANNIVERSARY OF THE teer stepped off the plane in 1961 at a nority Member HAMILTON for bringing PEACE CORPS little airport in Ghana, over 140,000 this measure to the floor. I also want Mr. BEREUTER. Mr. Speaker, I move Americans have become Peace Corps to thank Mark Geran, who is the Direc- to suspend the rules and pass the joint veterans in the service of peace, under- tor of the Peace Corps, who has been resolution (H.J. Res. 158) to recognize standing and development. Today, instrumental in the continuing success the Peace Corps on the occasion of its Peace Corps volunteers are older, more of the agency, as well as the other re- 35th anniversary and the Americans experienced and specialized but their turned Peace Corps volunteers now who have served as Peace Corps volun- mission is still the same: development serving in this country and serving in teers. and basic American values in the de- this Congress, my colleagues Rep- The Clerk read as follows: veloping world at the grassroots level. resentative TONY HALL of Ohio, Rep- H.J. RES. 158 Mr. Speaker, I yield such time as he resentative TOM PETRI, Representative Whereas the Peace Corps has become a may consume to the gentleman from MIKE WARD, Representative JIM powerful symbol of America’s commitment New York [Mr. GILMAN], the distin- WALSH, and Representative CHRIS to expand hope, create opportunity, and en- guished chairman of the full commit- SHAYS. courage development at the grass roots level tee. President Kennedy created this inter- in the developing world; Mr. GILMAN. I thank the gentleman national service organization 35 years Whereas more than 140,000 Americans have served as Peace Corps volunteers in more for yielding me the time. ago to promote international goodwill. than 125 countries in Africa, Asia and the Mr. Speaker, we all can agree on the During his powerful inaugural address, Pacific, Central Asia, Eastern and Central bipartisan strength of the Peace Corps he challenged Americans with, ‘‘Ask Europe, and the Western Hemisphere since in the 104th Congress. Founded under not what your country can do for you, 1961, and have strengthened the ties of President Kennedy and its first Direc- ask what you can do for your country,’’ friendship and understanding between the tor, Sargent Shriver, the Peace Corps and many of them, including myself at people of the United States and those of grew through the 1960’s and 1970’s but that time, responded to that call and other countries; really came to the crossroads in the joined the Peace Corps in the early Whereas Peace Corps volunteers have made 1980’s. I want to make a special note significant and lasting contributions around 1960’s. The creation of the Peace Corps the world in agriculture, business develop- for the longest serving Peace Corps Di- was part of this vision of his. ment, education, the environment, health, rector, Ms. Loret Ruppe, whose energy, Today, there are currently 7,000 and youth development, and have improved drive, and dedication set the Peace Americans working as Peace Corps vol- the lives of individuals and communities Corps’ goal that we still support today: unteers. The average age in 1961, when around the world; 10,000 volunteers by the year 2000. President Kennedy made his call, was Whereas Peace Corps volunteers, enriched Loret is now struggling with cancer 22 years of age. Today, in 1996, the av- by their experiences overseas, have brought but her mission and her impact on the erage age is 29 years old. Over 500 vol- to their communities throughout the United States a deeper understanding of other cul- Corps is still felt today. As Loret used unteers are over the age of 50. The edu- tures and traditions; to say, ‘‘Peace Corps volunteers are cational experience of volunteers has Whereas Peace Corps volunteers embody working today to help the African grown; more volunteers with graduate and represent many of America’s most en- farmer and her husband * * *.’’ degrees than ever before. during values, such as service, commitment Last month, we debated a highly con- Over 140,000 returned volunteers have to the poor, and friendship among nations; troversial State Department bill on the served in the Peace Corps in more than Whereas the Peace Corps continues to re- House floor. I think that one provision 125 countries, in Africa, Asia, Eastern ceive broad, bipartisan support in Congress of that bill we could all support was and Central Europe. They have also and from the American people; and Whereas March 1, 1996 will mark the 35th the funding levels for the Peace Corps. served in the South Pacific and in anniversary of the founding of the Peace The House conferees and especially Latin America. Corps: Now, therefore, be it former Peace Corps Director, Senator The Peace Corps was formally estab- Resolved by the Senate and House of Rep- PAUL COVERDELL of Georgia, joined to- lished by Executive order on March 1, resentatives of the United States of America in gether to ensure funding for the Peace 1961. Volunteers were sent to Ghana, Congress assembled, That the achievements Corps, even in these tough budgetary Colombia, and Tanzania, and over 850 and contributions of the Peace Corps over times. Under its new Director, Mark volunteers were in the field by the end the past 35 years be celebrated; that the Geran, I think this Congress is expect- of the first year. dedication and sacrifice of Peace Corps vol- Soon volunteers teaching in schools unteers be recognized and their continued ing a lot from the Peace Corps in its contributions be acknowledged not only for next 35 years. were joined by those working in agri- their service in other countries but in their I recommend this resolution to the culture, health and nutrition, forestry, own communities; and that the President is House and urge its support. and fisheries. In the 1980’s, the Peace requested to honor Peace Corps volunteers Mr. MORAN. Mr. Speaker, I yield Corps was refined and developed new and reaffirm our Nation’s commitment to myself such time as I may consume. initiatives in response to the special international peace and understanding. Mr. Speaker, I want to thank the needs of the developing world. The SPEAKER pro tempore. Pursu- gentleman from Nebraska [Mr. BEREU- In Lesotho, in Mali, and Niger, Peace ant to the rule, the gentleman from TER], the subcommittee chairman, and Corps began the Africa Food Systems Nebraska [Mr. BEREUTER] and the gen- the gentleman from New York [Mr. Initiative to assist farmers in need of tleman from Virginia [Mr. MORAN] will GILMAN], the full committee chairman, innovative ways to increase food pro- each be recognized for 20 minutes. for bringing this resolution before the duction. In the Caribbean, the Peace The Chair recognizes the gentleman House. It is actually cosponsored by six Corps has developed initiatives to from Nebraska [Mr. BEREUTER]. Members of the House who are former stimulate job-creating small enter- Mr. BEREUTER. Mr. Speaker, I yield Peace Corps volunteers: MIKE WARD, prises. myself such time as I may consume. JIM WALSH, TONY HALL, CHRIS SHAYS, The Peace Corps has undertaken a Mr. Speaker, House Joint Resolution TOM PETRI, and SAM FARR. lot of new initiatives. The Peace Corps 158 recognizes the Peace Corps and its Mr. Speaker, I yield such time as he has plans to send volunteers to South volunteers on its 35th anniversary may consume to the gentleman from Africa in response to a request for as- year. Mr. FARR and the five other origi- California [Mr. FARR] who has come all sistance from President Nelson nal cosponsors of this resolution are all the way from his district to speak on Mandela. The Peace Corps has also re- former Peace Corps volunteers now this. sumed its presence in Haiti following H2850 CONGRESSIONAL RECORD — HOUSE March 26, 1996 the successful presidential elections. Mr. PORTER. Mr. Speaker, will the what your country can do for you, ask what Currently the Peace Corps is inves- gentleman yield? you can do for your country.'' The Peace tigating the feasibility of sending vol- Mr. FARR of California. I yield to Corps was part of this vision for how Ameri- unteers to the Middle East and to Cam- the gentleman from Illinois. cans could play a positive role in the develop- bodia. Mr. PORTER. Mr. Speaker, I would ing world. In its 35 years, the Peace Corps The agency plans on development of say to the gentleman I have been on has come to represent what is best about our a Crisis corps to respond to natural dis- the Foreign Operations Subcommittee country and our character as a people: our asters in developing countries. The for 14 of the last 16 years, and the ability to forge a spirit of idealism with a com- story about that reached our office Peace Corps is one of the best things monsense approach to what works for people when volunteers were calling about the that we do in foreign relations, without who need and want our help. situation in Rwanda, saying that they any question. Even in the tough budg- My other returned Peace Corps volunteer had been there and served and spoke etary times in which we find ourselves, colleagues and I know the value of volunteer the language and knew the customs we have to maintain that commitment service and the significance of this fine agen- and the culture. They knew the history and increase it if we possibly can, and cy. I had the benefit of serving in the Peace and the politics and they wanted to be make certain that this good program, Corps in Colombia in the early 1960's. That able to go back. We did not have a fa- which after all is people-to-people, not experience has led me to serve my community cility in law to allow that, so we had to government-to-government, people-to- in local, State, and Federal government. ask the State Department to make a people, continues and is strongly sup- Peace Corps taught me the value of service, special process for that, and that is ported by the Congress. responsibility, and commitment. what is now being developed into this Mr. FARR of California. Mr. Speaker, Currently, there are nearly 7,000 Americans Crisis Corps, so that indeed when we do I appreciate the support on both sides working as Peace Corps volunteers. They have people that have the skills that of the aisle. I think this program is one work at the grass-roots level in places far from are needed in countries with disasters, that we can all be proud of, and in a their homes and families. Some volunteers do we can immediately get them there. time when people think that there is not see other Americans for months at a time. The purpose of the Peace Corps’ mis- debate and rancor among the parties in They are completely entrenched in their coun- sion is to promote world peace. Peace Congress, I can tell that this is one tries of service. They speak the language, eat Corps volunteers have made significant area where we all agree that America their food, and share their culture. They put a and lasting contributions around the has created a fantastic opportunity for face on America and its values around the world in agriculture, business develop- its youth, for its people of all ages to world. ment, education, environmental Volunteers serve in many different programs be able to experience overseas living as health, and youth development, and ranging from the traditional education and minorities in another land. they have improved the lives of thou- health programs to promoting new sustainable sands all over the world. The Peace b 1430 programs to benefit agriculture, the environ- Corps has become a powerful symbol of As a return volunteer, I reflect on my ment, and economic development. international humanitarianism. experience every day, and I appreciate Education remains Peace Corps' largest The Peace Corps teaches volunteers the support Congress is giving it. program. Over 40 percent of all volunteers the value of service and the value of Mr. MORAN. Mr. Speaker, I yield teach English, mathematics, science, and commitment. The agency is an exam- myself such time as I may consume. business studies. They work in special edu- ple of America’s commitment to ex- Mr. Speaker, it is amazing that there cation, vocational educations, and nonformal panding hope, to creating opportunity have only been 140,000 volunteers over education activities for adults and at-risk and offering the volunteers an experi- the last 35 years, when you consider youth. In addition to classroom teaching, vol- ence that they will remember for a life- the profound impact that the Peace unteers work closely with local educators to time. Corps has had in the lives of individ- share methodology, integrate relevant content At a time when funding for foreign uals and in fact in the progress of na- and resource centers and teaching materials. assistance programs is under severe tions around the world. But the impact In Cameroon, volunteers have helped develop constraints, it is notable that the has also been felt in terms of the vol- a manual on teaching HIV/AIDS prevention in Peace Corps continues to enjoy strong unteers. We just heard from one. There English-language classes. The manual has support in this Congress and among the are several others in this body. since been adopted for public use by the Min- American people. The fact is that the leaders in gov- istry of Education. The agency is facing a strong future. Teaching and prevention of HIV/AIDS to citi- ernment and in industry in America In Friday’s Washington Post it was zens in high-risk groups has played a major today in many ways share that com- quoted that the Peace Corps is the em- part in the health services provided by volun- mon experience of having been Peace ployer with the most job openings for teers. In Thailand, volunteers have conducted graduates of the class of 1996. In fact, Corps volunteers. I hope that will con- surveys to help the country update its HIV/ the demand for Peace Corps volunteers tinue to be the case, because not only AIDS education materials. Other health serv- overseas far exceeds our ability to sup- do we share our national know-how and ices performed by volunteers include providing ply that demand, and I hope that in goodwill, but we benefit a great deal primary health care services to many of the Congress we will appreciate that as we with that broadened experience. world's women and children including maternal look at its budget next year and realize I just want to say that we in the mi- and child health activities, nutrition, community this is one area that is extremely cost nority, as well as the gentleman from health education, and water and sanitation effective. If we want to get a good bang New York, Chairman GILMAN, ex- projects. for the buck, the Peace Corps is there pressed for the majority, applaud Peace Corps is the leader in protecting the and the countries want us to come. President Clinton’s selection of Mark global environment. The focus of the environ- The annual survey by Black Colle- Gearan to be Director of the Peace mental strategy is on community work, teach- gian magazine stated that the agency Corps. We could not have had a better ing conservation of national resources, and plans to recruit over 3,000 graduates. choice. We appreciate the fact that sustainable resource management. Much of That is the third highest employer in again we have a broad bipartisan sup- the environmental work is in forestry manage- the country. So while the Peace Corps port for this resolution. ment, reforestation, and watershed manage- is promoting international goodwill, it Mr. Speaker, I yield back the balance ment. The fastest growing new project activity is key in benefiting our domestic econ- of my time. is environmental educations. Volunteers in omy as well. Mr. FARR of California. Mr. Speaker, I rise Tanzania, home of the largest wildlife refuge Please join me and my colleagues in today in support of House Joint Resolution are involved in projects ranging from codifying supporting this resolution to recognize 158 recognizing the Peace Corps on its 35th Tanzanian environmental law to ensure pro- the Peace Corps on the occasion of its anniversary. tection of exported birds to preparing a man- 35th anniversary, and the contributions President John Kennedy created this inter- agement plan for Ileje Forestry Reserve and and achievements that its volunteers national service organization 35 years ago to teaching environmental education in the have brought home to America and are promote international goodwill. During his schools. now achieving in countries all over the powerful inaugural speech the young Presi- Food production remains to be a priority for world. dent challenged Americans with, ``Ask not many nations in Africa, Asia, Latin America, March 26, 1996 CONGRESSIONAL RECORD — HOUSE H2851 and the former Soviet Union. Rapidly expand- For me, the Peace Corps represents the ended two decades of civil war and genocide ing populations, changes in climate, and a se- best that this Government has to offer. When in Cambodia, demonstrated the commitment ries of natural and man-made disasters have we bring together dedicated, energetic people of the Cambodian people to democracy and stability, and established a national con- created serious food shortages. With most and arm them with tools to work in foreign stitution guaranteeing fundamental human people in developing nations still practicing communities as ambassadors of peace, things rights; subsistence farming, there is a critical need to happenÐpeople's lives improveÐand we all Whereas since 1991 the international com- introduce and apply sustainable agricultural benefit. Today, nearly 7,000 such dedicated munity has contributed more than techniques to village farmers. In Guatemala, individuals are serving as Peace Corps volun- $3,000,000,000 to peacekeeping and national volunteers are teaching farmers how to in- teers in 94 different countries. They are im- reconstruction in Cambodia and currently crease their family incomes and produce ani- proving the environmental, agricultural, and provides over 40 percent of the budget of the Cambodian Government; mal protein for dietary intake through the inte- business infrastructures in those nations. They Whereas recent events in Cambodia, in- gration of fish and small animal production. are educating the children, caring for the sick, cluding the arrest and exile of former For- The fastest growing program for volunteers and teaching the poorest of the poor how to eign Minister Prince Sirivudh, the expulsion is economic development especially in Eastern help themselves. But, most importantly, these of the former Finance Minister Sam Rainsy Europe. Volunteers promote local economic volunteers are the face of America for people from the government coalition FUNCINPEC development through self-sustaining income across the globe. They are people-to-people Party and the National Assembly, a grenade and employment producing practices. Working diplomats building a peaceful world from the attack against the independent Buddhist with local community leaders, businesses, and ground up. Liberal Democratic Party of Cambodia, and mob attacks against pro-opposition news- trade associations, volunteers teach business But, it's not easy. I know first-hand the chal- papers, suggest that Cambodia is sliding management, commercial banking and related lenges and difficulties that these Peace Corps back into a pattern of violence and repres- skills assisting local efforts to establish free volunteers face. I also know the tremendous sion; market economies. In Poland, a volunteer has rewards. My Peace Corps experience Whereas rampant official corruption in the been instrumental in establishing 46 small changed my life. When I graduated from col- Cambodian Government has emerged as a businesses with no-interest loans from the lege in 1964, I had dreams of playing pro foot- major cause of public dissatisfaction, which local government with only a 6-percent default ball, making big money, and driving fast cars. in turn has resulted in the government rate. Instead, I ended up teaching English and crackdown against these outspoken opposi- tion politicians and the press; The Peace Corps has become a powerful riding a bicycle through the jungles of Thai- Whereas heroin traffic in and through symbol of international humanitarianism. It is a land. Cambodia has become so widespread that goal which hundreds of people strive toward During my first night in Thailand, I sat in a Cambodia has been added to the Department each year. Not just young college graduates, restaurant and watched a cat chase a rat of State’s list of major narcotics trafficking but people of all ages. In fact, 9 percent of across the floor and devour it. I thought, countries; Peace Corps volunteers are over 50 years old. ``What am I doing here.'' But, as I got to know Whereas the desire to cite Cambodia as a The Peace Corps remains a popular calling; the people in the village, my whole outlook success story for United Nations peacekeep- there is not one State in the country which has changed. I came home from Thailand with a ing and international cooperation has stifled not sent a Peace Corps volunteer. In my State the expression of concern about deteriorat- better understanding of the world, with my pri- ing human rights conditions in Cambodia; of California, over 20,000 people have volun- orities in order, and prepared for a life of pub- and teered to serve around the world. lic service. Whereas conditions in Cambodia have dete- The Peace Corps has become a powerful No other institution does what the Peace riorated since the House of Representatives symbol of America's commitment to expand Corps does. It serves the needy of the world passed House Bill 1642 on July 11, 1995, which hope, create opportunity, and encourage de- in concrete, practical ways. It promotes world grants Cambodia unconditional most favored velopment at the grassroots level in the devel- peace. And, every year, it brings 3,000 experi- trading status: Now, therefore, be it oping world. enced, multicultural, and compassionate vol- Resolved, That the House of Representa- Volunteers embody and represent many of tives— unteers back home to America. During its long (1) urges the Secretary of State to make America's most enduring values, such as serv- and distinguished history, the Peace Corps human rights concerns among the primary ice, commitment to the poor, and friendship has enjoyed wide public approval and biparti- objectives in bilateral relations with Cam- among nations. Returned volunteers, enriched san support here in Congress. I certainly hope bodia; by their experiences overseas, have brought that that support continues as the 1997 appro- (2) urges the Secretary of State to closely to their communities throughout the United priation process goes forward. monitor preparations for upcoming Cam- States a deeper understanding of other cul- Today, as it celebrates its 35th anniversary, bodian elections in 1997 and 1998 and attempt tures and traditions. to secure the agreement of the Cambodian the Peace Corps deserves our highest rec- Government to full and unhindered partici- At a time when funding for foreign assist- ognition and I commend all of its past and cur- ance programs is under severe constraints, it pation of international observers for these rent volunteers for 35 years of success. elections; is notable that the Peace Corps continues to Mr. GILMAN. Mr. Speaker, I yield (3) urges the Secretary of State to support enjoy strong support in the Congress and back the balance of my time. the continuation of human rights monitor- among the American people. That is a tribute The SPEAKER pro tempore (Mr. ing in Cambodia by the United Nations, in- to the thousands of AmericansÐyoung and UPTON). The question is on the motion cluding monitoring through the office of the oldÐwho have served over the past 35 years, offered by the gentleman from Ne- United Nations Center for Human Rights in Phnom Penh and monitoring by the Special often under very difficult conditions. And it is braska [Mr. BEREUTER] that the House Representative of the United Nations Sec- a tribute to the visionary but simple idea be- suspend the rules and pass the joint hind the Peace Corps; that the world will be a retary General for Human Rights in Cam- resolution, House Joint Resolution 158. bodia; more peaceful place if we understand one an- The question was taken; and (two- (4) urges the Secretary of State to encour- other better and if we can help those in need thirds having voted in favor thereof) age Cambodia’s other donors and trading improve their own lives and that of their fami- the rules were suspended and the joint partners to raise human rights concerns with lies and communities. resolution was passed. Cambodia; Join me in supporting House Joint Resolu- A motion to reconsider was laid on (5) supports efforts by the United States to tion 158, recognizing and honoring the Peace the table. provide assistance to Cambodia to broaden Corps' achievements and contributions and its democratic civil society, to strengthen the f rule of law and to ensure that future elec- volunteers over the past 35 years. DETERIORATION OF HUMAN tions in Cambodia are free and fair; and Mr. HALL of Ohio. Mr. Speaker, let me (6) urges that the United States raise begin by thanking my colleague from Califor- RIGHTS IN CAMBODIA human rights concerns at the June 1996 nia, Mr. FARR, for his work on this resolution, Mr. GILMAN. Mr. Speaker, I move to meeting of the Donor’s Consultative Meeting and his consistent efforts in the past to recog- suspend the rules and agree to the reso- for Cambodia and during consideration of nize and support the Peace Corps. lution (H. Res. 345), expressing concern projects in Cambodia to be financed by inter- Since 1961, when President John F. Ken- about the deterioration of human national financial institutions. nedy signed an Executive order establishing rights in Cambodia, as amended. The SPEAKER pro tempore. Pursu- the Peace Corps, 140,000 men and women The Clerk read as follows: ant to the rule, the gentleman from have represented America by volunteering in H. RES. 345 New York [Mr. GILMAN] and the gen- 125 countries around the world. I am proud to Whereas the Paris Peace Accords of 1991 tleman from Virginia [Mr. MORAN] will say that I am among that number. and the successful national elections of 1993 each be recognized for 20 minutes. H2852 CONGRESSIONAL RECORD — HOUSE March 26, 1996 The Chair recognizes the gentleman Cambodia is not a police state. It is Few people have experienced as much from New York [Mr. GILMAN]. far more open and free than many of suffering the last 30 years as the people Mr. GILMAN. Mr. Speaker, I yield its neighbors. Unlike many of its of Cambodia. Cambodia was drawn into myself such time as I may consume. neighbors, it has an active opposition the Vietnam war. The country endured Mr. Speaker, it has been 2 years since press that does not hesitate to criticize 3 years of tyrannical rule by the Khmer Cambodia had its first democratic elec- the government and, in many ways, in Rouge [KR], under which more than 1 tion that brought to power the current an inflammatory language that we million Cambodians perished. Cam- coalition government. would be shocked at in this country. bodia was invaded by Vietnam in 1979 Over the past 4 years, the United While it is true that government and then suffered another 12 years of States donated some $700 million to the troops have committed human rights civil war. efforts to help Cambodia rebuild its violations, it is also true that the Cam- Cambodia’s road back from this hor- economy and become a democracy. bodian Government and military have ror began with the October 1991 Paris But some very serious problems re- stepped up their efforts to ensure that Peace Accords, under the auspices of main. these abuses are not repeated. The U.S. the United Nations. These accords led Last year the Cambodian National Government is in fact funding those ef- to remarkably successful national elec- Assembly passed a provision to the forts. tions in May 1993, during which 90 per- press law that will allow the Govern- So I would urge my colleagues not to cent of Cambodia’s eligible voters ment under the vague rubric of na- give up on Cambodia, given that coun- braved threats from Pol Pot and his tional security and political stability try’s tragic history over the past quar- henchmen and voted to install a demo- virtually unfettered power to con- ter century in which we played a sig- cratic parliamentary system of govern- fiscate and close down newspapers and nificant role. We should not be sur- ment. Cambodia’s national unity coali- charge journalists with criminal of- prised if it fails to fully live up to our tion government, which resulted from fenses. ideals on human rights. Progress is these elections, demonstrates the de- The government has requested pros- being made. sire of the Cambodian people for rep- ecution and closure of several Cam- Mr. Speaker, I yield back the balance resentative government and stability. bodian newspapers, as well as the high- of my time. The 1993 elections, however, were Mr. GILMAN. Mr. Speaker, I am ly regarded english language weekly, only the first step toward democracy in pleased to yield such time as he may the Phnom Penh Post. Cambodia. The impediments remain consume to the gentleman from Ne- In addition to these problems, there formidable: the Khmer Rouge contin- braska [Mr. BEREUTER], the distin- are the serious questions surrounding ues to fight a low intensity war against guished chairman of our Subcommittee the unsolved killings of three journal- the Government; the former ruling ists, and the expulsion and threatened on Asia and the Pacific. (Mr. BEREUTER asked and was party—the ex-communist Cambodian expulsion of members of parliament given permission to revise and extend People’s Party—has found it difficult who expressed views critical of the rul- his remarks.) to share power; the royalist party ing coalition. Mr. BEREUTER. Mr. Speaker, I want which won the elections has been One trial ended with the conviction to thank the chairman of the commit- charged with corruption; and, the Gov- of Thun Bun Ly, the editor of Khmer tee for yielding me this time and for ernment seems to be drifting toward Ideal on charges of disinformation for his support. authoritarianism. critical and satirical essays that the Mr. Speaker, this Member introduced Not only are there questions about paper published. House Resolution 345 to put the Cam- the depth and staying-power of the cur- The newspaper has been closed and bodian Government on notice that the rent democratic system in Cambodia, Thun Bun Ly has been fined 10 million House is increasingly concerned about but the Government of Cambodia has riel—$4,000—and sentenced to 2 years of the deterioration of democracy and taken some troubling actions. As a par- imprisonment should he fail to pay in 2 human rights in that country. The res- liamentarian, and Member of Congress, months. olution at the desk includes two minor I am very troubled by what appears to The Congress needs to closely watch technical corrections. the first corrects be an increasing tendency toward in- the situation in Cambodia. The leaders the date of upcoming elections; the tolerance of dissent in the Cambodian of that nation need to permit the de- second notes the fact that Cambodia National Assembly. The expulsion from velopment of an independent judiciary, has been added to the State Depart- the National Assembly of the out- to allow for complete freedom of the ment’s list of narcotics trafficking spoken Sam Rainsy, the arrest and press and independent political partici- countries. exile of former Foreign Minister Prince pation. Mr. Speaker, Cambodia has made tre- Sirivudh, and the threatened expulsion Another important issue is the drug mendous strides toward democracy of other legislators is of particular con- trade. there are many reports coming since the killing fields of Pol Pot and cern. Moreover, the arrest of some out of the region pointing out that the Vietnamese occupation; but serious journalists and the enactment of a re- Cambodia’s army and security appara- problems remain. House Resolution 345, strictive press law raise questions tus is providing transportation and while commending the Cambodian peo- about the Cambodian Government’s protection for the heroin trade. ple for their commitment to democ- commitment to free speech and a free I want to thank the chairman of the racy and stability, expresses serious press. subcommittee, Mr. BEREUTER, and the concern about human rights problems Mr. Speaker, since the House acted ranking minority member, for their in that country. This Member is con- to approve most-favored-nation trading work on House Resolution 345. cerned that the desire by the adminis- status for Cambodia earlier this year, House Resolution 345 expresses im- tration and the international commu- we certainly now need to balance that portant American concerns and I nity to cite Cambodia as a success action with a straightforward message wholeheartedly support its passage. story for U.N. peacekeeping has stifled to Phnom Penh on human rights viola- Mr. Speaker, I reserve the balance of the expression of concern about the de- tions. That is exactly what House Res- my time. terioration of democracy and human olution 345, as amended, does. Mr. MORAN. Mr. Speaker, I yield rights conditions in Cambodia. One positive sign, which could make myself such time as I may consume. On September 21, 1995, the Sub- a long-term contribution to democracy Mr. Speaker, the Democratic minor- committee on Asia and the Pacific held and human rights in Cambodia, is the ity is going to support this resolution hearings on internal stability, democ- strong network of local and inter- as amended. We do wish it was a little racy, and economic development in national nongovernment organizations. bit more balanced. It is true certainly Cambodia. At this hearing, several This Member commends the Govern- that the human rights situation in well-informed private witnesses, in- ment for its continued welcoming of Cambodia has deteriorated over the cluding the International Republican NGO’s in that country and hopes this past year, but the resolution does not Institute, described a serious deteriora- positive attitude will continue. adequately recognize the difficulties tion of democracy and human rights in The resolution urges the administra- that Cambodia faces. Cambodia during the last 12 months. tion to bring a larger effort to making March 26, 1996 CONGRESSIONAL RECORD — HOUSE H2853 democracy and human rights concerns Whereas over 182,000 Iraqi Kurds were tected in northern Iraq by Operation among our primary objectives in bilat- killed by the Iraqi Government during the Provide Comfort. United States sup- eral relations with Cambodia, calls for Anfal campaigns in 1988; port for Operation Provide Comfort is close monitoring of important upcom- Whereas it was not until the international substantial, through our participation response to Iraq’s invasion of Kuwait in 1990 ing elections, supports democratization that the international community instituted in monitoring the no-fly zone over Iraq efforts of United States assistance pro- measures to destroy Iraq’s arsenal of weap- north of the 36th parallel, and through grams, and urges that the United ons of mass destruction; our approximately $1.2 billion in hu- States and other donors raise democ- Whereas the Iraqi Government has laid manitarian and protective activities racy and human rights at the June 1996 over 20 million mines throughout the Kurd- there to assist the Kurds in the north, meeting of the Donor’s Consultative ish countryside which continue to hamper ef- in which we are also able to deter Meeting for Cambodia. forts of rehabilitation of the displaced popu- Saddam’s aggression. Mr. Speaker, House Resolution 345 lation; House Resolution 379 recalls the Whereas United Nations Security Council represents a balanced and constructive Resolution 688 of April 1, 1991, demanded that events of March 17, 1988, and calls upon effort to advance democracy and Iraq cease repression of its citizens and the administration to: Commemorate human rights in Cambodia. This Mem- called for an international relief program for the memories of those innocents who ber wants to thank the distinguished the Iraqi civilian population and, in particu- lost their lives in that tragic attack; gentleman from New York and chair- lar the Kurdish population; reaffirm the United States commit- man of the House International Rela- Whereas, since the spring of 1991, the Unit- ment to protect and assist the Kurdish tions Committee, [Mr. GILMAN] and the ed States, Britain, and France have enforced minority in Iraq, to ensure that the distinguished Member from California by daily overflights a no-fly zone over Iraq Halabja massacre does not happen north of the 36th parallel; and ranking member of the Sub- Whereas, in addition to the allied air um- again; support efforts to promote a committee on Asia and the Pacific, brella, the United Nations carries out relief democratic alternative to the present [Mr. BERMAN] for their assistance and and security operations in Iraq, with empha- regime in Iraq which will assure the support for this resolution. This Mem- sis on the Kurdish region; Kurds the right to self-government ber urges all his colleagues in this body Whereas, since 1991, the United States has through a federal system; and renew ef- to support House Resolution 345, as provided approximately $1.2 billion to sup- forts to establish an international war amended. port humanitarian and protective activities, crimes tribunal to prosecute Iraqi lead- Mr. GILMAN. Mr. Speaker, I thank known as Operation Provide Comfort, on be- ers involved in crimes against human- half of the Iraqi Kurds; and the distinguished chairman of our sub- Whereas there will never truly be peace for ity. committee, the gentleman from Ne- the Iraqi Kurds without justice being carried Mr. Speaker, the gentleman from Il- braska [Mr. BEREUTER] for his support- out against their Iraqi perpetrators: Now, linois [Mr. PORTER] is to be commended ive comments. therefore, be it for his sponsorship of this resolution, Mr. Speaker, I have no further re- Resolved, That it is the sense of the House and for his consistent leadership in quests for time, and I yield back the of Representatives that the United States fighting for human rights. Accordingly, balance of my time. Administration should— I support the gentleman’s resolution, The SPEAKER pro tempore. The (1) mark the eighth anniversary of the and urge my colleagues to support it as death of over 5,000 Iraqi Kurds in the 1988 question is on the motion offered by well. the gentleman from New York [Mr. chemical attack by the Iraqi Government on Halabja by commemorating all those inno- Mr. Speaker, I reserve the balance of GILMAN] that the House suspend the cent men, women, and children who lost my time. rules and agree to the resolution, their lives; Mr. MORAN. Mr. Speaker, I yield House Resolution 345, as amended. (2) reaffirm the United States’ commit- myself such time as I may consume. The question was taken; and (two- ment to protect and help the Kurdish people The minority applauds this resolu- thirds having voted in favor thereof) in Iraq, thus ensuring that the tragedy of tion introduced by the gentleman from the rules were suspended and the reso- Halabja will never be repeated; Illinois [Mr. PORTER] and appreciates lution, as amended, was agreed to. (3) support efforts to promote a democratic the gentleman from New York [Mr. alternative to the present regime in Iraq A motion to reconsider was laid on GILMAN], the chairman, bringing it to the table. which will assure the Kurdish people the right to self-government through a federal the floor. It is appropriate that we ex- f system; and press our sense of outrage over the b 1445 (4) renew efforts to establish an inter- massacre of 5,000 Kurds by gas bomb national war crime tribunal to prosecute attack. It is a timely reminder that we ANNIVERSARY OF MASSACRE OF Iraqi leaders involved in crimes against hu- have to continue our vigilance and KURDS BY IRAQI GOVERNMENT manity and war crimes. pressure against Iraq with and on be- Mr. GILMAN. Mr. Speaker, I move to The SPEAKER pro tempore (Mr. half of the international community. suspend the rules and agree to the reso- UPTON). Pursuant to the rule, the gen- This resolution reaffirms our com- lution (H. Res. 379) expressing the sense tleman from New York [Mr. GILMAN] mitment to protect and to help the of the House of Representatives con- and the gentleman from Virginia [Mr. Kurdish people in Iraq. It supports ef- cerning the eighth anniversary of the MORAN] will each be recognized for 20 forts to promote a democratic alter- massacre of over 5,000 Kurds as a result minutes. native to the present regime in Iraq of a gas bomb attack by the Iraqi Gov- The Chair recognizes the gentleman which will assure the Kurdish people ernment. from New York [Mr. GILMAN]. the right to self-government through a The Clerk read as follows: (Mr. GILMAN asked and was given federal system, and it calls on the ad- H. RES. 379 permission to revise and extend his re- ministration to renew efforts to estab- Whereas over four million Kurds live in marks.) lish an international war crimes tribu- Iraq, composing 20 percent of the population; Mr. GILMAN. Mr. Speaker, I yield nal to prosecute Iraqi leaders involved Whereas the Iraqi Government has contin- myself such time as I may consume. in crimes against humanity and war ually taken violent actions against Kurds Mr. Speaker, I rise in strong support crimes and their principal leader, in living in Iraq; of House Resolution 379, legislation in- Whereas, on March 17, 1988, the Iraqi Gov- particular, Saddam Hussein. ernment, by its own admission, used chemi- troduced by our distinguished col- So this is a good resolution, and we cal weapons against Iraqi Kurd civilians in league the gentleman from Illinois [Mr. would urge its adoption. the Kurdish frontier village of Halabja, re- PORTER], which expresses the sense of Mr. Speaker, I reserve the balance of sulting in the death of over 5,000 innocent Congress regarding the eighth anniver- my time. persons; sary on March 17, 1996, of the massacre Mr. GILMAN. Mr. Speaker, I yield Whereas this terrible, inhumane act by the of 5,000 Iraqi Kurds as a result of a gas such time as he may consume to the repressive Iraqi Government provoked inter- bomb attack by the Iraqi Government. distinguished gentleman from Illinois national outrage; Whereas the Iraqi Government continued The United States is well aware of [Mr. PORTER], distinguished co-chair- its use of chemical weapons against a de- the brutal actions of Saddam Hussein’s man of our human rights caucus, who fenseless Kurdish population throughout regime against Iraqi minorities, par- has been a leader in our battle for 1988; ticularly Iraqi Kurds, who are now pro- human rights and has brought this H2854 CONGRESSIONAL RECORD — HOUSE March 26, 1996 Kurdish problem to our attention for a Iraq must continue to be ostracized a common understanding that this number of years. from the community of nations, Mr. problem can be solved only by peaceful Mr. PORTER. Mr. Speaker, I thank Speaker, until its conduct begins to ap- means and not by military means.’’ the distinguished chairman for yield- proach a respect for basic rights of Mr. Speaker, this is extremely good ing time to me. I particularly thank each human being to live, to worship news. This is what the United States him for his tremendous leadership in and to speak according to the dictates and those of us in Congress concerned fighting for the rights of minorities all of his or her own conscience. with the plight of the Kurds in Turkey across the world. We must never ever forget those Iraqi have long sought. If the Turkish Gov- He has been steadfast in his support Kurds who lost their lives as the result ernment can follow through and the for the Kurdish people, the largest eth- of the terrible, despicable acts of a re- Turkish people can support their new nic group in the world not to have a pressive dictator. Mr. Speaker, the re- prime minister in this endeavor, I be- country of their own, 25 million people sponsibility falls to us to ensure that lieve that the lives of thousands and divided between Turkey, Iraq, Iran and their memory forever remains alive. thousands of innocent people, part of Syria. The gentleman from New York Mr. Speaker, past events make crys- the Kurdish minority as well as the has been absolutely outstanding in his tal clear that Saddam Hussein would lives of Turkish citizens will be spared. leadership, to draw our attention to attack the Kurds tomorrow if the Unit- I commend the new prime minister, their plight in several of these coun- ed States did not protect them. Since Mr. Yilmaz, on taking this initiative. I tries and to fight for their basic human 1991, Operation Provide Comfort has know that it takes great political cour- rights. provided humanitarian assistance and age in Turkey to do so. We will promise Mr. Speaker, 8 years ago on March 17, protective activities on behalf of the that we will work together with the 1988, Saddam Hussein’s regime at- Iraqi Kurds. Turkish Government to achieve the tacked the Kurdish town of Halabja Without the support both morally settlement of differences with Greece, using poison gas and nerve gas. Over and economically of the United States, the opening of a positive relationship 5,000 civilians, including women and I believe without the slightest doubt with Armenia and on the resolution of children, perished in this attack. Fol- that many more innocent Kurdish men, the terrible conflict in southeast Tur- lowing the attack, the Iraqi Govern- women, and children would have lost key that has claimed so many lives, ment demonstrated just how terrible their lives. The United States must made so many people homeless and ref- and inhumane it is by continuing its continue to stand with those like the ugees in their own country and had reign of terror against the Kurds. Iraqi Kurds who refuse to surrender Throughout 1988, over 182,000 Iraqi plagued the entire country for such a their basic human rights to the present Kurds were killed by the Iraqi Govern- long, long time. repressive and monstrous ways of dic- ment in vicious gas attacks. It was not b 1500 tators like Saddam Hussein. until Iraq’s invasion of Kuwait in 1990 Mr. Speaker, with the passage of this Mr. SMITH of New Jersey. Mr. that the international community resolution today, Congress will go on Speaker, I yield myself such time as I stepped forward and took measures to record as commemorating the March may consume. destroy Iraq’s arsenal of weapons of 17, 1988 attack on the Iraqi Kurds and I want to commend the gentleman mass destruction. reaffirming strong United States sup- from Illinois [Mr. PORTER] first and Today the United States and the foremost for this fine resolution and international community support ef- port for the Kurdish people of Iraq. I strongly urge the adoption of this reso- for his leadership on these issues. He forts to protect the Iraqi Kurds. the has been tenacious over the years in United States has been instrumental in lution. raising the issue of the such maligned ensuring that humanitarian assistance Mr. Speaker, let me also comment and troubled Kurds who have suffered reaches Kurds in Iraq and that they are upon a related matter. Recently our so much, and I want to thank him for protected from Iraqi Government at- ally, Turkey, has chosen a new prime remembering, through this resolution, tacks. minister, Mesut Yilmaz. He has re- The plight of the Iraqi Kurds, how- cently called for a new dialog with that horrible day when some 5,000 peo- ever, remains precarious at best. Sad- Greece that would intend to resolve ple were killed by poison gas. dam Hussein continues to terrorize the many ongoing disputes and to bring I will never forget the picture of that Kurdish region through acts of sabo- Turkey and Greece into the kind of re- mother clutching her young child, with tage and economic embargo. Addition- lation, or allies with one another, that the child’s mouth gaping open. As a re- ally, over 20 million land mines laid by would reflect well upon both countries sult of the gas, the impact of the gas, the Iraqi Government throughout the and would lead to a lessening of ten- there was a look of absolute fright on Kurdish countryside continually ham- sions in the geographic region. both mother and baby; just one of the per relief efforts. Today there are posed As part of that announcement, Prime Kurds killed by Saddam Hussein, one of on the edge of the Kurdish area 100,000 Minister Yilmaz also said that he the many. Iraqi troops threatening those areas. would like to open a border gate with I also want to remind everyone that Mr. Speaker, the Iraqi Government Armenia, if he saw clear signs of the regime of Saddam Hussein contin- refuses to guarantee its citizens basic progress toward a peace settlement be- ues to kill, torture and illegally im- human rights and the right to live tween Armenia and Azerbaijan in their prison members of the Kurdish minor- under the rule of law. The United Na- 5-year war over Nagorno-Karabakh. ity in Iraq, as well as anyone else who tions imposed sanctions as a result of He also said, Mr. Speaker, that re- displeases the regime. Relief workers Iraq’s 1990 invasion of Kuwait. Saddam garding the repression of the Kurds in who have gone in to help the Kurdish Hussein continuously refuses to com- southern Turkey by the Turkish Gov- refugees have also been the victims of ply with the U.N. Security Council res- ernment, that he would put upon the extrajudicial executions as well as dis- olutions. table a plan that would include grant- appearances. As a result, the economy continues ing the Kurds in Turkey cultural lib- Mr. Speaker, back in the early 1990’s to deteriorate, but it is not Saddam erties such as the Kurdish language I was part of the Speaker’s mission Hussein who suffers the terrible cost of education that moderate Kurdish that went to the refugee camps on the a debilitating economy, Mr. Speaker. groups have long sought. border of Turkey and Iraq and met Instead, those who bear the burden of a Mr. Speaker, he said also that the with many of the Kurds who were flee- dictator’s cruel and senseless policy state of emergency would gradually be ing the repression. It was right in the are the innocent citizens who are re- lifted in the southeast region and that aftermath of the Persian Gulf War, and fused the right to change their govern- measures would be taken to stimulate the Republican Guard were in hot pur- ment and whose freedoms of expression its economy which has suffered during suit of this Kurdish minority. It was and association are denied. Basic the long conflict. very compelling and encouraging for human rights only exist in the Kurd- Mr. Speaker, he said that, and I me to see how our military carried on ish-controlled areas in the north be- quote, ‘‘after having witnessed such ‘‘Operation Provide Comfort.’’ They cause of the protection of international terrible events in the past, after losing came in, they organized, and they were forces. 15,000 people. I believe we have come to able to provide the logistical support March 26, 1996 CONGRESSIONAL RECORD — HOUSE H2855 for medicines and food to be dispersed, EMANCIPATION OF IRANIAN rorism and its efforts to acquire weapons of and thousands of Kurds were spared be- BAHA’I COMMUNITY mass destruction; (B) to emphasize that the United States re- cause of the humanitarian efforts of Mr. GILMAN. Mr. Speaker, I move to the United States military as part of gards the human rights practices of the Gov- suspend the rules and agree to the con- ernment of Iran, particularly its treatment ‘‘Operation Provide Comfort’’. After current resolution (H. Con. Res. 102), of the Baha’i community and other religious several months, the situation was sta- concerning the emancipation of the minorities, as a significant factor in the de- bilized, and the baton was passed to the Iranian Baha’i community. velopment of the United States Govern- nongovernmental organizations that The Clerk read as follows: ment’s relations with the Government of then carried on the good work of pro- Iran; H. CON. RES. 102 viding this important relief. (C) to urge the Government of Iran to Mr. Speaker, as my good friend and Whereas in 1982, 1984, 1988, 1990, 1992, and emancipate the Baha’i community by grant- 1994 the Congress, by concurrent resolution, colleague, the gentleman from Illinois ing those rights guaranteed by the Universal declared that it holds the Government of Declaration of Human Rights and the inter- [Mr. PORTER], pointed out, the Kurds Iran responsible for upholding the rights of national covenants on human rights; and do suffer much in Turkey as well. We all its nationals, including members of the (D) to encourage other governments to have had hearings, on the subject in- Baha’i Faith, Iran’s largest religious minor- continue to appeal to the Government of cluding one just this morning. The gen- ity; Iran, and to cooperate with other govern- tleman from Virginia [Mr. MORAN] was Whereas the Congress has deplored the ments and international organizations, in- there, the gentleman from New York Government of Iran’s religious persecution cluding the United Nations and its agencies, of the Baha’i community in such resolutions [Mr. GILMAN], the gentleman from Illi- in efforts to protect the religious rights of and in numerous other appeals, and has con- the Baha’is and other minorities through nois [Mr. HYDE] and other members of demned Iran’s execution of more than 200 Ba- our committee and subcommittee, and joint appeals to the Government of Iran and ha’is and the imprisonment of thousands of through other appropriate actions. we focused on one of these areas, the others solely on account of their religious proposed sale of Cobras to Turkey. As beliefs; The SPEAKER pro tempore. Pursu- the chair of the Subcommittee on Whereas the Government of Iran continues ant to the rule, the gentleman from International Operations & Human to deny individual Baha’is access to higher New York [Mr. GILMAN] and the gen- education and government employment and Rights I believe that it would be out- tleman from Virginia [Mr. MORAN] will denies recognition and religious rights to the rageous to send Cobras to Turkey after each be recognized for 20 minutes. the military might of the Turkish re- Baha’i community, according to the policy set forth in a confidential Iranian Govern- The Chair recognizes the gentleman gime has been used in an ethnic cleans- ment document which has revealed by the from New York [Mr. GILMAN]. ing effort against the Kurds, again an- United Nations Commission on Human Mr. GILMAN. Mr. Speaker, I yield other sad chapter in the kind of cruelty Rights in 1993; myself such time as I may consume. that these people have had to endure. Whereas all Baha’i community properties (Mr. GILMAN asked and was given What is pointed out in this resolu- in Iran have been confiscated by the govern- permission to revise and extend his re- tion, the massacre of the 5,000, is but ment and Iranian Baha’is are not permitted marks.) one rather large and very terrible to elect their leaders, organize as a commu- Mr. GILMAN. Mr. Speaker, I am nity, operate religious schools or conduct event in a series of tragedies that have pleased to rise in support of House Con- been visited upon the suffering Kurdish other religious community activities guar- anteed by the Universal Declaration of current Resolution 102, concerning the minorities. So this is an important res- Human Rights; and emancipation of the Iranian Baha’i olution, and I urge its passage. Whereas on February 22, 1993, the United community and would like to urge all Mr. GILMAN. Mr. Speaker, I have no Nations Commission on Human Rights pub- house Members to support this timely, further requests for time, and I yield lished a formerly confidential Iranian Gov- important measure. I congratulate the back the balance of the time. ernment document that constitutes a blue- Gentleman from Illinois [Mr. PORTER] Mr. MORAN. Mr. Speaker, I yield print for the destruction of the Baha’i com- for again championing this important munity and reveals that these repressive ac- myself such time as I may consume. cause by introducing this measure. Mr. Speaker, let me just say I am en- tions are the result of a deliberate policy de- This resolution is the latest in a series couraged by what the gentleman from signed and approved by the highest officials of the Government of Iran: Now, therefore, of resolutions concerning the continu- Illinois [Mr. PORTER] shared with us in be it ing repression of the Baha’i commu- terms of the new leadership in Turkey. Resolved by the House of Representatives (the nity, and other religious minorities in That is major progress, to consider Senate concurring), That the Congress— Iran that have been adopted by the opening up the supply lines, economic (1) continues to hold the Government of Congress since 1982. and humanitarian supply lines, to Ar- Iran responsible for upholding the rights of It is truly a sad irony that since its all its nationals, including members of the menia if we can make progress in founding the Baha’i religion, which it- terms of the conflict with Azerbaijan. Baha’i community, in a manner consistent with Iran’s obligations under the Universal self poses no threat to secular author- Certainly, starting to hear the rela- ity anywhere, has been singled out for tionship with Greece is a step in the Declaration of Human Rights and other international agreements guaranteeing the such harsh repression in Iran and other right direction. Some of us would like civil and political rights of its citizens; parts of the Middle East. I salute those to see a recognition of the Armenian (2) condemns the repressive anti-Baha’i who have courageously maintained genocide, which has been a problem in policies and actions of the Government of their faith in the face of repression and terms of improved relations with Tur- Iran, including the denial of legal recogni- who have too often paid the supreme key. But perhaps with new leadership tion to the Baha’i community and the basic rights to organize, elect its leaders, educate price for their belief. we will continue to move forward. The closing years of this century This resolution, however, is entirely its youth, and conduct the normal activities have been marred by a resurgence of in order, and we strongly support it. of a law-abiding religious community; Mr. Speaker, I yield back the balance (3) expresses concern that individual Ba- the brutality and horrors that have ha’is continue to suffer from severely repres- shaped much of its history. What we of my time. sive and discriminatory government actions, The SPEAKER pro tempore (Mr. witness today in such places as Iran solely on account of their religion; serves as a stark reminder that the UPTON). The question is on the motion (4) urges the Government of Iran to extend offered by the gentleman from New to the Baha’i community the rights guaran- struggle for human rights is constant. York [Mr. GILMAN] that the House sus- teed by the Universal Declaration of Human While we can learn from our unfortu- pend the rules and agree to the resolu- Rights and the international covenants of nate history and our past mistakes, we tion, House Resolution 379. human rights, including the freedom of can never desist from our defense of The question was taken. thought, conscience, and religion, and equal international human rights standards. Mr. PORTER. Mr. Speaker, on that protection of the law; and Men and governments always seem to demand the yeas and nays. (5) calls upon the President to continue— have the tragic capability of repeating (A) to assert the United States Govern- the barbarisms of the past in new and The yeas and nays were ordered. ment’s concern regarding Iran’s violations of The SPEAKER pro tempore. Pursu- the rights of its citizens, including members unforeseen ways despite all of the in- ant to clause 5, rule I, and the Chair’s of the Baha’i community, along with expres- stitutions created in the course of this prior announcement, further proceed- sions of its concern regarding the Iranian bloody century to prevent mankind ings on this motion will be postponed. Government’s support for international ter- from tearing itself apart. H2856 CONGRESSIONAL RECORD — HOUSE March 26, 1996 This resolution allows us to once This resolution helps in keeping our Mr. Speaker, the Baha’i religion is again express our outrage and revul- focus on Iran’s dismal record on human founded upon the nine dominant reli- sion with regard to the brutal and sys- rights. Among the many other issues gions of the world, including, of course, tematic denial of one of the most basic we have with that Government, Iran’s Islam, and draws on the teachings of of human freedoms—freedom of con- denial of religious rights, the abuse of all of them as the basis of its faith. science—which has been denied by the its citizens and violations of inter- There are organized Baha’i assemblies Mullahs of Iran. nationally recognized human rights are in more than 100,000 localities in over Each time we consider these resolu- of deepest concern to this Congress. We 342 countries and territories. tions it seems that there has been a make that message clear by passing b 1515 new twist added to the outrages Ira- this resolution. nian authorities have perpetrated Our last resolution, which was adopt- Intolerance, Mr. Speaker, is the trail against their own citizens. Last month, ed unanimously 2 years ago, was reiter- of the backward, the ignorant, and the we received distressing reports from ated by the United Nations and the insecure. In Iran, intolerance of Ba- Iran about the conviction and sentenc- German Bundestag and the European ha’is, people who threaten no one and ing to death of an Iranian Baha’i for Parliament condemning Iran’s persecu- who accede to legitimate, civil author- apostasy. Not only does this have sin- tion of Baha’is. In some limited in- ity wherever they reside, defines not ister implications for the long-suffer- stances, Iran has responded to this the Baha’is, but the Iranian fundamen- ing Baha’i community of Iran, but for pressure. There in some evidence that talists. other religious minorities in that coun- the persecution of individual Baha’is in In 1993, an official Government docu- try as well. Iran is less severe today than it was ment obtained in Iran confirmed for Iran’s brutal treatment of the Baha’i several years ago. But let there be no the first time that the ongoing perse- and other religious minorities has also doubt. The Baha’i community is still cution of the Baha’i community has been the subject of concern within the an oppressed minority and is denied been a calculated policy written and United Nations Commission on Human rights to organize, elect leaders, con- approved by Iran’s highest ranking of- Rights. The Commission’s Special duct religious schools and other reli- ficials. This document reveals that the Rapporteur on Religious Intolerance gious activities. Iranian policy is to repress Baha’is at has singled out the case of the Baha’i Their religion is really all about every opportunity while maintaining in Iran as an egregious example of in- achieving a peaceful world brother- official deniability for such actions. terference with the right to freedom of hood. It is not something we would While the document states that Baha’is conscience and of worship. The UN’s consider to be threatening in this coun- is will not be expelled or arrested with- Special Rapporteur calls upon the Ira- try, but it is a reflection of Iran’s in- out reason, it makes evident that the nian authorities to ease restrictions tent that it is threatening to them. Iranian Government’s intent is to iso- upon adherents to the Baha’i faith. We must continue to work to end late, persecute, and ultimately destroy The United States has spoken out this discrimination against the Baha’is the Baha’is. consistently and repeatedly on Iran’s and all who are denied basic civil In the mid 1980’s, diplomatic pressure continued brutal repression of the rights, and so we would urge adoption and negative publicity forced the Ira- Baha’i. In its latest Human Rights Re- of this resolution as one more appro- nian leadership to lessen the severity port, the State Department includes priate step toward that goal. of their grievous official campaign Iran among the few countries that are Mr. Speaker, I yield back the balance against Baha’is. There is strong evi- the very worst abusers of the rights of of my time. dence that congressional resolutions, Mr. GILMAN. Mr. Speaker, I yield 5 their own citizens in the world. The together with appeals by other nations minutes to the gentleman from Illinois treatment of the Iranian Baha’i com- and the United Nations, helped to per- [Mr. PORTER]. munity epitomizes the character of the suade Iranian officials to moderate Iranian regime—its intolerance and its Mr. PORTER. Mr. Speaker, I again thank the chairman for yielding this their actions against the Baha’i com- brutality. munity. We owe it to the victims of this re- time to me and would again commend him for his strong support of Baha’is. There are disturbing signals, how- pressive regime to continue to raise ever, that the repression of Baha’is has this issue in international human Throughout his service in the Congress increased during this past year. We rights forums, and to press those gov- he has made the protection of the mi- cannot be sure how many Baha’is are ernments that conduct commerce and norities one of his highest priorities, jailed at any moment. Apparently, diplomatic relations with the Govern- and he has continuously strongly sup- there is a new trend by the Iranian au- ment of Iran to use their influence and ported the Baha’i minority in Iran, not thorities to carry out an increasing speak out against these outrages. Reso- only with votes, but by speaking out number of short-term arrests in var- lutions of the Congress, such as the one repeatedly on the floor of the House ious parts of the country. Baha’is are we now consider, representing the clear and wherever he has gone about the rotated through the prison system for voice of the American people, are in- plight of the Baha’is at the hands of varying lengths of confinement making valuable tools for our diplomats in bod- the revolutionary government of Iran, ies such as the U.N. Human Rights and I commend him for his leadership. it impossible to know who will be in- Commission, which is now meeting in Mr. Speaker, House Concurrent Reso- carcerated when and for how long. Geneva. I hope my colleagues will join lution 102, the Baha’i Community Tragically, the situation has very re- with me in supporting House Concur- Emancipation Resolution, condemns cently taken a turn for the worse. Mr. rent Resolution 102. the Government of Iran for denying the Speaker, just last month a Baha’i was Mr. MORAN. Mr. Speaker, I yield 300,000 people of the Baha’i Iranian found guilty of apostasy by the Revolu- myself such time as I may consume. community their basic human rights. tionary Court of Yazd and was sen- Mr. Speaker, this resolution makes Since the fundamentalist Islamic re- tenced to death. His crime? He was ac- an important statement, that the Con- gime took power in 1979, hundreds of cused of changing his religion from gress continues to hold the Govern- Baha’is the largest religious minority Islam to the Baha’i faith. The Iranian ment of Iran responsible for upholding in Iran, have been executed, and thou- Supreme Court, in an unusual move, the rights of all of its nationals, in- sands have been imprisoned solely be- set aside the verdict and sent the case cluding members of the Baha’i commu- cause of their religion. Because the re- back to a lower court for review. If this nity. gime does not recognize the Baha’i man is executed, he will be the first Concern about Iran continues to rise faith, calling it a conspiracy and a her- Baha’i executed since 1992. to the surface of our foreign policy ho- esy, tens of thousands of Baha’is are Mr. Speaker, Iran must continue to rizon. Much of the focus has been on today deprived of jobs, housing, be ostracized from the community of trade, on Iran’s role in terrorism, its schools, and other social services. Fur- nations until its conduct can begin to efforts to subvert governments in the thermore, it is common practice for approach a respect for the basic rights Middle East, in North Africa, and its Baha’is to be denied pensions and food of each human being to live, worship, nuclear dealings with Russia and ration cards purely because of their re- and speak according to the dictates of China. ligious affiliation. his or her own conscience. Since 1982, March 26, 1996 CONGRESSIONAL RECORD — HOUSE H2857 the Congress has adopted six resolu- We support the United Nations Uni- Mr. GILMAN. Mr. Speaker, I have no tions expressing its concern for per- versal Declaration on Human Rights, further requests for time, and I yield secuted Baha’is in Iran, and condemn- the religious intolerance acts that have back the balance of my time. ing the repressive anti-Baha’i policies been passed by the United Nations. The SPEAKER pro tempore (Mr. and actions of the Iranian Government. Every year the Human Rights Conven- UPTON). The question is on the motion In 1994, the resolution was adopted by a tion in Geneva looks at religious perse- offered by the gentleman from New recorded voted of 414 to 0. Mr. Speaker, cution and speaks out on it. My hope is York [Mr. GILMAN] that the House sus- with the passage of this resolution that they will say to Tehran, ‘‘No pend the rules and agree to the concur- today, Congress will once again go on more,’’ that cooler heads will prevail, rent resolution, House Concurrent Res- record in support of the basic rights of and those who are being persecuted olution 102. Baha’is and other religious minorities simply because they want to practice The question was taken. in Iran. I strongly urge the adoption of their faith as they see fit will no longer Mr. PORTER. Mr. Speaker, on that I this resolution. find themselves being tortured, incar- demand the yeas and nays. Mr. GILMAN. Mr. Speaker, I thank cerated, and, even worse, put to death. The yeas and nays were ordered. the gentleman for his supportive re- I commend the gentleman from Illinois The SPEAKER pro tempore. Pursu- marks. [Mr. PORTER] for his excellent resolu- ant to clause 5 of rule I and the Chair’s Mr. Speaker, I am pleased to yield tion. prior announcement, further proceed- such time as he may consume to the Mr. GILMAN. Mr. Speaker, I am ings on this motion will be postponed. gentleman from New Jersey [Mr. pleased to yield such time as he may f SMITH], the distinguished chairman of consume to the gentleman from Ohio our Subcommittee on International [Mr. NEY]. GENERAL LEAVE Operations and Human Rights of the (Mr. NEY asked and was given per- Mr. GILMAN. Mr. Speaker, I ask Committee on International Relations. mission to revise and extend his re- unanimous consent that all Members (Mr. SMITH of New Jersey asked and marks.) may have 5 legislative days within was given permission to revise and ex- Mr. NEY. Mr. Speaker, I just wanted which to revise and extend their re- tend his remarks.) to make a couple of statements on this marks on the subject of the four meas- Mr. SMITH of New Jersey. Mr. resolution. First, I commend the gen- ures just considered. Speaker, I thank the gentleman for tleman from Illinois [Mr. PORTER] for The SPEAKER pro tempore. Is there yielding time to me. bringing this forth to the floor of this objection to the request of the gen- Mr. Speaker, I rise in strong support House, and also commend the House for tleman from New York? of House Concurrent Resolution 102. I continuing to keep the pressure on this There was no objection. think it is a very good resolution and I issue. I think the previous speakers want to commend the gentleman from f have pointed out why we need to do Illinois [Mr. PORTER] for his leadership that. WAIVING CERTAIN ENROLLMENT on behalf of the Baha’is and on behalf Also, Mr. Speaker, I just wanted to REQUIREMENTS OF TWO BILLS of human rights. OF THE 104TH CONGRESS Mr. Speaker, the issue of persecution state that I myself lived in Iran, in a Mr. NEY. Mr. Speaker, I ask unani- of the Baha’is is unfortunately not a southern city called Shiraz. I was there mous consent that the Committee on new one in the House. Congress has during the revolution in 1978 of the House Oversight be discharged from passed a half-dozen resolutions con- Shaw of Iran. People would talk over further consideration of the joint reso- demning the vicious persecution of the the years about prejudice. Prejudice lution (H.J. Res. 168) waiving certain Baha’is at the hands of the regime in can exist in any country toward a peo- enrollment requirements with respect Tehran, but the persecution continues. ple or toward a religion. There may Mr. Speaker, there is little I can add have been some internal prejudice in to two bills of the 104th Congress, and to the resolution and to the excellent 1978 and prior toward the Baha’i reli- ask for its immediate consideration in comments that have been made so far. gion, but I want to tell the Members, the House. The Baha’is clearly are a peace-loving Baha’is were not pulled out into the The Clerk read the title of the joint community, members of a religion that street and executed. resolution. had its origin in Iran but that has ad- This regime, let us make no bones The SPEAKER pro tempore. Is there herents all over the world, including about it, goes beyond the thoughts of objection to the request of the gen- here in the United States. The extrem- prejudice toward the Baha’i, and they tleman from Ohio? ist regime in Iran considers the Baha’i have executed people, they have forced There was no objection. religion to be a heresy, a group apos- families to purchase the bullets that The Clerk read the joint resolution, tasy, so it persecutes them with even their loved ones were executed with. as follows: more severity than it does Christians, This is a brutal regime in Iran that H.J. RES. 168 Jews, or other Muslims. has carried out assassinations toward Resolved by the Senate and House of Rep- Mr. Speaker, I particularly want to members of the resistance in Europe resentatives of the United States of America in call to the Congress’ attention the fact recently. This is a regime that pro- Congress assembled, That the provisions of sections 106 and 107 of title 1, United States that there are at least four members of motes terrorism around the world. As we know, even in Bosnia, as we speak Code, are waived with respect to the printing the Baha’i faith that now are at risk of (on parchment or otherwise) of the enroll- death in Iran. The gentleman from Illi- this year they were active there and ment of H.R. 3019 and the enrollment of H.R. nois [Mr. PORTER] mentioned one around the world to persecute people. I 3136, each of the One Hundred Fourth Con- whose sentence has been remanded believe that the world needs to be con- gress. The enrollment of either such bill back to a lower court for review, and stantly made aware and to promote shall be in such form as the Committee on we hope this resolution sends a clear, and push the point of what is being House Oversight of the House of Representa- unmistakable message that religious done to the peaceful Baha’i people. tives certifies to be a true enrollment. intolerance will not be tolerated by I just want to again stress that if we The joint resolution was ordered to civilized countries, and that it will do not keep up this type of pressure, it be engrossed and read a third time, was bring more scrutiny and more con- will be forgotten. This has helped in read the third time, and passed, and a demnation on the regime run by the past, and I want to commend the motion to reconsider was laid on the Rafsanjani. Members for what they are doing table. I think it is very important that we today, on behalf of the Baha’i people. f speak, as we have, as Democrats, Re- Mr. GILMAN. Mr. Speaker, I thank publicans, as conservatives, moderates, the gentleman from Ohio for his sup- SPECIAL ORDERS and liberals, that we believe that the portive remarks. The SPEAKER pro tempore (Mr. Baha’is have a right not just to exist, Mr. MORAN. Mr. Speaker, I have no UPTON). Under the Speaker’s an- but to express themselves, to practice further requests for time, and I yield nounced policy of May 12, 1995, and their religion as they see fit. back the balance of my time. under a previous order of the House, H2858 CONGRESSIONAL RECORD — HOUSE March 26, 1996 the following Members will be recog- sands of Federal, State and local law Law Enforcement Officer of the Year by the nized for 5 minutes each. enforcement officers, risk their lives to Elizabeth City Jaycees. Throughout his career, f maintain peace, uphold justice, rid our Tade has received commendations from the neighborhoods of violent criminals, and Drug Enforcement Administration, the North RECOGNIZING THE HEROISM OF keep our children and families safe. Carolina State Bureau of Investigations, the LT. JOSEPH P. TADE AND HIS Words alone seem inadequate, but I North Carolina Division of Alcohol Law En- FELLOW OFFICERS would like to express to Lieutenant forcement, the U.S. Attorney's Office, the The SPEAKER pro tempore. Under a Tade, and his fellow officers through- Currituck County Sheriff's Office, the Edenton previous order of the House, the gen- out American, a sincere ‘‘Thank you’’, Police Department, in addition to countless tleman from North Carolina [Mr. for your dedication to your fellow citi- interdepartmental commendations. JONES] is recognized for 5 minutes. zens. Lieutenant Tade, a 20-year veteran, has a Mr. JONES. Mr. Speaker, we live in a Mr. Speaker, I ask unanimous con- long and distinguished career with the Eliza- world where crime rates are rising sent that the entire summary of Lieu- beth City Police Department. He joined the de- daily, and where acts of violence tenant Tade’s courage, be included in partment in 1976 and served as a cadet until against innocent people are escalating, the RECORD. 1978, when he was sworn-in full time. He im- at an alarming rate. It is rare when we Mr. Speaker, in a world where crime rates mediately became involved in criminal inves- hear of citizens who go above and be- are rising daily, where acts of violence against tigations, as the department had no full-time yond the call of duty to help their fel- innocent people are escalating at an alarming investigators. In 1987, Tade was promoted to low man. rate, it is rare when we hear of citizens who the rank of sergeant and became one of the Mr. Speaker, at this time, I would go above and beyond the call of duty to help department's first two full-time investigators. In like to give special recognition to one their fellow man. Mr. Speaker, at this time I 1989, Tade was promoted to the rank of lieu- of those individuals, Lt. Joseph P. would like to give special recognition to one of tenant. In 1992, Tade was appointed as com- Tade, of the Elizabeth City, NC Police those individuals, Lt. Joseph P. Tade, of the mander of the newly formed northeast regional Department. Elizabeth City Police Department in Elizabeth drug task force. In 1995, Tade was appointed Lieutenant Tade embodies the quali- City, NC. supervisor of a new division within the depart- ties of honor, tenacity, and dedication. Lieutenant Tade embodies the qualities of ment. The neighborhood interdiction team, He has recently received three national honor, tenacity, and dedication. He has re- where he continues to serve today. This team awards for acts of courage and valor in cently received three national awards for acts is a community policing and street drug en- the line of duty. The American Police of bravery and heroism in the line of duty. The forcement group working mainly in high crime Hall of Fame, has awarded Lieutenant American Police Hall of Fame has awarded areas of the city. Tade two separate Silver Stars for Lieutenant Tade two separate Silver Stars for Over the course of his highly successful ca- Bravery and the Legion of Honor bravery and the Legion of Honor Medal. reer, Lieutenant Tade has been involved in Medal. The incidents for which Lieutenant Tade over 2,500 local, State and Federal drug ar- The Incidents, for which Lieutenant earned his medals say much about his brav- rests alone, reaching to such places as New Tade earned his medals say much ery and character. On October 12, 1980, then- York City, NY, and Allentown, PA. These ar- about his bravery and character. Patrolman Tade and his partner intervened rests have resulted in record seizures of illicit On October 12, 1980, then-Patrolman when an armed man attempted to flee the drugs and currency, well in excess of $1.5 mil- Tade and his partner, intervened when scene of a robbery of a local grocery store. lion. In addition, Tade has completed over an armed man attempted to flee the The suspect fired multiple shots at a by- 1300 hours of advanced law enforcement scene of a robbery, at a local grocery stander and the officers. Fearing for the lives training. store. The suspect, opened fire on an of everyone in the area, the officers returned Lieutenant Tade, a resident of Elizabeth City innocent bystander and on the officers. fire, including two warning shots in the air and since the age of 10, currently lives with his After unsuccessfully attempting to shots by Tade aimed at the suspect's tires. wife Janet and their 3 daughters, Summer, convince the gunman to surrender, the After attempting to convince the gunman to Jessica, and Jordan. officers pursued the suspect as he fled surrender, the officers pursued the suspect as Mr. Speaker, Lieutenant Tade is by no in his car. The chase ended when the he fled in his car. The chase ended when the means alone in deserving our recognition. officers cut off the suspect’s can and officers cut off the suspect's car and the sus- Every day and night, in this country and the suspect took his own life. pect took his own life. abroad, hundreds of thousands of Federal, Lieutenant Tade earned his second Lieutenant Tade earned his second Silver State, and local law enforcement officers risk Silver Star when a routine traffic stop Star when a routine traffic stop in 1984 turned their lives to maintain peace, uphold justice, pin 1984 turned into a high speed chase into a high speed chase that reached speeds rid our streets, our neighborhoods and our that reached 95 miles per hour. When of 95 miles per hour. At night and on patrol businesses of violent criminals, and keep our the chase appeared to have stopped, with a police cadet, Tade once again dem- children and families safe. To Lieutenant Tade one of the three suspects aimed his gun onstrated bravery and courage in the face of and his fellow officers, I say ``thank you.'' at Tade and his partner, and then danger. When the truck they were chasing ap- f opened fire. Fearing for he and his peared to have stopped, and the officers had partner’s lives, Tade returned fire, exited their vehicle, one of the three suspects b 1530 striking the gunman twice. The sus- fired multiple shots at Tade and his partner INADVISABILITY OF REQUIRING pects were apprehended a short time from the truck. Once again, fearing for he and TWO-THIRDS MAJORITY TO PASS later and the gunman survived his his partner's lives, Tade returned fire, striking TAX LEGISLATION wounds. the gunman twice. The driver of the vehicle Lieutenant Tade’s actions, in April of suddenly pulled away and another chase en- The SPEAKER pro tempore. Under a 1995, earned him The Legion of Honor sued. After evading several road blocks, the previous order of the House, the gen- Medal. While attempting to separate a suspects were apprehended and the gunman tleman from Colorado [Mr. SKAGGS] is local male and female involved in a survived his wounds. recognized for 60 minutes as the des- violent altercation, Tade was severely Lieutenant Tade's actions in April 1995 ignee of the minority leader. cut by the female who had suddenly earned him The Legion of Honor Medal. While Mr. SKAGGS. Mr. Speaker, I appre- produced a razor blade. Although bleed- he and his partner, Capt. W.O. Leary, were at- ciate having the opportunity to address ing profusely—from a two inch long tempting to separate a local male and female the House this afternoon. The topic of wound—he was still able to disarm the involved in a violent altercation, Tade was se- this special order is the proposed youth and take her into custody. De- verely cut by the female who had suddenly amendment to the Constitution to re- spite the many stitches required, Lieu- produced a razor blade. Bleeding profusely quire two-thirds majorities in the tenant Tade recovered and suffered no from a 2-inch cut on the hand, he was still House and the Senate to adopt any leg- permanent damage. able to disarm the youth and take her into islation concerning increases in tax Mr. Speaker, Lieutenant Tade is by custody. Lieutenant Tade required 10 stitches rates or tax base. no means alone in deserving our rec- and luckily suffered no permanent damage. As the Speaker may be aware, the ognition. Every day and night, in this These are certainly not Tade's only awards. leadership of the majority party has country and abroad, hundreds of thou- In 1980, he was named Outstanding Young announced its intention to bring this March 26, 1996 CONGRESSIONAL RECORD — HOUSE H2859 matter up for debate and vote in the that subcommittee and full committee people of the country, certainly a sig- House on April 15, the Monday that the actually have very grave reservations nificant number. But under this con- House is scheduled to return from 2 about this particular proposal and are stitutional amendment, effective con- weeks of spring recess. In my opinion, disinclined to mark it up and report it trol of the tax-writing responsibilities scheduling the debate on this matter at to the House, the leadership is co-opt- of the Congress would be given over to that time, preceded as it will have been ing them, preempting that very, very one-third plus 1 of the other body, the by no effective committee consider- important responsibility that the Judi- U.S. Senate, and it surprised me. ation or markup, constitutes an act of ciary Committee has to really go over Mr. Speaker, I sat down a few min- relatively modest political theater but proposed amendments to the Constitu- utes ago and just calculated that per- relatively irresponsible constitutional tion as carefully as we possibly can to centage of the population of the United legislation. But it is merely the last consider both the intended and unin- States represented by the one-third chapter in an ongoing novel of regret- tended consequences. plus 1 of the Senate that comes from table proportions during this, the 104th Mr. Speaker, we are giving the back the smallest States in the Union. Congress, in which the majority party of our hand, as it were, to that normal Under this proposal, to give control consistently has seen fit to treat the order and process in the House for con- over tax legislation to one-third plus 1 Constitution as if it were really just a sidering an amendment to the Con- of the Senate, that is the same thing as rough draft. stitution and just bringing this to the saying that we would give power over Mr. Speaker, let me give my col- floor in an essentially unexamined and this issue to less than 10 percent of the leagues some idea of the recent history unreflected-upon state. people of this country, because 34 Sen- of the consideration of amendments to Interestingly, I think in part because ators represent, combined from the the Constitution. In the last 20 years of that cavalier approach to a very, smallest States, less than 10 percent of preceding this, the 104th Congress, the very serious responsibility, it has been our entire population. Now, it seems to me we should think House voted on constitutional amend- reported that the chairman of the long and hard about a proposal that ments a total of nine times in 20 years. House Ways and Means Committee, the would have that kind of incredibly dis- The average per Congress was one con- tax-writing committee of the Congress, torting effect on who is in a position to stitutional amendment, the maximum has also very serious misgivings about determine the future course of this was two, frequently there were none. this proposal because of one of its country in an area as critical as tax This amendment that will be coming many impractical consequences, name- legislation. up on April 15 will be the 4th time in ly if we were to adopt this two-thirds Mr. Speaker, I have several other this 104th Congress that the leadership vote requirement for any tax bills in points to make with regard to the mer- has brought forth an amendment to the the Constitution, we would basically be its and the substance of this proposal, Constitution, and thus my character- embracing—for all practical purposes— but I wanted at this time to recognize ization, I think appropriately, that this the current state of the tax law for an and yield some time to the distin- Congress is really treating the Con- indefinite period of time. guished gentleman from Virginia [Mr. stitution of the United States as if it Mr. Speaker, if you look over recent MORAN], who has been very active in history in enacting tax laws, almost all were just a working document in draft this Congress and in earlier Congresses of which, if they are at all comprehen- form which we can toy with at our in these areas having to do with the sive, involves some increases as well as whimsy. fundamental constitutional arrange- Mr. Speaker, we have already had decreases and changes, very, very few ments of the Republic, and I yield at amendments debated and voted on in will have be seen to have been passed this time such time as he may wish to the House concerning the flag of the by the two-thirds majority of both the consume. United States, concerning term limits, House and the Senate that would be re- Mr. MORAN. Mr. Speaker, I thank concerning a balanced budget, and now quired under this proposed amendment my distinguished colleague and good this two-thirds tax proposal, and I to the Constitution. Since the chair- friend from Colorado for yielding me think most Members are aware we will man of the House Ways and Means time. probably have even a fifth proposed Committee is reported to be a strong Mr. Speaker, this amendment that amendment to the Constitution offered proponent of major tax reform, a fan of we are discussing, House Joint Resolu- up some time later this year having to one of many alternatives that have tion 159, that would require a two- do with the first amendment’s protec- been offered up for wholesale change in thirds vote to raise Federal taxes, may tion against the establishment of reli- the Tax Code, he well realizes if this seem to be a simple, reasonable idea, gion and protecting the free exercise were in the Constitution, or ability to but it invites dangerous consequences thereof. make that kind of change would be for our democracy that will weaken the Mr. Speaker, this particular amend- greatly constrained, if not made al- power of the Federal Government to re- ment that will be coming before us a most impossible. spond to national problems. Since the couple of weeks has not only serious, One of the things that we, I think, resolution includes any changes that serious, and I believe absolutely un- should keep first in mind in consider- would broaden the tax base, it will also workable practical problems attached ing this is not just the failure of the effectively block passage of any fun- to it, but the process by which it will leadership here to follow regular order damental overhaul of our entire tax come to the floor of the House for de- and process, as ought to apply to a pro- system, be it the majority leader’s call bate is absolutely extraordinary. We posal of this seriousness, but the con- for a new flat tax or the interest of the would suppose, Mr. Speaker, that when tent of the proposal, as well. It follows chairman of the Ways and Means Com- we undertake the most serious legisla- obviously that any time we require a mittee in the national sales tax, or tive responsibility that we can have as super majority to enact legislation, in anything in between, including the Members of this great body, that is, this case tax legislation, the corollary most moderate and responsible alter- considering an amendment to the Con- of that is to give a minority within the ations. Finally, this resolution will stitution, that we would go to some body, the House or the Senate, effec- prove unworkable, as the House leader- pains to make sure that a proposed tive control of the issue. That con- ship has already discovered with its amendment had been fully and care- tradicts head on the fundamental prin- celebrated—but now ignored—rule fully examined by those institutions ciple of majority rule that Madison change requiring a three-fifths vote on within the House structure that are identified during the debate in the Con- tax legislation. designated as having the expertise and stitutional Convention as the first This resolution, as my colleague the responsibility to conduct such an principle of this democracy of ours. from Colorado has explained, violates examination and vet it. In our case, Now, it may seem a trivial observa- the spirit of majority rule and will that is the House Judiciary Commit- tion to suggest that a super-majority take us back to the problems our tee, and in particular, the Subcommit- requirement necessarily cedes control Founding Fathers experienced under tee on Constitutional Law. of the issue to a minority. Here in the the Articles of Confederation. Article 9 Unfortunately, in this instance, I House, that minority would represent of the Articles of Confederation re- presume because the chairmen of both something just over one-third of the quired the vote of 9 of the 13 States to H2860 CONGRESSIONAL RECORD — HOUSE March 26, 1996 ascertain the sums and expenses nec- leadership found it necessary to waive ited with reducing the deficit 3 years in essary for the States to raise revenue. the three-fifths rule. The Committee a row, and possibly an unprecedented In 1787, at the Constitutional Conven- on Rules had to do that by a simple fourth year if current economic trends tion, our Founding Fathers recognized majority vote in order to impose this continue. that this was an insurmountable defect tax increase, a 50-percent tax penalty I find it a little ironic for all the ob- and sought to establish a national gov- on Medicare plus medical savings ac- jections the Republicans have ex- ernment that can impose and enforce counts withdrawals for any purpose pressed for the tax increases, and the laws and collect revenues through a other than Medicare and the part B in- Clinton tax increase in particular in simple majority rule. come contingent premium. Also the re- 1993, they have yet to repeal a single Mr. Speaker, my distinguished col- peal of the 5-year income averaging one of those tax increase in 1993. Not league has discussed the constitutional rule on lump sum pension distribu- one of the so-called notorious 1993 tax aspects of this resolution, but I would tions, the increase in the phaseout rate increases has been repealed in any like to focus on how unworkable this for the earned income tax credit, the measure sent by this Congress to the resolution will prove to be based on our new rates that are applied to expatri- White House. experience with the much-celebrated ates, and the new tax imposed on gam- What Representative BARTON does change in the House rules that requires bling income of Indian tribes. All of not mention in the CONGRESSIONAL a three-fifths vote for any tax increase. these tax increases should have trig- RECORD is that Ronald Reagan would That was enacted on the first day of gered the three-fifths vote required for have encountered problems enacting Republican control of the House in approval. most of his agenda if there was a con- January, 1995. As specified in that Now we want to increase this three- stitutional amendment requiring a modified clause 5(c) of rule 21 of our fifths vote to two-thirds? In other two-thirds vote. congressional code, the House of Rep- words, increase the hypocrisy of this Mr. Speaker, I have many other resentatives’ code, no bill, joint resolu- body to pass one law, and then ignore points I want to raise to buttress the tion, amendment, or conference report it when we want to pass another? If the argument that this does not make any carrying a Federal income tax rate in- new majority has problems honoring sense to propose a two-thirds constitu- crease shall be considered as passed or its pledge not to increase the tax rate tional requirement, but at this point agreed to unless so determined by a and abide by its own rules, they make let me pass the baton on to my col- vote of not less than three-fifths of the even more problematic if we were to do league from Colorado for a while to fur- Members voting. a proposed constitutional amendment ther buttress our argument. This rule was broken just as soon as as is proposed by this joint resolution. Mr. SKAGGS. I would just like to en- we voted on the Contract With Amer- Under this expanded requirement, gage the gentleman for a moment in a ica, introduced and approved by the Congress could not have passed last further discussion of the short history Republican majority of the Congress, year’s expansion of the health deduc- that we have—I was going to say en- but to approve it, we had to violate the tion for the self-employed. In that leg- joyed, but at least experienced under rule. On April 5, I came to this well and islation we closed some tax loopholes the so-called three-fifths rule which raised a point or order on a provision dealing with minority broadcasting was adopted at the start of this Con- in the Contract With America tax re- benefits to pay for the bill’s revenue gress as a rule of the House governing lief act that repealed section 1(h) of the lost. the required majority; that is, three- Internal Revenue Code affecting the When you are in a pay-as-you-go fifths, whenever, we are considering maximum rate for long-term capital basis, you have to increase taxes in anything that is construed as having a gains. While the intent of the provision some are in order to reduce them in tax increase. was to lower the capital gains rate, it others. So when we eliminated the tax Now, first the proponents said it actually increased the tax rate on the loopholes, increasing taxes on minority would apply to any increase, and then sale of small business stocks from 14 broadcasters, again, that violated the they said only to income tax increases, percent under current law to 19.8 per- rule, because closing the loophole is and then only to certain types of in- cent. also broadening the tax base. come tax increases. My sense is that At the time, the Speaker’s chair According to the material submitted the correct interpretation of this rule ruled that this tax increase was not into the CONGRESSIONAL RECORD by of the House remains the subject of a subject to the three-fifths rule, but in Congressman JOE BARTON on January great deal of debate and confusion and a June 12 letter from House 4, 1995, there have been five major tax inquiry. The saving grace, if you will, Parliamentarian Charles Johnson, it increases enacted into law since 1980. is that the majority has show that it is appears that this ruling was made in The Tax Equity and Fiscal Responsibil- quite willing to waive the application error and the original point of order ity Act of 1982, the House vote was 226 of that rule as a matter of course should have in fact been sustained. to 207; the Omnibus Budget Reconcili- whenever it is inconvenient to have to Since the Parliamentarian has con- ation Act of 1987, the vote was 237 to deal with the new rule that they adopt- firmed my original challenge, the 181; the Omnibus Budget Reconcili- ed. House leadership has found it nec- ation Act of 1989, the vote was 272 to Mr. MORAN. I guess that is what essary to waive the three-fifths vote re- 182; the Omnibus Budget Reconcili- they mean by regulatory flexibility. quirement in at least two instances, ation Act of 1990, the vote was 228 to Mr. SKAGGS. Well, whatever it may the Balanced Budget Act of 1995 and 200; and Omnibus Budget Reconcili- be, now we can waive a House rule, as the Medicare Preservation Act, in ation Act of 1993, that vote was only the gentleman pointed out, by simple order to pass its legislative agenda and 218 to 216. majority vote when we bring a matter to raise taxes. Only one of these measures, the to the full House for debate. But if we Mr. Speaker, neither measure re- Budget Reconciliation Act of 1989, have got this in the Constitution, what ceived a three-fifths majority vote. could have passed the House with a then? Neither of those pieces of legislation two-thirds margin. In reality, the five Mr. MORAN. Well, you ask a very could have passed this body if we had measures that were brought up by Con- good question, Mr. SKAGGS. I do not been good to the rule that was passed gressman BARTON included both tax in- know why we are here trying to save on the first day of the session of this creases and spending cuts. Had these them from themselves, which is what congressional term. Back in January, measures not been passed with biparti- we are doing, but the reality is that we passed a law and we have had to ig- san support and signed into law by virtually no tax reform measures could nore that law in order to pass the legis- President Reagan and President Bush, have been enacted if we had not hypo- lation that was in the Contract With the deficit would be far, far worse than critically ignored, overruled, that America. it is today. three-fifths requirement. But as you The one exception to deficit reduc- say, if it is a constitutional amend- b 1545 tion that passed on a party line vote, ment, we do not have that flexibility. Under the original House version of the Landmark Omnibus Budget Rec- The Committee on Rules just decides, the Balanced Budget Act, the House onciliation Act of 1993, has been cred- well, this is an inconvenient law and so March 26, 1996 CONGRESSIONAL RECORD — HOUSE H2861 let us just ignore it. If it is part of the of those States are very ably served by ago. The amendment was presented and Constitution, it cannot be ignored. their Senators. Here we are not talking the sponsors of the amendment were That means that we could never again about personalities, we are talking there, and in the course of their presen- reform our Tax Code, because to do so about the Constitution. We are trying tation they mentioned that this would you have to raise revenue in order to to go back to the original tenets of be on the floor on April 15. cut it in other places. So we would be that Constitution. They tried some- Now, I guess, showing my inability to putting ourselves into an untenable po- thing that was not majority rule in the adapt to the new majority, I was a lit- sition. Articles of Confederation. You needed 9 tle puzzled, because, this was a week or Mr. SKAGGS. I think we need to ex- out of the 13 States to pass any reve- so ago, no committee vote was sched- pound on this point a little bit more. nue-raising provision. They found it uled, no subcommittee vote was sched- Nobody here is interested in raising was unworkable. The country was not uled. Ordinarily with legislation, we taxes per se. This is not about taxes, it functioning. So they had to go back find that the process of first debating is about the Constitution of the United and correct it and install majority it in subcommittee and making some States and having a workable system rule. changes, and then going to full com- of government. The examples which Now, when you think about it, as you mittee and making some changes, that you cited, which I think it is important so ably explain, 10 percent of America’s is how you refine legislation. That is for us to be mindful of, have to do with population could prevent any kind of how you answer questions. None of us all manner of different reform propos- tax increase. No matter how needed it in my experience is bright enough to als. Certainly any of the tax simplifica- is to keep this Government function- simply sit down and have a piece of leg- tion or tax reform proposals that this ing, whether we are in a war, whether islation spring from our forehead like, Congress has adopted in the last 20 we are in a depression, whatever the was it Athena from the forehead of years or that are pending before us in situation, 10 percent of America’s pop- Zeus, or whoever sprang from what- various forms now, have almost invari- ulation can block any attempt to put ever. Ordinarily you want some ques- ably involved some change in the tax our country on a sound fiscal footing. tions and conversation. I was a little base or change in the rate in order to I think that is the most compelling surprised that this bill was going to go effect reductions or reforms somewhere argument, and then in addition to the right from hearing to the floor of the else, have they not? experience we have already had with House. I asked why, and I realize what Mr. MORAN. Not only have they this the violation of the three-fifths rule. the answer is. year, that is absolutely true, and that But the other point that you so well This legislation, this constitutional is why the Committee on Rules ac- made, Mr. SKAGGS, is that the Con- proposal, is so flawed, it does not com- knowledged that when it waived the stitution is not a rough draft. The Con- mand a majority within the sub- three-fifths rule. So it would not apply stitution has served this country very committee in the Judiciary that has to any of the tax legislation that has well for two centuries. To go mucking jurisdiction, because there are signifi- come before us this year. But also if around with it with a piece of legisla- cant, influential, respected Repub- you look back, it applied to all of tion that we know is going to be vio- licans who do not want to vote for it. It President Reagan’s and President lated the first time that we have to act does not have a majority in the com- Bush’s proposals. None of them would responsibly as a body, I cannot imagine mittee, so they plan to bypass the sub- have been enacted if this constitu- that we would have any cosponsors of committee and bypass the committee tional amendment were in effect. So President Reagan could not have such legislation, never mind a long list and bring it to the floor. But then a glitch developed, because accomplished the 1981 tax cut, the 1986 of cosponsors. as we discussed this, even at the hear- tax cut, or any of the others in be- So I would hope they would all recon- ing, it became clear that, for instance, tween. President Bush could not have sider, look at both recent and long- you could not under this constitutional accomplished the 1990 tax cut. We term history of this country, check out never could have come close to the re- our Constitution, give it a little more amendment raise a tariff. I know Pat duction in deficit that we have experi- respect, and recognize that this is not Buchanan has not been getting much enced as a result of the 1993 Omnibus in the national interest. respect from the Republicans, and as Budget Reconciliation Act. So it is Mr. SKAGGS. I thank the gentleman the poor man’s totals fall in the pri- hard to imagine where we would be if for his comments. One of the things maries they whack him again. But to this constitutional amendment had that is most odd about this particular pass a constitutional amendment to been put into place, say, back in the proposal, and I mentioned a few min- make it virtually impossible to raise 1970’s or 1980’s. utes ago, is not just the substance and tariffs, that seems to me one more in- Mr. SKAGGS. Well, as I mentioned a the, I think, unexamined consequences dignity they would heap upon Mr. Bu- few minutes ago, and it may be worth of the substance, but the manner by chanan, but apparently that is what just going through the list of those which it is going to be brought to the this amendment would do, because States whose Senators, if they happen House on April 15. under this amendment you could not to decide to coalesce in opposition be- We have been joined by our distin- raise tariffs. He talked about raising cause small States might be affected in guished colleague from Massachusetts, tariffs. Indeed, we have legislatively some way or other, States that could a member of the Committee on the Ju- ceded to the President the right to effectively block any future tax legis- diciary. I wonder if he might enlighten raise tariffs, as we all know, in particu- lation if this were in the Constitution, us a bit more about what the process lar cases. You can raise a tariff in the because if you add up the Senators that has been followed or not followed case of dumping. It is a countervailing from Vermont, Delaware, Montana, in this case looks like? tariff. You might raise a tariff in a par- Wyoming, North Dakota, South Da- Mr. FRANK of Massachusetts. Well, I ticular case by denying somebody kota, Alaska, Rhode Island, New thank the gentleman from Colorado for most-favored-nation treatment, et Hampshire, Nevada, Maine, Hawaii, taking the initiative on this special cetera. Idaho, Utah, Nebraska, New Mexico, order and for yielding to me. But ‘‘en- Well, we cannot delegate to the and West Virginia, that is more than lightenment’’ is hardly the right word, President by more than we have our- one-third of the Senate, represents because the Republican leadership is selves. If it takes us two-thirds to raise about 9 percent of the population of the determined that this will not be the a tariff, it would obviously take two- country, and that group of Senators product of an enlightenment, but rath- thirds to pass a bill that would dele- would be in a position to call the shots. er of the dark ages, because one of the gate to the President the right to raise Now, I do not know whether that things they do not want is for anyone a tariff. So our ability to defend our- comports with the gentleman’s sense of to really have a chance to think about selves in trade by higher tariffs, that adherence to the fundamental prin- this proposal. would also take two-thirds. ciples of this democratic, small ‘‘r,’’ re- I am the senior minority member on In addition, it was pointed out and publican, but it certainly offends mine. the Subcommittee on the Constitution conceded by the sponsors of the amend- Mr. MORAN. I agree it would offend of the Committee on the Judiciary. We ment, that going to a flat tax would mine, too. We would hasten to add all had a hearing on this a couple of weeks take two-thirds. So now they are not H2862 CONGRESSIONAL RECORD — HOUSE March 26, 1996 only going after Buchanan, they are two-thirds to raise the taxes later on, ginia, one of the things that has been a going after Steve Forbes. This amend- then it may not be prudent to reduce regular topic of debate around here the ment is the revenge of the congres- them temporarily. last few months has been questions of sional Republicans and their upstart The whole notion which we may corporate welfare, closing corporate candidates. reach of a temporary tax reduction, tax loopholes. Will we be able to deal b 1600 you will have to say, wait a minute, if with that kind of proposal? we temporarily reduce them, we will Mr. FRANK of Massachusetts. The Because going to a flat tax means need two-thirds to put them back up gentleman has a perfectly appropriate you increase the base. And the lan- again. That seems to me to be a grave question. Let me say, I do want to say guage of the amendment clearly says, error. This is not only substantially a to my friend from Colorado, it just if you increase the tax base, if you tax grave mistake, procedurally it is a struck me, when he mentioned we are more items, if you take away an ex- complete and total botch. from Virginia and Massachusetts, we emption for mortgage interest, if you Mr. SKAGGS. I appreciate the gen- represented the people who voted on take away an exemption for charitable tleman’s insights into the way we will the original Constitution. Colorado was deductions, that requires two-thirds. In be confronted with this on April 15, as- not around to get involved in the origi- fact, one of the sponsors, our former suming the leadership sticks to its in- nal one, so the Republicans are being colleague, the junior Senator from Ari- tentions. very generous by letting you in. But I zona, said, well, do not pass this con- Mr. FRANK of Massachusetts. Stick- think the Philadelphia convention had stitutional amendment until we get to ing to their guns, they are very good at a little better set of procedures than a flat tax. Another one said, no, we do that. They stuck to their assault weap- the current group. not agree with that. So there was a ons last Friday. So I assume they will Any effort to close loopholes, any ef- certain amount of confusion about stick to their guns. They are very good fort to diminish tax preferences that this. at sticking to their gun owners. wealthy people now have, any effort to This is the vehicle they are talking Mr. SKAGGS. The gentleman has say, for instance, that the tax code en- about taking right from this intellec- served on the Committee on the Judici- courages people to go overseas more tual chaos to the floor of the House. ary how many terms? than they should, the effort we had Then apparently another non- Mr. FRANK of Massachusetts. This is earlier to close the tax loophole on peo- committee intervened because it is my eighth term. ple who want to renounce their citizen- going to be a nonjudiciary bill. But the Mr. SKAGGS. Has there ever been a ship but retain their money, all of chairman of the Committee on Ways case before this Congress when the those would require two-thirds. As and Means, who is a thoughtful individ- Committee on the Judiciary com- hard as it has been to deal with any of ual, the gentleman from Texas, appar- pletely failed to mark up a constitu- that loophole closing or excessive cor- ently looked at this and said, wait a tional amendment? porate luxury that we have done so far, minute, you cannot require us to take Mr. FRANK of Massachusetts. I do going from a majority to two-thirds two-thirds to go to a flat tax. He wants not remember one. I was told that would make it infinitely harder. to go to a consumption tax. I think when the equal rights amendment Mr. SKAGGS. Does the gentleman there is a lot to be said for the ap- came before us, I do remember it came from Virginia have thoughts on that proach of the gentleman from Texas, before us under a suspension of the topic? but it would take two-thirds to do that. rules. It was my impression that it had Mr. MORAN. Just to underscore the He says, you cannot do this to tariffs. gone through the committee. It had point that the gentleman from Massa- So apparently we are now having a certainly gone through the amendment chusetts [Mr. FRANK] made, we have conference between the Committee on previously. had so many proposals that would have Ways and Means and the Committee on I do not remember a constitutional required an offset in the revenue code the Judiciary except not with the com- amendment coming up that never went to do the right thing. In most cases mittees. We are going from a through the committee. You have to people recommend ways to reduce nonmarkup in the Committee on the say, in defense of the Republican lead- taxes because that is what the public Judiciary to a nonmarkup in the Com- ership, the bill to combat terrorism seems to prefer, obviously. But there mittee on Ways and Means, on as sig- went through the Judiciary Commit- have been several other measures that nificant a piece of legislation as we can tee, but after it went through the com- have been suggested by the Republican have, an amendment to the Constitu- mittee because the right wing in this majority, such as phasing out much of tion, something which has happened 27, Congress did not like it, it got totally the benefits of the earned income tax 28 times in our 200-plus years. That is changed before it came to the floor credit. being now privately discussed by some anyway. Similarly with the immigra- That was about $32 billion, a major very able people, but they are privately tion bill, the Committee on the Judici- component of the tax reduction and discussing it. It is a shambles of a way ary voted out the immigration bill, but budget resolution proposal that the to legislate. some people in the right wing did not majority suggested. Yet that never It will come to the floor without any like it so they changed it around. You could have even been on the table be- committee consideration, with uncer- people on judiciary, we are just being cause it in effect is an income tax in- tainty. Does this affect the flat tax; considerate. What is the point of you crease and in fact would have required does it affect the tariff? What it shows wasting your time engaging in a model a two-thirds vote, which never would is this is a search for a political gim- U.N. here, having all these debates. We have passed. mick. No one could think we would se- are going to do whatever we want on Mr. Speaker, obviously the situation riously legislate in this way. the floor anyhow. where people renounce their citizen- Let me add one other flaw that oc- But we are going to suffer in this ship so they can avoid taxes due, that curs to me on this. That is, the amend- case because with regard to tariffs, would have amounted to $3.6 billion. ment would, of course, allow you to re- with regard to a flat tax, there are seri- That would never be on the table be- duce taxes by a majority, but it would ous questions here. Apparently these cause obviously that is an income tax take two-thirds to raise them. But I serious questions are going to be re- increase and obviously in conflict with think in effect this would also make it solved not through some open debate in this legislation. But we can go through harder for future Congresses to cut committee with the press involved but virtually every significant tax proposal taxes. Because if you are in a situation through private conversations between that has been made by both sides of where you say, you know, things are Members of the Committee on the Ju- this aisle and in some way violates the looking very good now, and we are in a diciary, sponsors of the bill and mem- two-thirds income tax increase restric- sort of a surplus situation, we can af- bers of the Committee on Ways and tions. What the measures that we men- ford to cut taxes now because we can Means, a totally undemocratic proce- tioned earlier, the five major tax bills always raise them back again if later dure. that have been enacted since 1980, on we need them, people will be reluc- Mr. SKAGGS. Let me ask either the every single one of them but one—actu- tant to do that. Because if it takes gentleman from Massachusetts or Vir- ally one of them passed with two-thirds March 26, 1996 CONGRESSIONAL RECORD — HOUSE H2863 of the vote, but none of the others on the part of many in the majority ture with one of the most complicated would have passed—every single one of that their ideological agenda is un- and nuanced subjects that we ever face them would have been in violation of popular with the American people. around here, namely the tax code, de- this two-thirds requirement. That is what is at stake here. Increas- prive them of their ability or make Mr. Speaker, I mentioned to Mr. ingly we are being given proposals that them basically the captive of 34 Sen- FRANK and Mr. SKAGGS earlier, some- limit what the majority can do. If we ators and their inability to deal with times we wonder why we need save are in fact confident that the majority that subject is beyond me. them from themselves, but the point of is on our side, then we do not try to In effect, we are saying to those that this is that we all have an obligation to limit them. But what we have are peo- are going to come after us in this Con- protect the Constitution. ple who have found out, I think, that, gress, we do not care what the particu- We all have really an obligation to do while the general public disagreed with lar circumstances may be that you are some reading on the history of the Con- a lot of what the Government was going to face in 10 to 20 years. We sim- stitution to understand that this very doing, there is on the part of the public ply do not trust the majority of you to issue was debated at length by the an unwillingness to dismantle the Fed- exercise your judgment to carry out Founding Fathers when they realized eral Government as much as people on the will of the then-majority of Amer- that the requirement to have 9 out of the other side think. ican citizens. Our expectation is that the 13 original States, at that time They were, as we know, surprised you are going to be incompetent to do they were not all States, they were that, when they shut down the Govern- that, that you have got to have two- commonwealths and the like, but to ment as a deliberate tactic on several thirds. have 9 of the 13 States proved totally occasions earlier this year, the public b 1615 unworkable. The U.S. Government was was upset. Many Republicans said no- Mr. Speaker, that seems to me to be not functioning, and so they went back body will care. Well, they were wrong. to majority rule. They had their turn a very arrogant and presumptuous act The American people cared deeply for us to take. It also, as the gen- at that time to put in a constitutional about their Government because their provision making it more difficult to tleman from Virginia has pointed out, Government is doing things that on the ignores our history, and one of the raise taxes. They deliberately chose whole they have asked it to do. They after extensive debate not to do that. things that is for me most profound understand, therefore, that they are about the honor of serving here is our And for us now to treat the Constitu- not going to win this increasingly on a tion, as the gentleman from Colorado job as carrying the legacy of the bril- majority situation. So what they are [Mr. SKAGGS] described as some kind of liant people who drafted the Constitu- trying to do is fix the game, require rough working draft, I think does a tion and set up our system of Govern- two-thirds so that on those occasions great disservice to the American peo- ment and who did so because the when a majority disagrees with them ple and to the future of this Nation. supermajority requirements of the Ar- Mr. Speaker, I know we have the and wants to do more in health care ticles of Confederation were wholly most compelling arguments on our and environmental protection and in dysfunctional. They recognized that, side. I cannot imagine why they would law enforcement than they want to do, for this Republic to survive, the fun- bring up this kind of legislation with- they will not have to appeal to a ma- damental principle of free Government out debate. We are going to go on vaca- jority. They will have this minority absolutely had to be majority rule and tion for the next 2 weeks. That is why veto that they can inflict. That is what that to cede that responsibility to the the gentleman from Colorado is bring- is at stake. minority was a prescription for failure, ing this up because we are not even Mr. MORAN. Mr. Speaker, I would which we ought to keep in mind as we going to have time to debate it. Yet just like to make a point, too. When we deal with this amendment. they would bring it up and attempt to look at the historical record and what The gentleman from Massachusetts. pass a constitutional amendment cre- is forcing this issue, I cannot really Mr. FRANK of Massachusetts. Yes, I ating a totally unworkable situation. find anything other than purely ap- think that is exactly what is at stake Mr. SKAGGS. Mr. Speaker, I thank peasing those in our economy who sim- here, but I think we have to give it the gentleman for his participation. ply do not like to pay taxes and that some specific content. Mr. FRANK of Massachusetts. Mr. some Members would pander to and put The current Republican majority in Speaker, if the gentleman will con- their interests ahead of the national Congress won the 1994 election, and tinue to yield, we ought to emphasize, interest. they won it, they got more votes than he may have already done this, when But the reality is that, if we look we got. I think they won in part be- the gentleman from Virginia talks back at taxes as a percent of gross do- cause of dissatisfaction with what the about the prior tax bills, many of those mestic product, in 1981, during the Government was doing. Many of them tax bills were listed as tax reductions Reagan administration, they were 20.2 misunderstood that to mean opposition and in gross they were. That is, several percent. In 1982, they were 19.8 percent, to the Government in general. It is pos- of them meant that the Government almost 20 percent, but they have sible to be critical of waste and excess collected less taxes when we were stayed under 20 percent now since for and sloppiness and not believe the Gov- through than when we started. Despite the last 26 years. It is remarkable how ernment should get of the business. the fact that they were, several of consistent they have been. And they have increasingly learned them, listed as tax reductions, none of Mr. Speaker, what needs to be done, that now the public is far more sup- them would have been allowed without it would seem to me, is to make that portive of environmental policies than a two-thirds vote because tax reduc- level of tax revenue fair, to make it many of the Republicans, not all, but tions never in my experience are bills such that it will stimulate our econ- many of the Republicans, understand. that only reduce. They reduce overall, omy, to make it such that its priorities The public likes the notion of the Fed- but they offset the reductions by in- are representative of the American eral Government helping with college creasing in some areas. people’s priorities. But to take away educations, helping with law enforce- Unless we believe that we have as eq- our ability to make those tough deci- ment, helping with medical care, and uitable a Tax Code as we are ever going sions, to exercise the judgment that we they have a dilemma. They have the di- to get and that the balance of taxes were elected to make just does not lemma of having a very ideological should never be changed, then we seem to be in the national interest or agenda which says, in the words of the should be against this amendment. the interest of this body. majority leader, the Government is This amendment means that any effort Mr. SKAGGS. Mr. Speaker, let me dumb and the markets are smart, and to shift the balance, any effort to say just say in concluding, I think there at a time when people are not so sure that there are some elements that are are a couple of things we can be sure of that the markets are fair, how do you not doing a fair amount and there are or at least we ought to allow to humble prevent the public from having the others that are, we would have to take us. One is our inability to predict the Government play a more active role two-thirds to deal with that. future. Why in the world we would than they want ideologically? Mr. Speaker, what it shows is also a want to deprive our successors in the That is their dilemma because the fundamental understanding, I believe, body of their ability to deal in the fu- public is getting away from them and H2864 CONGRESSIONAL RECORD — HOUSE March 26, 1996 not supporting these cutbacks, and it ican people in their State constitu- in parts of the country was so bad that reminds me of my favorite musical, the tional conventions will kill it, but people with even minor health prob- musical ‘‘Fiorello,’’ and when he wins, somebody else will do the responsible lems were confined to their homes, and and he was not supposed to win, the thing, allowing them to do the cynical soil and building contamination was to bosses are walking around very thing to get votes by voting for this an extent that our children showed ele- grumpily, and there is one set of lines constitutional amendment, believing vated levels of lead poisoning in na- in the song where they say, ‘‘How did and hoping that it will never become tionwide blood tests. These problems we know the people would go to the law. led Republican President Richard polls and elect a fanatic?’’ And the Mr. FRANK of Massachusetts. Mr. Nixon to create the Environmental other one says, ‘‘The people can do Speaker, that is very reassuring be- Protection Agency to clean up the what they want to, but I got a feeling cause that gives us two chances to kill country. it ain’t democratic.’’ it: one with better minds; and, two, We have done a good job in getting Mr. Speaker, I think that is a di- with the Senate as apparently an alter- started—but we still have a long way lemma that our friends have over native line of defense there. to go, and we can do better. That’s there. They are afraid that what the Mr. SKAGGS. Let me suggest that we what this new Congress should be people want to do to them ‘‘ain’t’’ take the words of James Madison as a about. democratic and, therefore, they are benediction to this particular discus- In the three decades since the cre- going to restrict the ability of a major- sion, and just quoting from the last ation of our environmental laws, we ity of the American people, acting part of Federalist Paper No. 58, Madi- have seen what began as strong meas- through their legislators, to decide 5 son on this very point wrote as follows: ures to protect our natural resources years from now, 10 years from now, 20 ‘‘It has been said,’’ this is referring turn into a tidal wave of regulations years from now that they would like to the debates in the Constitutional and lawsuits that stifle our economy, the Government to play more of a role Convention about wanting more than a usurp local and State autonomy, and in this or that area, or that they would simple majority for certain kinds of infringe on the constitutional rights of like the tax code to be fairer. They legislation, quote, ‘‘it has been said property owners, while accomplishing would like wealthier people to pay a that more than a majority ought to very little in the way of real protection higher percentage. have been required in particular cases or cleanup. If we were to decide, for instance, for a decision.’’ That some advantages This is generally what happens with that the Social Security payroll tax, might have resulted from such a pre- every Federal agency or endeavor, which is a very regressive tax, unfairly caution cannot be denied. It might given enough time. Because when we burdens a lot of working people, and we have been an additional shield to some create laws and agencies to address a want to alleviate that by changing the particular interests and another obsta- nationwide problem, we at the same mix, we could not do that. If we wanted cle, generally, to hasty and partial time create a new industry comprised to say that wealthy people ought to measures. But these considerations are of Government bureaucrats; private pay more of their income toward the outweighed by the inconveniences in sector consultants, experts, and con- the opposite scale. In all cases where Social Security tax instead of having it tractors; specialized trial attorneys; justice or the general good might re- cut off, we would need two-thirds, and and consumer activist groups. quire new laws to be passed or active what we have are people who, I would All these groups have a powerful measures to be pushed, the fundamen- give them credit for perception, they vested interest in seeing that the origi- tal principle of free government would understand that their very right-wing, nal nationwide problem is not only not be reversed. It would no longer be the ideological agenda is increasingly un- solved, but continues to be an ever- majority that would rule. The power popular with a lot of people, and, there- growing problem, expanding their in- would be transferred to the minority. fore, while they still have something of I do not think we should do that. dustry, careers, and incomes into per- a majority, they are going to try and petuity. f change the rules so that that majority With groups like Ralph Nader’s Citi- will not be able to work its will. PROTECTING OUR ENVIRONMENT zen Action, the Energy Research Foun- Mr. MORAN. Two words might be ap- The SPEAKER pro tempore. Under dation, Greenpeace, and the like, we plicable here, and that is hypocrisy and the Speaker’s announced policy of May have created a cottage industry raising cynicism. Certainly it is the height of 12, 1995, the gentleman from Georgia millions of dollars a year, that would hypocrisy to pass a rule at the begin- [Mr. NORWOOD] is recognized for 60 min- be put out of business if we ever really ning of a game, as we did on the very utes as the designee of the majority solved our environmental problems. first legislative day of this session of leader. The trial attorneys that have become Congress back in January 1995, when Under the Speaker’s announced pol- emeshed in our cleanup efforts are we passed a rule saying that three- icy of May 12, 1995, the gentleman from costing us $900 million a year—money fifths’ vote would be required any time Georgia [Mr. NORWOOD] is recognized that could be used on actually cleaning you raise taxes, and then every time for 60 minutes as the designee of the up waste sites, but is instead siphoned that we have had a tax bill, the Com- majority leader. away without a single shovelful of mittee on Rules has had to waive that Mr. NORWOOD. Mr. Speaker, the waste being touched in return. exemption. Talk about hypocrisy; to Federal Government has a vital role to The principles behind environmental get credit for passing a law, and then play in protecting our environment. If legislation are good—the problem is every time that it would apply, to we are to preserve and build on the tre- how they are enforced and carried out. waive it. mendous gains we have made in the But to even suggest reform or change But then cynicism, and I think the last two decades in cleaning up our in the status quo is to invite the wrath term cynicism applies here because we land, air, and water, we must have Fed- of these special interests, and that is do not have that ability to waive it if eral guidelines enforced by an active where we find ourselves today in it becomes a constitutional amend- and revitalized Environmental Protec- searching for better ways to clean up ment. But the Members on the other tion Agency working in close coopera- our environment. side have got to be thoughtful enough tion with our States and local govern- There is probably no better example to know that this would be unworkable ments. of this than the ongoing effort to re- if it became a constitutional amend- Now that I have shattered your opin- form the Superfund Clean-Up Program. ment. And so what is driving it? ion of conservative Republican views This program came into existence in Well, one would have to believe that on the environment, we can get down 1980 with the noble goal of identifying it is a certain element of cynicism, to nuts and bolts of how we accomplish and cleaning up the worse cases of site knowing perhaps that they are not the goals on which I think we all pollution and contamination in the likely to be in office when it applies to agree—for we are all environmental- country, called National Priorities List subsequent Congresses or believing ists. Sites, or NPL’s. In addition, secondary that better minds will prevail, that the Thirty years ago many of our rivers pollution sites were identified as Senate will kill it or that the Amer- were horribly polluted, our air quality ‘‘brownfield sites’’ that also badly March 26, 1996 CONGRESSIONAL RECORD — HOUSE H2865 needed cleaning up, but were not as before the efforts began. The children safer, and cleaner. We all want to pro- critical to overall public health as the in the neighborhood continue to play tect our natural resources and wildlife. NPL sites. on their public school playgrounds next But we must start doing it better, with A small amount of the funds to ac- to arsenic-contaminated drainage an eye on concrete results. complish this mammoth task come ditches. But the court costs have run in That means cleaning up every one of from the taxpayer, and most comes the millions in the on-going litigation, the Superfund sites in the country, from a special tax on industries and and EPA experts and consultants have saving as much money as we can based products that tend to create pollution. justified their salaried positions at tax- on good science. We take in around $1.5 billion a year payer expense by the dozens of studies The regulators must be accountable from this combination of taxes on oil undertaken as the project drags on, and responsible for their actions. The and chemicals, and the overall cor- year after year. We don’t need to talk regulations must be changed to em- porate environmental tax. In addition, about it any longer, we need to clean it brace State and local control, and take individual companies that played an up. into effect not just the letter of the original role in creating one of these Our need to revitalize our efforts to law, but the intent. NPL sites pay as large a portion of the protect the environment are certainly My friend Sam Booher in Augusta, total clean-up costs as can be ex- not limited to just Superfund. Should one of the most knowledgeable and tracted. There are 1,300 NPL sites in Washington bureaucrats be allowed to dedicated environmentalists in the the country, and another 450,000 tell you the same water treatment reg- country, knows far more about what is brownfield sites. ulations that apply to Anchorage, AK, needed to protect our natural resources How are we doing in achieving this should also apply to Augusta, GA? in East Central Georgia than any bu- mission? Ninety-one sites have been What works most effectively to return reaucrat in Washington, and we need to cleaned up in the 16 years the clean water to our waterways in one start letting people like Sam have a Superfund has been in existence; 91 out geographic location may not be as ef- larger voice in this fight. What we attempt to do by cutting of 1,300. fective from an environmental or cost funding for the EPA is get the Wash- The average cleanup has taken 12 to standpoint in another, yet we continue ington bureaucrats’ attention. We want 15 years to complete, and cost more with the Federal concept of one size fewer Federal agents that, in the words than $30 million a site. fits all, to the detriment of our envi- Of those 12 to 15 years spent on each of Thomas Jefferson, ‘‘swarm across ronment. our land to eat our sustenance.’’ We site, 10 years are spent in the courts, in Do we follow the latest special-inter- want our tax dollars used to cleanup negotiations, and on bureaucratic stud- est fad to pass new restrictions on our environment, not pay the 1,000 law- ies and redtape. It takes only 2 years to chlorine levels in municipal water sup- yers that work for the EPA, not pay actually get the job done. plies based on suspect findings by EPA the bureaucrats to do one redundant Of the $30 million spent on each site, researchers? This is exactly the direc- study after another. We want our envi- half of the money goes to trial lawyers tion we are heading, and that is not and Federal bureaucrats. Of the $25 bil- ronment cleaned up now. good science. And what do we get for trying to add lion spent since 1980, that’s nearly $12 We cannot base massive expenditures common sense to our environmental billion going to trial attorneys, sala- of Federal money based on a research- laws, for trying to use our fewer and ries at the EPA, and studies on how to er’s ‘‘best guess’’ about a possibility of fewer Federal dollars more wisely? We clean up instead of just getting the job a risk—we have too many real environ- are attacked by the President and his done—for that we were only left around mental threats that we have put off liberal allies in Congress for their po- $13 billion. dealing with for years. And if we do litical gain. We are attacked by the So while we spend our Superfund allow environmental scare tactics push trial lawyers for their monetary gain. money and time on courts, bureau- us into ‘‘bad science’’ decisions on We are attacked by the bureaucrats to crats, studies, and lawyers, 10 million chlorine reductions, we greatly in- save their jobs. And we are attacked by children under the age of 12 continue to crease the risk of fecal coliform bac- Ralph Nader for if we succeed he loses live within 4 miles of a waste site— terial infections in both humans and most of his funding. breathing the air, and drinking the wildlife as a result. That is a known We need to increase our Federal ef- water. At today’s pace, these children factor, and a guaranteed result. forts to preserve and protect our envi- will be in their midtwenties before the There are a pair of bald eagles that ronment, but it must be done more sites are cleaned. nest on an island in the Savannah wisely and effectively. Our enemy is That’s why we introduced the Reform River across from my house. I love not industry, farmers, the EPA, or even of Superfund Act, or H.R. 2500 this past those eagles, am very personally pro- regulations themselves—it is the Wash- year to reform the way we clean up tective of them, and feel that our laws ington bureaucracy that continues to these sites. So far, we have held 17 con- need to do the same. expand from our efforts to save our gressional hearings, heard testimony But what about the cotton farmer natural resources, while our children from 159 witnesses on ways to improve that has a pair of nesting eagles on his continue to live with pollution, and and speed up the process, and have con- farm? The farmer has lived on his land real protection takes a back seat to ducted over 50 bipartisan meetings on all his life. He feeds his family by grow- funding special interests. the effort. ing cotton. But then the bureaucrats b In return for these efforts, we are at- tell him that he can keep his land, but 1630 tacked by the special interests whose he can’t grow cotton because the pes- Mr. Speaker, I have never run for po- cash-flow would be cut if we succeed. ticides to keep away the boll weevil litical office before, and I am a fresh- The Ralph Nader faction under the may interfere with the eagles’ nesting. man and new to this field. As most peo- guise of Citizen Action has mounted an That farmer knows his land. He ple who are willing to come to Wash- all-out campaign to stop the efforts. knows about the nesting eagles. His ington and serve, each of us have prior- Why? One of their main backers is the neighbor that grows cotton was just ities. I was very interested and am in- Trial Lawyers Association, which put out of business because he too had terested and will stay interested in us would stand to lose millions if the nesting eagles. The farmer kills the ea- balancing our budget. It is not hard to Superfund were used to clean up pollu- gles so the bureaucrats can’t stop him understand why. I would like for my tion instead of paying lawyers. from growing cotton and feeding his children and my grandchildren to live There is no better example of this family. He buries the eagles, no one the American dream, and move into than in my own district. The area sur- ever knows, and we all lose a valuable the 21st century, have a decent job, and rounding the now-closed Southern and irreplaceable natural resource. be able to keep enough of their own in- Wood Piedmont Plant in Augusta has Shouldn’t we have regulations that come so they can be responsible for been under study and court action for protect the eagles and the homo sapi- themselves, and so they can live in an years now. Yet the Hyde Park neigh- ens—the man and his family? America that is better than my Amer- borhood most affected by the arsenic We all want environmental policy ica when I grew up. That is our respon- contamination remains just as it was where Americans will be healthier, sibility. I am very interested in that. H2866 CONGRESSIONAL RECORD — HOUSE March 26, 1996

I want to make sure my children and Mr. MANZULLO. 2299. A letter from the Administrator, En- grandchildren do not have to go to war. Mr. COMBEST. vironmental Protection Agency, transmit- There is only one way to keep that Mr. GILMAN. ting the 1994 national water quality inven- tory report, pursuant to 33 U.S.C. 1315(b)(2); from happening, and that is to have a Mrs. JOHNSON of Connecticut. to the Committee on Transportation and In- Mr. GALLEGLY. very, very strong defense. That is our frastructure. best bet to keep our children out of (The following Members (at the re- 2300. A letter from the Assistant Attorney war. quest of Mr. NORWOOD) and to include General of the United States, transmitting a Following that, it only makes sense, extraneous matter:) report entitled ‘‘Child Victimizers: Violent one could only conclude that if you are Ms. WATERS. Offenders and Their Victims,’’ pursuant to interested in the 21st century for your Mrs. MINK of Hawaii. Public Law 103–322, section 320928(h) (108 children economically, so they can Mr. GALLEGLY. Stat. 2133); jointly, to the Committees on the have a good job, have a good standard Ms. SLAUGHTER. Judiciary and Economic and Educational Op- portunities. of living, you could not possibly not be Mr. LIGHTFOOT. interested in them having clean water. f f You could not possibly not be inter- SENATE BILL REFERRED PUBLIC BILLS AND RESOLUTIONS ested in them having clean air. What good will it do for them to have a good A bill of the Senate of the following Under clause 5 of rule X and clause 4 job and pay only reasonable taxes if title was taken from the Speaker’s of rule XXII, public bills and resolu- they cannot drink their water or table and, under the rule, referred as tions were introduced and severally re- breathe their air? follows: ferred as follows: Mr. Speaker, I know that there is a S. 1459. An act to provide for uniform man- By Mr. SHUSTER (for himself, Mr. lot that has been said about this Re- agement of livestock grazing on Federal OBERSTAR, Mr. DUNCAN, MR. LIPINSKI, land, and for other purposes; to the Commit- Ms. MOLINARI, and Mr. WISE): publican Congress in terms of the envi- tee on Natural Resources and the Committee H.R. 3159. A bill to amend title 49, United ronment, but I believe that if we can on Agriculture. States Code, to authorized appropriations for get past those who wish to reach politi- f fiscal years 1997, 1998, and 1999 for the Na- cal gain, those who wish to make tional Transportation Safety Board, and for money out of this argument, we can in ADJOURNMENT other purposes; to the Committee on Trans- this Congress pass environmental laws Mr. NORWOOD. Mr. Speaker, I move portation and Infrastructure. that will clean up this country and that the House do now adjourn. By Mr. ARCHER (for himself, Mr. BLI- LEY, Mr. GOODLING, Mr. HYDE, Mr. keep it cleaned up, as opposed to con- The motion was agreed to; accord- THOMAS, Mr. BILIRAKIS, Mr. FAWELL, tinuing to sink millions and millions ingly (at 4 o’clock and 43 minutes Mr. MCCOLLUM, and Mr. HASTERT): and millions of dollars into bureau- p.m.), under its previous order, the H.R. 3160. A bill to amend the Internal Rev- cratic redtape and into the pockets of House adjourned until tomorrow, enue Code of 1986 to improve portability and our trial lawyers. Wednesday, March 27, 1996, at 2 p.m. continuity of health insurance coverage in Mr. Speaker, I appreciate having the f the group and individual markets, to combat opportunity this afternoon to get this waste, fraud, and abuse in health insurance off my chest. EXECUTIVE COMMUNICATIONS, and health care delivery, to promote the use ETC. of medical savings accounts, to improve ac- f Under clause 2 of rule XXIV, execu- cess to long-term care services and coverage, SPECIAL ORDERS GRANTED to simplify the administration of health in- tive communications were taken from surance, to reform medical liability, and for By unanimous consent, permission to the Speaker’s table and referred as fol- other purposes; to the Committee on Ways address the House, following the legis- lows: and Means, and in addition to the Commit- lative program and any special orders 2293. A letter from the Chairperson, Na- tees on Commerce, Economic and Edu- heretofore entered, was granted to: tional Council on Disability, transmitting cational Opportunities, and the Judiciary, (The following Members (at the re- the Council’s annual report volume 16, fiscal for a period to be subsequently determined quest of Mr. JONES) to revise and ex- year 1995, pursuant to 29 U.S.C. 781(a)(8); to by the Speaker, in each case for consider- tend their remarks and include extra- the Committee on Economic and Edu- ation of such provisions as fall within the ju- neous material:) cational Opportunities. risdiction of the committee concerned. 2294. A letter from the Administrator, Gen- By Mr. CRANE (for himself, Mr. GIB- Mr. GUTKNECHT, for 5 minutes, on eral Services Administration, transmitting BONS, and Mrs. KENNELLY): March 28. GSA’s investigation of the costs of operating H.R. 3161. A bill to authorize the extension Mr. SHADEGG, for 5 minutes each day, privately owned vehicles based on calendar of nondiscriminatory treatment (most-fa- on March 27, 28, and 29. year 1995 data, pursuant to 5 U.S.C. 5707(b)(1); vored-nation treatment) to the products of Mr. BURTON of Indiana, for 5 minutes to the Committee on Government Reform Romania; to the Committee on Ways and each day, on March 27, 28, and 29. and Oversight. Means. Mr. MICA, for 5 minutes each day, on 2295. A letter from the Chairman, National By Ms. DELAURO: March 27 and 28. Endowment for the Humanities, transmit- H.R. 3162. A bill to facilitate efficient in- ting the annual report under the Federal vestments and financing of infrastructure Mr. CANADY of Florida, for 5 minutes, Managers’ Financial Integrity Act for fiscal projects and new job creation through the es- on March 27. year 1995, pursuant to 31 U.S.C. 3512(c)(3); to tablishment of a National Infrastructure De- f the Committee on Government Reform and velopment Corporation, and for other pur- poses; to the Committee on Transportation EXTENSION OF REMARKS Oversight. 2296. A letter from the Director, Office of and Infrastructure, and in addition to the By unanimous consent, permission to Management and Budget, transmitting a re- Committees on Banking and Financial Serv- revise and extend remarks was granted port entitled ‘‘Agency Compliance with Title ices, and Ways and Means, for a period to be to: II of the Unfunded Mandates Reform Act of subsequently determined by the Speaker, in (The following Members (at the re- 1995,’’ pursuant to 2 U.S.C. 1538; to the Com- each case for consideration of such provi- mittee on Government Reform and Over- sions as fall within the jurisdiction of the quest of Mr. SKAGGS) and to include ex- sight. committee concerned. traneous matter:) 2297. A letter from the Assistant Secretary By Mr. HASTINGS of Washington (for Mr. OBEY. for Land and Minerals Management, Depart- himself and Mrs. SMITH of Washing- Mr. KILDEE. ment of the Interior, transmitting notice on ton): Mr. KENNEDY of Massachusetts. leasing systems for the Central Gulf of Mex- H.R. 3163. A bill to provide that Oregon Mrs. MEEK of Florida. ico, sale 157, scheduled to be held in April may not tax compensation paid to a resident Mr. HALL of Ohio. 1996, pursuant to 43 U.S.C. 1337(a)(8); to the of Washington for services as a Federal em- Mr. MANTON. Committee on Resources. ployee at a Federal hydroelectric facility lo- 2298. A letter from the Secretary of Trans- cated on the Columbia River; to the Commit- Mr. FAZIO of California. portation, transmitting the Department’s tee on the Judiciary. (The following Members (at the re- evaluation of oil tanker routing, pursuant to By Mr. HASTINGS of Washington: quest of Mr. JONES) and to include ex- Public Law 101–380, section 4111(c) (104 Stat. H.R. 3164. A bill to exempt defense nuclear traneous matter:) 516); to the Committee on Transportation facilities from the Metric System Conversion Mrs. MYRICK. and Infrastructure. Act of 1975; to the Committee on Science. March 26, 1996 CONGRESSIONAL RECORD — HOUSE H2867

By Mrs. JOHNSON of Connecticut: Resolution of 1996’’; which was referred to ‘‘(B) CRITERIA FOR DESIGNATION AS CRITICAL H.R. 3165. A bill to amend title 23, United the Committee on Government Reform and ACCESS HOSPITAL.—A State may designate a States Code, to make funds available for sur- Oversight. facility as a critical access hospital if the fa- face transportation projects on roads func- f cility— tionally classified as local or rural minor ‘‘(i) is located in a county (or equivalent collectors, and for other purposes; to the AMENDMENTS unit of local government) in a rural area (as Committee on Transportation and Infra- Under clause 6 of rule XXIII, pro- defined in section 1886(d)(2)(D)) that— structure. posed amendments were submitted as ‘‘(I) is located more than a 35-mile drive from a hospital, or another facility described By Mr. NEY: follows: H.J. Res. 168. Joint resolution waiving cer- in this subsection, or tain enrollment requirements with respect H.R. 3103 ‘‘(II) is certified by the State as being a to two bills of the 104th Congress; to the OFFERED BY: MR. GUNDERSON necessary provider of health care services to Committee on House Oversight. AMENDMENT NO. 1. At the end of the bill residents in the area; By Mr. FUNDERBURK (for himself, add the following new title (and conform the ‘‘(ii) makes available 24-hour emergency Mr. SMITH of New Jersey, Mr. table of contents accordingly): care services that a State determines are SCARBOROUGH, Mr. GRAHAM, Mr. TITLE V—PROMOTING ACCESS AND necessary for ensuring access to emergency HILLEARY, Mr. JONES, Mr. COX, Mr. AVAILABILITY OF HEALTH COVERAGE care services in each area served by a criti- FOLEY, Mr. GUTKNECHT, Mrs. IN RURAL AREAS cal access hospital; CHENOWETH, Mr. UNDERWOOD, Mr. Subtitle A—Medicare Program ‘‘(iii) provides not more than 6 acute care SALMON, Ms. PELOSI, Mr. BONO, Mr. inpatient beds (meeting such standards as SECTION 501. MEDICARE RURAL HOSPITAL the Secretary may establish) for providing BURTON of Indiana, Mr. SOLOMON, Ms. FLEXIBILITY PROGRAM. inpatient care for a period not to exceed 72 BROWN of Florida, Mr. HASTINGS of (a) MEDICARE RURAL HOSPITAL FLEXIBILITY hours (unless a longer period is required be- Washington, Mr. BAKER of California, PROGRAM.—Section 1820 of the Social Secu- cause transfer to a hospital is precluded be- Mr. POMBO, Mr. COOLEY, Mr. EHRLICH, rity Act (42 U.S.C. 1395i–4) is amended to cause of inclement weather or other emer- Mr. COBLE, Mrs. CUBIN, Mr. ISTOOK, read as follows: Mr. BREWSTER, Mr. BUYER, and Mr. gency conditions), except that a peer review ‘‘MEDICARE RURAL HOSPITAL FLEXIBILITY organization or equivalent entity may, on ROHRABACHER): PROGRAM H. Con. Res. 154. Concurrent resolution to request, waive the 72-hour restriction on a ‘‘SEC. 1820. (a) ESTABLISHMENT.—Any State congratulate the Republic of China on Tai- case-by-case basis; that submits an application in accordance wan on the occasion of its first Presidential ‘‘(iv) meets such staffing requirements as with subsection (b) may establish a medicare democratic election; to the Committee on would apply under section 1861(e) to a hos- rural hospital flexibility program described International Relations. pital located in a rural area, except that— in subsection (c). ‘‘(I) the facility need not meet hospital f ‘‘(b) APPLICATION.—A State may establish standards relating to the number of hours ADDITIONAL SPONSORS a medicare rural hospital flexibility program during a day, or days during a week, in described in subsection (c) if the State sub- which the facility must be open and fully Under clause 4 of rule XXII, sponsors mits to the Secretary at such time and in staffed, except insofar as the facility is re- were added to public bills and resolu- such form as the Secretary may require an quired to make available emergency care tions as follows: application containing— services as determined under clause (ii) and ‘‘(1) assurances that the State— H.R. 218: Mr. ZIMMER and Mr. ROSE. must have nursing services available on a 24- ‘‘(A) has developed, or is in the process of hour basis, but need not otherwise staff the H.R. 1073: Mr. TORRES, Mr. PETRI, and Mr. developing, a State rural health care plan facility except when an inpatient is present, ENSIGN. that— ‘‘(II) the facility may provide any services H.R. 1074: Mr. TORRES, Mr. PETRI, and Mr. ‘‘(i) provides for the creation of one or otherwise required to be provided by a full- ENSIGN. more rural health networks (as defined in time, on-site dietitian, pharmacist, labora- H.R. 1202: Mr. SHAW. subsection (d)) in the State, tory technician, medical technologist, and H.R. 1713: Mr. BARR. ‘‘(ii) promotes regionalization of rural radiological technologist on a part-time, off- H.R. 1916: Mr. BRYANT of Texas and Mr. health services in the State, and site basis under arrangements as defined in BLILEY. ‘‘(iii) improves access to hospital and other section 1861(w)(1), and H.R. 2086: Mr. BLUTE. health services for rural residents of the ‘‘(III) the inpatient care described in clause H.R. 2270: Mr. HYDE. State; (iii) may be provided by a physician’s assist- H.R. 2400: Mr. DAVIS, Mr. DUNCAN, Mr. WIL- ‘‘(B) has developed the rural health care ant, nurse practitioner, or clinical nurse spe- SON, Mr. LIVINGSTON, and Mr. CRAMER. plan described in subparagraph (A) in con- cialist subject to the oversight of a physician H.R. 2510: Mr. MCHALE. sultation with the hospital association of the who need not be present in the facility; and H.R. 2578: Mr. MCHALE. State, rural hospitals located in the State, ‘‘(v) meets the requirements of subpara- H.R. 2579: Mr. SKAGGS, Mr. GUNDERSON, Mr. and the State Office of Rural Health (or, in graph (I) of paragraph (2) of section 1861(aa). MONTGOMERY, and Mr. HEFLEY. the case of a State in the process of develop- ‘‘(d) RURAL HEALTH NETWORK DEFINED.— H.R. 2585: Mr. MILLER of California and Ms. ing such plan, that assures the Secretary ‘‘(1) IN GENERAL.—For purposes of this sec- JACKSON-LEE. that the State will consult with its State tion, the term ‘rural health network’ means, H.R. 2636: Mr. KING. hospital association, rural hospitals located with respect to a State, an organization con- H.R. 2856: Mr. VOLKMER. in the State, and the State Office of Rural sisting of— H.R. 2919: Mr. HOUGHTON and Mr. DOYLE. Health in developing such plan); ‘‘(A) at least 1 facility that the State has H.R. 2925: Mr. STEARNS, Mrs. MYRICK, and ‘‘(2) assurances that the State has des- designated or plans to designate as a critical Mr. NEY. ignated (consistent with the rural health access hospital, and H.R. 3002: Mr. BREWSTER, Mr. KING, and Mr. care plan described in paragraph (1)(A)), or is ‘‘(B) at least 1 hospital that furnishes BARRETT of Nebraska. in the process of so designating, rural non- acute care services. H.R. 3103: Mr. FORBES, Mr. HORN, Ms. MOL- profit or public hospitals or facilities located ‘‘(2) AGREEMENTS.— INARI, Mr. PORTMAN, Mr. NEY, Mr. HOBSON, in the State as critical access hospitals; and ‘‘(A) IN GENERAL.—Each critical access hos- Mr. SHAYS, Mr. HOKE, Mrs. KELLY, Mr. ‘‘(3) such other information and assurances pital that is a member of a rural health net- LONGLEY, Mr. MCHUGH, Mr. BOEHLERT, Mr. as the Secretary may require. work shall have an agreement with respect ENGLISH of Pennsylvania, Mr. GREENWOOD, ‘‘(c) MEDICARE RURAL HOSPITAL FLEXIBIL- to each item described in subparagraph (B) Mr. GILCHREST, and Mrs. FOWLER. ITY PROGRAM DESCRIBED.— with at least 1 hospital that is a member of H.R. 3106: Mr. FROST, Ms. EDDIE BERNICE ‘‘(1) IN GENERAL.—A State that has submit- the network. JOHNSON of Texas, Mr. GENE GREEN of Texas, ted an application in accordance with sub- ‘‘(B) ITEMS DESCRIBED.—The items de- and Ms. NORTON. section (b), may establish a medicare rural scribed in this subparagraph are the follow- H.R. 3119: Mr. GENE GREEN of Texas and hospital flexibility program that provides ing: Mr. KILDEE. that— ‘‘(i) Patient referral and transfer. H.R. 3148: Mr. TORRICELLI. ‘‘(A) the State shall develop at least one ‘‘(ii) The development and use of commu- H.J. Res. 158: Mr. SABO. rural health network (as defined in sub- nications systems including (where fea- f section (d)) in the State; and sible)— PETITIONS ETC. ‘‘(B) at least one facility in the State shall ‘‘(I) telemetry systems, and be designated as a critical access hospital in ‘‘(II) systems for electronic sharing of pa- Under clause 1 of rule XXII, accordance with paragraph (2). tient data. 68. The SPEAKER presented a petition of ‘‘(2) STATE DESIGNATION OF FACILITIES.— ‘‘(iii) The provision of emergency and non- the Council of the District of Columbia, rel- ‘‘(A) IN GENERAL.—A State may designate emergency transportation among the facil- ative to Council Resolution 11–235, ‘‘Transfer one or more facilities as a critical access ity and the hospital. of Jurisdiction over a Portion of Parcel 174/ hospital in accordance with subparagraph ‘‘(C) CREDENTIALING AND QUALITY ASSUR- 15 and Lot 802 in Square 4325, S.O. 85–182, (B). ANCE.—Each critical access hospital that is a H2868 CONGRESSIONAL RECORD — HOUSE March 26, 1996 member of a rural health network shall have (i) in subsection (a)(8) by striking ‘‘rural (II) in paragraph (2), by striking ‘‘rural pri- an agreement with respect to credentialing primary care hospital’’ each place it appears mary care hospital’’ and inserting ‘‘critical and quality assurance with at least 1— and inserting ‘‘critical access hospital’’; and access hospital’’; ‘‘(i) hospital that is a member of the net- (ii) in subsection (b), by striking ‘‘other (ii) in the last sentence of subsection (e), work; than a rural primary care hospital providing by striking ‘‘rural primary care hospital’’ ‘‘(ii) peer review organization or equiva- inpatient rural primary care hospital serv- and inserting ‘‘critical access hospital’’; lent entity; or ices,’’ and inserting ‘‘other than a critical (iii) in subsection (v)(1)(S)(ii)(III), by strik- ‘‘(iii) other appropriate and qualified en- access hospital providing inpatient critical ing ‘‘rural primary care hospital’’ and insert- tity identified in the State rural health care access hospital services,’’; and ing ‘‘critical access hospital’’; plan. (iii) by amending subsection (l) to read as (iv) in subsection (w)(1), by striking ‘‘rural ‘‘(e) CERTIFICATION BY THE SECRETARY.— follows: primary care hospital’’ and inserting ‘‘criti- The Secretary shall certify a facility as a ‘‘(l) PAYMENT FOR INPATIENT CRITICAL AC- cal access hospital’’; and critical access hospital if the facility— CESS HOSPITAL SERVICES.—The amount of (v) in subsection (w)(2), by striking ‘‘rural ‘‘(1) is located in a State that has estab- payment under this part for inpatient criti- primary care hospital’’ each place it appears lished a medicare rural hospital flexibility cal access hospital services is the reasonable and inserting ‘‘critical access hospital’’. costs of the critical access hospital in pro- program in accordance with subsection (c); (J) Section 1862(a)(14) of such Act (42 U.S.C. viding such services.’’. ‘‘(2) is designated as a critical access hos- 1395y(a)(14)) is amended by striking ‘‘rural (3) TREATMENT OF CRITICAL ACCESS HOS- pital by the State in which it is located; and primary care hospital’’ each place it appears PITALS AS PROVIDERS OF SERVICES.—(A) Sec- ‘‘(3) meets such other criteria as the Sec- and inserting ‘‘critical access hospital’’. tion 1861(u) of such Act (42 U.S.C. 1395x(u)) is retary may require. (K) Section 1866(a)(1) of such Act (42 U.S.C amended by striking ‘‘rural primary care 1395cc(a)(1)) is amended— ‘‘(f) PERMITTING MAINTENANCE OF SWING hospital’’ and inserting ‘‘critical access hos- (i) in subparagraph (F)(ii), by striking BEDS.—Nothing in this section shall be con- pital’’. ‘‘rural primary care hospitals’’ and inserting strued to prohibit a State from designating (B) The first sentence of section 1864(a) (42 ‘‘critical access hospitals’’; or the Secretary from certifying a facility as U.S.C. 1395aa(a)) is amended by striking ‘‘a (ii) in subparagraph (H), in the matter pre- a critical access hospital solely because, at rural primary care hospital’’ and inserting ceding clause (i), by striking ‘‘rural primary the time the facility applies to the State for ‘‘a critical access hospital’’. care hospitals’’ and ‘‘rural primary care hos- designation as a critical access hospital, (4) CONFORMING AMENDMENTS.—(A) Section pital services’’ and inserting ‘‘critical access there is in effect an agreement between the 1128A(b)(1) of such Act (42 U.S.C. 1320a– hospitals’’ and ‘‘critical access hospital serv- facility and the Secretary under section 1883 7a(b)(1)) is amended by striking ‘‘rural pri- ices’’, respectively; under which the facility’s inpatient hospital mary care hospital’’ each place it appears (iii) in subparagraph (I), in the matter pre- facilities are used for the furnishing of ex- and inserting ‘‘critical access hospital’’. ceding clause (i), by striking ‘‘rural primary tended care services, except that the number (B) Section 1128B(c) of such Act (42 U.S.C. care hospital’’ and inserting ‘‘critical access of beds used for the furnishing of such serv- 1320a–7b(c)) is amended by striking ‘‘rural hospital’’; and ices may not exceed 12 beds (minus the num- primary care hospital’’ and inserting ‘‘criti- (iv) in subparagraph (N)— ber of inpatient beds used for providing inpa- cal access hospital’’. (I) in the matter preceding clause (i), by tient care in the facility pursuant to sub- (C) Section 1134 of such Act (42 U.S.C. striking ‘‘rural primary care hospitals’’ and section (c)(2)(B)(iii)). For purposes of the pre- 1320b–4) is amended by striking ‘‘rural pri- inserting ‘‘critical access hospitals’’, and vious sentence, the number of beds of the fa- mary care hospitals’’ each place it appears (II) in clause (i), by striking ‘‘rural pri- cility used for the furnishing of extended and inserting ‘‘critical access hospitals’’. mary care hospital’’ and inserting ‘‘critical care services shall not include any beds of a (D) Section 1138(a)(1) of such Act (42 U.S.C. access hospital’’. unit of the facility that is licensed as a dis- 1320b–8(a)(1)) is amended— (L) Section 1866(a)(3) of such Act (42 U.S.C. tinct-part skilled nursing facility at the (i) in the matter preceding subparagraph 1395cc(a)(3)) is amended— time the facility applies to the State for des- (A), by striking ‘‘rural primary care hos- (i) by striking ‘‘rural primary care hos- ignation as a critical access hospital. pital’’ and inserting ‘‘critical access hos- pital’’ each place it appears in subparagraphs ‘‘(g) WAIVER OF CONFLICTING PART A PROVI- pital’’; and (A) and (B) and inserting ‘‘critical access SIONS.—The Secretary is authorized to waive (ii) in the matter preceding clause (i) of hospital’’; and subparagraph (A), by striking ‘‘rural primary such provisions of this part and part C as are (ii) in subparagraph (C)(ii)(II), by striking care hospital’’ and inserting ‘‘critical access necessary to conduct the program estab- ‘‘rural primary care hospitals’’ each place it hospital’’. lished under this section.’’. appears and inserting ‘‘critical access hos- (E) Section 1816(c)(2)(C) of such Act (42 (b) PART A AMENDMENTS RELATING TO pitals’’. U.S.C. 1395h(c)(2)(C)) is amended by striking RURAL PRIMARY CARE HOSPITALS AND CRITI- (M) Section 1867(e)(5) of such Act (42 U.S.C. ‘‘rural primary care hospital’’ and inserting CAL ACCESS HOSPITALS.— 1395dd(e)(5)) is amended by striking ‘‘rural ‘‘critical access hospital’’. (1) DEFINITIONS.—Section 1861(mm) of such primary care hospital’’ and inserting ‘‘criti- (F) Section 1833 of such Act (42 U.S.C. Act (42 U.S.C. 1395x(mm)) is amended to read cal access hospital’’. as follows: 1395l) is amended— (c) PAYMENT CONTINUED TO DESIGNATED (i) in subsection (h)(5)(A)(iii), by striking ‘‘Critical Access Hospital; Critical Access EACHS.—Section 1886(d)(5)(D) of such Act (42 ‘‘rural primary care hospital’’ and inserting Hospital Services U.S.C. 1395ww(d)(5)(D)) is amended— ‘‘critical access hospital’’; (1) in clause (iii)(III), by inserting ‘‘as in ‘‘(mm)(1) The term ‘critical access hos- (ii) in subsection (i)(1)(A), by striking effect on September 30, 1995’’ before the pe- pital’ means a facility certified by the Sec- ‘‘rural primary care hospital’’ and inserting riod at the end; and retary as a critical access hospital under sec- ‘‘critical access hospital’’; (2) in clause (v)— tion 1820(e). (iii) in subsection (i)(3)(A), by striking (A) by inserting ‘‘as in effect on September ‘‘(2) The term ‘inpatient critical access ‘‘rural primary care hospital services’’ and 30, 1995’’ after ‘‘1820 (i)(1)’’; and hospital services’ means items and services, inserting ‘‘critical access hospital services’’; (B) by striking ‘‘1820(g)’’ and inserting furnished to an inpatient of a critical access (iv) in subsection (l)(5)(A), by striking ‘‘1820(e)’’. hospital by such facility, that would be inpa- ‘‘rural primary care hospital’’ each place it (d) PART B AMENDMENTS RELATING TO CRIT- tient hospital services if furnished to an in- appears and inserting ‘‘critical access hos- ICAL ACCESS HOSPITALS.— patient of a hospital by a hospital.’’. pital’’; and (1) COVERAGE.—(A) Section 1861(mm) of (2) COVERAGE AND PAYMENT.—(A) Section (v) in subsection (l)(5)(B), by striking such Act (42 U.S.C. 1395x(mm)) as amended 1812(a)(1) of such Act (42 U.S.C. 1395d(a)(1)) is ‘‘rural primary care hospital’’ each place it by subsection (d)(1), is amended by adding at amended by striking ‘‘or inpatient rural pri- appears and inserting ‘‘critical access hos- the end the following new paragraph: mary care hospital services’’ and inserting pital’’. ‘‘(3) The term ‘outpatient critical access ‘‘or inpatient critical access hospital serv- (G) Section 1835(c) of such Act (42 U.S.C. hospital services’ means medical and other ices’’. 1395n(c)) is amended by striking ‘‘rural pri- health services furnished by a critical access (B) Sections 1813(a) and section mary care hospital’’ each place it appears hospital on an outpatient basis.’’. 1813(b)(3)(A) of such Act (42 U.S.C. 1395e(a), and inserting ‘‘critical access hospital’’. (B) Section 1832(a)(2)(H) of such Act (42 1395e(b)(3)(A)) are each amended by striking (H) Section 1842(b)(6)(A)(ii) of such Act (42 U.S.C. 1395k(a)(2)(H)) is amended by striking ‘‘inpatient rural primary care hospital serv- U.S.C. 1395u(b)(6)(A)(ii)) is amended by strik- ‘‘rural primary care hospital services’’ and ices’’ each place it appears, and inserting ing ‘‘rural primary care hospital’’ and insert- inserting ‘‘critical access hospital services’’. ‘‘inpatient critical access hospital services’’. ing ‘‘critical access hospital’’. (2) PAYMENT.—(A) Section 1833(a) of such (C) Section 1813(b)(3)(B) of such Act (42 (I) Section 1861 of such Act (42 U.S.C. 1395x) Act (42 U.S.C. 1395l(a)) is amended in para- U.S.C. 1395e(b)(3)(B)) is amended by striking is amended— graph (6), by striking ‘‘outpatient rural pri- ‘‘inpatient rural primary care hospital serv- (i) in subsection (a)— mary care hospital services’’ and inserting ices’’ and inserting ‘‘inpatient critical access (I) in paragraph (1), by striking ‘‘inpatient ‘‘outpatient critical access hospital serv- hospital services’’. rural primary care hospital services’’ and in- ices’’. (D) Section 1814 of such Act (42 U.S.C. serting ‘‘inpatient critical access hospital (B) Section 1834(g) of such Act (42 U.S.C. 1395f) is amended— services’’; and 1395m(g)) is amended to read as follows: March 26, 1996 CONGRESSIONAL RECORD — HOUSE H2869

‘‘(g) PAYMENT FOR OUTPATIENT CRITICAL ices provided by a rural emergency access purposes of determining the area wage index ACCESS HOSPITAL SERVICES.—The amount of care hospital and furnished to an individual applicable to the hospital under section payment under this part for outpatient criti- over a continuous period not to exceed 24 1886(d)(3)(D) of such Act for fiscal year 1997, cal access hospital services is the reasonable hours (except that such services may be fur- if the hospital would be eligible for such a costs of the critical access hospital in pro- nished over a longer period in the case of an change in its classification under the stand- viding such services.’’. individual who is unable to leave the hos- ards described in section 1886(d)(10)(D) of (e) EFFECTIVE DATE.—The amendments pital because of inclement weather): such Act (as amended by paragraph (1)) but made by this section shall apply to services ‘‘(A) An appropriate medical screening ex- for its failure to meet the deadline for appli- furnished on or after October 1, 1996. amination (as described in section 1867(a)). cations under section 1886(d)(10)(C)(ii) of SEC. 502. ESTABLISHMENT OF RURAL EMER- ‘‘(B) Necessary stabilizing examination and such Act. GENCY ACCESS CARE HOSPITALS. treatment services for an emergency medical (b) CONTINUING TREATMENT OF PREVIOUSLY (a) IN GENERAL.—Section 1861 of the Social condition and labor (as described in section DESIGNATED CENTERS.—Any hospital classi- Security Act (42 U.S.C. 1395x) is amended by 1867(b)).’’. fied as a rural referral center by the Sec- adding at the end the following new sub- (b) REQUIRING RURAL EMERGENCY ACCESS retary of Health and Human Services under section: CARE HOSPITALS TO MEET HOSPITAL ANTI- section 1886(d)(5)(C) of the Social Security ‘‘Rural Emergency Access Care Hospital; DUMPING REQUIREMENTS.—Section 1867(e)(5) Act for fiscal year 1994 shall be classified as Rural Emergency Access Care Hospital of such Act (42 U.S.C. 1395dd(e)(5)) is amend- such a rural referral center for fiscal year Services ed by striking ‘‘1861(mm)(1))’’ and inserting 1997 and each subsequent fiscal year. ‘‘1861(mm)(1)) and a rural emergency access Subtitle B—Small Rural Hospital Antitrust ‘‘(oo)(1) The term ‘rural emergency access care hospital (as defined in section Fairness care hospital’ means, for a fiscal year, a fa- 1861(oo)(1))’’. cility with respect to which the Secretary (c) COVERAGE AND PAYMENT FOR SERV- SEC. 511. ANTITRUST EXEMPTION. finds the following: ICES.— The antitrust laws shall not apply with re- ‘‘(A) The facility is located in a rural area (1) COVERAGE.—Section 1832(a)(2) of such spect to— (as defined in section 1886(d)(2)(D)). Act (42 U.S.C. 1395k(a)(2)) is amended— (1) the merger of, or the attempt to merge, ‘‘(B) The facility was a hospital under this (A) by striking ‘‘and’’ at the end of sub- 2 or more hospitals, title at any time during the 5-year period paragraph (I); (2) a contract entered into solely by 2 or that ends on the date of the enactment of (B) by striking the period at the end of more hospitals to allocate hospital services, this subsection. subparagraph (J) and inserting ‘‘; and’’; and or ‘‘(C) The facility is in danger of closing due (C) by adding at the end the following new (3) the attempt by only 2 or more hospitals to low inpatient utilization rates and operat- subparagraph: to enter into a contract to allocate hospital ing losses, and the closure of the facility ‘‘(K) rural emergency access care hospital services, would limit the access to emergency services services (as defined in section 1861(oo)(2)).’’. if each of such hospitals satisfies all of the of individuals residing in the facility’s serv- (2) PAYMENT BASED ON PAYMENT FOR OUT- requirements of section 512 at the time such ice area. PATIENT CRITICAL ACCESS HOSPITAL SERV- hospitals engage in the conduct described in ‘‘(D) The facility has entered into (or plans ICES.— paragraph (1), (2), or (3), as the case may be. to enter into) an agreement with a hospital (A) IN GENERAL.—Section 1833(a)(6) of such SEC. 512. REQUIREMENTS. with a participation agreement in effect Act (42 U.S.C. 1395l(a)(6)), as amended by sec- The requirements referred to in section 511 under section 1866(a), and under such agree- tion 501(f)(2), is amended by striking ‘‘serv- are as follows: ment the hospital shall accept patients ices,’’ and inserting ‘‘services and rural (1) The hospital is located outside of a city, transferred to the hospital from the facility emergency access care hospital services,’’. or in a city that has less than 150,000 inhab- and receive data from and transmit data to (B) PAYMENT METHODOLOGY DESCRIBED.— itants, as determined in accordance with the the facility. Section 1834(g) of such Act (42 U.S.C. most recent data available from the Bureau ‘‘(E) There is a practitioner who is quali- 1395m(g)), as amended by section 501(f)(2)(B), of the Census. fied to provide advanced cardiac life support is amended— (2) In the most recently concluded calendar services (as determined by the State in (i) in the heading, by striking ‘‘SERVICES’’ year, the hospital received more than 40 per- which the facility is located) on-site at the and inserting ‘‘SERVICES AND RURAL EMER- cent of its gross revenue from payments facility on a 24-hour basis. GENCY ACCESS CARE HOSPITAL SERVICES’’; and made under Federal programs. ‘‘(F) A physician is available on-call to (ii) by adding at the end the following new (3) There is in effect with respect to the provide emergency medical services on a 24- sentence: ‘‘The amount of payment for rural hospital a certificate issued by the Health hour basis. emergency access care hospital services pro- Care Financing Administration specifying ‘‘(G) The facility meets such staffing re- vided during a year shall be determined that such Administration has determined quirements as would apply under section using the applicable method provided under that Federal expenditures would be reduced, 1861(e) to a hospital located in a rural area, this subsection for determining payment for consumer costs would not increase, and ac- except that— outpatient rural primary care hospital serv- cess to health care services would not be re- ‘‘(i) the facility need not meet hospital ices during the year.’’. duced, if the hospital and the other hospitals standards relating to the number of hours (d) EFFECTIVE DATE.—The amendments that requested such certificate merge, or al- during a day, or days during a week, in made by this section shall apply to fiscal locate the hospital services specified in such which the facility must be open, except inso- years beginning on or after October 1, 1996. request, as the case may be. far as the facility is required to provide SEC. 503. CLASSIFICATION OF RURAL REFERRAL SEC. 513. DEFINITION. emergency care on a 24-hour basis under sub- CENTERS. For purposes of this title, the term ‘‘anti- paragraphs (E) and (F); and (a) PROHIBITING DENIAL OF REQUEST FOR trust laws’’ has the meaning given such term ‘‘(ii) the facility may provide any services RECLASSIFICATION ON BASIS OF COMPARABIL- in subsection (a) of the first section of the otherwise required to be provided by a full- ITY OF WAGES.— Clayton Act (15 U.S.C. 12), except that such time, on-site dietitian, pharmacist, labora- (1) IN GENERAL.—Section 1886(d)(10)(D) of tory technician, medical technologist, or ra- the Social Security Act (42 U.S.C. term includes section 5 of the Federal Trade diological technologist on a part-time, off- 1395ww(d)(10)(D)) is amended— Commission Act (15 U.S.C. 45) to the extent site basis. (A) by redesignating clause (iii) as clause that such section 5 applies with respect to ‘‘(H) The facility meets the requirements (iv); and unfair methods of competition. applicable to clinics and facilities under sub- (B) by inserting after clause (ii) the follow- Subtitle C—Miscellaneous Provisions paragraphs (C) through (J) of paragraph (2) ing new clause: SEC. 521. NATIONAL HEALTH SERVICE CORPS of section 1861(aa) and of clauses (ii) and (iv) ‘‘(iii) Under the guidelines published by the LOAN REPAYMENTS EXCLUDED of the second sentence of such paragraph (or, Secretary under clause (i), in the case of a FROM GROSS INCOME. in the case of the requirements of subpara- hospital which is classified by the Secretary (a) IN GENERAL.—Part III of subchapter B graph (E), (F), or (J) of such paragraph, as a rural referral center under paragraph of chapter 1 of the Internal Revenue Code of would meet the requirements if any ref- (5)(C), the Board may not reject the applica- 1986 (relating to items specifically excluded erence in such subparagraph to a ‘nurse prac- tion of the hospital under this paragraph on from gross income) is amended by redesig- titioner’ or to ‘nurse practitioners’ were the basis of any comparison between the av- nating section 137 as section 138 and by in- deemed to be a reference to a ‘nurse practi- erage hourly wage of the hospital and the av- serting after section 136 the following new tioner or nurse’ or to ‘nurse practitioners or erage hourly wage of hospitals in the area in section: nurses’); except that in determining whether which it is located.’’. ‘‘SEC. 137. NATIONAL HEALTH SERVICE CORPS a facility meets the requirements of this sub- (2) EFFECTIVE DATE.—Notwithstanding sec- LOAN REPAYMENTS. paragraph, subparagraphs (E) and (F) of that tion 1886(d)(10)(C)(ii) of the Social Security ‘‘(a) GENERAL RULE.—Gross income shall paragraph shall be applied as if any reference Act, a hospital may submit an application to not include any qualified loan repayment. to a ‘physician’ is a reference to a physician the Medicare Geographic Classification Re- ‘‘(b) QUALIFIED LOAN REPAYMENT.—For as defined in section 1861(r)(1). view Board during the 30-day period begin- purposes of this section, the term ‘qualified ‘‘(2) The term ‘rural emergency access care ning on the date of the enactment of this Act loan repayment’ means any payment made hospital services’ means the following serv- requesting a change in its classification for on behalf of the taxpayer by the National H2870 CONGRESSIONAL RECORD — HOUSE March 26, 1996 Health Service Corps Loan Repayment Pro- (6) to create a more cooperative regulatory to the Committee on Small Business and gram under section 338B(g) of the Public environment among agencies and small busi- Committee on Governmental Affairs of the Health Service Act.’’. nesses that is less punitive and more solu- Senate and the Committee on Small Busi- (b) CONFORMING AMENDMENT.—Paragraph tion-oriented; and ness and Committee on the Judiciary of the (3) of section 338B(g) of the Public Health (7) to make Federal regulators more ac- House of Representatives no later than 2 Service Act is amended by striking ‘‘Federal, countable for their enforcement actions by years after the date of the enactment of this State, or local’’ and inserting ‘‘State or providing small entities with a meaningful section on the scope of the agency’s pro- local’’. opportunity for redress of excessive enforce- gram, the number of small entities using the (c) CLERICAL AMENDMENT.—The table of ment activities. program, and the achievements of the pro- sections for part III of subchapter B of chap- Subtitle A—Regulatory Compliance gram to assist small entity compliance with agency regulations. ter 1 of the Internal Revenue Code of 1986 is Simplification amended by striking the item relating to SEC. 314. SERVICES OF SMALL BUSINESS DEVEL- SECTION 311. DEFINITIONS. OPMENT CENTERS. section 137 and inserting the following: For purposes of this subtitle— ‘‘Sec. 137. National Health Service Corps (a) Section 21(c)(3) of the Small Business (1) the terms ‘‘rule’’ and ‘‘small entity’’ Act (15 U.S.C. 648(c)(3)) is amended— loan repayments. have the same meanings as in section 601 of ‘‘Sec. 138. Cross references to other Acts.’’. (1) in subparagraph (O), by striking ‘‘and’’ title 5, United States Code; at the end; (d) EFFECTIVE DATE.—The amendments (2) the term ‘‘agency’’ has the same mean- (2) in subparagraph (P), by striking the pe- made by this section shall apply to payments ing as in section 551 of title 5, United States riod at the end and inserting a semicolon; made under section 338B(g) of the Public Code; and and Health Service Act after the date of the en- (3) the term ‘‘small entity compliance (3) by inserting after subparagraph (P) the actment of this Act. guide’’ means a document designated as such following new subparagraphs: SEC. 522. TELEMEDICINE SERVICES. by an agency. ‘‘(Q) providing information to small busi- The Secretary of Health and Human Serv- SEC. 312. COMPLIANCE GUIDES. ness concerns regarding compliance with ices shall establish a methodology for mak- (a) COMPLIANCE GUIDE.—For each rule or regulatory requirements; and ing payments under part B of the medicare group of related rules for which an agency is ‘‘(R) developing informational publica- program for telemedicine services furnished required to prepare a final regulatory flexi- tions, establishing resource centers of ref- on an emergency basis to individuals resid- bility analysis under section 604 of title 5, erence materials, and distributing compli- ing in an area designated as a health profes- United States Code, the agency shall publish ance guides published under section 312(a) of sional shortage area (under section 332(a) of one or more guides to assist small entities in the Small Business Regulatory Enforcement the Public Health Service Act). complying with the rule, and shall designate Fairness Act of 1996.’’. H.R. 3136 such publications as ‘‘small entity compli- (b) Nothing in this Act in any way affects ance guides’’. The guides shall explain the or limits the ability of other technical as- OFFERED BY: MR. HYDE actions a small entity is required to take to sistance or extension programs to perform or AMENDMENT NO. 2. Strike title III and in- comply with a rule or group of rules. The continue to perform services related to com- sert the following: agency shall, in its sole discretion, taking pliance assistance. into account the subject matter of the rule TITLE III—SMALL BUSINESS SEC. 315. COOPERATION ON GUIDANCE. and the language of relevant statutes, ensure Agencies may, to the extent resources are REGULATORY FAIRNESS that the guide is written using sufficiently available and where appropriate, in coopera- SEC. 301. SHORT TITLE. plain language likely to be understood by af- tion with the states, develop guides that This title may be cited as the ‘‘Small Busi- fected small entities. Agencies may prepare fully integrate requirements of both Federal ness Regulatory Enforcement Fairness Act separate guides covering groups or classes of and state regulations where regulations of 1996’’. similarly affected small entities, and may within an agency’s area of interest at the cooperate with associations of small entities Federal and state levels impact small enti- SEC. 302. FINDINGS. to develop and distribute such guides. ties. Where regulations vary among the Congress finds that— (b) COMPREHENSIVE SOURCE OF INFORMA- states, separate guides may be created for (1) a vibrant and growing small business TION.—Agencies shall cooperate to make separate states in cooperation with State sector is critical to creating jobs in a dy- available to small entities through com- agencies. namic economy; prehensive sources of information, the small SEC. 316. EFFECTIVE DATE. (2) small businesses bear a disproportion- entity compliance guides and all other avail- This subtitle and the amendments made by ate share of regulatory costs and burdens; able information on statutory and regu- this subtitle shall take effect on the expira- (3) fundamental changes that are needed in latory requirements affecting small entities. tion of 90 days after the date of enactment of the regulatory and enforcement culture of (c) LIMITATION ON JUDICIAL REVIEW.—An this subtitle. Federal agencies to make agencies more re- agency’s small entity compliance guide shall Subtitle B—Regulatory Enforcement Reforms sponsive to small business can be made with- not be subject to judicial review, except that out compromising the statutory missions of SECTION 321. DEFINITIONS. in any civil or administrative action against For purposes of this subtitle— the agencies; a small entity for a violation occurring after (1) the terms ‘‘rule’’ and ‘‘small entity’’ (4) three of the top recommendations of the the effective date of this section, the content have the same meanings as in section 601 of 1995 White House Conference on Small Busi- of the small entity compliance guide may be title 5, United States Code; ness involve reforms to the way government considered as evidence of the reasonableness (2) the term ‘‘agency’’ has the same mean- regulations are developed and enforced, and or appropriateness of any proposed fines, ing as in section 551 of title 5, United States reductions in government paperwork re- penalties or damages. Code; and quirements; SEC. 313. INFORMAL SMALL ENTITY GUIDANCE. (3) the term ‘‘small entity compliance (5) the requirements of chapter 6 of title 5, (a) GENERAL.—Whenever appropriate in the guide’’ means a document designated as such United States Code, have too often been ig- interest of administering statutes and regu- by an agency. nored by government agencies, resulting in lations within the jurisdiction of an agency greater regulatory burdens on small entities SEC. 322. SMALL BUSINESS AND AGRICULTURE which regulates small entities, it shall be ENFORCEMENT OMBUDSMAN. than necessitated by statute; and the practice of the agency to answer inquir- The Small Business Act (15 U.S.C. 631 et (6) small entities should be given the op- ies by small entities concerning information seq.) is amended— portunity to seek judicial review of agency on, and advice about, compliance with such (1) by redesignating section 30 as section actions required by chapter 6 of title 5, Unit- statutes and regulations, interpreting and 31; and ed States Code. applying the law to specific sets of facts sup- (2) by inserting after section 29 the follow- SEC. 303. PURPOSES. plied by the small entity. In any civil or ad- ing new section: The purposes of this title are— ministrative action against a small entity, ‘‘SEC. 30. OVERSIGHT OF REGULATORY ENFORCE- (1) to implement certain recommendations guidance given by an agency applying the MENT. of the 1995 White House Conference on Small law to facts provided by the small entity ‘‘(a) DEFINITIONS.—For purposes of this sec- Business regarding the development and en- may be considered as evidence of the reason- tion, the term— forcement of Federal regulations; ableness or appropriateness of any proposed ‘‘(1) ‘‘Board’’ means a Regional Small Busi- (2) to provide for judicial review of chapter fines, penalties or damages sought against ness Regulatory Fairness Board established 6 of title 5, United States Code; such small entity. under subsection (c); and (3) to encourage the effective participation (b) PROGRAM.—Each agency regulating the ‘‘(2) ‘‘Ombudsman’’ means the Small Busi- of small businesses in the Federal regulatory activities of small entities shall establish a ness and Agriculture Regulatory Enforce- process; program for responding to such inquiries no ment Ombudsman designated under sub- (4) to simplify the language of Federal reg- later than 1 year after enactment of this sec- section (b). ulations affecting small businesses; tion, utilizing existing functions and person- ‘‘(b) SBA ENFORCEMENT OMBUDSMAN.— (5) to develop more accessible sources of nel of the agency to the extent practicable. ‘‘(1) Not later than 180 days after the date information on regulatory and reporting re- (c) REPORTING.—Each agency regulating of enactment of this section, the Adminis- quirements for small businesses; the activities of small business shall report trator shall designate a Small Business and March 26, 1996 CONGRESSIONAL RECORD — HOUSE H2871 Agriculture Regulatory Enforcement Om- ‘‘(4) Members of the Board shall serve at Subtitle C—Equal Access to Justice Act budsman, who shall report directly to the the pleasure of the Administrator for terms Amendments Administrator, utilizing personnel of the of three years or less. SECTION 331. ADMINISTRATIVE PROCEEDINGS. Small Business Administration to the extent ‘‘(5) The Administrator shall select a chair (a) Section 504(a) of title 5, United States practicable. Other agencies shall assist the from among the members of the Board who Code, is amended by adding at the end the Ombudsman and take actions as necessary to shall serve at the pleasure of the Adminis- following new paragraph: ensure compliance with the requirements of trator for not more than 1 year as chair. ‘‘(4) If, in an adversary adjudication this section. Nothing in this section is in- ‘‘(6) A majority of the members of the brought by an agency, the demand by the tended to replace or diminish the activities Board shall constitute a quorum for the con- agency is substantially in excess of the deci- of any Ombudsman or similar office in any duct of business, but a lesser number may sion of the adjudicative officer and is unrea- other agency. hold hearings. sonable when compared with such decision, ‘‘(2) The Ombudsman shall— under the facts and circumstances of the ‘‘(d) POWERS OF THE BOARDS. ‘‘(A) work with each agency with regu- ‘‘(1) The Board may hold such hearings and case, the adjudicative officer shall award to latory authority over small businesses to en- collect such information as appropriate for the party the fees and other expenses related sure that small business concerns that re- to defending against the excessive demand, carrying out this section. ceive or are subject to an audit, on-site in- unless the party has committed a willful vio- ‘‘(2) The Board may use the United States spection, compliance assistance effort, or lation of law or otherwise acted in bad faith, mails in the same manner and under the other enforcement related communication or or special circumstances make an award un- same conditions as other departments and contact by agency personnel are provided just.’’. agencies of the Federal Government. with a means to comment on the enforce- (b) Section 504(b) of title 5, United States ‘‘(3) The Board may accept donations of ment activity conducted by such personnel; Code, is amended— services necessary to conduct its business, ‘‘(B) establish means to receive comments (1) in paragraph (1)(A), by striking ‘‘$75’’ provided that the donations and their from small business concerns regarding ac- and inserting ’‘$125’’; sources are disclosed by the Board. tions by agency employees conducting com- (2) at the end of paragraph (1)(B), by insert- pliance or enforcement activities with re- ‘‘(4) Members of the Board shall serve with- ing before the semicolon ‘‘or for purposes of spect to the small business concern, means out compensation, provided that, members of subsection (a)(4), a small entity as defined in to refer comments to the Inspector General the Board shall be allowed travel expenses, section 601’’; of the affected agency in the appropriate cir- including per diem in lieu of subsistence, at (3) at the end of paragraph (1)(D), by strik- cumstances, and otherwise seek to maintain rates authorized for employees of agencies ing ‘‘and’’; the identity of the person and small business under subchapter I of chapter 57 of title 5, (4) at the end of paragraph (1)(E), by strik- concern making such comments on a con- United States Code, while away from their ing the period and inserting ‘‘; and’’; and fidential basis to the same extent as em- homes or regular places of business in the (5) at the end of paragraph (1), by adding ployee identities are protected under section performance of services for the Board.’’. the following new subparagraph: 7 of the Inspector General Act of 1978 (5 SEC. 323. RIGHTS OF SMALL ENTITIES IN EN- ‘‘(F) ‘demand’ means the express demand of U.S.C.App.); FORCEMENT ACTIONS. the agency which led to the adversary adju- ‘‘(C) based on substantiated comments re- dication, but does not include a recitation by (a) IN GENERAL.—Each agency regulating the agency of the maximum statutory pen- ceived from small business concerns and the the activities of small entities shall estab- alty (i) in the administrative complaint, or Boards, annually report to Congress and af- lish a policy or program within 1 year of en- (ii) elsewhere when accompanied by an ex- fected agencies evaluating the enforcement actment of this section to provide for the re- press demand for a lesser amount.’’. activities of agency personnel including a duction, and under appropriate cir- rating of the responsiveness to small busi- cumstances for the waiver, of civil penalties SEC. 332. JUDICIAL PROCEEDINGS. ness of the various regional and program of- for violations of a statutory or regulatory (a) Section 2412(d)(1) of title 28, United fices of each agency; requirement by a small entity. Under appro- States Code, is amended by adding at the end ‘‘(D) coordinate and report annually on the the following new subparagraph: priate circumstances, an agency may con- activities, findings and recommendations of ‘‘(D) If, in a civil action brought by the sider ability to pay in determining penalty the Boards to the Administrator and to the United States, the demand by the United assessments on small entities. heads of affected agencies; and States is substantially in excess of the judg- ‘‘(E) provide the affected agency with an (b) CONDITIONS AND EXCLUSIONS.—Subject ment finally obtained by the United States opportunity to comment on draft reports to the requirements or limitations of other and is unreasonable when compared with prepared under subparagraph (C), and include statutes, policies or programs established such judgment, under the facts and cir- a section of the final report in which the af- under this section shall contain conditions cumstances of the case, the court shall fected agency may make such comments as or exclusions which may include, but shall award to the party the fees and other ex- are not addressed by the Ombudsman in revi- not be limited to— penses related to defending against the ex- sions to the draft. (1) requiring the small entity to correct cessive demand, unless the party has com- ‘‘(c) REGIONAL SMALL BUSINESS REGU- the violation within a reasonable correction mitted a willful violation of law or otherwise LATORY FAIRNESS BOARDS.— period; acted in bad faith, or special circumstances ‘‘(1) Not later than 180 days after the date (2) limiting the applicability to violations make an award unjust.’’. of enactment of this section, the Adminis- discovered through participation by the (b) Section 2412(d) of title 28, United States trator shall establish a Small Business Regu- small entity in a compliance assistance or Code, is amended— latory Fairness Board in each regional office audit program operated or supported by the (1) in paragraph (2)(A), by striking ‘‘$75’’ of the Small Business Administration. agency or a state; and inserting ‘‘$125’’; ‘‘(2) Each Board established under para- (3) excluding small entities that have been (2) at the end of paragraph (2)(B), by insert- graph (1) shall— subject to multiple enforcement actions by ing before the semicolon ‘‘or for purposes of ‘‘(A) meet at least annually to advise the the agency; subsection (d)(1)(D), a small entity as defined Ombudsman on matters of concern to small (4) excluding violations involving willful or in section 601 of title 5’’; businesses relating to the enforcement ac- criminal conduct; (3) at the end of paragraph (2)(G), by strik- tivities of agencies; (5) excluding violations that pose serious ing ‘‘and’’; ‘‘(B) report to the Ombudsman on substan- health, safety or environmental threats; and (4) at the end of paragraph (2)(H), by strik- tiated instances of excessive enforcement ac- (6) requiring a good faith effort to comply ing the period and inserting ‘‘; and’’; and tions of agencies against small business con- with the law. (5) at the end of paragraph (2), by adding the following new subparagraph: cerns including any findings or recommenda- (c) REPORTING.—Agencies shall report to ‘‘(I) ‘demand’ means the express demand of tions of the Board as to agency enforcement the Committee on Small Business and Com- the United States which led to the adversary policy or practice; and mittee on Governmental Affairs of the Sen- adjudication, but shall not include a recita- ‘‘(C) prior to publication, provide comment ate and the Committee on Small Business tion of the maximum statutory penalty (i) in on the annual report of the Ombudsman pre- and Committee on Judiciary of the House of the complaint, or (ii) elsewhere when accom- pared under subsection (b). Representatives no later than 2 years after panied by an express demand for a lesser ‘‘(3) Each Board shall consist of five mem- the date of enactment of this section on the amount.’’. bers, who are owners, operators, or officers scope of their program or policy, the number of small business concerns, appointed by the of enforcement actions against small enti- SEC. 333. EFFECTIVE DATE. The amendments made by sections 331 and Administrator, after receiving the rec- ties that qualified or failed to qualify for the 332 shall apply to civil actions and adversary ommendations of the chair and ranking mi- program or policy, and the total amount of adjudications commenced on or after the nority member of the Committees on Small penalty reductions and waivers. Business of the House of Representatives and date of the enactment of this subtitle. the Senate. Not more than three of the SEC. 324. EFFECTIVE DATE. Subtitle D—Regulatory Flexibility Act Board members shall be of the same political This subtitle and the amendments made by Amendments party. No member shall be an officer or em- this subtitle shall take effect on the expira- SEC. 341. REGULATORY FLEXIBILITY ANALYSES. ployee of the Federal Government, in either tion of 90 days after the date of enactment of (a) INITIAL REGULATORY FLEXIBILITY ANAL- the executive branch or the Congress. this subtitle. YSIS.— H2872 CONGRESSIONAL RECORD — HOUSE March 26, 1996

(1) SECTION 603.—Section 603(a) of title 5, to the rule considered by the agency which ‘‘(b) Sections 603 and 604 of this title shall United States Code, is amended— affect the impact on small entities was re- not apply to any proposed or final rule if the (A) by inserting after ‘‘proposed rule’’, the jected.’’; and head of the agency certifies that the rule phrase ‘‘, or publishes a notice of proposed (2) in subsection (b), by striking ‘‘at the will not, if promulgated, have a significant rulemaking for an interpretative rule of gen- time’’ and all that follows and inserting economic impact on a substantial number of eral applicability involving the internal rev- ‘‘such analysis or a summary thereof.’’. small entities. If the head of the agency enue laws of the United States’’; and SEC. 342. JUDICIAL REVIEW. makes a certification under the preceding (B) by inserting at the end of the sub- Section 611 of title 5, United States Code, sentence, the agency shall publish such cer- section, the following new sentence: ‘‘In the is amended to read as follows: tification in the Federal Register at the time case of an interpretative rule involving the of publication of general notice of proposed ‘‘§ 611. Judicial review internal revenue laws of the United States, rulemaking for the rule or at the time of this chapter applies to interpretative rules ‘‘(a)(1) For any rule subject to this chapter, publication of the final rule, along with a published in the Federal Register for codi- a small entity that is adversely affected or statement providing the factual basis for fication in the Code of Federal Regulations, aggrieved by final agency action is entitled such certification. The agency shall provide but only to the extent that such interpreta- to judicial review of agency compliance with such certification and statement to the Chief tive rules impose on small entities a collec- the requirements of sections 601, 604, 605(b), Counsel for Advocacy of the Small Business tion of information requirement.’’. 608(b), and 610 in accordance with chapter 7. Administration.’’. (2) SECTION 601.—Section 601 of title 5, Unit- Agency compliance with sections 607 and (b) Section 612 of title 5, United States ed States Code, is amended by striking 609(a) shall be judicially reviewable in con- Code is amended— ‘‘and’’ at the end of paragraph (5), by strik- nection with judicial review of section 604. (1) in subsection (a), by striking ‘‘the com- ing the period at the end of paragraph (6) and ‘‘(2) Each court having jurisdiction to re- mittees on the Judiciary of the Senate and inserting ‘‘; and’’, and by adding at the end view such rule for compliance with section the House of Representatives, the Select the following: 553, or under any other provision of law, Committee on Small Business of the Senate, ‘‘(7) the term ‘collection of information’— shall have jurisdiction to review any claims and the Committee on Small Business of the ‘‘(A) means the obtaining, causing to be of noncompliance with sections 601, 604, House of Representatives’’ and inserting obtained, soliciting, or requiring the disclo- 605(b), 608(b), and 610 in accordance with ‘‘the Committees on the Judiciary and Small sure to third parties or the public, of facts or chapter 7. Agency compliance with sections Business of the Senate and House of Rep- opinions by or for an agency, regardless of 607 and 609(a) shall be judicially reviewable resentatives’’. form or format, calling for either— in connection with judicial review of section (2) in subsection (b), by striking ‘‘his views ‘‘(i) answers to identical questions posed 604. with respect to the’’ and inserting in lieu to, or identical reporting or recordkeeping ‘‘(3)(A) A small entity may seek such re- thereof, ‘‘his or her views with respect to requirements imposed on, 10 or more per- view during the period beginning on the date compliance with this chapter, the adequacy sons, other than agencies, instrumentalities, of final agency action and ending one year of the rulemaking record with respect to or employees of the United States; or later, except that where a provision of law small entities and the’’. ‘‘(ii) answers to questions posed to agen- requires that an action challenging a final SEC. 344. SMALL BUSINESS ADVOCACY REVIEW cies, instrumentalities, or employees of the agency action be commenced before the expi- PANELS. United States which are to be used for gen- ration of one year, such lesser period shall (a) SMALL BUSINESS OUTREACH AND INTER- eral statistical purposes; and apply to an action for judicial review under AGENCY COORDINATION.— Section 609 of title ‘‘(B) shall not include a collection of infor- this section. 5, United States Code is amended— mation described under section 3518(c)(1) of ‘‘(B) In the case where an agency delays (1) before ‘‘techniques,’’ by inserting ‘‘the title 44, United States Code. the issuance of a final regulatory flexibility reasonable use of’’; ‘‘(8) RECORDKEEPING REQUIREMENT.—The analysis pursuant to section 608(b) of this (2) in paragraph (4), after ‘‘entities’’ by in- term ‘recordkeeping requirement’ means a chapter, an action for judicial review under serting ‘‘including soliciting and receiving requirement imposed by an agency on per- this section shall be filed not later than— comments over computer networks’’; sons to maintain specified records. ‘‘(i) one year after the date the analysis is (3) by designating the current text as sub- (b) FINAL REGULATORY FLEXIBILITY ANALY- made available to the public, or section (a); and SIS.—Section 604 of title 5, United States ‘‘(ii) where a provision of law requires that (4) by adding the following: Code, is amended— an action challenging a final agency regula- ‘‘(b) Prior to publication of an initial regu- (1) in subsection (a) to read as follows: tion be commenced before the expiration of latory flexibility analysis which a covered ‘‘(a) When an agency promulgates a final the 1-year period, the number of days speci- agency is required to conduct by this chap- rule under section 553 of this title, after fied in such provision of law that is after the ter— being required by that section or any other date the analysis is made available to the ‘‘(1) a covered agency shall notify the Chief law to publish a general notice of proposed public. Counsel for Advocacy of the Small Business rulemaking, or promulgates a final interpre- ‘‘(4) In granting any relief in an action Administration and provide the Chief Coun- tative rule involving the internal revenue under this section, the court shall order the sel with information on the potential im- laws of the United States as described in sec- agency to take corrective action consistent pacts of the proposed rule on small entities tion 603(a), the agency shall prepare a final with this chapter and chapter 7, including, and the type of small entities that might be regulatory flexibility analysis. Each final but not limited to— affected; regulatory flexibility analysis shall con- ‘‘(A) remanding the rule to the agency, and ‘‘(2) not later than 15 days after the date of tain— ‘‘(B) deferring the enforcement of the rule receipt of the materials described in para- ‘‘(1) a succinct statement of the need for, against small entities unless the court finds graph (1), the Chief Counsel shall identify in- and objectives of, the rule; that continued enforcement of the rule is in dividuals representative of affected small en- ‘‘(2) a summary of the significant issues the public interest. tities for the purpose of obtaining advice and raised by the public comments in response to ‘‘(5) Nothing in this subsection shall be recommendations from those individuals the initial regulatory flexibility analysis, a construed to limit the authority of any court about the potential impacts of the proposed summary of the assessment of the agency of to stay the effective date of any rule or pro- rule; such issues, and a statement of any changes vision thereof under any other provision of ‘‘(3) the agency shall convene a review made in the proposed rule as a result of such law or to grant any other relief in addition panel for such rule consisting wholly of full comments; to the requirements of this section. time Federal employees of the office within ‘‘(3) a description of and an estimate of the ‘‘(b) In an action for the judicial review of the agency responsible for carrying out the number of small entities to which the rule a rule, the regulatory flexibility analysis for proposed rule, the Office of Information and will apply or an explanation of why no such such rule, including an analysis prepared or Regulatory Affairs within the Office of Man- estimate is available; corrected pursuant to paragraph (a)(4), shall agement and Budget, and the Chief Counsel; ‘‘(4) a description of the projected report- constitute part of the entire record of agency ‘‘(4) the panel shall review any material ing, record keeping and other compliance re- action in connection with such review. the agency has prepared in connection with quirements of the rule, including an esti- ‘‘(c) Compliance or noncompliance by an this chapter, including any draft proposed mate of the classes of small entities which agency with the provisions of this chapter rule, collect advice and recommendations of will be subject to the requirement and the shall be subject to judicial review only in ac- each individual small entity representative type of professional skills necessary for prep- cordance with this section. identified by the agency after consultation aration of the report or record; and ‘‘(d) Nothing in this section bars judicial with the Chief Counsel, on issues related to ‘‘(5) a description of the steps the agency review of any other impact statement or subsections 603(b), paragraphs (3), (4) and (5) has taken to minimize the significant eco- similar analysis required by any other law if and 603(c); nomic impact on small entities consistent judicial review of such statement or analysis ‘‘(5) not later than 60 days after the date a with the stated objectives of applicable stat- is otherwise permitted by law.’’. covered agency convenes a review panel pur- utes, including a statement of the factual, SEC. 343. TECHNICAL AND CONFORMING AMEND- suant to paragraph (3), the review panel shall policy, and legal reasons for selecting the al- MENTS. report on the comments of the small entity ternative adopted in the final rule and why (a) Section 605(b) of title 5, United States representatives and its findings as to issues each one of the other significant alternatives Code, is amended to read as follows: related to subsections 603(b), paragraphs (3), March 26, 1996 CONGRESSIONAL RECORD — HOUSE H2873 (4) and (5) and 603(c), provided that such re- ‘‘808. Effective date of certain rules. not be reissued in substantially the same port shall be made public as part of the rule- ‘‘§ 801. Congressional review form, and a new rule that is substantially making record; and ‘‘(a)(1)(A) Before a rule can take effect, the the same as such a rule may not be issued, ‘‘(6) where appropriate, the agency shall Federal agency promulgating such rule shall unless the reissued or new rule is specifically modify the proposed rule, the initial regu- submit to each House of the Congress and to authorized by a law enacted after the date of latory flexibility analysis or the decision on the Comptroller General a report contain- the joint resolution disapproving the origi- whether an initial regulatory flexibility ing— nal rule. analysis is required. ‘‘(i) a copy of the rule; ‘‘(c)(1) Notwithstanding any other provi- ‘‘(c) An agency may in its discretion apply ‘‘(ii) a concise general statement relating sion of this section (except subject to para- subsection (b) to rules that the agency in- to the rule, including whether it is a major graph (3)), a rule that would not take effect tends to certify under subsection 605(b), but rule; and by reason of subsection (a)(3) may take ef- the agency believes may have a greater than ‘‘(iii) the proposed effective date of the fect, if the President makes a determination de minimis impact on a substantial number rule. under paragraph (2) and submits written no- of small entities. ‘‘(B) On the date of the submission of the tice of such determination to the Congress. ‘‘(d) For purposed of this section, the term report under subparagraph (A), the Federal ‘‘(2) Paragraph (1) applies to a determina- covered agency means the Environmental agency promulgating the rule shall submit tion made by the President by Executive Protection Agency and the Occupational to the Comptroller General and make avail- Order that the rule should take effect be- Safety and Health Administration of the De- able to each House of Congress— cause such rule is— partment of Labor. ‘‘(i) a complete copy of the cost-benefit ‘‘(A) necessary because of an imminent ‘‘(e) The Chief Counsel for Advocacy, in analysis of the rule, if any; threat to health or safety or other emer- consultation with the individuals identified ‘‘(ii) the agency’s actions relevant to sec- gency; in subsection (b)(2), and with the Adminis- tions 603, 604, 605, 607, and 609; ‘‘(B) necessary for the enforcement of trator of the Office of Information and Regu- ‘‘(iii) the agency’s actions relevant to sec- criminal laws; latory Affairs within the Office of Manage- tions 202, 203, 204, and 205 of the Unfunded ‘‘(C) necessary for national security; or ment and Budget, may waive the require- Mandates Reform Act of 1995; and ‘‘(D) issued pursuant to any statute imple- ments of subsections (b)(3), (b)(4), and (b)(5) ‘‘(iv) any other relevant information or re- menting an international trade agreement. by including in the rulemaking record a quirements under any other Act and any rel- ‘‘(3) An exercise by the President of the au- written finding, with reasons therefor, that evant Executive Orders. thority under this subsection shall have no those requirements would not advance the ‘‘(C) Upon receipt of a report submitted effect on the procedures under section 802 or effective participation of small entities in under subparagraph (A), each House shall the effect of a joint resolution of disapproval the rulemaking process. For purposes of this provide copies of the report to the Chairman under this section. subsection, the factors to be considered in and Ranking Member of each standing com- ‘‘(d)(1) In addition to the opportunity for making such a finding are as follows: mittee with jurisdiction under the rules of review otherwise provided under this chap- ‘‘(1) In developing a proposed rule, the ex- the House of Representatives or the Senate ter, in the case of any rule for which a report tent to which the covered agency consulted to report a bill to amend the provision of law was submitted in accordance with subsection with individuals representative of affected under which the rule is issued. (a)(1)(A) during the period beginning on the small entities with respect to the potential ‘‘(2)(A) The Comptroller General shall pro- date occurring— impacts of the rule and took such concerns vide a report on each major rule to the com- ‘‘(A) in the case of the Senate, 60 session into consideration; or in developing a final mittees of jurisdiction in each House of the days, or rule, the extent to which the covered agency Congress by the end of 15 calendar days after ‘‘(B) in the case of the House of Represent- took into consideration the comments filed the submission or publication date as pro- atives, 60 legislative days, by the individuals identified in subsection vided in section 802(b)(2). The report of the before the date the Congress adjourns a ses- (b)(2). Comptroller General shall include an assess- sion of Congress through the date on which ‘‘(2) Special circumstances requiring ment of the agency’s compliance with proce- the same or succeeding Congress first con- prompt issuance of the rule. dural steps required by paragraph (1)(B). venes its next session, section 802 shall apply ‘‘(3) Whether the requirements of sub- ‘‘(B) Federal agencies shall cooperate with to such rule in the succeeding session of Con- section (b) would provide the individuals the Comptroller General by providing infor- gress. identified in subsection (b)(2) with a com- mation relevant to the Comptroller Gen- ‘‘(2)(A) In applying section 802 for purposes petitive advantage relative to other small eral’s report under subparagraph (A). of such additional review, a rule described ‘‘(3) A major rule relating to a report sub- entities.’’. under paragraph (1) shall be treated as mitted under paragraph (1) shall take effect (b) SMALL BUSINESS ADVOCACY CHAIR- though— on the latest of— PERSONS.—Not later than 30 days after the ‘‘(i) such rule were published in the Federal ‘‘(A) the later of the date occurring 60 days date of enactment of this Act, the head of Register (as a rule that shall take effect) after the date on which— each covered agency that has conducted a on— ‘‘(i) the Congress receives the report sub- final regulatory flexibility analysis shall ‘‘(I) in the case of the Senate, the 15th ses- mitted under paragraph (1); or designate a small business advocacy chair- sion day, or ‘‘(ii) the rule is published in the Federal person using existing personnel to the extent ‘‘(II) in the case of the House of Represent- Register, if so published; possible, to be responsible for implementing atives, the 15th legislative day, this section and to act as permanent chair of ‘‘(B) if the Congress passes a joint resolu- tion of disapproval described in section 802 after the succeeding session of Congress first the agency’s review panels established pursu- convenes; and ant to this section. relating to the rule, and the President signs a veto of such resolution, the earlier date— ‘‘(ii) a report on such rule were submitted SEC. 345. EFFECTIVE DATE. ‘‘(i) on which either House of Congress to Congress under subsection (a)(1) on such This subtitle shall become effective on the votes and fails to override the veto of the date. expiration of 90 days after the date of enact- President; or ‘‘(B) Nothing in this paragraph shall be ment of this subtitle, except that such ‘‘(ii) occurring 30 session days after the construed to affect the requirement under amendments shall not apply to interpreta- date on which the Congress received the veto subsection (a)(1) that a report shall be sub- tive rules for which a notice of proposed and objections of the President; or mitted to Congress before a rule can take ef- rulemaking was published prior to the date ‘‘(C) the date the rule would have other- fect. of enactment. wise taken effect, if not for this section (un- ‘‘(3) A rule described under paragraph (1) Subtitle E—Congressional Review less a joint resolution of disapproval under shall take effect as otherwise provided by law (including other subsections of this sec- SEC. 351. CONGRESSIONAL REVIEW OF AGENCY section 802 is enacted). RULEMAKING. ‘‘(4) Except for a major rule, a rule shall tion). ‘‘(e)(1) For purposes of this subsection, sec- Title 5, United States Code, is amended by take effect as otherwise provided by law tion 802 shall also apply to any major rule inserting immediately after chapter 7 the after submission to Congress under para- promulgated between March 1, 1996, and the following new chapter: graph (1). ‘‘(5) Notwithstanding paragraph (3), the ef- date of the enactment of this chapter. ‘‘CHAPTER 8—CONGRESSIONAL REVIEW fective date of a rule shall not be delayed by ‘‘(2) In applying section 802 for purposes of OF AGENCY RULEMAKING operation of this chapter beyond the date on Congressional review, a rule described under ‘‘Sec. which either House of Congress votes to re- paragraph (1) shall be treated as though— ‘‘801. Congressional review. ject a joint resolution of disapproval under ‘‘(A) such rule were published in the Fed- ‘‘802. Congressional disapproval procedure. section 802. eral Register on the date of enactment of ‘‘803. Special rule on statutory, regulatory, ‘‘(b)(1) A rule shall not take effect (or con- this chapter; and and judicial deadlines. tinue), if the Congress enacts a joint resolu- ‘‘(B) a report on such rule were submitted ‘‘804. Definitions. tion of disapproval, described under section to Congress under subsection (a)(1) on such ‘‘805. Judicial review. 802, of the rule. date. ‘‘806. Applicability; severability. ‘‘(2) A rule that does not take effect (or ‘‘(3) The effectiveness of a rule described ‘‘807. Exemption for monetary policy. does not continue) under paragraph (1) may under paragraph (1) shall be as otherwise H2874 CONGRESSIONAL RECORD — HOUSE March 26, 1996 provided by law, unless the rule is made of ‘‘(3) In the Senate, immediately following of Management and Budget finds has re- no force or effect under section 802. the conclusion of the debate on a joint reso- sulted in or is likely to result in— ‘‘(f) Any rule that takes effect and later is lution described in subsection (a), and a sin- ‘‘(A) an annual effect on the economy of made of no force or effect by enactment of a gle quorum call at the conclusion of the de- $100,000,000 or more; joint resolution under section 802 shall be bate if requested in accordance with the ‘‘(B) a major increase in costs or prices for treated as though such rule had never taken rules of the Senate, the vote on final passage consumers, individual industries, Federal, effect. of the joint resolution shall occur. State, or local government agencies, or geo- ‘‘(g) If the Congress does not enact a joint ‘‘(4) Appeals from the decisions of the graphic regions; or resolution of disapproval under section 802 Chair relating to the application of the rules ‘‘(C) significant adverse effects on competi- respecting a rule, no court or agency may of the Senate to the procedure relating to a tion, employment, investment, productivity, infer any intent of the Congress from any ac- joint resolution described in subsection (a) innovation, or on the ability of United tion or inaction of the Congress with regard shall be decided without debate. States-based enterprises to compete with to such rule, related statute, or joint resolu- ‘‘(e) In the Senate the procedure specified foreign-based enterprises in domestic and ex- tion of disapproval. in subsection (c) or (d) shall not apply to the port markets. ‘‘§ 802. Congressional disapproval procedure consideration of a joint resolution respecting The term does not include any rule promul- ‘‘(a) For purposes of this section, the term a rule— gated under the Telecommunications Act of ‘joint resolution’ means only a joint resolu- ‘‘(1) after the expiration of the 60 session 1996 and the amendments made by that Act. tion introduced in the period beginning on days beginning with the applicable submis- ‘‘(3) The term ‘rule’ has the meaning given the date on which the report referred to in sion or publication date, or such term in section 551, except that such section 801(a)(1)(A) is received by Congress ‘‘(2) if the report under section 801(a)(1)(A) term does not include— and ending 60 days thereafter (excluding was submitted during the period referred to ‘‘(A) any rule of particular applicability, days either House of Congress is adjourned in section 801(d)(1), after the expiration of including a rule that approves or prescribes for more than 3 days during a session of Con- the 60 session days beginning on the 15th ses- for the future rates, wages, prices, services, gress), the matter after the resolving clause sion day after the succeeding session of Con- or allowances therefor, corporate or finan- of which is as follows: ‘That Congress dis- gress first convenes. cial structures, reorganizations, mergers, or ll ‘‘(f) If, before the passage by one House of approves the rule submitted by the re- acquisitions thereof, or accounting practices ll a joint resolution of that House described in lating to , and such rule shall have no or disclosures bearing on any of the fore- force or effect.’ (The blank spaces being ap- subsection (a), that House receives from the going; propriately filled in). other House a joint resolution described in ‘‘(B) any rule relating to agency manage- ‘‘(b)(1) A joint resolution described in sub- subsection (a), then the following procedures ment or personnel; or section (a) shall be referred to the commit- shall apply: ‘‘(C) any rule of agency organization, pro- tees in each House of Congress with jurisdic- ‘‘(1) The joint resolution of the other cedure, or practice that does not substan- tion. House shall not be referred to a committee. tially affect the rights or obligations of non- ‘‘(2) For purposes of this section, the term ‘‘(2) With respect to a joint resolution de- agency parties. ‘submission or publication date’ means the scribed in subsection (a) of the House receiv- later of the date on which— ing the joint resolution— ‘‘§ 805. Judicial review ‘‘(A) the Congress receives the report sub- ‘‘(A) the procedure in that House shall be ‘‘No determination, finding, action, or mitted under section 801(a)(1); or the same as if no joint resolution had been omission under this chapter shall be subject ‘‘(B) the rule is published in the Federal received from the other House; but to judicial review. Register, if so published. ‘‘(B) the vote on final passage shall be on ‘‘§ 806. Applicability; severability ‘‘(c) In the Senate, if the committee to the joint resolution of the other House. which is referred a joint resolution described ‘‘(g) This section is enacted by Congress— ‘‘(a) This chapter shall apply notwith- in subsection (a) has not reported such joint ‘‘(1) as an exercise of the rulemaking power standing any other provision of law. resolution (or an identical joint resolution) of the Senate and House of Representatives, ‘‘(b) If any provision of this chapter or the at the end of 20 calendar days after the sub- respectively, and as such it is deemed a part application of any provision of this chapter mission or publication date defined under of the rules of each House, respectively, but to any person or circumstance, is held in- subsection (b)(2), such committee may be applicable only with respect to the procedure valid, the application of such provision to discharged from further consideration of to be followed in that House in the case of a other persons or circumstances, and the re- such joint resolution upon a petition sup- joint resolution described in subsection (a), mainder of this chapter, shall not be affected ported in writing by 30 Members of the Sen- and it supersedes other rules only to the ex- thereby. ate, and such joint resolution shall be placed tent that it is inconsistent with such rules; ‘‘§ 807. Exemption for monetary policy on the calendar. and ‘‘Nothing in this chapter shall apply to ‘‘(d)(1) In the Senate, when the committee ‘‘(2) with full recognition of the constitu- rules that concern monetary policy proposed to which a joint resolution is referred has re- tional right of either House to change the or implemented by the Board of Governors of ported, or when a committee is discharged rules (so far as relating to the procedure of the Federal Reserve System or the Federal (under subsection (c)) from further consider- that House) at any time, in the same man- Open Market Committee. ation of a joint resolution described in sub- ner, and to the same extent as in the case of ‘‘§ 808. Effective date of certain rules section (a), it is at any time thereafter in any other rule of that House. order (even though a previous motion to the ‘‘Notwithstanding section 801— ‘‘§ 803. Special rule on statutory, regulatory, same effect has been disagreed to) for a mo- ‘‘(1) any rule that establishes, modifies, and judicial deadlines tion to proceed to the consideration of the opens, closes, or conducts a regulatory pro- joint resolution, and all points of order ‘‘(a) In the case of any deadline for, relat- gram for a commercial, recreational, or sub- against the joint resolution (and against ing to, or involving any rule which does not sistence activity related to hunting, fishing, consideration of the joint resolution) are take effect (or the effectiveness of which is or camping, or waived. The motion is not subject to amend- terminated) because of enactment of a joint ‘‘(2) any rule which an agency for good ment, or to a motion to postpone, or to a resolution under section 802, that deadline is cause finds (and incorporates the finding and motion to proceed to the consideration of extended until the date 1 year after the date a brief statement of reasons therefor in the other business. A motion to reconsider the of enactment of the joint resolution. Nothing rule issued) that notice and public procedure vote by which the motion is agreed to or dis- in this subsection shall be construed to af- thereon are impracticable, unnecessary, or agreed to shall not be in order. If a motion fect a deadline merely by reason of the post- contrary to the public interest, ponement of a rule’s effective date under sec- to proceed to the consideration of the joint shall take effect at such time as the Federal resolution is agreed to, the joint resolution tion 801(a). ‘‘(b) The term ‘deadline’ means any date agency promulgating the rule determines.’’. shall remain the unfinished business of the certain for fulfilling any obligation or exer- SEC. 352. EFFECTIVE DATE. Senate until disposed of. The amendment made by section 351 shall ‘‘(2) In the Senate, debate on the joint res- cising any authority established by or under take effect on the date of enactment of this olution, and on all debatable motions and ap- any Federal statute or regulation, or by or Act. peals in connection therewith, shall be lim- under any court order implementing any ited to not more than 10 hours, which shall Federal statute or regulation. SEC. 353. TECHNICAL AMENDMENT. be divided equally between those favoring ‘‘§ 804. Definitions The table of chapters for part I of title 5, and those opposing the joint resolution. A ‘‘For purposes of this chapter— United States Code, is amended by inserting motion further to limit debate is in order ‘‘(1) The term ‘Federal agency’ means any immediately after the item relating to chap- and not debatable. An amendment to, or a agency as that term is defined in section ter 7 the following: motion to postpone, or a motion to proceed 551(1). ‘‘8. Congressional Review of Agen- to the consideration of other business, or a ‘‘(2) The term ‘‘major rule’’ means any rule cy Rulemaking ...... 801’’. motion to recommit the joint resolution is that the Administrator of the Office of Infor- not in order. mation and Regulatory Affairs of the Office 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 26, 1996 No. 43 Senate The Senate met at 10 a.m., and was RECOGNITION OF THE ACTING MORNING BUSINESS called to order by the President pro MAJORITY LEADER The PRESIDING OFFICER. Under tempore [Mr. THURMOND]. The PRESIDENT pro tempore. The the previous order, the Senate will now The PRESIDENT pro tempore. We able acting majority leader is recog- proceed to a period for the transaction have a guest chaplain this morning, nized. of morning business until 10:30 a.m., Father Lavin from St. Joseph’s Catho- with Senators permitted to speak for 5 lic Church. f minutes each, with the following ex- SCHEDULE ception: Senator REID will be recog- PRAYER nized for up to 15 minutes and Senator Mr. LOTT. Mr. President, today, DORGAN will be recognized for up to 15 The guest chaplain, the Reverend there will be a period for morning busi- minutes. Paul E. Lavin, pastor, St. Joseph’s on ness until the hour of 10:30 a.m. with The Senator from North Dakota is Capitol Hill, Washington, DC, offered Senators permitted to speak therein recognized. the following prayer: for up to 5 minutes each, except for the Let us listen to the word of the Lord following: Senator DORGAN for 15 min- f from the book of Tobit.—Tobit 12:6–8: utes and Senator REID for 15 minutes. ‘‘Raphael called the two men aside At 10:30, we will be scheduled to re- THE FEDERAL RESERVE BOARD sume consideration of Calendar No. 300, privately and said to them: ‘Thank Mr. DORGAN. Mr. President, let me God! Give him the praise and glory.’ H.R. 1296, the Presidio legislation, with the Murkowski substitute pending. A claim my 15 minutes, and I ask the ‘‘Before all the living, acknowledge cloture motion was filed on the Mur- Chair to notify me when I have con- the many good things he has done for kowski amendment last night. There- sumed 10 of the minutes. you, by blessing and extolling his name fore, a cloture vote will occur tomor- Mr. President, I came to the floor in song. row morning under the provisions of today with Senator REID from Nevada ‘‘Before all men, honor, and proclaim rule XXII. There are expected to be to discuss a preliminary report that God’s deeds, and do not be slack in amendments offered during the day. has been completed, after some 2 years praise being Him. Therefore, rollcall votes will occur of work, by the General Accounting Of- ‘‘A king’s secret it is prudent to today, but not prior to 2:15 this after- fice. This report takes an extensive keep, but the works of God are to be noon. look into the activities and operations declared and made known. The Senate will recess from 12:30 p.m. of the Federal Reserve Board and its regional banks. The Federal Reserve ‘‘Praise them with due honor. to 2:15 p.m. today for the weekly policy conferences to meet. was created in 1913. It is kind of a dino- ‘‘Do good, and evil will not find its Other very important items to be saur in our Government in an age of way to you. considered this week include the farm openness, an institution shrouded in ‘‘Prayer and fasting are good, but bill conference report, hopefully under great secrecy. But in 1913, the Congress better than either is almsgiving ac- a time agreement; the line-item veto created the Federal Reserve Board. companied by righteousness.’’ conference report; the omnibus appro- That was the year in which Henry Ford Let us pray: priations conference report; the debt built the first assembly line for the Good and gracious God, it is by Your limit extension; and the State Depart- Model-T and paid people $5 a day to light, the light of Your spirit, that You ment authorization conference report. work to construct automobiles. inspired us to understand Your good- Senators can expect busy sessions That was a long time ago, but some ness and called us to be faithful. throughout the week in order to com- things do not change very much. The plete action on a number of these im- Federal Reserve still exists. It still sits In that same spirit, help us to relish as a house on a hill with a large fence what is right and always to rejoice in portant issues. Mr. President, I yield the floor. around it and invites no one to peer in the consolation that You give us. to see what they are doing. They make Grant eternal rest to our colleague, f a substantial amount of money. They Senator Edmund Muskie, and grant make their own spending decisions, and consolation to his family. RESERVATION OF LEADER TIME they are accountable only to them- Strengthen us with Your grace and The PRESIDING OFFICER (Mr. selves. Your wisdom, for You are God forever KYL). Under the previous order, leader- Senator REID and I asked the GAO to and ever. Amen. ship time is reserved. do an investigation and evaluation of

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

S2841

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VerDate Aug 31 2005 05:10 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26MR6.REC S26MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2842 CONGRESSIONAL RECORD — SENATE March 26, 1996 how the Fed works: What does it spend money be returned to American tax- increases in benefits, employee benefits its money on? How well does it spend payers and not stashed as a surplus in of the Fed increased 90 percent during its money? How accountable is it? an institution that has not had a loss the 6-year term. We have some 200 pages in a report in 79 years and is not going to have a So again, the suggestion by the Fed that represents the work of nearly 2 loss in the next 79 years. that the rest of the Government tight- years by the GAO. This is not a final There are other areas in this GAO re- en its belt is apparently advice lost on report. It is a preliminary report that port that also describe the operation of is now awaiting comment by the Fed- the overall Federal Reserve system. the Fed itself. If you take a look at a eral Reserve Board. The Federal Reserve Board largely con- whole range of these issues, the The Senator from Nevada and I de- ducts monetary policy. While I dis- amount of money spent on personnel, cided to release it now only because agree with its monetary policies these on buildings, on benefits, and a whole last week it was made available to us, days, I do not think that the monetary series of issues like that, what you will and this week the Senate scheduled a policy ought to exist here in the well of find is a Federal Reserve Board that hearing on Chairman Greenspan’s re- the Congress. I think it ought to be has not had a previous audit but a nomination. We felt that the Senate separate and apart. board for which an audit would dis- Banking Committee at least ought to But I do not agree with the Fed when cover that it seems to be growing while have the benefit of what is in this re- it believes its mission in life is to be a the rest of the Government is shrink- port prior to the hearing. set of human brake pads designed to ing. slow down the American economy. Let me discuss a couple of points in Maybe we ought to bring the Federal this report and ask Senator REID to They happen to believe the American economy should not grow more than 2.5 Reserve Board into the same realm. I discuss a couple of other points, be- am not talking about bringing mone- cause I think this will provide a sub- percent. If it grows more than that, tary policy functions into this realm, stantial amount of information that somehow we are going to produce more but maybe the non-monetary policy the American public will be interested inflation they think. in. They are dead wrong. In the global functions of the Federal Reserve ought You talk about the Federal Reserve economy, inflation is going down, not to be subject to annual appropriations Board and people’s eyes start glazing up; wages are going down, not up. So I just as are all of the other functions of over, and there starts to develop a think their monetary policy is wrong, Government. large fog around the subject. This is and they are inhibiting growth in this Certainly, we ought to now proceed, largely because it is a central bank, ac- country and slowing down the Amer- based on what we will find in this re- countable largely only to itself. It con- ican economy. However, that is not what the GAO port, to decide there should be every ducts monetary policy by itself and looked at. The GAO evaluated the year, each and every year, an inde- does so behind closed doors, with great other functions of the Fed. What does pendent audit of the Federal Reserve secrecy. Board. We ought to, based on what we Now, what did the GAO find? A cou- it spend its money on? Less than 10 percent of the activities of the Federal have discovered in this report, decide ple of things. First of all, let me dis- that we should have this $3.7 billion cuss the surplus account that exists at Reserve System are spent on monetary policy activities. The rest of it is bank taken out of the surplus account that the Federal Reserve Board. The Fed- has been squirreled away by the Fed eral Reserve Board has a surplus ac- supervision, check clearing, and a whole range of other things. itself and brought back into the stream count of about $3.7 billion. In fact, the The Fed has counseled this country of income that is available to the surplus account has increased well over to cut its expenditures, slim down, American taxpayers. Those are the 70 percent in the last 6 years. They downsize, and streamline. What has the have increased their surplus, which things that we ought to do together. Fed done? The Fed has counseled that There are a whole series of rec- they set aside to absorb potential America go on a diet and it has decided losses, by 79 percent over this period. ommendations that Senator REID and I to over-eat. Here you have a cir- will jointly employ in the decision on So they have a cash stash of $3.7 billion cumstance where this shows what has in a surplus account. future legislation as a result of this happened between 1988 and 1994 accord- GAO report. This account presumably is to cover ing to the GAO: Personnel compensa- their losses. But the Federal Reserve tion up 53 percent. Benefits, that is, Let me conclude my portion of this Board has not lost money in 79 con- benefits per employee, increased about where I began. The Federal Reserve secutive years and is not going to lose 90 percent during the same period; Board is a dinosaur; in the rest of Gov- money in the future. Last year, it had equipment and software up; buildings ernment, we are now discussing open- a $20 billion-plus profit, it had expenses up. ness. In the Federal Reserve Board, we of about $2 to $3 billion, and it turns In fact, they built one building, and still have the shroud of secrecy. In the the rest back to the Treasury. But it they estimated when they decided to rest of the Government, we have the still keeps a small surplus—small by build the building they would need a requirement for financial account- their definition, large by my defini- 7,000-square-foot lobby. That is a pret- ability. At the Federal Reserve Board, tion. I come from a town of only 300 ty good-sized lobby. When they finished it is: We will spend what we need to people, and there billions mean some- the building, they had a 27,000-square- spend, and we will make that judg- thing. foot lobby. You ought to see a picture ment. What does the GAO say about that? of this lobby with no chairs—27,000 While the rest of the Federal Govern- The GAO talks about this surplus ac- square foot. And that also is in the ment is shrinking with fewer employ- count by suggesting that the downward GAO report. adjustment to the size of the surplus If you take a look at the expendi- ees, fewer now than at any time during account, or perhaps its elimination, tures of the Fed, you will see this line, the Government’s history going back would result in a positive budgetary which is the blue line, and from 1988 to to John F. Kennedy, the Federal Re- impact, and so on and so forth. Then 1994, the Fed, which writes its own serve Board system is growing. That is they point out that when they asked checks and decides how much it wants why I think this GAO audit suggests it the Federal Reserve Board why they to spend—nobody is suggesting that it is out of step and does need some cor- had this and how they determined what ought to do this or ought not to do rection. they needed, they said it is arbitrary. this. It decides how much of its money Mr. President, let me yield the floor. There is really no criteria used by the it wants to keep—had a 48 percent in- My colleague, Senator REID, from Ne- Fed to how much they need in the sur- crease in expenditures, according to vada, will discuss some of the other re- plus account. They just squirrel away the GAO. During the same period, the sults of this GAO evaluation. as much as they want. Consumer Price Index increased 25 per- The PRESIDING OFFICER. The Sen- This is the taxpayers’ money, $3.7 bil- cent—almost double the Consumer ator from Nevada is recognized. lion squirreled away in a concrete edi- Price Index in terms of the increase in fice that houses the Fed. The GAO rec- costs down at the Fed. Mr. REID. Mr. President, will the ommends, and I recommend—and we I just indicated a couple of those Chair advise me when I have used 12 will introduce legislation—that this items, but the cost per employee of the minutes of my time.

VerDate Aug 31 2005 05:10 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26MR6.REC S26MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 26, 1996 CONGRESSIONAL RECORD — SENATE S2843 Mr. President, this report that was costs certainly have skyrocketed. And The Fed enjoyed a smorgasbord of released yesterday has taken about 2 we are talking about big money. From growth; they picked whatever they years for the General Accounting Of- 1988 to 1994, the costs have gone up wanted. While the Federal Govern- fice to conduct. The findings of this re- from $1.3 billion to $2 billion. That is a ment’s overall staffing level declined port, if centered on a Member of Con- lot of money. Operating costs for the by 2 percent, the Fed’s staffing level in- gress or an agency of the Federal Gov- Federal Reserve have grown at twice creased 6 percent over that. ernment, would be, for lack of a better the rate of inflation. Fed operating So we know there needs to be better word, scandalous. costs jumped 50 percent between 1988 internal management. The General Ac- It is interesting to note the apolo- and 1994. counting Office found this. I have gone gists that are around this country for Mr. President, I have behind me here around the State of Nevada. People ask the Federal Reserve Board. Take, for a visual aid, and I think it is pretty questions about the Fed. I have intro- example, the Wall Street Journal. They clear, if we look at what has happened duced legislation in the past to have an wrote an article on the release of this with travel within the Federal Reserve annual audit of the Federal Reserve report today, but it was an apology for System, it has gone up 66 percent. We System. It has gotten nowhere. It has the Federal Reserve Board. The Wall see what has happened to the Federal gotten from being introduced to the Street Journal looks at the Members of Government. It has gone up 4 percent; garbage can. But now there are facts to Congress and Federal agencies and any- staffing levels of the Federal Govern- indicate that what I have been talking thing they do, they do not dot an ‘‘i’’ ment, minus 2 percent. We see what about is absolutely necessary; that we on the right place on the page, do not has happened with the Federal Reserve do need to have an annual report, we cross the ‘‘t,’’ they not only report it, System. It is incredible. do need better management control but they write an editorial about it. These costs are a story in and of within the Fed. This $3.7 billion? The huge cost over- themselves. From 1988 to 1994, the Fed We do not know how costs have gone runs? Not a word said in today’s Wall salary costs increased by 44 percent. up in the last year and a half or so, but Street Journal, but it is very typical Interestingly, also, salaries of reserve between 1988 and 1994, personnel com- for that newspaper. bank presidents are significantly great- pensation increased 54 percent, equip- This report raises legitimate ques- er than the Chairman. They vary. ment and software expenditures in- tions about fiscal management within Somebody in San Francisco makes creased 85 percent, building expendi- the Federal Reserve System. Some im- more than somebody in St. Louis. It is tures increased 34 percent, and, as I al- portant questions should be answered interesting; there is no conformity as ready talked about, travel expenditures increased by 66 percent. There is very as we proceed, Senator DORGAN and I, to how much they make. They can with our legislative agenda as it re- kind of pay themselves, I guess, what little in the Fed to keep these under lates to this General Accounting Office they want. And 120 top Fed officials control. The Fed is not subject to the same cost reduction pressures that report. And I think there should be earn more than the Chairman of the have affected both public and private some questions asked during the con- Federal Reserve System, Alan Green- agencies. firmation proceedings relating to Alan span. Within the Federal Reserve Sys- The $3.7 billion slush fund that they Greenspan. tem, their benefits increased by 89 per- have, that they keep around for losses We have been told by the General Ac- cent. Whereas in the rest of the Federal that may occur—we have not had any counting Office that this is the most Government, we have been reining in that occurred in 79 years. I am on the in-depth study they have ever done of the costs, theirs have gone up almost Appropriations Committee. We are now the Federal Reserve Board. In all the 90 percent. in conference, trying to work out the time I have been in Congress, certainly I might say, when we talk about the disputes we have. We badly need a few it is the most in-depth study by far travel expenses increasing by 66 per- more dollars to allow this omnibus bill that has ever been done of the Federal cent—but they travel in style. In 1994, to be signed, these five appropriations Reserve Board. the Fed’s travel expenditures were over bills. It could be done if we had the I agree the Federal Reserve should be $42 million. They are permitted to be Fed’s money that is sitting there, gath- independent, and I think that I will do reimbursed however they feel they ering dust. We would solve the prob- what I can to make sure it is inde- should be reimbursed: They can be re- lem. The Federal Government would be pendent, but that does not mean the imbursed per diem, they can be reim- financed. We would not need any more Federal Reserve Board and system does bursed actual costs. How would this in- continuing resolutions. not need accountability. It needs ac- stitution work if, in fact, every Mem- So we know, as the Senator from countability, as indicated in this 200- ber of Congress could be reimbursed for North Dakota has indicated, that we page report that has taken 2 years to travel costs, whatever they felt was ap- need to do something legislatively. We prepare by the General Accounting Of- propriate? There needs to be some uni- first must have the $3.7 billion re- fice. formity. Because the policy varied turned to the Treasury. We need to re- Mr. President, I think what the Fed- from bank to bank, these costs could quire an annual audit, an independent eral Reserve Board has been saying is, easily be contained by a uniform, more audit. We need to institute uniform ‘‘Do not do as I do, do as I say,’’ be- taxpayer-friendly policy. procurement and contracting practices. cause they say that Government has to Senator DORGAN has talked about the We need to institute executive branch cut back. What do they do? They sig- double standard, and certainly there is policies relating to travel, benefits and nificantly increase their spending in a double standard. When we also under- security. We certainly need to do that, all areas. Take, for example, the oper- stand that 93.25 percent of all of the at a minimum. ating costs of the Federal Reserve Sys- work that the Fed does has nothing to I think it would be well that we tied tem. Supervision and regulation, from do with monetary policy—only a little the salaries of Fed executives to simi- 1988 to 1994, increased 102 percent—102 over 6.5 percent of what they do relates larly situated Government personnel, percent. An annual audit certainly is to monetary policy—that is why I and we need to subject the Fed’s non- the least we should get out of this. We agree wholeheartedly with my friend, monetary policy operations to the ap- should know what is happening in the the junior Senator from North Dakota, propriations process. That is the least Federal Reserve System. A ray of sun- that in fact they should be subject to we can do. light should begin shining on the Fed- the appropriation process. They should I think it also says a lot when we re- eral Reserve System. It may not need be. alize that the Federal Reserve, as de- to be part of our sunshine laws that I am a member of the Appropriations scribed by my friend from North Da- were so popular a decade or two ago, Committee. We spend most of our time kota, has had this beautiful home. We but it needs a ray of sunshine shining trying to figure out a way to downsize, can just see the top of that home. We on it. It would instill greater public to cut budgets, to eliminate programs. cannot see it all because there is a confidence in our banking system. It is At the same time the Fed is telling us huge fence around it. We know we have important. that we need to do this, their costs are responsibilities for the structure, the I have talked only a little bit about spiraling. The rest of the Government landscaping in there, but we cannot see the increased operating costs, but the underwent necessary belt tightening. it.

VerDate Aug 31 2005 05:10 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26MR6.REC S26MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2844 CONGRESSIONAL RECORD — SENATE March 26, 1996 All we are asking is let us find out That is not what this country needs. be extended until the hour of 11 a.m., what is going on. It is important. They The global economy means wages are with Senators to speak for 5 minutes in conduct important functions of this falling, not rising. It means inflation is the case of Senator BOXER; 12 minutes Government, and we should know more going down, not up. And it means this for Senator GRAMS; 10 minutes for Sen- about what they do. We have to do country can have a higher rate of ator GRASSLEY; 5 minutes for Senator away with the shroud of secrecy. We growth. There are Democrats and Re- BRADLEY; and 5 minutes for Senator have to peel back this cloak that they publicans who believe very strongly KENNEDY. covered themselves with since 1913. that a 2.5 percent growth rate for our The PRESIDING OFFICER. Without This rainy-day fund they have set up is economy is anemic and cannot provide objection, it is so ordered. not a rainy-day fund, it is for a hurri- the kind of opportunity and expansion Mr. LOTT. I yield the floor. cane. They have this spending free-for- that we need in this country. f all attitude. That has to stop. They I hope, in addition to the discussion PRESIDENT CLINTON’S BUDGET have a blank check mentality. I would we will have about what the Fed is FOR FISCAL YEAR 1997 like to know who is minding the shop, doing, how it runs its operations, how because 1913 accounting practices must it spends its money—in addition to Mr. GRAMS. Mr. President, tucked be put to a stop. that, and we should have that discus- into the 2,000-page, 9-pound-11-ounce Several Senators addressed the sion as a result of this report, I hope stack of documents that make up Chair. we will also have a discussion about President Clinton’s latest budget was a The PRESIDING OFFICER. The Sen- the Fed’s monetary policies, and small booklet that many people might ator from North Dakota. whether they are appropriate to try to have overlooked. That booklet is called Mr. DORGAN. Mr. President, how produce the kind of economic future ‘‘A Citizens Guide to the Federal Budg- much time do I have remaining? that we want in this country. In my et.’’ I would like to read to you a cou- The PRESIDING OFFICER. The Sen- judgment, they are not. ple of the paragraphs from chapter 2, ator from North Dakota has 41⁄2 min- Two years ago, we saw the Federal and that chapter deals with where utes remaining. Reserve Board increase interest rates money comes from and where it goes. Mr. REID. And the Senator from Ne- seven times. Why? Because they were It says: vada? heading off the fires of inflation, they In a typical American household, a father The PRESIDING OFFICER. The Sen- suggested. But inflation was not going and mother might sit around the kitchen ator from Nevada has 21⁄2. up, inflation was going down, and it table to review the family budget. They Mr. DORGAN. Mr. President, let me continues to go down. might discuss how much they expect to earn use a couple of these minutes by trying each year, how much they can spend on food, What they managed to do with those shelter, clothing, transportation, and per- to put this in perspective. interest rate increases was to slow There is the policy issue with respect haps a vacation, and how much they might down the American economy. That is be able to save for future needs. to the Federal Reserve Board, how it not such a significant talent. My Uncle If they do not have enough money to make behaves, what it does, how it impacts Joe can slow down the American econ- ends meet, they might discuss how they can this country’s economy. Then there is omy. Just bring Uncle Joe to town, and spend less, such as cutting back on res- the issue that we raised with respect to I am sure he can figure out how to taurants, movies or other entertainment. the GAO evaluation of the Fed. That is throw a wrench in the crank case. It They also might consider whether to try to earn more by working more hours or taking what we are discussing before the Sen- does not take a special talent to slow ate today. another job. If they expect their shortfall to down the economy. be temporary, they might try to borrow. This 200-page evaluation of the Fed- The question is, how do we get the This is from the ‘‘Small Citizens eral Reserve Board and its operations economy moving again, a vigorous Guide to the Federal Budget.’’ I agree is the most significant look inside the economy with new jobs and new oppor- with every word of that—the situation Fed in 70 or 80 years. What it shows, as tunities for all Americans, without it describes is precisely what American we have indicated, is they have stashed raising the specter of additional infla- families are facing today. But then the away $3.7 billion for a surplus, despite tion? That is the task for all of us. booklet continues and says: the fact they have not had a loss in 79 The Federal Reserve Board sees itself consecutive years. They are spending on a singular mission: Keep economic Generally speaking, the Federal Govern- more and more during times when oth- growth somewhere in the range of 2.5 ment plans its budget much like families do. ers in the Federal Government are percent. That is not enough growth for Generally speaking Mr. President, being told they ought to tighten their this country. No one ought to be satis- the Federal Government plans its belts. Those issues are issues the Con- fied with that. It does not produce the budget nothing at all like a family gress ought to deal with. The Federal jobs or the opportunities this country across the country has to do. Reserve Board ought to be subjected to needs. A family does not have unlimited ac- an annual independent audit. We ought Mr. President, I hope that even as we cess to a credit card access that has al- to have information and knowledge discuss the report about what the Fed lowed the Federal Government to about what is going on behind that does and how it spends its money, we amass a national debt of more than $5 fence. That is the reason we want to will alternatively discuss Federal poli- trillion. make sure our colleagues, the relevant cies, especially in the area of monetary A family would not be allowed to committees, and others will be able to policy. spend beyond its means forever—it evaluate the wealth of information Mr. President, I yield the floor. would reach its credit limit and the that exists in this draft GAO report. Mr. LOTT. Mr. President, I suggest family would eventually have to tight- Let me, finally, say a word about the the absence of a quorum. en its belt and begin paying back its policies of the Federal Reserve Board The PRESIDING OFFICER. The debt. The Federal Government, on the itself, which are different, separate and clerk will call the roll. other hand, just continues to steal apart from the issues we have been dis- The legislative clerk proceeded to from our children. cussing. I have very serious reserva- call the roll. A family does not have the resources tions about the monetary policies pur- Mr. LOTT. Mr. President, I ask unan- of foreign investors they can turn to sued by the Fed. As I have indicated, imous consent that the order for the when the bill come due. The Federal the Federal Reserve Board has seemed quorum call be rescinded. Government does, and expects the tax- to feel, now, for some long while, that The PRESIDING OFFICER. Without payers to foot the bills and the massive this country cannot have economic objection, it is so ordered. interest payments those bills generate. growth rates above 2.5 percent. If they f And finally, a family could not im- fancied themselves as a set of human pose hundreds of millions of dollar brake pads whose mission in life is to EXTENSION OF MORNING worth of new taxes and fees on its slow down the American economy, I BUSINESS friends and neighbors to help offset its say they have succeeded. Give them a Mr. LOTT. Mr. President, I ask unan- own extravagant spending. But the trophy. imous consent that morning business Federal Government can, and it does.

VerDate Aug 31 2005 05:10 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26MR6.REC S26MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 26, 1996 CONGRESSIONAL RECORD — SENATE S2845 For years, I have used the story of every year of the President’s plan. By devastated by the Clinton crunch that the family sitting around the kitchen the time we have reached the year 2002, has trapped them somewhere between table as an example of how middle- the national debt will have ballooned the falling wages and the President’s class Americans understand budgeting from $4.9 trillion this year to almost economy has generated, and the rising in a way Washington never will. $6.5 trillion. That is an increase of taxes the President’s budgets have de- The methodical, commonsense ap- nearly 27 percent in just 7 years. manded. proach to reconciling expenses against And where are the tax cuts the Presi- That is why families are having trou- revenues represents everything that dent has repeatedly promised American ble making ends meet—the middle- Washington is not. families? It is practically nonexistent. class squeeze is squeezing them dry. A So to suggest that the Federal Gov- The President claims he is cutting, but balanced budget would help, and the ernment’s free-spending, unaccount- in reality, most of his tax reductions people deserve one, but the President’s able ways have anything in common are offset by new tax increases. This is budget is not the answer. with the way the working-class people unacceptable. We have to inject a dose of reality of this Nation plan their budgets is lu- It is nothing but token tax relief, and into the proceedings: President Clinton dicrous. his child tax credit is a sham. It begins can claim to support all of these goals, Librarians take notice: The Govern- at $300 per child, is slowly ratcheted up but every time he has had the oppor- ment will recommend that ‘‘A Citizen’s to $500, and then eliminated just 2 tunity to prove it, he has let us down. Guide to the Federal Budget’’ be filed years later. By the way, teenagers are Congress passed a budget that bal- in the bookshelves along with the rest too old to qualify. ances in 7 years, protecting our chil- of the official Federal publications. The President pays for all this big dren and grandchildren by freeing them I say it ought to go up alongside government not by controlling Wash- from a legacy of debt and tax increases. Louis L’Amour and the Harlequin Ro- ington’s appetite for spending, but by Our budget lets taxpayers keep more mances, because it is pure fiction. spending the savings Americans have of their own dollars, for spending on Mr. President, there is no question sacrificed over the last year toward a things important to families, not on that families are facing tough times. balanced budget. things Washington thinks are impor- Money is tight, and there is not Other areas of the budget that de- tant. Our budget says a life on welfare is much left at the end of the day to put mand the President’s immediate atten- not much of a life at all, and we offer away for savings. tion are virtually ignored. encouragement to get people off the They are cutting back in order to He does practically nothing to save the failing Medicare system and bring welfare rolls and into society. make ends meet—skimping not just on Our budget says seniors ought to entertainment, as the authors of ‘‘A it into the 21st century. Under the Clinton plan, Medicare re- have a Medicare system they can rely Citizen’s Guide to the Federal Budget’’ on, so we save it from bankruptcy and would have us believe, but too often on mains a relic from 1960’s that does not work in the 1990’s, and will not survive offer Medicare patients the same kind necessities like new clothes, insurance, of health care choices that are now or even groceries. much beyond it. His budget does not reform Medicaid, available to everybody except seniors. Their credit card bills are straining Our budget does all of that and more, under the load, They are working two either. At a time when a bipartisan coalition and yet despite his claims that he en- or three jobs and taking on overtime of Governors is calling on Washington dorses each of those goals, as we all hours just to make ends meet. know, the President vetoed every sin- But why are things so tight for to entrust the States with managing this vital program, the President says gle one of those measures. American families? A close look at the So you can see why it is hard to get President’s latest budget offers some Washington has all the answers. He does not make fundamental excited about the President’s professed answers. changes in welfare to control spending. interest in a balanced budget, tax re- In his State of the Union Address de- The President would not ‘‘end welfare lief, and welfare and Medicare reform, livered just 2 months ago, President as we know it’’—he would extend wel- when his commitment to them seems Clinton boldly declared that ‘‘the era fare as we know it. to go no deeper than the tip of his veto of big government is over.’’ The President’s budget plan is just a pen. Big government presumably meant bandage on a wound that’s demanding The President met with the distin- the high taxes that have squeezed the emergency surgery. guished majority leader and Speaker middle class, the gigantic bureaucracy President Clinton is asking the GINGRICH last week, and they will meet that has made redtape a synonym for American family to pay for his cam- again. I wish them well, because nego- Washington inefficiency, and the paign and he needs to pay off Wash- tiating with the President is like box- wasteful spending that has drained the ington bureaucrats and special interest ing with a jellyfish—it is hard to score taxpayers of their precious dollars. groups. any points when your opponent seems But maybe big government means His demand for billions of additional to have no backbone or any firm prin- something different to the President. taxpayer dollars to finance bigger gov- ciples of his own. Under the budget he outlined Tuesday, ernment, again, is consistent with his But if there is any hope of reaching big government is far from dead. In support for big Washington govern- an agreement on a budget this year, we fact, it is off the respirator, breathing ment. will need to see some encouraging signs on its own and taking nourishment. And President Clinton funds his new soon. The Clinton budget—the ninth budg- spending, again, through increased So, Mr. President, on a closing note, et he has sent to Congress in the last 12 taxes, increased user fees, and one-time if the Nation were to continue along months—is nothing more than the sta- sales of assets financed directly by the the path outlined by the President and tus quo his administration continues taxpayers. the congressional majorities which to deliver, because it calls for increas- Mr. President, I am a firm believer came before him, a pathway dominated ing Federal spending every year over that privatization is crucial to reach- by high taxes and big government, I am the course of the 7-year plan, until ing a balanced budget and protecting afraid we might begin to parallel the we’re spending nearly $1.9 trillion just taxpayer dollars. But what is the point experiences of Sweden. after the turn of the century. in selling off assets if we are just going There is this article from the Associ- The President claims he will pay for to spend it on a bigger government? ated Press that appeared in the Min- all that new spending with unspecified Asset sales should be dedicated to neapolis Star Tribune on March 15. cuts in domestic programs sometime in deficit reduction—if they are not, and In this article it describes what hap- the future. Most of the cuts would not are simply redirected by Congress into pens when a nation guided by the belief come until after the year 2000, meaning another Federal program, how are the that as long as it was collecting plenty Bill Clinton will never have to make taxpayers any better off than they of taxes and building plenty of govern- any of those tough choices. were before the sale happened? ment, it could provide a good life for As the President’s budget grows, so Unfortunately, this budget will do everyone. But that has met the reali- does the Nation’s debt, again, rising nothing to help working Americans ties of the 1990’s.

VerDate Aug 31 2005 05:10 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26MR6.REC S26MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2846 CONGRESSIONAL RECORD — SENATE March 26, 1996 With a top income tax rate of 49.9 1991. It drew scrutiny on at least two problem may lie at the very top, with percent, Sweden ranks as one of the accounts about the behavior of Com- people like Secretary Dalton and the two highest-taxing countries in the mander Stumpf. It says he was present Chief of Naval Operations, Admiral world. ‘‘But today,’’ says this article, in a hotel room hosted by his squadron Jeremy Boorda. ‘‘Swedes are deep in debt, taxed to the where two strippers performed, al- Mr. Dalton and Admiral Boorda limit, edgy about unemployment, and though he left the room before one of should have been flagged—just like cynical about the model in which they the women engaged in a sex act with Commander Stumpf was—when their once took pride.’’ another airman. Now, he avoids all re- promotions came up here to be at these Even Soviet leaders once praised sponsibility for that. I assume that is highest ranks. Unresolved issues in Sweden’s welfare state. But now, con- the moral of the story, why it should their past raise questions about their tinues the story, ‘‘the welfare dream is not be considered in whether or not he integrity and their ability to lead the in crisis, along with the Social Demo- gets a promotion. Navy. The adverse information in their cratic Party that built it.’’ It would be similar if I had a Christ- background should have been exposed While Bill Clinton and the liberal es- mas party for my staff and I hired a to public scrutiny and debated, but tablishment try to push America to- couple of strippers, and before they did that did not happen. ward the kind of high-taxing, big- their act, before other things would Surely these troublesome facts lay spending government Sweden has tried happen, I leave the party and claim no buried in Government files somewhere and is now rejecting, Sweden’s Social responsibility for that. Commander during the confirmation process. We Democrats are pushing for a balanced Stumpf was the commander. It was his were sleeping at the switch when they budget, tighter welfare rules, and en- group that was involved. He thinks he were slipped quietly through the Sen- trepreneurship. can avoid responsibility for what goes ate confirmation net. Mr. President, we ‘‘There is a growing insight that you on there. I think not. had no reason to ask questions about can’t tax a society into equality.’’ Let But also for the entire Navy, I point Mr. Dalton. Mr. Dalton was presented me say that again. ‘‘There is a growing out that when you have that sort of to the Senate as a financial wizard insight that you can’t tax a society convention, it is under the auspice of with extensive business and managerial into equality.’’ That is from a speech- the U.S. military, and we have two experience. He got a green light instead writer for Sweden’s retiring prime min- strippers hired and a sex act performed of a red warning flag that his wizardry ister. with an airman, I remind the Navy— deserved. Somehow, Mr. President, we have and I say this because farming is my Mr. Dalton was confirmed on July 21, moved perilously close to following in background and my son operates our 1993. Exactly 1 year later, the dam- Sweden’s footsteps, but it is not too family farm—that is the way animals aging information in Mr. Dalton’s late to take a step back. operate. Animals operate that way. background began leaking into the If we are serious about giving our Human beings, in their interaction public domain. The New York Times children a better future, the best thing with people of opposite sex, do it with ran a front-page story on July 22nd, we can do is to cut taxes, end the cur- love and with concern and of course 1994. It was written by Mr. Jeff Gerth. rent spending frenzy, balance the budg- with the goals that every act of love This is how it began: et, and begin paying off the national has. That is what separates human When President Clinton announced that he debt. beings from animals. I suggest to the had picked John H. Dalton to be Secretary of ‘‘Americans want a government that Navy that they act like human beings the Navy, he praised the nominee’s true lead- uses common sense when it makes de- and not like animals. ership ability as a Texas businessman. cisions that affect their lives,’’ con- I want to put this whole thing in a As Mr. Gerth pointed out, ‘‘There was cludes the administration’s little budg- different context because the latest a part of Mr. Dalton’s background that et primer. tremors concern the future career of most Senators were unaware of.’’ I agree, as long as we’re talking this Navy Commander, Robert Stumpf. His leadership was not advertised. We about the common sense of a family Commander Stumpf’s promotion to the did not know he was deeply involved in crafting its budget around the kitchen rank of captain has been blocked, and the management of at least two failed table, and not the nonsense we too properly so. The committee remains savings and loan institutions. Mr. Dal- often craft around the conference ta- opposed to the promotion because Com- ton’s S&L’s were bailed out at the cost bles here in Washington. mander Stumpf is suspected of inappro- to the taxpayers of $100 million. f priate behavior, as I described at this As president of one S&L institution, Tailhook convention. Mr. Dalton was threatened with a suit NAVAL PROMOTIONS Last week, under intense pressure by the Federal Deposit Insurance Cor- Mr. GRASSLEY. Mr. President, 2 and lobbying, the committee reexam- poration for violating State and Fed- weeks ago I spoke in support of the ined the promotion one more time, and eral laws and for gross negligence. The Senate Armed Services Committee not the outcome was sustained. Com- institution’s insurance companies had granting promotion to Comdr. Robert mander Stumpf is off the promotion to pay $3.8 million to settle a civil suit. Stumpf. Last Thursday night I had an list and will stay off. I said 2 weeks ago Now, Mr. President, this is very dam- opportunity to listen to Senator that I support the committee’s action, aging information, I believe. It raises COATS, Senator BYRD, and Senator and I support their reconsideration by questions about the Secretary’s integ- NUNN speak on the same subject. I taking no action. rity and his ability to lead the Navy. agree with everything they said. I will Unfortunately, Mr. President, I do How did he skate right through con- speak, once again, on that same sub- not think we have heard the last from firmation without red warning flags? ject but put it in a little broader con- Commander Stumpf. A recent report in Commander Stumpf got the flag treat- text. the Washington Times suggests that ment for the big question marks in his Before I do that, there was, last Commander Stumpf’s name will be on file, and rightly so. Why did Mr. Dalton Thursday, in the Washington Post this the 1997 captain’s promotion list. Now not get flagged and confronted? article about Commander Stumpf and the good commander is suing Secretary We had an identical experience with the Navy, pushing for his promotion to of the Navy Dalton for helping the Sen- Admiral Boorda’s nomination. He, too, be granted again. I suppose that means ate to improperly block his promotion. slipped right through the confirmation it will come back to the Senate Armed Commander Stumpf’s predicament is net. Admiral Boorda should have been Services Committee sometime in the a sign of a much bigger problem. It is flagged. Admiral Boorda was confirmed future. the ‘‘problem of naval leadership,’’ as on April 1, 1994. About 2 months later I If people wonder why this might not one naval aviator put it recently. The picked up a newspaper and saw this be granted, I read a paragraph from Navy’s leadership problem neither be- headline, ‘‘Court Says Navy Brass this article. It talks about the gins nor ends with Commander Stumpf. Shielded Official’s Son: Lenient Treat- Tailhook conference 4 years ago in Ne- The root cause of the problem may be ment is the Latest Plight in the Sys- vada. It talks about the behavior at the much higher up in the chain of com- tem.’’ That is a headline. This report Tailhook convention in September mand. I believe the Navy’s leadership appeared in the Washington Post June

VerDate Aug 31 2005 05:10 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26MR6.REC S26MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 26, 1996 CONGRESSIONAL RECORD — SENATE S2847 15, 1994. It was written by Mr. Barton the top, like Mr. Dalton and Admiral I want to give you my feelings as to Gellman. Boorda, set an example of excellence in how much work has gone into this Pre- Mr. Gellman’s report went on to say, their personal behavior. sidio legislation. I already told you ‘‘Some of those criticized by the court I suggest, once again, that as far as that the vision was established in the in the case remain in important posts. what went on at the Tailhook scandal, 1970’s, and in the 1980’s when the Pre- Among them is Admiral Boorda.’’ That I want to remind the Navy that those sidio was closed, we all realized at that really bothered me, so I got the court things are things that are done in the moment that it would become a glo- document and read it. I was truly dis- animal kingdom, and human beings rious park. We also knew that funds mayed by what I saw—a bunch of sen- should not be involved in that sort of were not there to keep it in the pris- ior naval officers behaving in dishonest sexual behavior. tine condition. We figured out a way, ways. So I came to the floor of this I yield the floor. with Congresswoman PELOSI’s leader- body, and on June 28, 1994, spoke on Mrs. BOXER addressed the Chair. ship, and Senator FEINSTEIN and I this subject. If the people are won- The PRESIDING OFFICER (Mr. working with many others, we intro- dering what I spoke about a year ago COVERDELL). The Chair recognizes the duced the bill that would set up a on this subject, they can find it in the Senator from California. trust. Everyone agrees that it is a won- CONGRESSIONAL RECORD S7744 to S7745. f derful idea. Those are the pages. PRESIDIO PROPERTIES I want to compliment Senator MUR- My concern about Admiral Boorda’s ADMINISTRATION ACT KOWSKI for coming out to the Presidio on more than one occasion to meet character comes directly from that Mrs. BOXER. Mr. President, I just military court document. Specifically, with the people. Senator CAMPBELL has want to express some conflicting feel- been a key person working on this. an opinion by the United States Navy- ings here this morning about the bill Senator CHAFEE went out to visit the Marine Corps Court of Military Review we are about to go to. I know the Sen- in the case of the United States versus Presidio. Perhaps, for me, the most re- ator from Alaska understands this be- warding thing happened when Senator Chad E. Kelly, U.S. Navy. The docu- cause we have been talking and work- ment is dated June 13, 1994. DOLE went out and, in fact, agreed this ing together on the Presidio for quite was the way to go. This was a clear-cut case of command some time. influence and abuse of command au- So we did something here that we did The Presidio legislation that is about not think was possible. We reached thority. to be before us—if it simply was the The court document clearly indicates across party lines and we agreed on an Presidio and other environmental approach for the Presidio that both that Admiral Boorda may have inter- issues that were not controversial, this fered with a criminal investigation. Democrats and Republicans could sup- would be one of my happiest days since port. Did it have everything that this Now, Admiral Boorda claims he was I came to the Senate, because, for me, unaware of the suspect’s criminal ac- Senator wanted? No. Did it have every- the Presidio bill is so close to my thing that the Senator from Alaska tivities when he had him transferred to heart. Mr. President, I represented, for his own headquarters. That may be. wanted? No. Clearly, we would have many years, the congressional district written it a little bit differently. But The suspect was a low-ranking enlisted in which the Presidio sits. Years ago, man who happened to be Navy Sec- we worked together and we got a won- Congressman Phil Burton, looking at derful bill. retary Garrett’s son. He was suspected the Presidio, said, ‘‘If the gates ever of drug use, larceny, credit card fraud, It is hard for me to imagine why it close, we would not want to lose this now has to get caught up in this tangle receipt of stolen property, and lying extraordinary resource.’’ Back in the with the Utah wilderness bill, other under oath. That is very heavy stuff. early 1980’s—actually, I stand cor- than the fact that there are those who Once Admiral Boorda realized crimi- rected, in 1972, Congressman Burton’s nal behavior was involved, Garrett are pushing that bill and feel the only legislation creating the Golden Gate way they can pass it is to get it on the should have been ordered back to the Recreation Area and the Presidio was Presidio train. scene of the crime—consistent with passed. The law provided that the Pre- The PRESIDING OFFICER. The common Navy practice. But that did sidio would become a national park Chair advises the Senator from Cali- not happen. Why not? when it was no longer needed by the fornia that the 5-minute limit has been Now, Mr. President, this brings me Army. exceeded. back to Commander Stumpf. We should In 1988, when the Base Closure Com- Mrs. BOXER. I ask unanimous con- not be surprised, when Commander mission recommended the closure, the sent for another 3 minutes. Stumpf sets a bad example. A follower law kicked in and triggered this incred- The PRESIDING OFFICER. Without likes to imitate a leader’s behavior. He ible new park called the Presidio for objection, it is so ordered. is not blind. He sees the big boys abus- the people of this country. Mrs. BOXER. So we have a national ing the system, doing bad things, and So why do I say that I am faced with historic landmark. Five hundred build- getting rewarded for it. So he figures it such a terrible conflict here? It is be- ings are on the National Register of should be OK for him to do it as well. cause, rather than just voting this Pre- Historic Buildings. We need to make No aspect of leadership is more pow- sidio legislation up or down—which, by sure that these buildings do not dete- erful than setting a good example. If the way, we can do in 10 seconds be- riorate and make sure we get the reve- the Secretary and Chief of Naval Oper- cause everybody agrees it is so impor- nues to support the Presidio. Today, ations expect integrity, discipline, tant; it sets up a trust, and that would what are we faced with? The best of courage, and competence from their enable us to use the buildings on the bills and the worst of bills—in one bill. followers, then they must demonstrate park to create revenue to keep the It is like the Dr. Jekyll/Mr. Hyde ap- those very same qualities themselves. park in good shape and to keep it safe proach here. We take a wonderful piece Herein lies the crux of the Navy leader- and beautiful—we have this tangled up of legislation, the Presidio trust bill, ship problem. in the Utah wilderness conflict. and everyone supports it from both Mr. Dalton and Admiral Boorda de- I suppose there are those who say, parties, the whole spectrum, and it mand excellence from Commander well, that is just the way it is done. gets hooked to this Utah wilderness. Stumpf, but failed to deliver it them- Well, I simply do not buy that. If we I hope, Mr. President, a couple of selves. ‘‘Flagging’’ is good for junior of- really want to make progress here, if things will occur today in the time ficers, but somehow not for admirals we really want to cut through the grid- that we have. No. 1, I hope we take the and above. That attitude does not sit lock, what better chance do we have Utah wilderness bill out of this omni- well with junior officers. The big boys than to pull out this Utah wilderness bus bill. It deserves its own debate. are asking their troops to do some- bill—which is so controversial that it Right now, 3.3 million acres of that thing they are unwilling to do them- deserves its own separate attention— Utah wilderness are basically under selves, and that just does not work. and pass these other environmental protection. If this bill passes, half of So we cannot begin to address short- measures that are so important to the those acres are going to lose protec- comings in the leadership at Com- people of the country? We could do tion. How can we even call it a Utah mander Stumpf’s level until those at that in a minute. wilderness bill? Clearly, it puts the

VerDate Aug 31 2005 05:10 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26MR6.REC S26MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2848 CONGRESSIONAL RECORD — SENATE March 26, 1996 Senators from California in a very, difference. However, the amendment the suspenders have been removed. The very difficult position. still says that the lands released ‘‘shall land exchange provision should be of So I hope we can move this Presidio not be managed for the purpose of pro- concern to taxpayers since the State is on its own. Senator DOLE and Senator tecting their suitability for wilderness going to likely give up land of little DASCHLE both agree—they both cospon- designation.’’ value in exchange for very valuable sor this bill—that it could be moved in The previous version of the bill as re- Federal land on which they will want a moment by a unanimous-consent re- ported out was a kind of belt and sus- to mine coal, according to the Assist- quest. Let us not load it down with a penders approach to release. It had two ant Secretary. The exceptions to tradi- bill that has serious, serious problems. protections against further wilderness tional wilderness rules for motor vehi- I hope we can get to the point where designation. The revised version still cle, also to water rights language, all this is truly a celebration for the peo- leaves the belt even though the sus- are very ominous precedents. ple of California, that we can have our penders have been removed. It still re- And finally there is the assertion bill, have it stand alone, and take up mains an unprecedented provision in that there was nothing wrong with the the controversial matters independ- wilderness bills. BLM inventory process. The distin- ently. Next, the protected areas. Is it fair to guished Senator from Utah basically I thank you very much, Mr. Presi- say that almost 20 million acres have said that this was not the case, and he dent. I yield the floor at this time. been released and can now be ex- quoted Jim Parker, a former Utah Mr. KENNEDY addressed the Chair. ploited? The distinguished Senator BLM State director, to support the as- The PRESIDING OFFICER. The from Utah questioned whether you sertion that the BLM’s inventory was Chair recognizes the Senator from Mas- could say that, but both versions of the not seriously flawed. Mr. Parker has sachusetts. bill as reported and as amended find made statements supporting the BLM f that all public lands in the State of wilderness inventory and has been Utah administered by the BLM have cited as an expert. However, Mr. ORDER OF PROCEDURE been adequately studied for wilderness Parker did not work on the BLM in Mr. KENNEDY. I think there was a designation. This eliminates further Utah during the inventory but was liv- unanimous consent request that was consideration of approximately 20 mil- ing in Washington, DC, at the time. made by the Republican leader on how lion acres. I think it should be clear what the we are going to use morning business. There are other problems which I will BLM’s position is on this bill. Yester- Am I correct? not get into at this stage, but I would day, I received a letter from Bob Arm- The PRESIDING OFFICER. That is like to just focus on the acreage where strong, the Assistant Secretary of correct. Each Senator is allowed to the distinguished Senators from Utah Lands, Minerals and Management, that speak up to 5 minutes with the excep- have asserted that plenty of land in the supports the view that the BLM offi- tion of Senator REID of Nevada and Kaiparowits Plateau and other areas, cials recognize the Utah BLM process Senator DORGAN of North Dakota, who plenty of land has already been pro- was in fact flawed. Mr. Armstrong each have 15 minutes reserved. tected—125,000 acres in Kaiparowits says: Mr. KENNEDY. I am asking whether and 110,000 in Dirty Devil Canyon—but I am told by professional career staff at all the consent request went after 11 the point is what is not protected. levels of the organization that the Utah wil- o’clock. I think the Senator from Mis- There are about 525,000 acres in derness process was the most controversial, sissippi requested it for some of us. Kaiparowits that were in the House bill and perhaps the most political, in the entire The PRESIDING OFFICER. Senator and 152,000 acres in the Dirty Devil BLM wilderness process. BRADLEY of New Jersey and Senator area. So the question is not what is The letter goes on to state: KENNEDY of Massachusetts are author- protected but what is not protected, It is the position of the BLM that far too ized to speak up to 5 minutes at this particularly on the Kaiparowits Pla- little land is protected under this bill and point. teau. too much land is released for development. Mr. KENNEDY. I thank the Chair. The proponents of the bill have basi- In short, no one should be claiming the sup- Mr. BRADLEY addressed the Chair. cally constantly referred to the House port of the Bureau of Land Management and The PRESIDING OFFICER. The bill which is 5.7 million acres. I am not its professional staff— Chair recognizes the Senator from New pushing 5.7 million acres. I have not in- No one should be claiming BLM sup- Jersey. troduced a bill that advocates 5.7 mil- port— Mr. BRADLEY. I ask unanimous con- lion acres, nor has any such bill been for S. 884. sent that I be allowed to complete this. introduced. I am simply concerned that I ask unanimous consent that the I do not think it will be longer than 5 2 million acres is far too little to pro- letter from Mr. Armstrong be printed minutes, but if it is, it will be a minute tect out of 22 million acres of BLM in the RECORD. or two, and I prefer not to be inter- land. I am concerned that all the re- There being no objection, the letter rupted. maining land would be permanently re- was ordered to be printed in the The PRESIDING OFFICER. Without leased from consideration as wilder- RECORD, as follows: objection, it is so ordered. ness. But once again I am not saying DEPARTMENT OF THE INTERIOR, f that 5.7 is the right number. Keep in OFFICE OF THE SECRETARY, mind that it is 3.2 million acres that PRESIDIO PROPERTIES Washington, DC, March 25, 1996. are currently protected as wilderness. ADMINISTRATION ACT Hon. BILL BRADLEY Also, the Senators from Utah should U.S. Senate, Washington, DC. Mr. BRADLEY. Mr. President, I wish recognize that if the Utah wilderness DEAR SENATOR BRADLEY: I understand you to address a few of the points that were bill does not pass or is vetoed, the re- will shortly be considering whether to in- made yesterday by the distinguished sult will not be that 5.7 million acres clude S. 884, the ‘‘Utah Public Lands Man- Senators from Utah on the underlying are protected. Instead, for the time agement Act of 1995,’’ in an omnibus package wilderness bill. First, there is the as- of parks legislation. I would like to clarify being, the 3.2 million will remain pro- the record with respect to the position of the sertion that S. 884, that we are now tected for study and a new rec- Bureau of Land Management and the Depart- dealing with, had been fixed, particu- ommendation will have to be devel- ment of the Interior on the subject of the larly that the release language had oped. acreage covered in this bill. been fixed, been modified. Third, there is the assertion that In 1991, President Bush forwarded his rec- It has been modified somewhat, I acreage is an issue for Utah to resolve. ommendation that 1.9 million acres of Utah think, to reflect the debate in the En- I would argue that acreage is far from lands be immediately protected as wilder- ergy Committee but despite all the the only issue here. In fact, there are ness. The Congress did not act on that rec- changes the amended version just drops ommendation and President Clinton did not many other issues that should be of adopt it when he came into office. Interest- the requirement that the released great concern to other Senators and to ingly, President Bush did not support the lands shall be managed for ‘‘nonwilder- other taxpayers. ‘‘hard release’’ of the rest of Utah’s lands, as ness multiple purposes’’ and sub- As to the hard release language, as I is proposed in this bill, and neither does the stitutes a full range of uses—not much said, the belt is still there even though Clinton Administration.

VerDate Aug 31 2005 05:10 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26MR6.REC S26MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 26, 1996 CONGRESSIONAL RECORD — SENATE S2849 Last July, Deputy Assistant Secretary substitute amendment offered by Sen- What we are being faced with is an- Sylvia Baca testified before the Senate re- ator MURKOWSKI to be amendable in other procedural effort by our Repub- garding the numerous problems with this two degrees. Also, as a reminder, a clo- lican friends to deny the Senate taking legislation. She testified that the Bush pro- ture vote will occur on that substitute action on this issue. This is a similar posal of 1.9 million acres is ‘‘inadequate to kind of avoidance by the Senate that protect Utah’s great wilderness resources.’’ tomorrow morning under the provi- In fact, S. 884 would remove protections for sions of rule XXII. we saw on July 31, when we voted 48 to some 300,000 acres recommended for wilder- Senators have until the hour of 5 49 on a sense-of-the-Senate resolution; ness by President Bush. today in order to file first-degree again on October 27, 1995, 51–48 to over- Nevertheless, some supporters of the legis- amendments to the substitute. I thank ride a budget point of order on the lation have repeatedly sought to portray the my colleagues. We have worked with issue on the minimum wage, raised by position of the previous Administration as the Democratic leadership in getting my colleague, Senator KERRY. that held by the Bureau of Land Manage- this agreement. We had a hearing on this issue on De- ment, or to claim that ‘‘field professionals’’ cember 14, 1995. We have not had the f independently and objectively formulated markup. We have not reported any- the previous Administration’s position. This EXTENSION OF MORNING thing out. We were prepared to debate is not the case. I am told by professional ca- BUSINESS reer staff at all levels of the organization this issue, which is of such funda- that the Utah wilderness process was the Mr. LOTT. I now ask there be a pe- mental importance and fairness to most controversial, and perhaps the most po- riod for morning business until the working families in this country. Now litical, in the entire BLM wilderness process. hour of 12:30, with the time between we are caught up in a procedural situa- It is the position of the Bureau of Land now and 12:30 equally divided between tion where we are, at least at this Management that far too little land is pro- the two leaders or their designees. time, foreclosed from being able to tected under this bill and too much land is Mr. BRADLEY. Mr. President, re- offer it. released for development. In short, no one serving the right to object. I can even foresee the possibilities should be claiming the support of the Bureau The PRESIDING OFFICER. The where that will continue in the after- and its professional staff for S. 884. noon, as we are coming down to the We have reviewed the most recent changes Chair recognizes the Senator from New proposed by the bill sponsors and find that Jersey. line for a cloture motion to be voted on the same basic problems exist: too little des- Mr. BRADLEY. I suggest the absence tomorrow, where those, under the cur- ignated, too much opened to development, of a quorum. rent situation, under the right of rec- unprecedented ‘‘hard release’’ language, re- The PRESIDING OFFICER. The ognition, will be able to offer an duced protections inside wilderness, and un- clerk will call the roll. amendment and then offer another precedented land exchange language. The The bill clerk proceeded to call the amendment right on top of that and Secretary has indicated—most recently in a roll. virtually foreclose our opportunity to March 15, 1996, letter to Senator Mur- Mr. LOTT. Mr. President, I ask unan- speak for working families, the 13 mil- kowski—that he would recommend the imous consent that the order for the lion working families who have not ex- President veto legislation carrying the text perienced any increase since 1991 and of S. 884. It continues to be my hope that the quorum call be rescinded. core problems of this bill can be fixed so the The PRESIDING OFFICER. Without have seen the real value of that min- President receives legislation he can sign. objection, it is so ordered. imum wage deteriorate by some 40 per- Sincerely, Mr. LOTT. I renew my unanimous cent. BOB ARMSTRONG, consent request. So we are seeing the commitment of Assistant Secretary, The PRESIDING OFFICER. Without our Republican friends, and Republican Land and Minerals Management. objection, it is so ordered. leadership, which cannot be separated Mr. BRADLEY. I remind my col- The Chair recognizes the Senator from the Republican who is on the bal- leagues that there are 33 titles to this from Massachusetts. lot out in the State of California, Sen- bill. I personally would have no objec- f ator DOLE, as well as the Republican tion to moving almost all 33, and we al- leadership, saying on the issue of work- THE MINIMUM WAGE ready have a veto threat in the form of er fairness, we are not even going to a letter from the Secretary, and yester- Mr. KENNEDY. Mr. President, just as permit you to vote on that or address day also we have a statement of admin- a matter of a point of information, on that on the floor of the U.S. Senate. We istration policy from the Executive Of- yesterday when there was the an- are going to use all the parliamentary fice of the President also being very nouncement of the Republican leader, means of denying working families the clear on that issue. which is on page S. 2839, in the Pro- chance to get any kind of increase in I hope we will be able to recognize gram, Mr. LOTT said, ‘‘For the informa- that minimum wage. that this Utah wilderness bill is far tion of all Senators, the Senate will re- At a time when CEO salaries have from complete and that there are many sume the Presidio legislation tomorrow gone up 23 percent and we are having things that need to be done before it morning with the understanding that record profits in 1995; again, 1991, of 23 could be thought to be a true wilder- Senator DASCHLE or his designee will percent—we are refusing to permit the ness bill. be prepared to offer an amendment at Senate of the United States to even ad- Mr. LOTT addressed the Chair. 10:30.’’ dress this issue, to vote on this issue— The PRESIDING OFFICER. The I am his designee, and I was prepared an issue which will mean some $1,800 Chair recognizes the Senator from Mis- to offer the amendment at 10:30. The for working families. This is an issue sissippi. amendment I was going to offer was which will affect 13 million working f the increase in the minimum wage. I families. It will be the equivalent of a was offering it for myself, my col- year’s tuition in a 2-year college; 9 PRESIDIO PROPERTIES ADMINIS- league from Massachusetts, Mr. KERRY, months of groceries, 8 months of utili- TRATION ACT OF 1995—UNANI- Senator WELLSTONE, and others. ties for working families. We are see- MOUS-CONSENT AGREEMENT This was not in order, I want to make ing, at a time when the disparity be- Mr. LOTT. Mr. President, I ask unan- it very clear. So it was not consent, tween the wealthiest workers and fami- imous consent that the committee-re- but it was an understanding about the lies and poorest families has been ported substitute be agreed to and con- way we were going to proceed. Now, as growing and growing and growing, the sidered original text for the purpose of a result of our indication to try to get small, modest step to try to do some- further amendment. I further ask a debate on the increase on the min- thing for working families, families unanimous consent Senators have until imum wage, and hopefully some action that work 40 hours a week, 52 weeks of the hour of 5 p.m. today in order to file on the minimum wage, we have been the year, trying to make it—we are first-degree amendments, in accord- put into this holding pattern to effec- seeing we are effectively being closed ance with rule XXII. tively deny us that opportunity for de- out. You cannot interpret the kinds of The PRESIDING OFFICER. Without bate and discussion about increasing actions we have heard here this morn- objection, it is so ordered. the wages for working families, some 13 ing to be anything else. Mr. LOTT. For the information of my million working families in this coun- Mr. President, I want to point out, colleagues, this now allows the pending try. because I am on limited time on this

VerDate Aug 31 2005 05:10 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26MR6.REC S26MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2850 CONGRESSIONAL RECORD — SENATE March 26, 1996 morning hour—hopefully we will have that the working families in this coun- Senator DOLE, and others in preventing additional time during the debate try will be heard and we will have a us from even having this amendment going before the break—this has not successful vote. out on the floor and having an up-or- been a partisan issue, historically. Mr. KERRY addressed the Chair. down vote? Does the Senator have any There have only been two Presidents, The PRESIDING OFFICER. The idea, given this bipartisan support, Presidents Reagan and Ford—they are Chair recognizes the Senator from Mas- given how important it is to working the only two Republican Presidents sachusetts. families, given the fact we have heard who have not supported an increase in Mr. KERRY. Mr. President, I thank the majority leader campaign around the minimum wage. President Eisen- my colleague from Massachusetts, Sen- the country about the importance of hower supported it, President Nixon ator KENNEDY, for his leadership in this working families and fairness, what supported it, President Bush supported effort, and Senator WELLSTONE and would be the basis of opposition to our it. The last time we had an increase, others who believe that the moment having this amendment on the floor Republicans supported it. BOB DOLE has really come for us to confront the and having this debate? Does the Sen- supported it. NEWT GINGRICH supported reality of the rhetoric in Washington ator have any idea? it. that talks about worker anxiety, that Mr. KERRY. I must confess to the At that time, we had a Democratic pays lip service to addressing the prob- Senator from Minnesota, I do not un- Congress and a Republican President. lem of downsizing and to the problem derstand that. I cannot understand why Now we have Republican Congress and of the transformation in the American Senator DOLE, who previously voted to a Democratic President. And we ask: workplace. raise the minimum wage, would not Why? Why is it that we cannot, at Countless Senators, on both sides of want to raise the minimum wage above least, debate this issue? And why is it the aisle, have come to the floor on what soon will be a 40-year low in pur- that we cannot afford to provide work- many different occasions and talked chasing power. The minimum wage in ing families with a livable wage? about the difficulties that the Amer- this country soon will be at a 40-year Mr. President, I hope we are not ican worker faces today. low. The poverty level in America is going to hear our Republican friends In the Republican primaries, it be- $12,500 for a family of three. It is $15,150 talk about their concern for working came a major issue as Pat Buchanan for a family of four. On a minimum families in this country when some- focused on the anger that is coming wage, you can earn $8,500, three-quar- thing that we can do, here on the floor out of those workers who work harder ters the level of poverty for a family of of the U.S. Senate today, and the and harder and harder, play by the three, and only about half the poverty House of Representatives can do in a rules, pay their taxes, try to make ends level for a family of four. matter of hours, that can make a dif- meet, teach their kids, and yet they I honestly do not know why the Sen- ference to the lives and well-being of cannot get ahead. ator from Kansas, the majority leader, those—that we are being denied the op- We have an opportunity in the U.S. the nominee-to-be of the Republican portunity to face this issue, to debate Senate to ratify what the Senate has Party, would not want to see the min- the issue, to talk about the issue, to already expressed. Fifty-one U.S. Sen- imum wage raised, particularly since take on the issues which have been ators already voted last year, saying he has previously joined in the bipar- raised against the increase —the ques- they want to vote on a proposal to in- tisan effort to try to do that. I do not tions of inflation, the question of job crease the minimum wage. The min- have an answer. Maybe my colleague loss. imum wage is worth less now than it has an answer. All of those issues which we have de- was when those 51 Senators who voted Mr. WELLSTONE. If I can ask one bated and discussed at other times, we said we need to raise it. other question, because I am trying to are prepared today, with our col- The Republican majority has the op- understand the disconnect between pol- leagues, to debate those here. But we portunity to set the agenda of the Sen- itics in Washington today where at are back at a situation where those ate and, to some degree, thereby, the least for the moment you have a Presi- who lay the agenda out for the Amer- agenda of the country. As my colleague dential candidate, the majority leader, ican people in the U.S. Senate, abso- from Massachusetts said, this is their who does not seem to want us to have lutely refuse to give the American statement about their agenda. Their a debate on this versus what we hear working families the opportunity to be agenda is to not even let the U.S. Sen- back in our States. heard on the floor of the U.S. Senate. ate debate this and have an up-or-down In Massachusetts, as you visit with Mr. President, as we have said before, vote on whether or not a majority of families and spend time in commu- Senator KERRY, Senator WELLSTONE the U.S. Senate thinks it is time to nities, do you find that people talk a and others have said before, this issue raise the minimum wage. lot about the importance of jobs, of de- is not going away. This issue is not Increasing the minimum wage is not cent wages and raising the minimum going away. We have seen the par- a great breaking of new ground in this wage? Is this an issue that you hear liamentary maneuvers to deny us an country. In 1938, we passed a minimum about all the time from people you rep- opportunity to take action. We have wage and set it at 25 cents. In 1938, we resent? seen that before. We know it is out came to a consensus in America that Mr. KERRY. Let me say to my friend there again today. we ought to pay people a minimum from Minnesota, when you talk to I do not understand what it is. Yes, I base standard of living by which they working people in Massachusetts and could understand. It is, again, the ought to be able to work and achieve when you talk to almost anybody— power of special financial interests, the the American dream. Every year since white-collar workers, people who have special interests that just refuse to let 1938, when that wage dipped below be- good jobs in our high-technology econ- working families in this country be cause of inflation and changes in the omy, people who are part of our finan- treated fairly, equitably, and decently. marketplace, we raised the minimum cial services industry, which is one of Finally, this is an issue about women, wage. Democrat and Republican alike the strongest in the Nation—I would since 70 percent of all of those who get joined together to raise the minimum say 80 percent of the people believe the minimum wage are women, and it wage. The last time we raised it was that workers at the bottom rung of the is an issue about children, whether 1989, and I think there were something economic ladder ought to be able to se- they are going to grow up in house- like 86 or 89 votes in the U.S. Senate to cure income from their work that is at holds that are going to be decently fed raise it to the current level of $4.25. least equal to the poverty level. That is and clothed, and in a setting which is Mr. WELLSTONE. Will the Senator all we are asking for here. humane and decent. This is not just an yield for a question? As an example, to answer your ques- issue about men. It is an issue about Mr. KERRY. Yes. tion specifically, a fellow named Neil women and it is an issue about chil- Mr. WELLSTONE. I wonder, given Donovan, who runs something called dren. It is an issue about families. We the bipartisan support since 1938, can Project Impact, which is a Massachu- will not be silenced and we will not be the Senator answer the question for setts organization that puts homeless denied. We are going to continue to me, what would be the basis now for people into jobs, has said that a job press this. I am absolutely convinced the opposition of the majority leader, placement at the minimum wage is, in

VerDate Aug 31 2005 05:10 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26MR6.REC S26MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 26, 1996 CONGRESSIONAL RECORD — SENATE S2851 fact, a recipe for failure. That is the ex- for the adult who is the combination ously? Did they come out of the good- perience of someone who runs a home- breadwinner and parent and the two ness of the hearts of managers or own- less shelter and wants to help those in children. Obviously, if you can buy the ers of the coal mines or the steel mills the shelter to move toward self-suffi- 7 months of groceries, you then may or the railroads of this Nation? No. ciency. also be able to move some of the money Everybody knows the sacrifices that Why is that? I can tell you, using as you had been spending on food to pay the labor movement had to make, and examples people who live in homeless the heating bill, pay the rent, pay the that people lost their lives. People shelters. There is a fellow about whom utilities, or, if you are lucky enough to were shut out, people were starved, I have talked recently who lost his job. own a home, pay the mortgage. But, of people were hit over the head, knees He is now in a homeless shelter. Four course, you are very unlikely to own a were broken. People were killed be- months ago, he found a new job. He is home if the family’s income depends on cause workers had to fight for the right working as a stock clerk, doing errands a minimum-wage job. to be able to get a decent wage. There in a small operation. He is working at But there are many Americans who was even a time, believe it or not—how the minimum wage, and at the end of are hampered in what jobs they can get amazing—when people had to strike be- the week, he brings home $132.50. He because they do not have transpor- cause they thought that they should proudly brings this $132.50 back to the tation. Often that is the difference— not work more than 8 hours a day. Re- homeless shelter in which he still lives, being able to travel by some means member the exploitation of child because even the full $132.50 is too lit- from home to a job. An increase in the labor? Remember the various diseases, tle to be able to pay for the smallest, minimum wage easily could enable a the inhumane working conditions? cheapest studio apartment in the city worker to afford transportation, maybe So through the years we have of Boston. a $3,000 used car, so you can travel be- reached a point in America where we That amount does not begin to pay yond the confines of an area where thought we had a fundamental under- for health care. If you are a parent of there are not a lot of jobs, and find a standing about what was fair. Now you a young child, it does not pay for day better job. have people working at the minimum care. It does not pay the food bills for There are many people with whom I wage who are earning only three-quar- the month, after you have paid for the talk in Massachusetts who are limited ters or half the level of poverty for rent. We are talking about funda- in their ability to get a decent job by their families. And we have a party mental subsistence here. their inability to be able to get to the that believes that those of us elected to Corporations have seen their reve- job. As we are seeing more and more try to make these choices in Wash- nues increase 12 percent or more, but reductions in transit subsidies, bus ington should not have the right on the the total personal income of the coun- routes are being cut, the fares are floor of the Senate to have an up-or- try as a whole, taking all incomes into going up. People are actually written down vote on a proposal to increase account, has only gone up 2 percent. out of jobs because they cannot get to that minimum wage. It is very simple. And we know that even this increase them. In this body, 51 votes is the measure of was not evenly distributed across the But let me just make one further what we do. In this case, 51 votes is the income spectrum. The incomes that in- point to my colleague, and then I will measure of whether Americans work- creased were mostly at the upper level. yield the floor to him. All of this is not ing at the minimum wage will receive Here in the Congress we have a lot of really that complicated. You hear the a raise. people earning 10 times the poverty same arguments every time. Oh, if you The chief executive officers of this level. Ten times the poverty level we raise the minimum wage, all those kids country have not had a hard time get- earn in the U.S. Congress, and the Re- in the work force or who want to come ting raises. When 40,000 people are laid publican leadership of the U.S. Senate into the work force are going to be de- off at AT&T, the stock goes up and the is unwilling to raise the income level nied jobs. But the truth is, we are not chief executive can walk away with for those who are working at three- talking about kids. We are talking millions of dollars in additional com- quarters of the poverty level and one- about adults. More than 70 percent of pensation. What happens to those tenth of the salary of Senators. the people working on minimum wage workers who were the victims of the Mr. WELLSTONE. Might I ask the are adults. More than two-thirds of downsizing? Well, maybe they have a Senator two more questions? them are women. These are working skill level where they will break into Mr. KERRY. Yes. families that are affected here. Mr. WELLSTONE. So what the Sen- The argument is made that, oh, we another job. But for those people at the ator is saying is that right now, $4.25 are going to lose jobs if we raise that very bottom rung of the ladder, they an hour, what happens is that with a minimum wage. Well, there are at least are not going to have a chance to reach family, you have somebody working 40 12 studies, several of them in the last the next rung, or even to stay on the hours a week, 52 weeks a year and still couple of years, that refute that argu- bottom rung, unless we lift their living not making poverty wages. ment. A couple of these studies were standard and give them a raise. If we were to raise this minimum done in New Jersey because New Jersey When one examines the ratio of sala- wage in the amendment we want to raised its minimum wage. You heard ries of chief executive officers to sala- offer, I think the senior Senator from all the same arguments about New Jer- ries of their companies’ wage earners, Massachusetts said this would be an sey. And New Jersey experienced an in- the ratio has moved from 50 to 1, where additional $1,800. I know what this crease in jobs. it remained for decades in this country, means to a family in Minnesota, but Can anyone look around America in to over several hundred to one today. for a working family in Massachusetts, any year in which we have raised the It just seems incomprehensible to me, what does that mean? What does $1,800 minimum wage and say that doing so Mr. President, that we should be even mean? held us back—that it hurt our economy debating whether we should give the Let us talk in real people terms so or cost us jobs? Can you look around workers on the bottom rung of the lad- that people understand this is not some this country and suggest that we have der a raise, especially when the pur- party strategy, this is about people’s not created more jobs and raised peo- chasing power of their current wage is lives, and we think this is critically ple’s incomes while we provided that at a 40-year low. That is what this is important to do. As of the moment, we income floor which guaranteed that all about. I hope that our colleagues cannot even get our colleagues on the American workers are not going to be will join with us in our traditional bi- other side to debate. What does this exploited? partisan approach on this issue and mean to people in Massachusetts? Mr. President, let us be honest about raise the minimum wage in this coun- Mr. KERRY. To a family in Massa- the history of what happened in our try. chusetts, say a single parent with two Nation. Go back and read the ‘‘Grapes Mr. WELLSTONE addressed the kids, that spends about 60 bucks a of Wrath.’’ Go back through the his- Chair. week on groceries, this means a dif- tory of the labor movement. Are we The PRESIDING OFFICER. The ference of 7 months groceries. What we going to pretend that the gains for Chair recognizes the Senator from Min- are talking about is 7 months of food America’s workers came spontane- nesota.

VerDate Aug 31 2005 05:10 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26MR6.REC S26MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2852 CONGRESSIONAL RECORD — SENATE March 26, 1996 PRIVILEGE OF THE FLOOR I do not want it to be abstract. But let moments for a statement I want to Mr. WELLSTONE. Mr. President, I me just tell you, whether it is a single make between now and 12:30. ask unanimous consent that privilege parent working or whether it is two The PRESIDING OFFICER. The Sen- of the floor be granted to Paul Mazur parents working, this debate about the ator from Massachusetts, his side has 4 during the duration of the debate on minimum wage, this effort to raise the minutes remaining. this bill minimum wage, is absolutely key to- Mr. KENNEDY. Mr. President, I will The PRESIDING OFFICER. Without ward providing people with a ladder to yield myself 31⁄2 minutes. objection, it is so ordered. get into the middle class. This is a fun- The PRESIDING OFFICER. Without Mr. WELLSTONE. Thank you, Mr. damental economic justice question. I objection, it is so ordered. President. will just say one more time, I came to Mr. KENNEDY. Mr. President, why I would like to thank both my col- the floor about 10:30. I thought we had we wanted to have the opportunity to leagues from Massachusetts. Let me an understanding that we would go for- address this issue is because, as this just get back to basics. This amend- ward with this amendment. chart shows, between 1979 and 1993, this ment that I thought we were going to My hope is that after the caucuses shows what has happened to real fam- lay down this morning is simple and meet at lunch we will be able to do so, ily income during this period of time. This body is familiar with what hap- straightforward. It would increase the that we will be able to lay down our pened before 1979 from the postwar pe- minimum wage, the Federal minimum amendment, that we will have debate riod from 1949 up to 1979. Virtually wage from the current $4.25 an hour to on this amendment, and that Senators each of these columns all moved up to- $5.15 an hour over the next 2 years. will be accountable, Democrats and Re- gether up to about 100 percent improve- That is all. Mr. President, 90 cents over publicans alike. Because I will tell you; 2 years, no indexing to adjust for the ment in the family income growth. Vir- in Minnesota, the cafe discussion is tually at every level of the economy cost of living, no other things to com- whether or not your children are going plicate the debate. everyone moved up together. We have to be able to find jobs at a decent wage. gone through that in other debates on A straightforward proposition—raise The cafe discussion is whether or not the Federal minimum wage from $4.25 the minimum wage and we may have a you can pay your mortgage payment or chance, if there is a challenge to this, an hour for working families in our whether you can pay your rent. The country, to $5.15 an hour over 2 years, to go into that in some greater detail. cafe discussion is whether you can af- But what we have now seen is 1979–93, and 90 cents over 2 years. For some rea- ford to send your kids to college. The the bottom fifth of the population has son my colleagues on the other side of cafe discussion is on the economic seen a real loss of 17 percent. I am al- the aisle, at least as of this morning, squeeze that families feel. ways interested in how we evaluate do not want us to be able to lay this The vast majority of people in Min- what has happened in the median, amendment out on the floor of the Sen- nesota and the vast majority of people where the median is. If you take the ate and have the debate and vote for it all across this country want to see us median as for the highest wages and up or down. take action on this. the highest profits and the highest I would just say to my colleagues, I say one more time, the U.S. Senate growth of the wealthiest families and that this is simple, this is straight- and the U.S. House of Representatives the least you come out somewhere in forward. My colleague from Massachu- did not seem to have any problem in the middle. setts, Senator KERRY, talked about voting ourselves a huge pay increase. But the fact of the matter is that is CEO salaries. Let me just be blunt. The Do you not think it is about time we not a good indication of what is hap- U.S. House of Representatives and the vote for a pay increase for working pening to those on the bottom rung of U.S. Senate sure as heck voted them- families in this country, and set some the ladder. They are the ones that have selves a huge raise, an increase from kind of decent, humane, compassionate fallen furthest behind from 1990 to 1993. about $100,000 a few years ago to minimum wage floor for working men This is the group which would be most $130,000 a year. I heard my colleagues and women and their children? affected and most helped and assisted tell me that, you know, you have kids That is what this is about. I do not with the increase in the minimum in college and there is additional ex- think anybody is going to be able to wage. It would be modest. It amounts penses and all of the rest. hide from this debate. I do not think to about $3.4 billion that would go to Fair enough. But if the U.S. Senate there is going to be any way of maneu- that particular group. can vote for a salary increase from vering around this debate. I am just We will hear a lot about this is very $100,000 to $130,000 a year—and the speaking for myself. I am not even inflationary. That is $3.4 billion in a $5 House took the action earlier—do you speaking for my two colleagues from trillion economy. That is $3.4 billion in not think it is about time we are will- Massachusetts. But I intend to be a a $5 trillion economy. And they are ing to raise the minimum wage from part of this effort to introduce this going to talk about, well, it is inflation $4.25 an hour to $5.15 an hour over 2 amendment over and over and over and it is going to set off all of the econ- years? Do you not think it is about again. omy? This demonstrates what is out time that we would be willing to raise You cannot duck. You cannot hide. It there in terms of our colleagues who the minimum wage by 90 cents over 2 is an important economic issue. It is an are working in America. years? important economic opportunity issue. The ones that are being affected by Mr. President, I do not know what It is all about working men and women the minimum wage, as has been point- the majority leader plans on doing. But and their children. It is all about eco- ed out, are the ones that are working it does seem to me that we have now nomic justice. It is all about fairness. full time, 40 hours a week, 52 weeks of reached the point where regardless of And it is time we get serious about the year. This chart shows what the the strategies and regardless of what- these kinds of issues in the U.S. Sen- real minimum wage is. That is in the ever parliamentary ruling there might ate. I hope this afternoon after lunch purchasing power. This continues to be, it is going to be very difficult for we will have the opportunity to lay go. It will be the lowest it was since Senators to essentially finesse this down our amendment and then we will 1989. issue. Because while we are putting off have this debate. Then we will have a In 1989, as has been pointed out in the debate, at least for the moment, positive, affirmative vote for working this debate, at that level, of Repub- there are many Americans who have to men, women, and children in the State licans and Democrats, there were only live with this minimum wage. We are of Minnesota. Mr. President, I yield the nine Members of the U.S. Senate in putting the debate off on the minimum floor. 1989 that voted against it. And 32 Mem- wage this morning, while many Ameri- Mr. KENNEDY addressed the Chair. bers of the Republican Party voted for cans have to live with it. For 200,000 The PRESIDING OFFICER. The this increase. George Bush voted for working people and their families in Chair recognizes the Senator from Mas- that increase. Effectively we are right Minnesota, this is an extremely impor- sachusetts. back down to—BOB DOLE voted for the tant issue. Mr. KENNEDY. Mr. President, I increase. We are right back to that Later on, Mr. President, when we get know the time is divided. I am just level now. Plus, I think most would un- to the debate, I will talk about people. wondering—I want to have a few more derstand that the economy is stronger

VerDate Aug 31 2005 05:10 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26MR6.REC S26MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 26, 1996 CONGRESSIONAL RECORD — SENATE S2853 today than it was at that particular ate from voting on an appropriations eral law to have a job that pays less time. bill for the District of Columbia with than $5.15, I think is a serious mistake. Mr. President, this chart shows what all of the positive impact that has on Who does it hurt? I think it would is happening. The Dow-Jones average, poor people, law enforcement, and edu- hurt the very people they propose to inflation adjusted, goes right up cation in the District, and by foolishly help. It would be telling a lot of people through the roof. Here it is. It breaks engaging at the same time in filibus- who are low income, who have a job through the roof. This is what is hap- tering an attempt to bring to conclu- that maybe does not pay much, it pays pening with the stock market, the sion—to extend and bring to conclu- minimum wage—by definition, that is Dow-Jones average, right up through sion—the Whitewater investigation. We not much, but at least they have a the roof. The real minimum wage, in- have not been permitted to debate job—and we are going to say, unless flation adjusted, the small increase these issues on their merits or to vote that job pays at least $5.15 an hour, we here with the 90-cent increase, right on their merits. For the life of me, I do do not think you should have that job. back down again. And what we are not understand how that differs from As a matter of fact, it is against the talking about with this amendment the objection they are making today, law, against the Federal law for you to would be a 90-cent increase over the particularly since they will, of course, have a job unless it pays that amount. next 2 years. be able to bring up such an amendment I totally disagree with that. Mr. President, as has been pointed and have a debate on it. I just have to say that I do not under- out, these are the individuals who are I also point out, they neglected to stand the effort made to have this affected—16 to 19 years is 31 percent; state that all of their examples relate amendment on this bill. We have a over 20 years of age, 70 percent. We are to some 10 or 15 percent, a very small lands bill up. We have a bill that deals talking about adults; 70 percent of the percentage, of minimum-wage people with Presidio, deals with the land ex- individuals are over 20 years of age. who are the primary supporters for change in Oklahoma and Arkansas, and Mr. President, this is an indication, their families, and that a proposal that we have a bill dealing with Utah wil- again, as I mentioned briefly, about would obviously benefit that small derness. It is a complicated bill. I com- who in our society is going to be im- handful of people will have a terribly pliment my colleague from Alaska, pacted. Men represent 40 percent of the damaging effect on first jobs for teen- Senator MURKOWSKI, for his leadership wage earners from $4.25 to $5.14. These ager and welfare recipients attempting on this bill. are the wage earners that would be im- to build new lives and living for them- What does the minimum wage pacted by this increase. Again, 60 per- selves. amendment have to do with this bill? cent would be women. Many of them The compassion for those people, at Nothing—except for politics. I will say are single women. Many of them have the beginning of their careers, seem to it has something to do with politics. children. That is why I believe that be remarkably absent in the debate we My colleagues said that we have not this is not just—— have heard so far. had an increase in the minimum wage The PRESIDING OFFICER. The Sen- f since 1989—7 years. Wait a minute. The ator has 30 seconds remaining. Democrats were in control of the Sen- Mr. KENNEDY. Mr. President, I yield RAISING THE MINIMUM WAGE IS A ate and the House and the White House myself the final 30 seconds. BAD IDEA in the years 1993 and 1994. Why did they Is not just a workers’ issue; it is a Mr. NICKLES. Mr. President, I rise not have the bill on the floor then? The women’s issue and a child’s issue. in opposition to some of the state- majority leader, Senator MITCHELL, at Mr. President, we will have the op- ments that were made by our col- that time could have brought it up. portunity to go on and show about leagues from Massachusetts, who said But he did not. Why? Well, they were what the impact has been on inflation we should increase the minimum wage. trying to have a big increase in the and employment since the end of World I will make a couple of editorial com- minimum wage because they wanted to War II. We are glad to debate this ments because I do not know that we mandate a very expensive health care issue, to take on issues and go through need to debate it at this time, but I feel plan on America. Maybe they figured them and let the Senate vote its will. a need to respond to some of the state- they could not do both. They con- So, Mr. President, I hope that we will ments made on the floor of the Senate. trolled the agenda. The Senator from have that opportunity when the legis- The implication was that if we do not Massachusetts could have offered that lation is going to come up under what increase the minimum wage, we do not amendment, and he did not do it. We was agreed to last evening to be recog- care about low-income people. I find did not have a vote in 1993 and 1994 nized. We will offer this amendment. that to be offensive. That attempts to when President Clinton and the Demo- We hope that we will be able to work show that maybe those of us who op- crats were in control. But we are hav- out an agreeable format so that we can pose raising the minimum wage are not ing one today. have a real debate on the issue and only insensitive, but we do not care I noticed a coincidence in today’s then have a final vote, find out who is about poor people or something. I dis- paper, the Washington Post. The head- on the side of working families in this agree with that. Maybe we should turn line is, ‘‘AFL-CIO Endorses Clinton, country. that argument around. Maybe those of Approves $35 Million Political Pro- My time has expired. I understand us who care more about poor people gram.’’ They want to enact their agen- the remaining time will be available to should increase the minimum wage to da. This is on their agenda. My col- the Members of the other party and we $10, $15, or $20 an hour. I would like for leagues talked about special interests. will be back here at 2:15 to continue everybody in America to make $20 an I would say this is a pretty big special this debate. hour. But is the proper way to do it to interest. I would say that all of their The PRESIDING OFFICER. The pass a law that says it is against the members make more than minimum Chair recognizes the Senator from law for you to have a job if you do not wage. Maybe all of them do. There are Washington. make that? That is what our col- a lot of people in rural Missouri or Mr. GORTON. Mr. President, I did leagues from Massachusetts are doing. rural Oklahoma making minimum not come to the floor for the purpose of They want to offer an amendment that wage, and if you increase the minimum discussing this issue, but having lis- says it is against the law for you to wage by a certain amount, you are tened to this discussion, I do want to have a job unless it pays $5.15 an hour. going to be putting some people out of remark on the bizarre nature of an ar- They do not care if the job is in rural work. I do not know who, but I know gument which emphasized so strongly Missouri or Oklahoma. Maybe every there are some. I have been in rural the outrage of the last three Senators job in Massachusetts pays that much. I areas that have grocery stores that are in not being permitted to debate an do not care if the State of Massachu- striving to stay alive because they had issue which they were, of course, debat- setts passes a minimum wage law for a big company come in, like Wal-Mart ing, on which they will place an any figure. That is their prerogative. or somebody, a big competitor. amendment, when each of those three But to pass a law that makes it effec- Yes, they were paying $4.50 an hour Senators has been visibly engaged in tive in my State and all across the or whatever the amount would be, and the last 4 weeks in preventing the Sen- country and says it is against the Fed- they are not making any money. But if

VerDate Aug 31 2005 05:10 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26MR6.REC S26MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2854 CONGRESSIONAL RECORD — SENATE March 26, 1996 we mandate that they increase their teaches them a lot more than just the because the leaders of organized labor minimum wage or whatever they are dollar amount. And we should give are endorsing Clinton and promising paying by 21 percent as proposed, you them that opportunity. We should not record amounts, record amounts, $35 are going to be putting some of those be pulling the economic ladder up and million in political campaign contribu- jobs out, maybe put the business out. saying, no, if it does not pay that tions. This is special interest legisla- And what are these jobs? A lot of much, it is not worth it; you go ahead tion and the real problem is the real them are starting level jobs. I worked and stay home. And, yes, so what if you people it will hurt will be low-income for minimum wage 271⁄2 years ago. It are 16 years old and you do not have people who need jobs. was when my wife and I were first mar- anything else to do, just stay home. So I will urge my colleagues at the ried. I worked for it before then as And then what happens? A lot of those appropriate time to defeat this amend- well. But I remember that was the best idle people say, well, I need some ment. job we could get. We both worked. At money. How can I make money? Maybe Mr. President, I yield the floor. that time I think the minimum wage I can make money running drugs, Mr. MURKOWSKI addressed the was $1.60 an hour, and was it enough? maybe I can make money stealing Chair. No. Did I want more? Yes. Did I learn things, whatever. A lot of people get The PRESIDING OFFICER. The Sen- part of the trade? And that trade at the into trouble because they have time on ator from Alaska. time was a janitor service. Yes. And I their hands. Mr. MURKOWSKI. Mr. President, I started my own. That is a mistake. We should not join with my friend from Oklahoma So the minimum wage was not so price them out of the marketplace, and relative to his concern over what the much a minimum wage as it was a that is what is being proposed. minimum wage will do if there is an in- starting wage. It helped me learn a And then some of our colleagues say, crease. And I believe the increase pro- craft or business, and I was able to well, there are no economic con- posed by the Senator from Massachu- start a business. I employed more peo- sequences whatsoever. This is not setts is from $4.25 to $5.15. That is ple and they made more than the min- going to mean an increase in unem- about 45 cents I believe over a 2-year imum wage. But what we are doing, if ployment. I think it just defies the law period. we increase the minimum wage signifi- of supply and demand. If there are no cantly, what we are going to be doing negative economic consequences by a f is telling all people if your job does not 21-percent increase in the minimum FEDERAL REGULATIONS pay at least this amount, it is against wage, why not increase it 50 percent? the law for you to have a job, we are Why not increase it 100 percent? Maybe Mr. GORTON. Mr. President, I have going to pull up the economic ladder. we should have a perfecting amend- today a bizarre example of the un- The Federal Government is determined ment that says the minimum wage will thinking impact of conflicting Federal if your job does not pay that amount, be $10 an hour? regulations on other conflicting Fed- you should not have it; it is against the That is all right. If you work 2,080 eral regulations and the fact that so Federal law. hours a year, that is $20,000 a year. I often our bureaucracy simply does not I think that is wrong. That is the think that would be nice. I would like think out the consequences of what it heavy hand of the Federal Government for everybody to make $20,000 a year. does. coming in and saying we know best. We So maybe we should perfect this Recently, I was in the Tri City area know you should be making more. amendment. If you are not going to of east central Washington and was dis- Now, what is right in Boston, MA, may have any negative consequences by a cussing his business with the manager not be what is right in my hometown 21-percent increase in the minimum of a Unocal fertilizer plant in the city of Ponca City, OK. wage, let us make it 100 percent, make of Kennewick. He brought to my atten- So I just really disagree with this it $10 an hour. I just think that argu- tion a fairly recent message that he idea of big Government knows best; we ment makes no sense whatsoever. Com- had received from the U.S. Coast are going to mandate, we are going to mon sense would say, hey, this is going Guard. The Coast Guard has written to tell everybody what to do and act like to cause some problems for some peo- everyone with various kinds of facili- there are no economic consequences ple and those some people are going to ties in ports from California through whatsoever. be the people on the lowest end of the the State of Washington, warning them Sure, there are economic con- economic scale that maybe are trying about potential terrorism, pointing out sequences. You are going to be pricing to crawl that ladder and we are going that the base of the explosive at the some jobs—maybe the job is pumping to pull the ladder up. We should not do Oklahoma City courthouse disaster gas—out of the market. That is one of that. was fertilizer, and telling the manager the first jobs that a lot of my group I wish to make a couple of comments. of this fertilizer plant how important it growing up were working at. You do Yes, there are negative economic con- was to guard against terrorism, to not see that anymore. Most of the gas sequences. CBO said that this is an un- guard against outsiders getting into stations are self-serve. That may not funded mandate on cities and counties the facility and engaging in terroristic be the greatest job in the world, but I and States and tribes of about $1 bil- acts. would rather have that young person lion over the next few years. They said Well, it was oratory in nature and did coming in and getting a start and it is an unfunded mandate on the pri- not suggest any particular things to maybe learning the fact this is not vate sector to the tune of over $12 bil- do. I do not think it suggested any- good enough; I cannot make enough lion for the next few years. thing that the plant was not already money, so maybe I need to go back and The real problem is that this is going doing. But at the same time, Mr. Presi- complete high school or maybe I need to be telling a lot of young people we dent, the Unocal plant was informed by to go into vo-tech or maybe I need to are sorry; if you cannot find a job that the Environmental Protection Agency go get some additional training. That pays this much, we do not want you to of a truly bizarre proposal on its part. is all part of the educational process. have a job; it is against the law for you As a fertilizer plant, and because fer- We say, ‘‘Oh, no. If the job doesn’t to have a job. That is a mistake. I tilizers do, under some circumstances, pay over $5.15 an hour, you can’t have think that is a serious mistake. We raise certain health risks and also cer- it; it is wrong.’’ Or maybe the job is should not do that. tain explosive risks, this business is sacking groceries. You do not see many So I will urge my colleague at the ap- subject to widespread regulation on the jobs like that. We used to have those propriate time to oppose this amend- part of the Occupational Safety and jobs. The Federal Government is going ment if and when it is offered. It does Health Administration and the Envi- to put people out of business and back not belong in this bill. Some people are ronmental Protection Agency. In fact, on the streets, people who need that kind of frustrated Congress does not those regulations are so detailed in na- job training. get its business done, and on occasion I ture that 23 people out of 150 employees A lot of people in Boston, a lot of may join that frustration. But this in the plant are devoted almost solely people in different parts of the country amendment is for politics because the to abiding by various governmental need that first job. That first job leaders of organized labor are in town, regulations.

VerDate Aug 31 2005 05:10 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26MR6.REC S26MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 26, 1996 CONGRESSIONAL RECORD — SENATE S2855 In any event, the Environmental Pro- interests. The sentencing of Sheikh Omar fect in 1992. Unfortunately, the overlapping tection Agency announced a new regu- Abdel Rahman and nine others for their in- portions of the regulations are not quite lation to apply to some 122,000 facili- volvement in the bombing of the World identical. The Fertilizer Institute and ties across the country. That regula- Trade Center and other New York landmarks Unocal feel this problem can be easily solved may prompt sympathizers to possible retali- and that the solution would be in line with tion would require each of these 122,000 ate. Similar responses could also follow if President Clinton’s recent directive to elimi- facilities to make public the worst-case the U.S. extradites Musa Abu Marzuq, a nate or modify regulations that are obsolete scenario, the worst thing that could member of the ‘‘Islamic Resistance Move- or unnecessary. possibly happen if any of the materials ment (HAMAS)’’ to Israel for his involve- The attached letter explaining the problem handled by or stored in the facility ment in terrorist activities there. In addi- with these overlapping regulations was were released. tion, Salman Rushdie, the target of an Ira- drafted by the Fertilizer Institute. It briefly So, in other words, Mr. President, we nian death order, is currently on a multi- explains the problem and offers a solution. I have a Federal Government warning city U.S. book tour. Finally, the trial of al- hope you will consider sending this or a simi- leged bomb maker and terrorist Ramei against terrorism with one hand and lar letter to the EPA. Ahmed Youssef is expected in the first half One element in the RM regulations called instructing companies to publicize the of 1996. He and his accomplices are charged for by the Clean Air Act is not dealt with by worst thing a terrorist could possibly with conspiring to bomb a U.S. commercial OSHA in its PSM regulations. That is a re- do with their materials on the other airlines in the Asia Pacific region. quirement that industries storing certain hand—in detail. The possible retaliatory acts to these judi- hazardous materials above threshold quan- The Environmental Protection Agen- cial proceedings may include attacks against tities make public the ‘‘worst case’’ scenario cy, when it was asked how many deaths the U.S. transportation infrastructure. It for the release of this material including its had resulted off of the site of one of should be emphasized that no specific impact on the surrounding community. RM threats against any form of transportation regulations will effect 122,000 facilities in these 122,000 plants from the release of have been identified to date. However, the such material, came up with the an- this country according to EPA’s spokes- Secretary of Transportation believes it is woman Dr. Lyse Helsing. When asked how swer ‘‘zero.’’ No such deaths. But they prudent and appropriate to ensure deterrence many such worst case releases had ever re- have a regulation which will tell the and prevention of these activities. Therefore, sulted in an injury to a person offsite from terrorists exactly how to cause those I am advising all waterfront facility opera- the affected facility. Dr. Helsing stated that deaths in very, very large numbers. tors and companies involved in maritime EPA’s records showed zero deaths. She did Mr. President, there is no question transportation in Northern California to not comment on injuries, but I suspect there but that safety regulations are vitally take appropriate and immediate actions to is scant evidence of a problem. However, the ensure that adequate measures are in place important and environmental protec- requirement to publicize worst case informa- to prevent or deter terrorist actions against tion will be costly and we will in the process tion regulations are important. This facilities and port personnel. These actions Unocal plant, I may say, had 1 injury of releasing such information make it known should begin with a review of your security to potential terrorists as well as to average that caused one day of lost time in the measures already in place and an assessment citizens. In the wake of Oklahoma City, the last several years in its plant, and that of whether or not additional security meas- Trade Tower incident in New York and sub- was from heavy lifting, not the use of ures are necessary. way incidents in Japan, I doubt that public hazardous material. It runs an ex- To facilitate information sharing and re- safety will be enhanced by making worse tremely safe plant. sponse actions during a security-related case information public. This is especially emergency, the Department of Transpor- true in this instance where EPA acknowl- But, Mr. President, could we possibly tation has established a hotline for reporting come up with a better illustration of edges no history of problem in this country. incidents. The number for the hotline is 1– The clock is ticking on EPA’s court or- the proposition that we need to look 800–424–0201. Should you receive any threats over our old regulations after a certain dered deadline of March 1996 to issue RM reg- or notice any unusual activities which may ulations with a requirement for publication period of time and determine whether compromise your security, I urge you to con- of worst case scenarios. I urge you to take or not they are still relevant or still tact this hotline and appropriate law en- action to avoid implementation of this as- working; that before we impose new forcement agencies. You may also contact pect of the Clean Air Act. regulations, we ought to figure out the Marine Safety Office’s watch office at Thank you for your time, your consider- (510) 437–3073 to report these incidents. ation and your constant efforts at improving what the cost and the downside is Your cooperation in ensuring the safety of the workings of our government. against whatever the purported gain is the port is greatly appreciated. Should you Sincerely, before we impose them? Are we going have any questions regarding this matter, MARK R. POWELL. to simply publicize ways in which to please contact Lieutenant Lee of my staff at engage in terrorism, when we have not (510) 437–5873. Mr. GORTON. Mr. President, I yield had any serious problems from the very Sincerely, the floor. condition that the regulation is de- D.P. MONTORO, Mr. NICKLES addressed the Chair. signed to control? Captain, U.S. Coast Guard. The PRESIDING OFFICER (Mr. Mr. President, should we not have ASHCROFT). The Senator from Okla- UNOCAL PETROLEUM PRODUCTS & homa is recognized. some kind of coordination among var- CHEMICALS DIVISION, ious Federal agencies as to whether or Kennewick, WA, June 26, 1995. Mr. NICKLES. Mr. President, I com- not the regulation of one is not going Hon. RICHARD ‘‘DOC’’ HASTINGS, pliment my colleague from Washington to undercut the very purpose for which House of Representatives, Longworth Office for that statement. That may be the another exists? Well, Mr. President, I Building, Washington, DC. most vivid example of bureaucracies think the answer to these questions is DEAR REPRESENTATIVE HASTINGS: Thank running amok, actually endangering you for the time you afforded my entire fam- quite obvious. Here is another example the lives of some of our constituents. ily when we were in Washington, D.C. last That is unfortunate. I appreciate the of the use of the so-called safety regu- week. Meeting a congressman in his office lation or environmental regulation in a was a big event for us. Senator for bringing that to our atten- way which is destructive of the very During our brief talk I told you that I was tion. I hope we will be able to take goals it seeks in the first place. in town for a meeting of the Fertilizer Insti- some corrective action. tute where EPA’s proposed risk management Mr. President, I ask unanimous con- f sent that the Coast Guard missive and (RM) regulations were discussed in depth. the letter from Mr. Powell of Unocal be These regulations which focus on community PRESIDIO PROPERTIES safety are explicitly called for by the 1990 ADMINISTRATION ACT printed in the RECORD at this point. Clean Air Act Section 112(r)(7). In addition to There being no objection, the mate- our internal discussion, an EPA spokes- Mr. MURKOWSKI. Mr. President, I rial was ordered to be printed in the woman, Dr. Lyse Helsing of EPA’s Chemical wish to continue our earlier discussion RECORD, as follows: Emergency Preparedness and Prevention Of- a little bit more. I remind this body of DEPARTMENT OF TRANSPORTATION, fice, provided us with an update of the status the pending business that is before the U.S. COAST GUARD, of their proposed regulations. EPA’s pro- Senate, and that is a package of parks Alameda, CA, January 14, 1996. posed RM regulations will substantially bills, some 56 titles, and a couple of DEAR WATERFRONT FACILITY OPERATOR/ overlap with existing regulations also called MARITIME TRANSPORTATION COMPANY: As a for by the Clean Air Act and already imple- them are contentious—Utah wilderness result of a series of recent U.S. judicial pro- mented by OSHA to protect worker safety. and Presidio. And as we look at getting ceedings, I have received an advisory indi- These are OSHA’s Process Safety Manage- things done around here, it is incon- cating possible retaliatory acts against U.S. ment (PSM) regulations which went into ef- ceivable to me that we would not finish

VerDate Aug 31 2005 05:10 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26MR6.REC S26MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2856 CONGRESSIONAL RECORD — SENATE March 26, 1996 what we started. We started yesterday But the significance here is what the have the jobs gone to in the United with this parks package. It was sched- Utahns are trying to do to develop States? They have gone to the service uled to come up throughout the day. their economy and meet their school industry. They have gone to McDon- We had about 71⁄2 hours of debate, good obligations by utilizing the resources ald’s. They have gone to the low pay, debate yesterday. Today, we were in that State, the resources that, if ad- as we import the things we need, like going to take amendments, and the ditional wilderness is set aside beyond our wood fiber. Some of the extreme first thing out of the box is the min- the 2 million acres, they are simply not elitists suggest we do not have to de- imum wage. Putting aside the merits going to be able to achieve their needs. velop that in the United States, we can of the minimum wage, the question is, Who are these folks who are pro- import it. But many of those countries Why not finish what we started? posing it should be 5 to 6 million acres? do not have the same environmental The Utah wilderness debate is a le- They are not residents of the State of sensitivity that we do in the United gitimate issue for the State of Utah. Utah. They are some of the eastern States. They are not developing their The Presidio trust establishment is a elitists, who have moved their focus, if renewable resources with the same sen- legitimate issue for the State of Cali- you will, from the West as being an sitivity that we are. fornia. The concern relative to Utah area where there is great productivity So, I think it is a little inconsistent, wilderness is whether or not 2 million and return for their investments, as as we listen to this debate today, par- acres of additional wilderness is ade- they reside in the East, to easterners ticularly in view of the statement from quate or, as some from the elitist who look at the West as a great place my friend from Oklahoma that it is a group suggest, it should be 5 to 6 mil- to recreate. bit coincidental, with the AFL–CIO in lion acres. Currently, Utah has a pretty What we are talking about here is town, endorsing the current adminis- good chunk of wilderness. They have balance. We are trying to get a balance tration, committing $35 million out of approximately 800,000 acres that is For- between preserving the wilderness and the union members in this country for est Service wilderness. The proposed developing our resources and trying to a political action effort. Where are bill that we presented would increase address our jobs. As I hear my col- those people when it comes to the that BLM wilderness classification to 2 leagues this morning talk about the basic, hard-core resource jobs of this million acres, making a total of 2.8 minimum wage, I ask them where in country? They are not on this floor. million. the world are the jobs that we formerly That is pretty significant, Mr. Presi- They are not defending the right to use had in resource development in this dent, when you consider just how big a our science and technology to keep this country? We have lost 600,000 jobs since million acres of wilderness actually is. job base that we have had in this coun- 1980 in the oil and gas industry; 600,000 Few people recognize as they wander try, that has made this country self- jobs. These are not minimum-wage around in the great outdoors what a sufficient. jobs. These are high-paying union jobs, million acres of wilderness equates to. Mr. President, 54 percent of our crude blue-collar jobs of the highest skills A million acres equates to a State the oil is imported. As I said, the dollars necessary to produce oil and gas. What size of Delaware. Two million acres, and jobs are going overseas. Over one- what we are talking about, is about have we done? We have relied on im- half the trade deficit is the cost of im- three times the size of the State of ports. We are bringing in, now, 54 per- ported oil. There is absolutely no ex- Rhode Island. Two million acres is cent of our crude oil. Mr. President, 54 cuse for that. We are importing over 8 about half the size of the State of New percent of our crude oil consumption is million barrels a day. The total cost to Jersey. imported. So, what we are doing is we import that is $1 billion per week. We With reference to the Utah wilder- are exporting our dollars, we are ex- could have those jobs in the United ness, why they are somewhat reluctant porting our jobs, and we have lost States if we would recognize, as we to put in even more acreage is that 600,000 jobs since 1980. look at our regulatory requirements, there has been an extended study done I do not see my colleagues on the that they really do not keep pace with as to what would be adequate in the other side of the aisle saying what can the technological advancements. To minds of Utahns, the legislature, the we do to stimulate domestic jobs in oil suggest we cannot open up oil and gas Governor, and so forth. And I think and gas production, where we have deposits safely with the technology some 15 years have been spent in the huge reservoirs simply ready to be that we have been developing is really study, some $10 million expended to tapped, we have the technology, we selling American engineering and inge- come up with the recommendation of have the expertise to do it safely. They nuity short. 1.9 million. As I said before, the pro- do not want to stand up and be count- I see the hour of 12:30 is almost upon posal here is 2 million acres. ed, because some of the elitist groups us, Mr. President. I again remind my Now, Utah needs for its economy, for might suggest we should not be devel- colleagues of the inappropriateness of its infrastructure, funds coming from oping oil and gas on public lands, we trying to move a minimum-wage ac- resource development. Some of these should not be generating revenue and tion on a parks bill, a parks bill that areas would be used for the production taxes for the communities. They move addresses some 25 States, 56 titles, and of resources to support the needs of over to the minimum wage, on a parks has been worked on for many, many Utah—the schools and various other bill, and suggest that this is the issue years by many Members here and ad- long-term commitments to better the for the Senate. This is not the business dresses the needs of many, many residents of that State. Some might of the Senate. The business of the Sen- States. wonder why I am speaking coming ate is the 56 titles of the parks bill. So, I urge my colleagues to refrain from the State of Alaska, but we, too, Look at the timber industry. Timber from the debate on the minimum wage are affected by wilderness designations. is a renewable resource. Do you know to simply take advantage of the polit- We have 56 million acres of wilderness why the U.S. Forest Service was estab- ical opportunity associated with the in our State of Alaska, so I know some- lished? It was established so we could presence of the AFL–CIO and their con- thing about the topic. have an ongoing supply of timber. It is vention in town and their pledge of $35 But, as we reflect on what is behind up to us to determine whether the million to the current administration the issue, on one hand, of trying to management is adequate or inad- and get back to the business of the reach an accord to get the 56 titles equate. We have lost 30,000 timber jobs Senate, which is this parks package, through that represent the parks in in 10 years. How many communities did debate it, pass it, and move on. I am some 26 States, I encourage all my col- that affect? Lots and lots. sure there will be a time and place for leagues to remember the importance of As a consequence, I just am bewil- the minimum wage, but it is not on standing behind this package. Because, dered at my colleague’s immediate this parks bill. if the Senate votes out this package, it jump to a minimum-wage increase Mr. President, I suggest the absence will be accepted by the House. If the with no consideration for the lost jobs of a quorum. Utah wilderness is stricken, if the Pre- in timber, mining, oil, gas, ranching— The PRESIDING OFFICER. The sidio is stricken, why, the House has virtually every resource from public clerk will call the roll. assured us, they are not even going to lands that has traditionally employed The legislative clerk proceeded to take it up. Americans in high-paying jobs. Where call the roll.

VerDate Aug 31 2005 05:10 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26MR6.REC S26MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 26, 1996 CONGRESSIONAL RECORD — SENATE S2857 Mr. DOLE. Mr. President, I ask unan- I know all Senators join with me in put this country on a path toward a imous consent that the order for the extending our condolences to his fam- more sensible and responsible fiscal quorum call be rescinded. ily and friends. policy. The PRESIDING OFFICER. Without Mr. KENNEDY. Mr. President, I want His work as Secretary of State was objection, it is so ordered. to thank and commend the majority outstanding as well. His key role in the Mr. DOLE. Mr. President, was lead- leader for these comments. I join in the release of the American hostages in er’s time reserved? feeling which he has spoken so very Iran was an extraordinary diplomatic The PRESIDING OFFICER. It was. eloquently about. initiative and achievement. It was f I wanted to speak very briefly on when he served as Secretary of State Senator Muskie. I do not know whether that this Nation achieved new heights EDMUND S. MUSKIE others wanted to speak on this matter, in the preservation of human rights Mr. DOLE. Mr. President, during a but I have some remarks. around the world, a cause which he speech in the 1968 Presidential cam- I ask unanimous consent that we ex- championed. paign, Senator Edmund Muskie, who tend our recess time. Many commentators have described was the Democrat nominee for Vice The PRESIDING OFFICER. Without Ed Muskie as Lincolnesque. He was President, told his audience, ‘‘you have objection, it is so ordered. Lincolnesque in stature and char- the God-given right to kick the Gov- Mr. KENNEDY. I thank the leader acter—a tall, lean man, a towering fig- ernment around—don’t hesitate to do very much. ure, with those piercing eyes and so.’’ Mr. DORGAN. Mr. President, I sim- strong features that characterized an That remark was pure Ed Muskie. ply wanted to commend the majority enormously gifted mind and a back- Blunt. To the point. And leaving no leader for his comments about the late bone of steel and courage. doubt that Americans should expect Senator Muskie. I did not know him He was a great public servant for our the best of their public officials. well. I had met him a number of times. time. The people of Maine were well And the best is just what the people This was an era when there is often a served, the Senate was well served, and of Maine and America received from Ed caricature created about those in- the country was well served in a range Muskie during a public service career volved in public service. He rep- of different responsibilities that he un- that spanned five decades. resented, I think, what is the best of dertook. Along with all Senators, I join today public service. He was smart, tough, Mr. President, I join with those ex- in mourning the death of Ed Muskie, strong. He served not only the State of pressing our sense of sorrow and loss to who passed away here in Washington Maine but this country with great dis- his wife Jane and the other members of early this morning. tinction. the Muskie family. We will be saying The son of a Polish immigrant, Ed All of us who had met him, or those our prayers for Ed Muskie and for his Muskie grew up knowing about the of us who had crossed paths with him family. I yield the floor. blessings of freedom and democracy, over the years will miss him. We ex- and he spent a life time standing up for tend our sympathies to the Muskie f those blessings, beginning with serving family. I yield the floor. RECESS for 3 years in the Atlantic and Asiatic- Mr. KENNEDY. Mr. President, I join The PRESIDING OFFICER. Under Pacific Theaters in World War II. in thanking the majority leader for his the previous order, the Senate will now After the war, he returned to his be- comments about Senator Muskie, and I stand in recess until the hour of 2:15 loved Maine, and soon began his polit- would like to express my appreciation p.m. ical career as a Democrat in a State to others for their comments. Thereupon, the Senate, at 12:49 p.m., that for over a century had rarely Ed Muskie was a fellow New recessed until 2:14 p.m.; whereupon, the elected anybody but Republicans. Englander, and over his long and dis- Senate reassembled when called to Ed Muskie changed all that. During tinguished career, his friendship for the order by the Presiding Officer [Mr. his 6 years in the State house of rep- members of our family and for my DEWINE]. resentatives, his 4 years as Governor, brothers was very real, ongoing, and Mr. DOLE. Mr. President, I need to and his 21 years in the U.S. Senate, Ed based upon our very high regard and have a brief discussion with the Demo- Muskie’s intelligence and integrity great respect for Senator Muskie. cratic leader. Therefore, I suggest the changed the voting habits of Maine— As has been pointed out here in the absence of a quorum. many of whom called themselves Senate, he was a Senator’s Senator. I The PRESIDING OFFICER. The Muskie Republicans. like to think of him as being the fore- Ed’s years in the Senate were high- most authority on preserving the envi- clerk will call the roll. lighted by his service as the first chair- ronment. Senator Muskie inherited The legislative clerk proceeded to man of the Senate Budget Committee. this extraordinary commitment be- call the roll. I was proud to be on that committee cause he represented one of the most Mr. DOLE. Mr. President, I ask unan- with him at that time. In that role, Ed beautiful States in our country, the imous consent that the order for the took some criticism from those of his State of Maine. He spent a good deal of quorum call be rescinded. party who believed he was too tough in time on that issue as Governor and The PRESIDING OFFICER. Without his opposition to increased spending. gave it very special attention in the objection, it is so ordered. He handled this criticism by saying Senate, where he championed the Clean f that America would not get its fiscal Water Act and other environmental re- MESSAGES FROM THE PRESIDENT house in order if we continued to have forms. We made great progress in pre- public servants who—and I quote— serving the environment in those Messages from the President of the ‘‘talked like Scrooge on the campaign years, and Ed Muskie deserves the United States were communicated to trail, and voted like Santa Clause in commendation and the gratitude of a the Senate by Mr. Thomas, one of his the Senate.’’ nation. secretaries. Ed Muskie was a patriot who always He also took on challenging respon- f answered the call of his Nation. He re- sibilities as the first chairman of the signed from the Senate when President Budget Committee, in trying to ensure EXECUTIVE MESSAGES REFERRED Carter asked him to serve as Secretary that the Nation acts responsibly in its As in executive session the Presiding of State. And when Ronald Reagan— financial affairs. With his extraor- Officer laid before the Senate messages the man who defeated President dinarily gifted mind and his ability to from the President of the United Carter—asked him to serve on the analyze and understand complex issues, States submitting sundry nominations Tower Commission, Ed was there, as he was able to get at the heart of the which were referred to the Committee well. problem and master the details of a on Armed Services. Mr. President, the State of Maine budget in a way which all of us ad- (The nominations received today are and America are better because of Ed mired and respected. He played an printed at the end of the Senate pro- Muskie’s life and career. enormously important role in trying to ceedings.)

VerDate Aug 31 2005 05:10 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26MR6.REC S26MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2858 CONGRESSIONAL RECORD — SENATE March 26, 1996 MESSAGES FROM THE HOUSE Management), transmitting, pursuant to accounting of each and every American At 4:39 p.m., a message from the law, the report of a notice on leasing sys- P.O.W. or M.I.A.; and tems; to the Committee on Energy and Nat- ‘‘Whereas, the use of current DNA bio- House of Representatives, delivered by ural Resources. technology can assist greatly in the identi- Mr. Hays, one of its reading clerks, an- fication of the remains of American per- nounced that the House has passed the f sonnel in the hands of North Korea: Now, following joint resolution, in which it PETITIONS AND MEMORIALS therefore, be it requests the concurrence of the House: ‘‘Resolved by the Assembly and Senate of the The following petitions and memo- State of California, jointly, That the Legisla- H.J. Res. 168. Joint resolution waiving cer- rials were laid before the Senate and ture of the State of California respectfully tain enrollment requirements with respect memorializes the President and the Congress to two bills of the One Hundred Fourth Con- were referred or ordered to lie on the of the United States to demand that the gov- gress. table as indicated: ernment of North Korea provide the fullest POM–517. A joint resolution adopted by the f possible accounting of each and every Amer- Legislature of the State of California; to the EXECUTIVE AND OTHER ican P.O.W. or M.I.A.; and be it further Committee on Foreign Relations. ‘‘Resolved, That the President and the Con- COMMUNICATIONS ‘‘ASSEMBLY JOINT RESOLUTION NO. 45 gress of the United States ensure that the The following communications were ‘‘Whereas, Jimmy Tran valiantly fought latest DNA biotechnology is used to its full- laid before the Senate, together with for the freedom of his country of seven years est potential to identify the remains, and accompanying papers, reports, and doc- as a member of the Army of the Republic of that arrangements be made for the remains uments, which were referred as indi- Vietnam; and to be properly enshrined in a suitable place of honor; and be it further cated: ‘‘Whereas, after the fall of Saigon, Jimmy Tran escaped from a reeducation camp and ‘‘Resolved, That the Chief Clerk of the As- EC–2178. A communication from the Assist- continued to fight the totalitarian regime as sembly transmit copies of this resolution to ant Secretary of the Treasury (Legislative a member of the democratic movement; and the President and Vice President of the Affairs and Public Liaison), transmitting, ‘‘Whereas, Jimmy Tran escaped Vietnam United States, to the Speaker of the United pursuant to law, a report relative to the to- in 1978 and came to the United States to States House of Representatives, and to each bacco product vending machines; to the start a new life in a free nation; and Senator and Representative from California Committee on Appropriations. ‘‘Whereas, Jimmy Tran became a citizen of in the Congress of the United States.’’ EC–2179. A communication from the Under the United States and continued to work for Secretary of Defense (Acquisition and Tech- POM–519. A joint resolution adopted by the freedom and democracy through patriotic or- nology), transmitting, pursuant to law, a re- Legislature of the State of California; to the ganizations in his adopted country; and port relative to the Foreign Comparative Committee on Foreign Relations: ‘‘Whereas, Jimmy Tran returned to Viet- Testing Program for fiscal year 1995; to the nam in January 1993 to promote the cause of ‘‘ASSEMBLY JOINT RESOLUTION NO. 37 Committee on Armed Services. freedom in Vietnam; and ‘‘Whereas, the government of the Socialist EC–2180. A communication from the Under Republic of Vietnam (SRV) is continuing to Secretary of Defense (Acquisition and Tech- ‘‘Whereas, Jimmy Tran was arrested on February 15, 1993, and charged with planning violate all fundamental and civil rights of its nology), transmitting, pursuant to law, the own citizens through arbitrary arrests, de- report on the Laboratory Revitalization to denigrate symbols of the Hanoi regime; and tentions without trial, and the censorship of Demonstration Program for fiscal year 1996; peaceful expression of political or religious to the Committee on Armed Services. ‘‘Whereas, Jimmy Tran was denied a law- yer of his choice, tried in secret with a pre- beliefs; and EC–2181. A communication from the Assist- ‘‘Whereas, in 1991 and 1992, Amnesty Inter- determined verdict, and sentenced to 20 ant Deputy Under Secretary of Defense (En- national had reported that there were still years in one of Vietnam’s most notorious vironmental Security), Department of De- thousands of political prisoners detained in prisons; and fense, transmitting, pursuant to law, the re- hundreds of government-operated reeduca- ‘‘Whereas, Jimmy Tran now suffers in pris- port on the defense environmental restora- tion camps, and Amnesty International esti- on from severe malnutrition and, at the age tion program (volume 1 of 2) for fiscal year mates that at least one reeducation camp ex- of 44, has become nearly blind; and 1995; to the Committee on Environment and ists in each of Vietnam’s 40 provinces and ‘‘Whereas, the United States has formally Public Works. continues to receive ‘‘persistent reports of recognized the communist government of EC–2182. A communication from the Assist- torture and ill-treatment of people’’ within ant Secretary of Defense (Command, Con- Vietnam in hopes of bringing democratic re- those camps; and trol, Communications, and Intelligence), forms to that nation; and ‘‘Whereas, the Asia Watch has raised the transmitting, pursuant to law, the interim ‘‘Whereas, Jimmy Tran should be enabled issue of political detainees in the SRV hav- report on the Department of Defense actions to return home to his wife and four young ing to perform hard labor under conditions of relative to section 381 of the National De- children: Now, therefore, be it malnutrition, abuse, and lack of medical fense Authorization Act for fiscal year 1995; ‘‘Resolved by the Assembly and Senate of the care, and the periods of detention are indefi- to the Committee on Armed Services. State of California, jointly, That the Legisla- nitely renewable; and EC–2183. A communication from the Sec- ture of the State of California respectfully ‘‘Whereas, as a part of the Campaign for retary of Defense, transmitting, pursuant to memorialize the President of the United the Release of Political Prisoners in Viet- law, 1995–1996 Joint Military Assessment; to States to use our new diplomatic relations nam, the National United Front of the Lib- the Committee on Armed Services. with Vietnam to secure the release of Jimmy eration of Vietnam released a list of political EC–2184. A communication from the Sec- Tran and his return to his wife and children prisoners, including writers, journalists, reli- retary of Defense, transmitting, pursuant to in the United States; and be it further gious leaders, intellectuals, civil servants, law, a report relative to Cooperative Threat Resolved, That the Chief Clerk of the As- and politicians; this list provides the names Reduction (CTR) funding; to the Committee sembly transmit copies of this resolution to of prisoners, their prison location, and the on Armed Services. the President and Vice President of the penalty under which they are serving; and EC–2185. A communication from the Chair- United States, the Secretary of State, the there are currently 1,005 prisoners on this man of the Federal Trade Commission, Speaker of the House of Representatives, and list; and transmitting, pursuant to law, the annual re- to each Senator and Representative from ‘‘Whereas, for decades hundreds of reli- port relative to the Commission’s adminis- California in the Congress of the United gious leaders and followers have been impris- trative and enforcement actions under the States.’’ oned and scores of religious leaders have Fair Debt Collections Practices Act; to the been killed and since summer of 1993, there Committee on Banking, Housing and Urban POM–518. A joint resolution adopted by the has been a brutal crackdown on religion by Affairs. Legislature of the State of California; to the the government of Vietnam; and EC–2186. A communication from the Under Committee on Foreign Relations. ‘‘Whereas, in the SRV, the Vietnamese Secretary for Oceans and Atmosphere, De- people are constantly subjected to police ‘‘ASSEMBLY JOINT RESOLUTION NO. 34 partment of Commerce, transmitting, pursu- surveillance and restricted social and polit- ant to law, the National Oceanic and Atmos- ‘‘Whereas, the memory of those Americans ical activities; in other words, the Viet- pheric Administration’s (NOAA) Deep Sea- who died in the Korean War to defend liberty namese people are being denied normal civil bed Mining Report; to the Committee on and freedom, demands that Americans make rights and entitlements; and Commerce, Science, and Transportation. every effort to reclaim, identify, and appro- ‘‘Whereas, political oppression and human EC–2187. A communication from the Sec- priately enshrine their remains; and rights violations in Vietnam continue to in- retary of Energy, transmitting, pursuant to ‘‘Whereas, the accounting of Americans crease at an alarming rate in contrast to the law, notice of intent to submit a report re- who were taken as prisoners of war or who government’s recent publicity maneuvers, quired under the Energy Policy Act of 1992; were missing in action during the Korean such as ‘‘economic reforms,’’ a ‘‘revised Con- to the Committee on Energy and Natural Re- War is incomplete; and stitution,’’ or an ‘‘open door policy’’; and sources. ‘‘Whereas, the Government of the United ‘‘Whereas, after two decades, the govern- EC–2188. A communication from Assistant States should demand that the government ment of the SRV is still committing the in- Secretary of the Interior (Land and Minerals of North Korea provide the fullest possible humane act of warehousing the remains of

VerDate Aug 31 2005 05:10 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26MR6.REC S26MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 26, 1996 CONGRESSIONAL RECORD — SENATE S2859 American soldiers to be used as bargaining ‘‘Whereas, the Republic of China on Tai- tribal and state interests as they pertain to chips; and wan is a major trading partner of the United gambling; and ‘‘Whereas, for two decades, the government States and has a strong, free-market econ- ‘‘Whereas, the primary intent of Congress of the SRV has been and is still less than omy with the largest foreign reserves of any was to allow for tribal economic develop- forthright about the fate of American POWs nation in the world; and ment and self-sufficiency consistent with the and MIAs; and ‘‘Whereas, the role of the Republic of China state’s public policy as it pertains to gam- ‘‘Whereas, the Government of the United on Taiwan in international development pro- bling; and States should require specific improvements grams and humanitarian relief operations ‘‘Whereas, the conduct of Class III gaming of human rights and civil rights by the Viet- has significantly expanded during the past within the state’s boundaries is subject to namese government as conditions in all busi- decade; and the completion of a tribal-state compact; ness, investment, aid, and diplomatic discus- ‘‘Whereas, the return of the Republic of and sions with Vietnam; and China on Taiwan to the family of nations ‘‘Whereas, only the gambling activities au- ‘‘Whereas, the government of Vietnam has through membership in the United Nations thorized for any person, organization, or en- reacted to the United States decision to nor- will help to strengthen mutual cooperation tity for any purpose in accordance with state malize diplomatic relations with a refusal to and the bonds of friendship between our na- law, should be the subject matter of any ne- institute democratic reforms and a rejection tions: Now, therefore be it gotiation; and of calls for an end to human rights viola- ‘‘Resolved, That We, your Memorialists, re- ‘‘Whereas, some courts recognize states’ tions; and spectfully request the President and the Con- ‘‘Whereas, April 30, 1995, marked the 20th gress of the United States to encourage and interests in limiting the scope of gambling; anniversary of the fall of Saigon to the Com- support full participation by the Republic of other courts have failed to give adequate munist government of North Vietnam: Now, China on Taiwan in the United Nations; and weight to state limitations on gambling therefore, be it be it further within a state’s borders; and ‘‘Resolved by the Assembly and Senate of the ‘‘Resolved, That suitable copies of this reso- ‘‘Whereas, the public policy of the state of State of California, jointly, That the Legisla- lution, duly authenticated by the Secretary Washington, as expressed by the Legislature ture hereby declares its support for the of State, be transmitted to the Honorable in 1994, is to limit the nature and scope of struggle of the Vietnamese people for free- William J. Clinton, President of the United gambling activities through strict regula- dom and democracy, calls for an end to polit- States, to the President of the Senate and tion and control; and ical oppression and for respect of human and the Speaker of the House of Representatives ‘‘Whereas, Washington state has been un- civil rights in Vietnam, and urges the Gov- of the Congress of the United States and to able to carry out its public policy on gam- ernment of the United States to use its new each Member of the Maine Congressional bling due to some courts’ decisions not al- diplomatic relations with Vietnam to insist Delegation.’’ lowing the state to set reasonable limita- on democratic political reforms, an end to tions on gambling; and human rights violations, and a full account- POM–521. A joint resolution adopted by the ‘‘Whereas, because Washington has been ing of American POWs and MIAs and to Legislature of the State of Alaska; to the limited by court decisions to fulfill its public make the extension of Most Favored Nation Committee on Governmental Affairs. policy goal an unfair situation and an eco- status, contingent upon (1) the unconditional LEGISLATIVE RESOLVE NO. 31 nomic hardship has occurred for operators of release of all political and religious prisoners ‘‘Whereas there is continuing controversy non-Indian gambling establishments, which in Vietnam, (2) the immediate cessation of concerning Americans who were listed as are licensed and regulated by the state; punishment of critics through detention prisoners of war (POW) or missing in action ‘‘Whereas, nationally there has been much without trial, (3) the abolition of all political (MIA) while serving in the Southeast Asian disagreement between tribes and states as to prisons and reeducation camps throughout nations of Vietnam, Laos, Kampuchea (for- the scope of gaming subject to negotiation the country, (4) the elimination of all regula- merly Cambodia); and under the Indian Gaming Regulatory Act of tions, codes, and constitutional provisions ‘‘Whereas the United States government 1988: Now, therefore, Your Memorialists re- prohibiting organized opposition activity has stated that all of our POW’s have been spectfully request: that are commonly used to repress peaceful returned; and ‘‘(1) Congress implement sufficient clari- expression of dissent, (5) a formal commit- ‘‘Whereas a top secret Vietnamese report fication of the Indian Gaming Regulatory ment by the leaders of the Communist Party dating from 1972 by General Tran Von Act of 1988 to ensure that only those specific of Vietnam to create a pluralistic and demo- Kwang, Deputy Chief of Staff for the North gambling activities currently authorized cratic environment, with free and open na- Vietnamese Army, reported that in Sep- under the laws of a particular state are sub- tional elections under international super- tember of 1972 Hanoi held 1,205 American ject to negotiation between a tribal govern- vision, so that the citizens of Vietnam may prisoners; and ment and a state government and that the determine the future leadership and orienta- ‘‘Whereas only 591 American POWs have clarification ensure that no state is required tion of their government, (6) the immediate been released under the 1973 Peace Settle- to negotiate on any specific type of gambling and unconditional return of the remains of ment, which means that, based on General activity that is not either authorized, or all United States soldiers still in the posses- Kwang’s own report, at least 614 POWs were played, or both, within a state’s particular sion of the government of the SRV, and (7) not returned or accounted for; and boundaries; full and forthright cooperation in resolving ‘‘Whereas Vietnamese nationals who have ‘‘(2) Congress additionally clarify the In- the fate of all American POWs and MIAs in moved to the United States have reported dian Gaming Act to recognize that non-In- Southeast Asia; and be it further the appearance of American prisoners still dian gambling is important to the economic ‘‘Resolved, That corporations doing busi- being held in Southeast Asia; and intel- well-being of states and that a balance needs ness with Vietnam are encouraged to seek ligence agencies, and the governments of to be achieved between Indian and non-In- Vietnam, Laos, Kampuchea, Russia, North improvement in labor practices, as well as dian gambling activities, be it Korea, and China be ordered to turn over all human rights and civil rights in all business ‘‘Resolved, That copies of this Memorial be documents concerning Americans listed as negotiations and transactions; and be it fur- immediately transmitted to the Honorable POWs or MIAs as a result of the Vietnam ther William J. Clinton, President of the United ‘‘Resolved, That the Chief Clerk of the As- War; and be it further States, the President of the United States sembly transmit copies of this resolution to ‘‘Resolved, That the lawsuit is not intended Senate, the Speaker of the House of Rep- the President and Vice President of the to solicit a ruling or an opinion definitively resentatives, and each member of Congress United States, to the Speaker of the House declaring the POW/MIA issue moot, but rath- from the State of Washington.’’ of Representatives, and to each Senator and er it is intended to seek a mandate that all Representative from California in the Con- documents and other information concerning gress of the United States.’’ POWs and MIAs be released to the public so f that the fate or location of all members of POM–520. A joint resolution adopted by the the service who were POWs or MIAs may be INTRODUCTION OF BILLS AND Legislature of the State of Maine; to the proven beyond a reasonable doubt; and be it JOINT RESOLUTIONS Committee on Foreign Relations. futher The following bills and joint resolu- ‘‘Resolved, That the Alaska State Legisla- H.P. 1273 tions were introduced, read the first ‘‘Whereas, the United States of America ture respectfully requests the other 49 states of the United States to join in this action on and second time by unanimous con- has had a long and friendly relationship with sent, and referred as indicated: the Government of the Republic of China on behalf of their citizens being held in cap- Taiwan; and tivity as a result of the war in Southeast By Mr. DORGAN: ‘‘Whereas, in recent years the Republic of Asia.’’ S. 1642. A bill to amend the Social Security China on Taiwan has established a Act to deny cash benefits to drug addicts and multiparty, democratic political system POM–522. A joint resolution adopted by the alcoholics, and for other purposes; to the dedicated to human rights and the pursuit of Legislature of the State of Washington; to Committee on Finance. freedom; and the Committee on Indian Affairs. By Mr. GREGG (for himself and Mrs. ‘‘Whereas, commercial interaction with ‘‘SENATE JOINT MEMORIAL NO. 8028 KASSEBAUM): the Republic of China on Taiwan has grown ‘‘Whereas, the Indian Gaming Regulatory S. 1643. A bill to amend the Older Ameri- substantially in recent years; and Act of 1988 was passed by Congress to protect cans Act of 1965 to authorize appropriations

VerDate Aug 31 2005 05:10 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26MR6.REC S26MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2860 CONGRESSIONAL RECORD — SENATE March 26, 1996 for fiscal years 1997 through 2001, and for to terminate SSI and SSDI for drug ad- (1) IN GENERAL.—Section 225(c) of the So- other purposes; to the Committee on Labor dicts and alcoholics when welfare re- cial Security Act (42 U.S.C. 425(c)) is amend- and Human Resources. form legislation was considered. These ed— By Mr. BROWN (for himself, Mr. provisions have now been attached to (A) by striking ‘‘(c)(1)(A)’’ and inserting SIMON, Mr. GRASSLEY, and Mr. BAU- legislation to raise the Social Security ‘‘(2)(A)’’; CUS): (B) by striking paragraph (7) and by redes- S. 1644. A bill to authorize the extension of earnings limit, which will soon be con- ignating paragraphs (2) through (6) as para- nondiscriminatory treatment (most-favored- sidered by the Senate. graphs (3) through (7), respectively; and nation) to the products of Romania; to the My bill is different from these pro- (C) by inserting before paragraph (2) as re- Committee on Finance. posals, however, because my bill would designated by subparagraph (A) the following By Mr. KERRY (for himself and Mr. retain Medicaid eligibility and provide new paragraph: HOLLINGS): access to treatment for drug addicts S. 1645. A bill to regulate United States ‘‘(c)(1) No cash benefits shall be payable and alcoholics. under this title to any individual who is oth- scientific and tourist activities in Antarc- Under the current system, recipients tica, to conserve Antarctic resources, and for erwise entitled to benefits under this title other purposes; to the Committee on Com- are required to participate in treat- based on disability, if such individual’s alco- merce, Science, and Transportation. ment programs if they are available. holism or drug addiction is a contributing f However, quality programs often are factor material to the Commissioner’s deter- not available or are not easily acces- mination that such individual is disabled.’’. STATEMENTS ON INTRODUCED sible to SSI and SSDI recipients. To (2) TREATMENT REQUIREMENTS.— BILLS AND JOINT RESOLUTIONS make matters worse, the inspector gen- (A) Section 225(c)(2)(A) of such Act (42 By Mr. DORGAN: eral at the Department of Health and U.S.C. 425(c)(2)(A)), as redesignated by para- S. 1642. A bill to amend the Social Se- Human Services recently reported that graph (1), is amended to read as follows: curity Act to deny cash benefits to the Social Security Administration ‘‘(2)(A)(i) Any individual who would be en- drug addicts and alcoholics, and for does not know the treatment status of titled to cash benefits under this title but for other purposes; to the Committee on most SSI recipients and does not pro- the application of paragraph (1) may elect to Finance. vide monitoring of the program. comply with the provisions of this sub- THE SOCIAL SECURITY ACT AMENDMENT ACT OF Access to quality treatment for drug section. 1996 addiction is not only an effective way ‘‘(ii) Any individual who is entitled to cash ∑ Mr. DORGAN. Madam President, to truly help chemically dependent benefits under this title by reason of dis- today, I introduce legislation for which Americans—it is also cost-effective. ability (or whose entitlement to such bene- there is broad bipartisan support. Experts testifying before the House fits is suspended), and who was entitled to Ways and Means Subcommittee on such benefits by reason of disability, for Many of my colleagues share my con- which such individual’s alcoholism or drug cern about monthly cash payments Human Resources recently pointed out addiction was a contributing factor material provided through the Supplemental Se- that every dollar invested in treatment to the Commissioner’s determination that curity Income [SSI] and Social Secu- produced between $3 and $76 in health- such individual was disabled, for the month rity Disability Insurance [SSDI] pro- and criminal justice related savings. preceding the month in which this paragraph grams to people who are considered dis- These provisions of my bill ensure takes effect, shall be required to comply abled solely because they are drug ad- that people whose primary disability with the provisions of this subsection.’’ dicts and alcoholics. My bill would ter- is alcoholism or drug addiction will (B) Section 225(c)(2)(B) of such Act (42 minate cash benefits for these recipi- receive treatment instead of cash bene- U.S.C. 425(c)(2)(B)), as so redesignated, is amended— ents of SSI and SSDI, and would in- fits to address their disability. In addi- tion, my bill helps to ensure that peo- (i) by striking ‘‘who is required under sub- stead provide treatment for their ad- paragraph (A)’’ and inserting ‘‘described in dictions. ple who have other disabilities but who clause (ii) of subparagraph (A) who is re- SSI was established in 1972 to provide also have a chemical addiction will use quired’’; and cash benefits to needy disabled persons cash benefits in a way that is beneficial (ii) by striking ‘‘paragraph (3)’’ and insert- with limited resources. Most Ameri- for their well-being. ing ‘‘paragraph (4)’’. cans would be surprised to learn that Under current law, SSI and SSDI (C) Section 225(c)(3)(A) of such Act (42 drug addiction and alcoholism can cash payments to recipients whose U.S.C. 425(c)(3)(A)), as so redesignated, is qualify a person to receive monthly principal disability is a chemical addic- amended— (i) by striking ‘‘paragraph (1)’’ and insert- cash benefits under this program. tion are distributed through a rep- resentative payee, rather than directly ing ‘‘paragraph (2)(A)’’; and In fact, 135,000 people receive month- (ii) by striking ‘‘paragraph (5)’’ and insert- ly SSI payments because they are alco- to the recipient. This is intended to en- ing ‘‘paragraph (6)’’. holics or drug addicts—148 of them in sure that payments are used for the (D) Section 225(c)(3)(B) of such Act (42 my own State of North Dakota. And benefit of the recipient, rather than to U.S.C. 425(c)(3)(B)), as so redesignated, is this number is growing at a shocking further his or her disability. My bill ex- amended by striking ‘‘paragraph (1)’’ and in- pace. tends that safeguard to any SSI or serting ‘‘paragraph (2)(A)’’. The number of addicts receiving SSDI recipient who is chemically de- (E) Section 225(c)(5) of such Act (42 U.S.C. monthly SSI benefits quadrupled in the pendent if the recipient is incapable of 425(c)(5)), as so redesignated, is amended by striking ‘‘paragraph (2)’’ and inserting last 4 years. Over 10 years, the percent- managing his or her own benefits. I hope my colleagues will join me in ‘‘paragraph (3)’’. age of SSI recipients who receive pay- (F) Section 225(c)(6)(A) of such Act (42 ments because of an addiction to drugs cosponsoring this legislation so that U.S.C. 425(c)(6)(A), as so redesignated, is or alcohol increased from 0.3 percent of we can underscore the importance of amended— the caseload to more than 2 percent of this issue. Cash assistance will not help (i) by striking ‘‘who are receiving benefits the total caseload today—for an annual alcoholics and drug addicts overcome under this title and who as a condition of cost to taxpayers of about $630 million. their diseases, but quality treatment payment of such benefits’’ and inserting ‘‘de- To most Americans, this policy is and medical care will. scribed in paragraph (2)(A)(i) who elect to undergo treatment; and the monitoring and wrong-headed. Substance abusers need I ask unanimous consent that the en- tire text of the bill be printed in the testing of all individuals described in para- treatment, not cash handouts from the graph (2)(A)(ii) who’’; Federal Government. The bill I am in- RECORD. There being no objection, the bill was (ii) by striking ‘‘under paragraph (1)’’; and troducing today would address this (iii) by striking ‘‘paragraph (2)(A)’’ and in- problem by ending SSI and SSDI cash ordered to be printed in the RECORD, as serting ‘‘paragraph (3)(A)’’. benefits for those for whom substance follows: (G) Section 225(c)(6)(C)(ii)(I) of such Act (42 abuse is a material factor in their dis- S. 1642 U.S.C. 425(c)(6)(C)(ii)(I)), as so redesignated, ability. Instead, drug addicts and alco- Be it enacted by the Senate and House of Rep- is amended— (i) by striking ‘‘residing in the State’’ and holics would be provided with access to resentatives of the United States of America in Congress assembled, all that follows through ‘‘they are disabled’’ quality treatment for their diseases. SECTION 1. DENIAL OF CASH BENEFITS TO DRUG and inserting ‘‘described in paragraph (2)(A) There is broad consensus that we ADDICTS AND ALCOHOLICS. residing in the State’’; and must end cash benefits for substance (a) AMENDMENTS RELATING TO TITLE II DIS- (ii) by striking ‘‘paragraph (2)(A)’’ and in- abusers. The House and Senate voted ABILITY BENEFITS.— serting ‘‘paragraph (3)(A)’’.

VerDate Aug 31 2005 05:10 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26MR6.REC S26MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 26, 1996 CONGRESSIONAL RECORD — SENATE S2861 (H) Section 225(c)(6)(C)(ii)(III) of such Act for the application of subparagraph (A) may missioner of Social Security determines that (42 U.S.C. 425(c)(6)(C)(ii)(III)), as so redesig- elect to comply with the provisions of this such payment would serve the interest of the nated, is amended by striking ‘‘paragraph subparagraph. individual because the individual also has an (2)(A)’’ and inserting ‘‘paragraph (3)(A)’’. ‘‘(bb) Any individual who is eligible for alcoholism or drug addiction condition (as (I) Section 225(c)(6)(C) of such Act (42 cash benefits under this title by reason of determined by the Commissioner) and the in- U.S.C. 425(c)(6)(C)), as so redesignated, is disability (or whose eligibility for such bene- dividual is incapable of managing such bene- amended by adding at the end the following: fits is suspended) or is eligible for benefits ‘‘(iii) The monitoring requirements of pursuant to section 1619(b), and who was eli- fits.’’. clause (ii) shall not apply in the case of any gible for such benefits by reason of dis- (B) Section 1631(a)(2)(B)(vii) of such Act (42 individual described in paragraph (2)(A)(i) ability, for which such individual’s alco- U.S.C. 1383(a)(2)(B)(vii)) is amended by strik- who fails to comply with the requirements of holism or drug addiction was a contributing ing ‘‘eligible for benefits’’ and all that fol- paragraph (2).’’. factor material to the Commissioner’s deter- lows through ‘‘is disabled’’ and inserting (J) Section 225(c)(7) of such Act (42 U.S.C. mination that such individual was disabled, ‘‘described in subparagraph (A)(ii)(II)’’. 425(c)(7)), as so redesignated, is amended— for the month preceding the month in which (C) Section 1631(a)(2)(B)(ix)(II) of such Act (i) in subparagraph (A), by striking ‘‘who is this subparagraph takes effect, shall be re- (42 U.S.C. 1383(a)(2)(B)(ix)(II)) is amended by entitled’’ and all that follows through ‘‘is quired to comply with the provisions of this striking all that follows ‘‘15 years, or’’ and under a disability’’ and inserting ‘‘described subparagraph.’’. inserting ‘‘described in subparagraph in paragraph (2)(A)’’; and (B) Section 1611(e)(3)(B)(i)(II) of such Act (A)(ii)(II).’’. (ii) in subparagraph (D), by striking ‘‘(4) or (42 U.S.C. 1382(e)(3)(B)(i)(II)), as so redesig- (D) Section 1631(a)(2)(D)(i)(II) of such Act (7)’’ and inserting ‘‘(5)’’. nated, is amended by striking ‘‘who is re- (K) Section 225(c)(8) of such Act (42 U.S.C. (42 U.S.C. 1383(a)(2)(D)(i)(II)) is amended by quired under subclause (I)’’ and inserting striking ‘‘eligible for benefits’’ and all that 425(c)(8)) is amended by striking ‘‘(1), (4) or ‘‘described in division (bb) of subclause (I) (7)’’ and inserting ‘‘(2) or (5)’’. follows through ‘‘is disabled’’ and inserting who is required’’. ‘‘described in subparagraph (A)(ii)(II)’’. (L) Section 225(c) of such Act (42 U.S.C. (C) Subclauses (I) and (II) of section (4) PRESERVATION OF MEDICAID ELIGI- 425(c)) is amended by adding at the end the 1611(e)(3)(B)(ii) of such Act (42 U.S.C. BILITY.—Section 1634(e) of such Act (42 U.S.C. following new paragraphs: 1382(e)(3)(B)(ii)), as so redesignated, are each ‘‘(10) The Commissioner shall provide ap- 1382(e)) is amended— amended by striking ‘‘clause (i)’’ and insert- propriate notification to each individual sub- ing ‘‘clause (i)(I)’’. (A) by striking ‘‘clause (i) or (v) of section ject to the limitation on cash benefits con- 1611(e)(3)(A)’’ and inserting ‘‘subparagraph tained in paragraph (1) and the treatment (D) Section 1611(e)(3)(B) of such Act (42 U.S.C. 1382(e)(3)(B)), as so redesignated, is (A) or subparagraph (B)(i)(II) of section provisions contained in paragraph (2). 1611(e)(3)’’; and ‘‘(11) The requirements of paragraph (2) amended by striking clause (v) and by redes- (B) by adding at the end the following: shall cease to apply to any individual if the ignating clause (vi) as clause (v). Commissioner determines that such indi- (E) Section 1611(e)(3)(B)(v) of such Act (42 ‘‘This subsection shall cease to apply to any vidual no longer needs treatment.’’. U.S.C. 1382(e)(3)(B)(v)), as redesignated by such person if the Commissioner determines (3) REPRESENTATIVE PAYEE REQUIRE- subparagraph (D), is amended— that such person no longer needs treat- MENTS.— (i) in subclause (I), by striking ‘‘who is eli- ment.’’. (A) Section 205(j)(1)(B) of such Act (42 gible’’ and all that follows through ‘‘is dis- (5) CONFORMING AMENDMENT.—Section U.S.C. 405(j)(1)(B)) is amended to read as fol- abled’’ and inserting ‘‘described in clause 201(c) of the Social Security Independence lows: (i)(I)’’; and and Program Improvements Act of 1994 (42 ‘‘(B) In the case of an individual entitled to (ii) in subclause (V), by striking ‘‘or (v)’’. U.S.C. 425 note) is repealed. benefits based on disability, the payment of (F) Section 1611(e)(3)(C)(i) of such Act (42 such benefits shall be made to a representa- U.S.C. 1382(e)(3)(C)(i)), as redesignated by (c) EFFECTIVE DATES.— tive payee if the Commissioner of Social Se- paragraph (1), is amended by striking ‘‘who (1) IN GENERAL.—Except as provided in curity determines that such payment would are receiving benefits under this title and paragraph (2), the amendments made by this serve the interest of the individual because who as a condition of such benefits’’ and in- section shall apply to applicants for benefits the individual also has an alcoholism or drug serting ‘‘described in subparagraph under title II or title XVI of the Social Secu- addiction condition (as determined by the (B)(i)(I)(aa) who elect to undergo treatment; rity Act for months beginning on or after the Commissioner) and the individual is incapa- and the monitoring and testing of all indi- date of the enactment of this Act, without ble of managing such benefits.’’. viduals described in subparagraph regard to whether regulations have been (B) Section 205(j)(2)(C)(v) of such Act (42 (B)(i)(I)(bb) who’’. issued to implement such amendments. U.S.C. 405(j)(2)(C)(v)) is amended by striking (G) Section 1611(e)(3)(C)(iii)(II)(aa) of such (2) APPLICATION TO CURRENT RECIPIENTS.— ‘‘entitled to benefits’’ and all that follows Act (42 U.S.C. 1382(e)(3)(C)(iii)(II)(aa)), as so Notwithstanding any other provision of law, through ‘‘under a disability’’ and inserting redesignated, is amended by striking ‘‘resid- in the case of an individual who is receiving ‘‘described in paragraph (1)(B)’’. ing in the State’’ and all that follows benefits under title II of the Social Security (C) Section 205(j)(2)(D)(ii)(II) of such Act through ‘‘they are disabled’’ and inserting Act or supplemental security income bene- (42 U.S.C. 405(j)(2)(D)(ii)(II)) is amended by ‘‘described in subparagraph (B)(i)(I) residing fits under title XVI of such Act as of the date striking all that follows ‘‘15 years, or’’ and in the State’’. of the enactment of this Act and whose enti- inserting ‘‘described in paragraph (1)(B).’’. (H) Section 1611(e)(3)(C)(iii) of such Act (42 tlement or eligibility for such benefits would (D) Section 205(j)(4)(A)(i)(II) of such Act (42 U.S.C. 1382(e)(3)(C)(iii)), as so redesignated, is U.S.C. 405(j)(4)(A)(ii)(II)) is amended by terminate by reason of the amendments amended by adding at the end the following: made by this section, such amendments shall striking ‘‘entitled to benefits’’ and all that ‘‘(III) The monitoring requirements of sub- follows through ‘‘under a disability’’ and in- clause (II) shall not apply in the case of any apply with respect to the benefits of such in- serting ‘‘described in paragraph (1)(B)’’. individual described in subparagraph dividual for months beginning on or after (b) AMENDMENTS RELATING TO SSI BENE- (B)(i)(I)(aa) who fails to comply with the re- January 1, 1997, and the Commissioner of So- FITS.— quirements of subparagraph (B).’’. cial Security shall so notify the individual (1) IN GENERAL.—Section 1611(e)(3) of the (I) Section 1611(e)(3) of such Act (42 U.S.C. not later than 90 days after the date of the Social Security Act (42 U.S.C. 1382(e)(3)) is 1382(e)(3)), as amended by paragraph (1), is enactment of this Act. amended— amended by adding at the end the following (3) BENEFITS UNDER TITLE XVI.—For pur- (A) by striking ‘‘(B)’’ and inserting ‘‘(C)’’; new subparagraphs: poses of this subsection, the term ‘‘benefits (B) by striking ‘‘(3)(A) and inserting ‘‘(B)’’; ‘‘(D) The Commissioner shall provide ap- under title XVI of the Social Security Act’’ and propriate notification to each individual sub- includes supplementary payments pursuant (C) by inserting before subparagraph (B) as ject to the limitation on cash benefits con- to an agreement for Federal administration redesignated by paragraph (2) the following tained in subparagraph (A) and the treat- under section 1616(a) of the Social Security new subparagraph: ment provisions contained in subparagraph Act, and payments pursuant to an agreement ‘‘(3)(A) No cash benefits shall be payable (B). entered into under section 212(b) of Public ‘‘(E) The requirements of subparagraph (B) under this title to any individual who is oth- Law 93–66.∑ erwise eligible for benefits under this title shall cease to apply to any individual if the by reason of disability, if such individual’s Commissioner determines that such indi- alcoholism or drug addiction is a contrib- vidual no longer needs treatment.’’. By Mr. GREGG (for himself and uting factor material to the Commissioner’s (3) REPRESENTATIVE PAYEE REQUIRE- Mrs. KASSEBAUM): determination that such individual is dis- MENTS.— abled.’’. (A) Section 1631(a)(2)(A)(ii)(II) of such Act S. 1643. A bill to amend the Older (2) TREATMENT REQUIREMENTS.— (42 U.S.C. 1383(a)(2)(A)(ii)(II)) is amended to Americans Act of 1965 to authorize ap- (A) Section 1611(e)(3)(B)(i)(I) of such Act (42 read as follows: propriations for fiscal years 1997 U.S.C. 1382(e)(3)(B)(i)(I)), as redesignated by ‘‘(II) In the case of an individual eligible through 2001, and for other purposes; to paragraph (1), is amended to read as follows: for benefits under this title by reason of dis- ‘‘(B)(i)(I)(aa) Any individual who would be ability, the payment of such benefits shall be the Committee on Labor and Human eligible for cash benefits under this title but made to a representative payee if the Com- Resources.

VerDate Aug 31 2005 05:10 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26MR6.REC S26MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2862 CONGRESSIONAL RECORD — SENATE March 26, 1996 THE OLDER AMERICANS ACT AMENDMENTS OF along with Senator MIKULSKI who is structuring the act so that it is logi- 1996 the ranking member on the Aging Sub- cally based on service and oversight re- Mr. GREGG. Mr. President, I rise committee, to ensure that it remains sponsibilities, as opposed to program today to introduce the Older Ameri- bipartisan. That is not to say that con- by program, fractionalized by seven ti- cans Act Amendments of 1996. This im- cerns on both sides of the aisle were tles. The four titles of this bill include portant law recently saw its 30th anni- not fully explored. The goal has been to one for Federal functions, one for State versary, and I believe it is the type of achieve the strongest policy possible, responsibilities, one for Area Agency legislation that we should have more of and in doing so, meet the concerns of on Aging authorities, and one title for in this country; it is a bill that is de- all of our colleagues. native American programs. signed to help our senior citizens help A concerted effort has been made to This bill maximizes flexibility for themselves. This is a bill that focuses maintain an atmosphere of collegiality service delivery at the State and local on meeting the needs of senior citizens and consensus. For the Republican level, while still retaining protections in ways that will promote their well- members of the Labor Committee, this over priority services, such as outreach being and independence. Through a va- has meant a willingness to recognize and counseling, long-term care om- riety of supportive programs—from the value of a particular policy in cases budsmen, and case management. The providing meals that are both home-de- where we would have made other deci- bill also rationalizes the funding for- livered and served in congregate set- sions based on our general philosophy. mulas for both nutrition and sup- tings, to subsidizing seniors’ income In addition, we have taken a great deal portive services as well as SCSEP, the through an employment and training of time and effort to listen to and con- Senior Community Service Employ- program, to facilitating information, sult with interested groups who are ment Program. This is important be- case management, and referral services part of the aging network. We have ex- cause we must direct our limited Fed- so that all available services to seniors tended an open-door policy to anyone eral resources to where a real need ex- can be coordinated and maximized— who expressed an interest in sharing ists. We must also be planning now for this bill works to ensure the system their views and exchanging ideas in a the future, and ensure that legislation works for our older Americans. constructive environment. We re- that we pass today will be structured This bill essentially takes what has sponded to what we heard; for example, to respond to the needs of tomorrow become an overly complicated, pre- we have retained the Eldercare Locator and the 21st century. In addition, we have directed funds to scriptive law and streamlines it, turns Service, a program which allows family the administration, States, and local- significant amounts of authority over members to find services for their ities as required for the purpose of ad- to the States, encourages a bottoms-up loved ones, even if they are in a dif- ministering these programs. While im- planning process, and allows programs ferent part of the country. We retained portant functions are carried out with and services to be tailored to meet ac- a separate line-item of funding for the administrative dollars, when faced tual—rather than perceived—social and long-term-care ombudsman program, with a choice between administration economic needs. This legislation will after hearing repeatedly of its signifi- and service, we have opted to meet the provide maximum authority and flexi- cance in States across the Nation. needs of our seniors wherever we can. bility to States and localities in the de- The bill I am introducing here today, To further promote quality service de- sign and operation of their services for along with my colleague from Kansas livery, we have eliminated the artifi- seniors, while protecting the integrity and the Chairman of our Committee, cial funding wall between home-deliv- of a number of priority programs—in- Senator KASSEBAUM, is a result of that ered and congregate meals programs. cluding outreach and counseling pro- process over the last year. It contains We have also increased the transfer au- policy that was structured in response grams, the long-term care ombudsman, thority between nutrition programs to excellent witnesses who testified preventive health efforts, elder abuse and supportive services, which funds prevention, and legal assistance serv- both before our subcommittee and the items such as transportation, in-home ices. House. These individuals brought their assistance, health screening and edu- The bill drives more money into the unique, grassroots perspective from the cation, health insurance benefit op- delivery of those services most needed trenches to us here in Washington. tions, crime prevention, and work on in States and local communities Their comments had a tremendous multipurpose senior center facilities. through sound economic principles. value in this process, as their issues This bill retains the authority and Throughout this bill, a ‘‘bottoms-up’’ are real, not perceived. One provision authorizes funding of research and planning process is facilitated; this we adopted on their advice was, for ex- demonstration grants in order to en- means actual needs will be met on the ample, to permit States to institute courage innovative approaches to the local level, rather than what we per- cost-sharing provisions; however, we delivery of the critical services pro- ceive the needs to be from our distant have ensured that these provisions will vided for under this act. While, again, vantage point here in Washington. It is not prevent any senior from receiving there is a limit on the number of dol- clear from a myriad of other programs services due to an inability to pay. lars that can be provided for such ac- that we fund and that have failed that This bill responds to concerns and tivities, we also have seen some excel- Washington does not always know best. questions that were posed after we cir- lent programs emerge from these We must ensure that we don’t drag this culated a legislative proposal last De- projects, and have attempted to find a program down under a father-knows- cember. It also incorporates a number way to continue them. best mentality. of items raised by the administration We maintained a number of provi- This is not a welfare bill. It is not and the Democratic members of the sions to protect the quality of the long- legislation that is designed to only Labor Committee, both technical and term-care ombudsman offices in each meet the needs of specific populations substantive. These include: Retaining State by clarifying the minimal cri- or address specific problems. Instead, authority for the Assistant Secretary teria for eligibility and providing con- the Older Americans Act is a con- to make grants for preventive health flict-of-interest safeguards. This bill tinuum of programs which have been activities, with priority given to medi- ensures that particular attention con- structured to respond to everything cally underserved areas and locations tinues to be paid to the needs of the from economic needs, to physical and with the greatest economic need; defi- minority elderly population. In addi- transportation problems, to answering nition of low income at 150 percent of tion, the legislation permits States to individuals’ social requirements. All of the Federal poverty line; and mandated institute cost-sharing requirements as our seniors should have the oppor- State planning requirements for legal they see necessary under a self-declara- tunity for a nutritious meal, or to get assistance and insurance-public benefit tion-of-income standard. Confiden- other assistance when they need it; counseling. tiality standards are provided, and this bill facilitates their access to The overall structure of this bill has there is language which ensures that these kinds of services. also been changed. Like a house that no one will be denied services due to an This has never been considered a par- had numerous additions over the years, inability to pay. tisan piece of legislation, and Senator the Older Americans Act had become It is time to reexamine the status KASSEBAUM and I have worked hard, disjointed. We have corrected that, re- quo for all Federal programs and make

VerDate Aug 31 2005 05:10 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26MR6.REC S26MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 26, 1996 CONGRESSIONAL RECORD — SENATE S2863 improvements where necessary. And I ment of innovative approaches to the again in 1995, with total foreign invest- think we have made an excellent start delivery of critical services for seniors. ment of $1.6 billion as of December 31, with this bill, the Older Americans As the population continues to age 1995. Romanian exports to the United Act. Again, I would like to thank Sen- and as needs change, more pressure States are growing rapidly, increasing ators KASSEBAUM and MIKULSKI for will be placed on providers to make by 27 percent through the third quarter their efforts on this bill. I believe the sure that essential needs of the elderly of 1995 over the same period in 1994. bill will allow seniors across the coun- are met. I am hopeful that our efforts All in all, Romania’s progress in in- try to remain healthy, living in their will lead to a system of senior services stituting democratic reforms and a free own homes in their community, and that are not only more consumer driv- market economy has earned it a per- supported in their endeavors to stay en but are also better designed to offer manent extension of most-favored-na- independent. And this bill does all of support to seniors in their endeavors to tion treatment. In addition, Romania this by striving to maximize public-pri- remain healthy and independent. has been found by President Clinton to vate partnership to supplement the be in full compliance with the freedom By Mr. BROWN (for himself, Mr. limited Federal funds available—en- of emigration requirements under title SIMON, Mr. GRASSLEY, and Mr. couraging the Federal dollars to be IV of the Trade Act of 1974. As I found BAUCUS): during my recent visit, Romania is used to leverage private funding, and S. 1644. A bill to authorize the exten- by allowing priorities to be set at the clearly making significant progress in sion of nondiscriminatory treatment rejoining the West. I urge the support grassroots level whenever possible. (most-favored-nation) to the products Mrs. KASSEBAUM. Mr. President, I of my colleagues for the earliest con- of Romania; to the Committee on Fi- rise today as an original cosponsor of sideration of this important measure. nance. legislation to reauthorize the Older ROMANIA MOST-FAVORED-NATION STATUS By Mr. KERRY (for himself and Americans Act of 1965. I am pleased LEGISLATION Mr. HOLLINGS): that Senator GREGG has taken the lead Mr. BROWN. Mr. President, I rise S. 1645. A bill to regulate United in drafting a bill that grants States today with several of my distinguished States scientific and tourist in Antarc- and local communities the authority colleagues, including Senator PAUL tica, to conserve Antarctic resources, and flexibility to tailor programs to SIMON, Senator CHUCK GRASSLEY, and and for other purposes; to the Com- best fit the needs of their aging citi- Senator MAX BAUCUS, to introduce a mittee on Commerce. zens. historic measure, a bill to permanently THE ANTARCTIC SCIENCE, TOURISM, AND The original Older Americans Act restore nondiscriminatory treatment CONSERVATION ACT OF 1996 was passed in 1965 with the intention of to the products of Romania. We are ∑ Mr. KERRY. Mr. President, today I using joint Federal and State funds to joined by Representatives PHIL CRANE, am introducing the Antarctic Science, provide a range of services for elder SAM GIBBONS, and BARBARA KENNELLY Tourism, and Conservation Act of 1996. Americans. Since that time, the act in the House who are also introducing The purpose of this legislation is to en- has evolved into a comprehensive list this same bill in that body today. able the United States to implement of programs and services—ranging from On December 22, 1989, Romania the Protocol on Environmental Protec- legal and counseling services to trans- emerged from years of brutal Com- tion to the Antarctic Treaty. The Pro- portation and employment services to, munist dictatorship and began its care- tocol was negotiated by the parties of perhaps most importantly, nutrition ful journey toward democracy and free the Antarctic Treaty System and services. markets. By 1991, Romania had ap- signed in October, 1991. The Senate Every day thousands of seniors gath- proved a new Constitution and elected gave its advice and consent to the Pro- er at congregate meal sites to obtain a Parliament, laying a foundation for a tocol on October 7, 1992. In August, nutrition services, as well as enjoy the modern parliamentary democracy. 1993, I introduced the precursor to this companionship these sites offer. Often, This year will mark the second nation- bill and the Senate Commerce Com- a nutrition site will serve as the point wide Romanian Presidential election mittee reported it to the full Senate in of entry for seniors to gain knowledge under the new Constitution. early 1994. Unfortunately, continuing of other services available to them Romania’s economic legacy of ex- disagreements among scientists, con- through their local communities or treme centralization, an oppressive servation groups, and the administra- their area agency on aging. The con- Communist government and a stifling tion about the legislative changes gregate meal sites serve as a valuable bureaucracy gave it one of the longest needed for the United States to carry socialization too, as well as often pro- paths to reach a functioning market out its responsibilities under the Pro- viding the only nutritious meal of the economy of any of the emerging de- tocol prevented further action on that day for many seniors. mocracies of Central Europe. Nonethe- bill. Through changes in the Older Ameri- less, according to the U.S. Department Today, I am pleased to announce that cans Act, this legislation will provide of Commerce, after many years of dif- the legislative impasse has come to an maximum authority and flexibility to ficult work, much of the necessary leg- end. The bill Senator HOLLINGS and I States and localities in the design and islative framework for a market econ- are introducing is supported by all the operation of their services for seniors, omy is in place. Romania’s economic parties engaged in this somewhat while protecting the integrity of cer- reforms include the establishment of a lengthy but ultimately successful con- tain priority programs including: out- two-tier banking system, the introduc- sensus-building process. reach and counseling programs, case tion of a modern tax system, the free- Why are we concerned about imple- management, the long-term-care om- ing of most prices and elimination of menting this particular international budsman, preventive health efforts, most subsidies, the adoption of a tariff- agreement? The protocol recognizes and elder abuse prevention programs. based trade regime, and the privatiza- that Antarctica is a unique and fragile Mr. President, each State has very dif- tion of nearly all Romanian agri- ecosystem that must be monitored and ferent needs. This bill allows each culture and rapidly developing enter- protected and it reaffirms the designa- State to craft programs to fit their in- prises. tion of Antarctica as a special con- dividual communities. As I witnessed on my recent visit to servation area. At the same time, the In addition, this proposal strives to Romania, the economic changes are re- protocol encourages and supports the maximize public-private partnership, markable. Romania’s private sector unparalleled research opportunities recognizing that the Federal Govern- currently accounts for 45 percent of Antarctica offers for scientific study of ment is not able to meet all the needs gross domestic product, including more both global and regional environmental that exist among this growing popu- than 80 percent of agricultural prop- processes. Finally, the protocol ac- lation, but that Federal funds can form erty with 5 million. new landowners, knowledges and addresses the impact a basis of support for leveraging pri- more than half a million private firms, of the growing number of tourists who vate dollars. Also important, I believe, and 46,000 joint ventures with foreign travel to the Antarctic to witness its is the retention of the authority and capital. wild beauty and bountiful marine life, funding for research and demonstration American investment in Romania but whose presence is responsible for projects which encourage the develop- doubled from 1993 to 1994 and doubled increasing environmental stress.

VerDate Aug 31 2005 05:10 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26MR6.REC S26MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2864 CONGRESSIONAL RECORD — SENATE March 26, 1996 The bill before us builds on the exist- ‘‘(1) for well over a quarter of a century, torial sea of the United States, whether or ing U.S. regulatory framework pro- scientific investigation has been the prin- not such act constitutes an important within vided in the Antarctic Conservation cipal activity of the Federal Government and the meaning of the customs laws of the Act to implement the protocol and to United States nationals in Antarctica; United States; ‘‘(2) more recently, interest of American ‘‘(9) the term ‘native bird’ means any mem- balance two important goals. The first tourists in Antarctica has increased; ber, at any stage of its life cycle (including goal is to conserve and protect the ‘‘(3) as the lead civilian agency in Antarc- eggs), of any species of the class Aves which Antarctic environment and resources. tica, the National Science Foundation has is indigenous to Antarctica or occurs there the second is to minimize interference long had responsibility for ensuring that seasonally through natural migrations, and with scientific research. The bill United States scientific activities and tour- includes any part of such member; ism, and their supporting logistics oper- ‘‘(10) the term ‘native invertebrate’ means amends the Antarctic Conservation any terrestial or freshwater invertebrate, at Act to make existing provisions gov- ations, are conducted with an eye to pre- serving the unique values of the Antarctic any stage of its life cycle, which is indige- erning U.S. research activities con- nous to Antarctica, and includes any part of region;’’; sistent with the requirements of the such invertebrate; (2) by striking ‘‘the Agreed Measures for Protocol. As under current law, the Di- ‘‘(11) the term ‘native mammal’ means any the Conservation of antarctic Fauna and member, at any stage of its life cycle, of any rector of the National Science Founda- Flora, adopted at the Third Antarctic Treaty tion [NSF] would remain the lead agen- species of the class Mammalia, which is in- Consultative Meeting, have established a digenous to Antarctica or occurs there sea- cy in managing the Antarctic science firm foundation’’ in paragraph (4), as redesig- sonally through natural migrations, and in- program and in issuing regulations and nated, and inserting ‘‘the Protocol establish cludes any part of such member; research permits. In addition, the bill a firm foundation for the conservation of ‘‘(12) the term ‘native plant’ means any calls for comprehensive assessment and Antarctic resources,’’; terrestrial or freshwater vegetation, includ- monitoring of the effects of both gov- (3) by striking paragraph (5), as redesig- ing bryophytes, lichens, fungi, and algae, at nated, and inserting the following: ernmental and nongovernmental ac- any stage of its life cycle (including seeds ‘‘(5) the Antarctic Treaty and the Protocol and other propagules), which is indigenous to tivities on the fragile Antarctic eco- establish international mechanisms and cre- Antarctica, and includes any part of such system. It also would continue indefi- ate legal obligations necessary for the main- vegetation; nitely a ban on Antarctic mineral re- tenance of Antarctica as a natural reserve ‘‘(13) the term ‘non-native species’ means source activities. Finally, the bill devoted to peace and science.’’. any species of animal or plant which is not amends the act to prevent pollution (b) PURPOSE.—Section 2(b) of such Act (16 indigenous to Antarctica and does not occur from ships to implement provisions of U.S.C. 2401(b)) is amended by striking ‘‘Trea- there seasonally through natural migrations; ‘‘(14) the term ‘person’ has the meaning the protocol relating to protection of ty, the Agreed Measures for the Conserva- tion of Antarctic Fauna and Flora, and Rec- given that term in section 1 of title 1, United marine resources. ommendation VII–3 of the Eighth Antarctic States Code, and includes any person subject Before closing, I would like to thank treaty Consultative Meeting’’ and inserting to the jurisdiction of the United States and Senator HOLLINGS, ranking Democrat ‘‘Treaty and the Protocol’’. any department, agency, or other instrumen- tality of the Federal Government or of any on the Commerce Committee; the De- SEC. 102. DEFINITIONS. State or local government; partment of State, especially Under Section 3 of the Antarctic Conservation Secretary for Global Affairs Tim Wirth ‘‘(15) the term ‘prohibited product’ means Act of 1978 (16 U.S.C. 2492) is amended to read any substance banned from introduction and Tucker Scully of the Bureau of as follows: onto land or ice shelves or into water in Ant- Oceans and International Environ- ‘‘SEC. 3. DEFINITIONS. arctica pursuant to Annex III to the Pro- mental and Scientific Affairs; Dr. Neil ‘‘For purposes of this Act— tocol; Sullivan, Director of Polar Programs, ‘‘(1) the term ‘Administrator’ means the ‘‘(16) the term ‘prohibited waste’ means and Larry Rudolph of the National Administrator of the environmental Protec- any substance which must be removed from Science Foundation; and other inter- tion Agency; Antarctica pursuant to Annex III to the Pro- ested parties including Greenpeace, ‘‘(2) the term ‘Antarctica’ means the area tocol, but does not include materials used for south of 60 degrees south latitude; balloon envelopes required for scientific re- World Wildlife Fund, and especially the ‘‘(3) the term ‘Antarctic Specially Pro- search and weather forecasting; Antarctica Project and its director tected Area’ means an area identified as such ‘‘(17) the term ‘Protocol’ means the Pro- Beth Marks for their hard work and as- pursuant to Annex V to the Protocol; tocol on Environmental Protection to the sistance in developing this bill. ‘‘(4) the term ‘Director’ means the Director Antarctic Treaty, signed October 4, 1991, in As one of the founders of the Ant- of the National Science Foundation; Madrid, and all annexes thereto, including arctic Treaty System, the United ‘‘(5) the term ‘harmful interference’ any future amendments thereto to which the States has an obligation to enact means— United States is a party; ‘‘(A) flying or landing helicopters or other ‘‘(18) the term ‘Secretary’ means the Sec- strong implementing legislation, and retary of Commerce; our action to complete ratification of aircraft in a manner that disturbs concentra- tions of birds or seals; ‘‘(19) the term ‘Specially Protected Spe- the protocol is long overdue. I urge my ‘‘(B) using vehicles or vessels, including cies’ means any native species designated as colleagues’ support, and prompt action hovercraft and small boats, in a manner that a Specially Protected Species pursuant to to enact the Antarctic Science, Tour- disturbs concentrations of birds or seals; Annex II to the Protocol; ‘‘(20) the term ‘take’ means to kill, injure, ism, and Conservation Act of 1996. ‘‘(C) using explosives or firearms in a man- capture, handle, or molest a native mammal I ask unanimous consent that the ner that disturbs concentrations of birds or or bird, or to remove or damage such quan- seals; text of the bill be printed in the tities of native plants that their local dis- ‘‘(D) willfully disturbing breeding or molt- RECORD immediately following my tribution or abundance would be signifi- ing birds or concentrations of birds or seals statement. cantly affected; There being no objection, the bill was by persons on foot; ‘‘(21) the term ‘Treaty’ means the Ant- ‘‘(E) significantly damaging concentra- ordered to be printed in the RECORD, as arctic Treaty signed in Washington, DC, on follows: tions of native terrestrial plants by landing December 1, 1959; aircraft, driving vehicles, or walking on ‘‘(22) the term ‘United States’ means the S. 1645 them, or by other means; and several States of the Union, the District of Be it enacted by the Senate and House of Rep- ‘‘(F) any activity that results in the sig- Columbia, the Commonwealth of Puerto resentatives of the United States of America in nificant adverse modification of habitats of Rico, American Samoa, the Virgin Islands, Congress assembled, any species or population of native mammal, Guam, the Commonwealth of the Northern SECTION 1. SHORT TITLE. native bird, native plant, or native inverte- Mariana Islands, and any other common- This Act may be cited as the ‘‘Antarctic brate; wealth, territory, or possession of the United Science, Tourism, and Conservation Act of ‘‘(6) the term ‘historic site or monument’ States; and 1996’’. means any site or monument listed as an ‘‘(23) the term ‘vessel subject to the juris- TITLE I—AMENDMENTS TO THE historic site or monument pursuant to diction of the United States’ includes any ANTARCTIC CONSERVATION ACT OF 1978 Annex V to the Protocol; ‘vessel of the United States’ and any ‘vessel SEC. 101. FINDINGS AND PURPOSE. ‘‘(7) the term ‘impact’ means impact on the subject to the jurisdiction of the United (a) FINDINGS.—Section 2(a) of the Antarctic Antarctic environment and dependent and States’ as those terms are defined in section Conservation Act of 1978 (16 U.S.C. 2401(a)) is associated ecosystems; 303 of the Antarctic Marine Living Resources amended— ‘‘(8) the term ‘import’ means to land on, Convention Act of 1984 (16 U.S.C. 2432).’’. (1) by redesignating paragraphs (1) and (2) bring into, or introduce into, or attempt to SEC. 103. PROHIBITED ACTS. as paragraphs (4) and (5) respectively, and in- land on, bring into or introduce into, any Section 4 of the Antarctic Conservation serting before paragraph (4), as redesignated, place subject to the jurisdiction of the Act of 1978 (16 U.S.C. 2403) is amended to read the following: United States, including the 12-mile terri- as follows:

VerDate Aug 31 2005 05:10 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26MR6.REC S26MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 26, 1996 CONGRESSIONAL RECORD — SENATE S2865 ‘‘SEC. 4. PROHIBITED ACTS. unlawful if the person committing the act ‘‘(2) Where the Secretary of State, in co- ‘‘(a) IN GENERAL.—It is unlawful for any reasonably believed that the act was com- operation with the lead United States agen- person— mitted under emergency circumstances in- cy planning an Antarctic joint activity, de- ‘‘(1) to introduce any prohibited product volving the safety of human life or of ships, termines that— onto land or ice shelves or into water in Ant- aircraft, or equipment or facilities of high ‘‘(A) the major part of the joint activity is arctica; value, or the protection of the environ- being contributed by a government or gov- ‘‘(2) to dispose of any waste onto ice-free ment.’’. ernments other than the United States; land areas or into fresh water systems in SEC. 104. ENVIRONMENTAL IMPACT ASSESS- (B) one such government is coordinating Antarctica; MENT. the implementation of environmental im- ‘‘(3) to dispose of any prohibited waste in The Antarctic Conservation Act of 1978 is pact assessment procedures for that activity; Antarctica; amended by inserting after section 4 the fol- and ‘‘(4) to engage in open burning of waste; lowing new section: (C) such government has signed, ratified, or acceded to the Protocol, ‘‘(5) to transport passengers to, from, or ‘‘SEC. 4A. ENVIRONMENTAL IMPACT ASSESS- within Antarctica by any seagoing vessel not MENT. the requirements of subsection (a) of this required to comply with the Act to Prevent ‘‘(a) FEDERAL ACTIVITIES.—(1)(A) the obli- section shall not apply with respect to that Pollution from Ships (33 U.S.C. 1901 et seq.), gations of the United States under Article 8 activity. unless the person has an agreement with the of and Annex I to the Protocol shall be im- ‘‘(3) In all cases of Antarctic joint activity vessel owner or operator under which the plemented by applying the National Environ- other than those described in paragraph (2), owner or operator is required to comply with mental Policy Act of 1969 (42 U.S.C. 4321 et the requirements of subsection (a) of this Annex IV to the Protocol; seq.) to proposals for Federal agency activi- section shall apply with respect to that ac- ‘‘(6) who organizes, sponsors, operates, or ties in Antarctica, as specified in this sec- tivity, except as provided in paragraph (4). promotes a nongovernmental expedition to tion. ‘‘(4) Determinations described in paragraph Antarctica, and who does business in the ‘‘(B) The obligations contained in section (2), and agency actions and decisions in con- United States, to fail to notify all members 102(2)(C) of the National Environmental Pol- nection with assessments of impacts of Ant- of the expedition of the environmental pro- icy Act of 1969 (42 U.S.C. 4332(2)(C)) shall arctic joint activities, shall not be subject to tection obligations of this Act, and of ac- apply to all proposals for Federal agency ac- judicial review. ‘‘(c) NONGOVERNMENTAL ACTIVITIES.—(1)The tions which members must take, or not take, tivities occurring in Antarctica and affect- Administrator shall, within 2 years after the in order to comply with those obligations; ing the quality of the human environment in date of the enactment of the Antarctic ‘‘(7) to damage, remove, or destroy a his- Antarctica or dependent or associated eco- Science, Tourism, and Conservation Act of toric site or monument; systems, only as specified in this section. ‘‘(8) to refuse permission to any authorized 1996, promulgate regulations to provide for— For purposes of the application of such sec- ‘‘(A) the environmental impact assessment officer or employee of the United States to tion 102(2)(C) under this subsection, the term of nongovernmental activities, including board a vessel, vehicle, or aircraft of the ‘‘significantly affecting the quality of the tourism, for which the United States is re- United States, or subject to the jurisdiction human environment’’ shall have the same quired to give advance notice under para- of the United States, for the purpose of con- meaning as the term ‘‘more than a minor or graph 5 of Article VII of the Treaty; and ducting any search or inspection in connec- transitory impact’’. ‘‘(B) coordination of the review of informa- tion with the enforcement of this Act or any ‘‘(2)(A) Unless an agency which proposes to tion regarding environmental impact assess- regulation promulgated or permit issued conduct a Federal activity in Antarctica de- ment received from other Parties under the under this Act; termines that the activity will have less Protocol. ‘‘(9) to forcibly assault, resist, oppose, im- than a minor or transitory impact, or unless ‘‘(2) Such regulations shall be consistent pede, intimidate, or interfere with any au- a comprehensive environmental evaluation with Annex I to the Protocol. thorized officer or employee of the United is being prepared in accordance with sub- ‘‘(d) DECISION TO PROCEED.—(1) No decision States in the conduct of any search or in- paragraph (C), the agency shall prepare an shall be taken to proceed with an activity spection described in paragraph (8); initial environmental evaluation in accord- for which a comprehensive environmental ‘‘(10) to resist a lawful arrest or detention ance with Article 2 of Annex I to the Pro- evaluation is prepared under this section un- for any act prohibited by this section; tocol. less there has been an opportunity for con- ‘‘(11) to interfere with, delay, or prevent, ‘‘(B) If the agency determines, through the sideration of the draft comprehensive envi- by any means, the apprehension, arrest, or preparation of the initial environmental ronmental evaluation at an Antarctic Treaty detention of another person, knowing that evaluation, that the proposed Federal activ- Consultative Meeting, except that no deci- such other person has committed any act ity is likely to have no more than a minor or sion to proceed with a proposed activity prohibited by this section; transitory impact, the activity may proceed shall be delayed through the operation of ‘‘(12) to violate any regulation issued under if appropriate procedures are put in place to this paragraph for more than 15 months from this Act, or any term or condition of any assess and verify the impact of the activity. the date of circulation of the draft com- permit issued to that person under this Act; ‘‘(C) If the agency determines, through the prehensive environmental evaluation pursu- or preparation of the initial environmental ant to Article 3(3) of Annex I to the Protocol. ‘‘(13) to attempt to commit or cause to be evaluation or otherwise, that a proposed ‘‘(2) The Secretary of State shall circulate committed any act prohibited by this sec- Federal activity is likely to have more than the final comprehensive environmental eval- tion. a minor or transitory impact, the agency uation, in accordance with Article 3(6) of ‘‘(b) ACTS PROHIBITED UNLESS AUTHORIZED shall prepare and circulate a comprehensive Annex I to the Protocol, at least 60 days be- BY PERMIT.—It is unlawful for any person, environmental evaluation in accordance fore the commencement of the activity in unless authorized by a permit issued under with Article 3 of Annex I to the Protocol, Antarctica. this Act— and shall make such comprehensive environ- ‘‘(e) CASES OF EMERGENCY.—The require- ‘‘(1) to dispose of any waste in Antarctica mental evaluation publicly available for ments of this section, and of regulations pro- (except as otherwise authorized by the Act comment. mulgated under this section, shall not apply to Prevent Pollution from Ships) including— ‘‘(3) Any agency decision under this section in cases of emergency relating to the safety ‘‘(A) disposing of any waste from land into on whether a proposed Federal activity, to of human life or of ships, aircraft, or equip- the sea in Antarctica; and which paragraph (2)(C) applies, should pro- ment and facilities of high value, or the pro- ‘‘(B) incinerating any waste on land or ice ceed, and, if so, whether in its original or in tection of the environment, which require an shelves in Antarctica, or on board vessels at a modified form, shall be based on the com- activity to be undertaken without fulfilling points of embarcation or debarcation, other prehensive environmental evaluation as well those requirements. than through the use at remote field sites of as other considerations which the agency, in ‘‘(f) EXCLUSIVE MECHANISM.—Notwith- incinerator toilets for human waste; the exercise of its discretion, considers rel- standing any other provision of law, the re- ‘‘(2) to introduce into Antarctica any mem- evant. quirements of this section shall constitute ber of a nonnative species; ‘‘(4) For the purposes of this section, the the sole and exclusive statutory obligations ‘‘(3) to enter or engage in activities within term ‘Federal activity’ includes all activities of the Federal agencies with regard to as- any Antarctic Specially Protected Area; conducted under a Federal agency research sessing the environmental impacts of pro- ‘‘(4) to engage in any taking or harmful in- program in Antarctica, whether or not con- posed Federal activities occurring in Antarc- terference in Antarctica; or ducted by a Federal agency. tica. ‘‘(5) to receive, acquire, transport, offer for ‘‘(b) FEDERAL ACTIVITIES CARRIED OUT ‘‘(g) DECISIONS ON PERMIT APPLICATIONS.— sale, sell, purchase, import, export, or have JOINTLY WITH FOREIGN GOVERNMENTS.—(1) The provisions of this section requiring envi- custody, control, or possession of, any native For the purposes of this subsection, the term ronmental impact assessments (including bird, native mammal, or native plant which ‘Antarctic joint activity’ means any Federal initial environmental evaluations and com- the person knows, or in the exercise of due activity in Antarctica which is proposed to prehensive environmental evaluations) shall care should have known, was taken in viola- be conducted, or which is conducted, jointly not apply to Federal actions with respect to tion of this Act. or in cooperation with one or more foreign issuing permits under section 5. ‘‘(c) EXCEPTION FOR EMERGENCIES.—No act governments. Such term shall be defined in ‘‘(h) PUBLICATION OF NOTICES.—Whenever described in subsection (a) (1), (2), (3), (4), (5), regulations promulgated by such agencies as the Secretary of State makes a determina- (7), (12), or (13) or in subsection (b) shall be the President may designate. tion under paragraph (2) of subsection (b) of

VerDate Aug 31 2005 05:10 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26MR6.REC S26MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2866 CONGRESSIONAL RECORD — SENATE March 26, 1996 this section, or receives a draft comprehen- provisions of this Act which implement that (1) by inserting ‘‘, Annex IV to the Ant- sive environmental evaluation in accordance Annex, including section 4(a) (1), (2), (3), and arctic Protocol,’’ after ‘‘the MARPOL Pro- with Annex I, Article 3(3) to the Protocol, (4), and section 4(b)(1) of this Act. tocol’’ in the first sentence of subsection (a); the Secretary of State shall cause timely no- ‘‘(3) The Director shall issue such regula- (2) in subsection (b)(1) by inserting ‘‘, tice thereof to be published in the Federal tions as are necessary and appropriate to im- Annex IV to the Antarctic Protocol,’’ after Register.’’. plement Article 15 of the Protocol with re- ‘‘the MARPOL Protocol’’; SEC. 105. PERMITS. spect to land areas and ice shelves in Antarc- (3) in subsection (b)(2)(A) by striking Section 5 of the Antarctic Conservation tica. ‘‘within 1 year after the effective date of this Act of 1978 (16 U.S.C. 2404) is amended— ‘‘(4) The Director shall issue such addi- paragraph,’’; and (1) in subsection (a) by striking ‘‘section tional regulations as are necessary and ap- (4) in subsection (b)(2)(A)(i) by inserting 4(a)’’ and inserting in lieu thereof ‘‘section propriate to implement the Protocol and this ‘‘and of Annex IV to the Antarctic Protocol’’ 4(b)’’; Act, except as provided in subsection (b). after ‘‘the Convention’’. (2) in subsection (c)(1)(B) by striking ‘‘Spe- ‘‘(b) REGULATIONS TO BE ISSUED BY THE (d) POLLUTION RECEPTION FACILITIES.—Sec- cial’’ and inserting in lieu thereof ‘‘Species’’; SECRETARY OF THE DEPARTMENT IN WHICH THE tion 6 of the Act to Prevent Pollution from and COAST GUARD IS OPERATING.—The Secretary Ships (33 U.S.C. 1905) is amended— (3) in subsection (e)— of the Department in which the Coast Guard (1) in subsection (b) by inserting ‘‘or the (A) by striking ‘‘or native plants to which is operating shall issue such regulations as Antarctic Protocol’’ after ‘‘the MARPOL the permit applies,’’ in paragraph (1)(A)(i) are necessary and appropriate, in addition to Protocol’’; (2) in subsection (e)(1) by inserting ‘‘or the and inserting in lieu thereof ‘‘native plants, regulations issued under the Act to Prevent Antarctic Protocol’’ after ‘‘the Convention’’; or native invertebrates to which the permit Pollution from Ships (33 U.S.C. 1901 et seq.), (3) in subsection (e)(1)(A) by inserting ‘‘or applies, and’’; to implement Annex IV to the Protocol and Article 9 of Annex IV to the Antarctic Pro- (B) by striking paragraph (1)(A) (ii) and the provisions of this Act which implement tocol’’ after ‘‘the Convention’’; and (iii) and inserting in lieu thereof the fol- that Annex, and, with the concurrence of the (4) in subsection (f) by inserting ‘‘or the lowing new clause: Director, such regulations as are necessary Antarctic Protocol’’ after ‘‘the MARPOL ‘‘(ii) the manner in which the taking or and appropriate to implement Article 15 of Protocol’’. harmful interference shall be conducted the Protocol with respect to vessels. (e) VIOLATIONS.—Section 8 of the Act to ‘‘(c) TIME PERIOD FOR REGULATIONS.—The (which manner shall be determined by the Prevent Pollution from Ships (33 U.S.C. 1907) Director to be humane) and the area in regulations to be issued under subsection (a)(1) and (2) of this section shall be issued is amended— which it will be conducted;’’; (1) in the first sentence of subsection (a) by within 2 years after the date of the enact- (C) by striking ‘‘within Antarctica (other inserting ‘‘Annex IV to the Antarctic Pro- ment of the Antarctic Science, Tourism, and than within any specially protected area)’’ in tocol,’’ after ‘‘MARPOL Protocol,’’; Conservation Act of 1996. The regulations to paragraph (2)(A) and inserting in lieu thereof (2) in the second sentence of subsection be issued under subsection (a)(3) of this sec- ‘‘or harmful interference within Antarctica’’; (a)— (D) by striking ‘‘specially protected spe- tion shall be issued within 3 years after the (A) by inserting ‘‘or to the Antarctic Pro- cies’’ in paragraph (2) (A) and (B) and insert- date of the enactment of the Antarctic tocol’’ after ‘‘to the MARPOL Protocol’’; and ing in lieu thereof ‘‘Specially Protected Spe- Science, Tourism, and Conservation Act of (B) by inserting ‘‘and Annex IV to the Ant- cies’’; 1996.’’. arctic Protocol’’ after ‘‘of the MARPOL Pro- (E) by striking ‘‘; and’’ at the end of para- SEC. 107. SAVING PROVISIONS. tocol’’; graph (2)(A)(i)(II) and inserting in lieu there- Section 14 of the Antarctic Conservation (3) in subsection (b) by inserting ‘‘or the of ‘‘, or’’; Act of 1978 is amended to read as follows: Antarctic Protocol’’ after ‘‘MARPOL Pro- (F) by adding after paragraph (2)(A)(i)(II) ‘‘SEC. 14. SAVING PROVISIONS. tocol’’ both places it appears; the following new subclause: ‘‘(a) REGULATIONS.—All regulations pro- (4) in subsection (c)(1) by inserting ‘‘, of ‘‘(III) for unavoidable consequences of sci- mulgated under this Act prior to the date of Article 3 or Article 4 of Annex IV to the Ant- entific activities or the construction and op- the enactment of the Antarctic Science, arctic Protocol.’’ after ‘‘to the Convention’’; eration of scientific support facilities; and’’; Tourism, and Conservation Act of 1996 shall (5) in subsection (c)(2) by inserting ‘‘or the (G) by striking ‘‘with Antarctica and’’ in remain in effect until superseding regula- Antarctic Protocol’’ after ‘‘which the paragraph (2)(A)(ii)(II) and inserting in lieu tions are promulgated under section 6. MARPOL Protocol’’; thereof ‘‘within Antarctica are’’; and ‘‘(b) PERMITS.—All permits issued under (6) in subsection (c)(2)(A) by inserting ‘‘, (H) by striking subparagraphs (C) and (D) this Act shall remain in effect until they ex- Annex IV to the Antarctic Protocol,’’ after of paragraph (2) and inserting in lieu thereof pire in accordance with the terms of those ‘‘MARPOL Protocol’’; the following new subparagraph: permits.’’. (7) in subsection (c)(2)(B)— ‘‘(C) A permit authorizing the entry into (A) by inserting ‘‘or the Antarctic Pro- TITLE II—CONFORMING AMENDMENTS TO an Antarctic Specially Protected Area shall tocol’’ after ‘‘to the MARPOL Protocol’’; and be issued only— OTHER LAWS (B) by inserting ‘‘or Annex IV to the Ant- ‘‘(i) if the entry is consistent with an ap- SEC. 201. AMENDMENTS TO ACT TO PREVENT arctic Protocol’’ after ‘‘of the MARPOL Pro- proved management plan, or POLLUTION FROM SHIPS. tocol’’; ‘‘(ii) if a management plan relating to the (a) DEFINITIONS.—Section 2 of the Act to (8) in subsection (d)(1) by inserting ‘‘, Arti- area has not been approved but— Prevent Pollution from Ships (33 U.S.C. 1901) cle 5 of Annex IV to the Antarctic Protocol,’’ ‘‘(I) there is a compelling purpose for such is amended— after ‘‘Convention’’; entry which cannot be served elsewhere, and (1) by redesignating paragraphs (1) through (9) in subsection (e)(1)— ‘‘(II) the actions allowed under the permit (9) of subsection (a) as paragraphs (3) (A) by inserting ‘‘or the Antarctic Pro- will not jeopardize the natural ecological through (11), respectively; tocol’’ after ‘‘MARPOL Protocol’’; and system existing in such area.’’. (2) by inserting before paragraph (3), as so (B) by striking ‘‘that Protocol’’ and insert- SEC. 106. REGULATIONS. redesignated by paragraph (1) of this sub- ing in lieu thereof ‘‘those Protocols’’; and section, the following new paragraphs: Section 6 of the Antarctic Conservation (10) in subsection (e)(2) by inserting ‘‘, of ‘‘(1) ‘Antarctica’ means the area south of Act of 1978 (16 U.S.C. 2405) is amended to read Annex IV to the Antarctic Protocol,’’ after 60 degrees south latitude; as follows: ‘‘MARPOL Protocol’’. ‘‘(2) ‘Antarctic Protocol’ means the Pro- (f)PENALTIES.—Section 9 of the Act to Pre- ‘‘SEC. 6. REGULATIONS. tocol on Environmental Protection to the vent Pollution from Ships (33 U.S.C. 1908) is ‘‘(a) REGULATIONS TO BE ISSUED BY THE DI- Antarctic Treaty, signed October 4, 1991, in amended— RECTOR.—(1) The Director shall issue such Madrid, and all annexes thereto, and in- (1) in subsection (a) by inserting ‘‘, Annex regulations as are necessary and appropriate cludes any future amendments thereto which IV to the Antarctic Protocol,’’ after to implement Annex II and Annex V to the have entered into force;’’; and ‘‘MARPOL Protocol,’’; Protocol and the provisions of this Act (3) by adding at the end the following new (2) in subsection (b)(1) by inserting ‘‘, which implement those annexes, including subsection: Annex IV to the Antarctic Protocol,’’ after 4(b)(2), (3), (4), and (5) of this Act. The Direc- ‘‘(c) For the purposes of this Act, the re- ‘‘MARPOL Protocol,’’; tor shall designate as native species— quirements of Annex IV to the Antarctic (3) in subsection (b)(2) by inserting ‘‘, ‘‘(A) each species of the class Aves; Protocol shall apply in Antarctica to all ves- Annex IV to the Antarctic Protocol,’’ after ‘‘(B) each species of the class Mammalia; sels over which the United States has juris- ‘‘MARPOL Protocol,’’; and diction.’’. (4) in subsection (d) by inserting ‘‘, Annex ‘‘(C) each species of plant, (b) APPLICATION OF ACT.—Section 3(b)(1)(B) IV to the Antarctic Protocol,’’ after which is indigenous to Antarctica or which of the Act to Prevent Pollution from Ships ‘‘MARPOL Protocol,’’; occurs there seasonally through natural mi- (33 U.S.C. 1902(b)(1)(B)) is amended by insert- (5) in subsection (e) by inserting ‘‘, Annex grations. ing ‘‘or the Antarctic Protocol’’ after IV to the Antarctic Protocol,’’ after ‘‘(2) The Director, with the concurrence of ‘‘MARPOL Protocol’’. ‘‘MARPOL Protocol’’; and the Administrator, shall issue such regula- (c) ADMINISTRATION.—Section 4 of the Act (6) in subsection (f) by inserting ‘‘or the tions as are necessary and appropriate to im- to Prevent Pollution from Ships (33 U.S.C. Antarctic Protocol’’ after ‘‘MARPOL Pro- plement Annex III to the Protocol and the 1903) is amended— tocol’’ both places it appears.

VerDate Aug 31 2005 05:10 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26MR6.REC S26MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 26, 1996 CONGRESSIONAL RECORD — SENATE S2867 SEC. 202. PROHIBITION OF CERTAIN ANTARCTIC This is essential if Antarctica is to re- of S. 1568, a bill to amend the Internal RESOURCE ACTIVITIES. main a natural reserve that is of great Revenue Code of 1986 to provide for the (a) AGREEMENT OR LEGISLATION RE- QUIRED.—Section 4 of the Antarctic Protec- scientific value for generations to extension of certain expiring provi- tion Act of 1990 (16 U.S.C. 2463) is amended by come. While much has been done in re- sions. striking ‘‘Pending a new agreement among cent years to improve the environ- S. 1610 the Antarctic Treaty Consultative Parties in mental soundness of U.S. operations At the request of Mr. SPECTER, his force for the United States, to which the there, the Antarctic Science, Tourism, name was added as a cosponsor of S. Senate has given advice and consent or and Conservation Act of 1996 will help 1610, a bill to amend the Internal Rev- which is authorized by further legislation by to ensure that present and future U.S. enue Code of 1986 to clarify the stand- the Congress, which provides an indefinite activities comply with the highest en- ban on Antarctic mineral resource activities, ards used for determining whether indi- it’’ and inserting in lieu thereof ‘‘It’’. vironmental standards. Implementa- viduals are not employees. (b) REPEALS.—Sections 5 and 7 of such Act tion of the protocol is long overdue, S. 1612 (16 U.S.C. 2464 and 2466) are repealed. and I am hopeful that we can enact At the request of Mr. HELMS, the (c) REDESIGNATION.—Section 6 of such Act this bill very soon.∑ (16 U.S.C. 2465) is redesignated as section 5. ∑ name of the Senator from Wyoming f ∑ Mr. HOLLINGS. Mr. President, today [Mr. SIMPSON] was added as a cosponsor of S. 1612, a bill to provide for increased I join with Senator KERRY in intro- ADDITIONAL COSPONSORS mandatory minimum sentences for ducing the Antarctic Science, Tourism, S. 186 and Conservation Act of 1996, which criminals possessing firearms, and for At the request of Mr. AKAKA, the other purposes. will implement the Protocol on Envi- name of the Senator from Hawaii [Mr. ronmental Protection to the Antarctic S. 1618 INOUYE] was added as a cosponsor of S. Treaty. The protocol was signed by the At the request of Mr. HATCH, the 186, a bill to amend the Energy Policy name of the Senator from Indiana [Mr. United States 5 years ago and approved and Conservation Act with respect to by the Senate in the 102d Congress; yet COATS] was added as a cosponsor of S. purchases from the Strategic Petro- 1618, a bill to provide uniform stand- implementing legislation remains to be leum Reserve by entities in the insular completed. In the 103d Congress, the ards for the award of punitive damages areas of the United States, and for for volunteer services. Senate Commerce Committee reported other purposes. implementing legislation, but dif- S. 1641 S. 358 ferences among key agencies and inter- At the request of Mr. GRAMS, the ests prevented further action. Now that At the request of Mr. HEFLIN, the name of the Senator from Wisconsin name of the Senator from South Caro- those differences have been reconciled, [Mr. FEINGOLD] was added as a cospon- it is timely to complete the implemen- lina [Mr. HOLLINGS] was added as a co- sor of S. 1641, a bill to repeal the con- tation effort. sponsor of S. 358, a bill to amend the sent of Congress to the Northeast I had the opportunity to visit Antarc- Internal Revenue Code of 1986 to pro- Interstate Dairy Compact, and for tica in 1988, and can attest both to its vide for an excise tax exemption for other purposes. certain emergency medical transpor- pristine beauty and to the unique sci- SENATE CONCURRENT RESOLUTION 42 entific activities being conducted tation by air ambulance. At the request of Mrs. KASSEBAUM, S. 413 there. As many of my colleagues know, the name of the Senator from Florida the activities of U.S. citizens and inter- At the request of Mr. DASCHLE, the [Mr. GRAHAM] was added as a cosponsor ests in Antarctica are almost exclu- name of the Senator from Maryland of Senate Concurrent Resolution 42, a sively those of federally sponsored sci- [Mr. SARBANES] was added as a cospon- concurrent resolution concerning the entific expeditions, together with their sor of S. 413, a bill to amend the Fair emancipation of the Iranian Baha’i Federal logistics support. These activi- Labor Standards Act of 1938 to increase community. ties are concentrated at the edge of the the minimum wage rate under such SENATE RESOLUTION 85 ice shelf and are based at the three Act, and for other purposes. At the request of Mr. CHAFEE, the U.S. research stations: McMurdo, S. 1386 name of the Senator from Utah [Mr. South Pole, and Palmer. The peak of At the request of Mr. BURNS, the HATCH] was added as a cosponsor of activity occurs at the height of the name of the Senator from Missouri Antarctic summer, when there are Senate Resolution 85, a resolution to [Mr. BOND] was added as a cosponsor of express the sense of the Senate that ob- about 1,200 personnel at McMurdo, 140 S. 1386, a bill to provide for soft-metric at South Pole, and 40 at Palmer. Occa- stetrician-gynecologists should be in- conversion, and for other purposes. cluded in Federal laws relating to the sional U.S. tourists visit as well, under S. 1448 the overall responsibility of the Na- provision of health care. At the request of Mr. KERRY, the f tional Science Foundation [NSF]. NSF name of the Senator from Illinois [Mr. and the National Oceanic and Atmos- SIMON] was added as a cosponsor of S. AMENDMENTS SUBMITTED pheric Administration [NOAA] are the 1448, a bill to establish the National main scientific agencies, and the logis- Commission on Gay and Lesbian Youth THE PRESIDIO PROPERTIES tics and icebreaking support is pro- Suicide Prevention, and for other pur- ADMINISTRATION ACT OF 1996 vided by the Navy and Coast Guard. poses. The Antarctic provides scientists with a truly unique laboratory to con- S. 1491 duct research that cannot be carried At the request of Mr. GRAMS, the GORTON (AND MURRAY) out anywhere else. During my visit I names of the Senator from Missouri AMENDMENT NO. 3565 was impressed by a number of dedi- [Mr. ASHCROFT], the Senator from (Ordered to lie on the table.) cated scientists operating under dif- Oklahoma [Mr. NICKLES], the Senator Mr. GORTON (for himself and Mrs. from South Carolina [Mr. THURMOND], ficult circumstances to help us to un- MURRAY) submitted an amendment in- derstand better our global environ- the Senator from California [Mrs. FEIN- tended to be proposed by them to ment. I witnessed NOAA’s ozone hole STEIN], the Senator from South Caro- amendment No. 3564 proposed by Mr. lina [Mr. HOLLINGS], the Senator from research at the South Pole, the sam- MURKOWSKI to the bill (H.R. 1296) to pling of ice cores at the Newell Glacier North Dakota [Mr. DORGAN], and the provide for the administration of cer- along the coast, and marine biology in- Senator from Alabama [Mr. SHELBY] tain Presidio properties at minimal vestigations at McMurdo. Much of this were added as cosponsors of S. 1491, a cost to the Federal taxpayer; as fol- research has implications for the long bill to reform antimicrobial pesticide lows: term survival of human beings. registration, and for other purposes. SEC. 01. VANCOUVER NATIONAL HISTORIC RE- S. 1568 We must recognize, however, that SERVE. such scientific endeavors need to be At the request of Mr. HATCH, the (a) ESTABLISHMENT.—There is established carried out with great care in an envi- name of the Senator from California the Vancouver National Historic Reserve in ronment as fragile as Antarctica’s. [Mrs. BOXER] was added as a cosponsor the State of Washington (referred to in this

VerDate Aug 31 2005 05:10 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26MR6.REC S26MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2868 CONGRESSIONAL RECORD — SENATE March 26, 1996 section as the ‘‘Reserve’’, consisting of the and general law cities within Alaska (as such (3) such other information as the Secretary area described in the report entitled ‘‘Van- cities are defined by the State).’’. may require. couver National Historic Reserve Feasibility (b) CONVEYANCE BY THE SECRETARY.—Not Study and Environmental Assessment’’ pub- BRYAN AMENDMENT NO. 3567 later than 180 days after receipt of the notifi- lished by the Vancouver Historical Study cation described in subsection (a), notwith- Commission and dated April 1993 as author- (Ordered to lie on the table.) standing any other law, the Secretary shall ized by Public Law 101–523 (referred to in this Mr. BRYAN submitted an amend- convey the affected lands to the city of Las section as the Vancouver Historic Reserve ment intended to be proposed by him Vegas, Clark County, Nevada, on the condi- Report’’). to amendment No. 3564 proposed by Mr. tion that the city convey the affected lands (b) ADMINISTRATION.—The Reserve shall be MURKOWSKI to the bill H.R. 1296, supra; to the claimants in accordance with the re- administered in accordance with; as follows: survey and plats described in section 2(1). (1) the Vancouver Historic Reserve Report At the end of the amendment, add the fol- (including the specific findings and rec- WARNER (AND ROBB) ommendations contained in the report); and lowing: (2) the Memorandum of Agreement be- TITLE —RELIEF OF PERSONS IN CLARK AMENDMENTS NOS. 3568–3569 tween the Secretary of Interior, acting COUNTY, NEVADA (Ordered to lie on the table.) through the Director of the National Park SEC. 1. FINDINGS. Mr. WARNER (for himself and Mr. Service, and the City of Vancouver, Wash- Congress finds that— ROBB) submitted two amendments to ington, dated November 14, 1994. (1) certain landowners in the north Deca- be proposed by them to the amendment (c) NO LIMITATION ON FAA AUTHORITY.— tur Boulevard area of Las Vegas and North The establishment of the Reserve shall not No. 3564 proposed by Mr. MURKOWSKI to Las Vegas, Clark County, Nevada, who own the bill H.R. 1296, supra; as follows: limit; property adjacent to property of the Bureau (1) the authority of the Federal Aviation of Land Management have been adversely af- AMENDMENT NO. 3568 Administration over air traffic control, or fected by certain erroneous private surveys; On page 196, beginning on line 2 strike all aviation activities at Pearson Airpark; or (2) the landowners have occupied or im- through page 198, line 3 and insert the fol- (2) limit operations and airspace in the vi- proved their property in good faith and in re- lowing: cinity of Portland International Airport. liance on erroneous surveys of the property SEC. 2301. COLONIAL NATIONAL HISTORICAL (d) AUTHORIZATION OF APPROPRIATIONS.— that the landowners believed were accurate; PARK. There are authorized to be appropriated such (3) the landowners presumed that their oc- (a) IN GENERAL.—The Secretary of the In- sums as are necessary to carry out this sec- cupancy was codified through a judgment terior (hereinafter in the Title referred to as tion. and decree of the Eighth Judicial District the ‘‘Secretary’’) is authorized to transfer, Court of Nevada that was filed on October 26, without reimbursement (except as provided STEVENS AMENDMENT NO. 3566 1989, as a friendly lawsuit affecting numer- in subsection (c), to York County, Virginia, (Ordered to lie on the table.) ous landowners in the north Decatur Boule- any portion of the existing sewage disposal vard area; and Mr. STEVENS submitted an amend- system, including related improvements and (4) the dependent resurvey and section sub- structures, that is owned by the United ment intended to be proposed by him division of sections 6, 7, 18, and 19, Township States and located within the Colonial Na- to amendment No. 3564 proposed by Mr. 19 South, Range 61 East, Mount Diablo Me- tional Historical Park, together with such MURKOWSKI to the bill H.R. 1296, supra; ridian, Nevada, performed in 1990 by the Bu- rights-of-way as the Secretary determines to as follows: reau of Land Management correctly estab- be necessary to maintain and operate such On page , line , of the amendment, insert lished accurate boundaries between the pub- system. the following new section: lic lands and the private lands. (b) REPAIR AND REHABILITATION OF SYS- SEC. 2. DEFINITIONS. SEC. . PAYMENT IN LIEU OF TAXES. TEM.—The Secretary is authorized to enter (a) Section 6901(2) of title 31, United States In this title: into a cooperative agreement with York (1) AFFECTED LANDS.—The term ‘‘affected Code, is amended to read as follows: County, Virginia, under which the Secretary ‘‘(2) ‘unit of general local government’ lands’’ means— will pay a portion, not to exceed $110,000, of (A) the Federal lands located in the Las means— the costs of repair and rehabilitation of the Vegas District of the Bureau of Land Man- ‘‘(A) a county (or parish), township, bor- sewage disposal system referred to in sub- agement, Clark County, Nevada, in sections ough, or city (where the city is independent section (a). 18 and 19, Township 19 South, Range 61 East, of any other unit of general local govern- (c) EFFECT OF AGREEMENT ON CHARGES, IM- Mount Diablo Meridian, as described in the ment), that— PACT, AND ALTERATIONS.—In consideration ‘‘(i) is within the class or classes of such dependent resurvey by the Bureau of Land for the rights-of-way granted under sub- political subdivisions in a State that the Management accepted on May 4, 1990, under section (a), in recognition of the contribu- Secretary of the Interior determines to be Group No. 683, Nevada; and tion authorized under subsection (b), and as (B) the Federal lands comprising the subse- the principal provider or providers of govern- a condition of the transfer authorized by quent supplemental plats of sections 18 and mental services within the State; and subsection (a), the cooperative agreement ‘‘(ii) is a unit of general government, as de- 19, Township 19 South, Range 61 East, Mount under subsection (b) shall provide for a re- termined by the Secretary of the Interior on Diablo Meridian, as contained on plats ac- duction in, or the elimination of, the the basis of the same principles as were used cepted on November 17, 1992; amounts charged to the National Park Serv- by the Secretary of Commerce on January 1, which lands are described as government lots ice for its sewage disposal with respect to 1983, for general statistical purposes. The 22, 23, 26, and 27 in section 18 and government the Colonial National Historical Park, shall term ‘governmental services’ includes, but is lots 20, 21, and 24 in section 19, containing provide for minimizing the impact of the not limited to, those services that relate to approximately 29.36 acres. park’s sewage disposal system on the park public safety, the environment, housing, so- (2) CLAIMANT.—The term ‘‘claimant’’ and its resources, and shall provide that such cial services, transportation, and govern- means an owner of real property in the city system may not be enlarged or substantially mental administration; of Las Vegas, Clark County, Nevada, located altered without the concurrence of the Na- ‘‘(B) the State of Alaska, for any land adjacent to the affected lands, who claims to tional Park Service. within that State which is not within the have been deprived by the United States of SEC. 2302. INCLUSION OF LAND IN COLONIAL NA- boundaries of a governmental entity under title to a portion of the affected lands as a TIONAL HISTORICAL PARK. subparagraph (A); result of an erroneous private survey per- Notwithstanding the provisions of the Act ‘‘(C) the District of Columbia; formed prior to the date of enactment of this of June 28, 1938 (52 Stat. 1208; 16 U.S.C. 81b, et ‘‘(D) the Commonwealth of Puerto Rico; Act. seq.), limiting the average width of the Colo- ‘‘(E) Guam; and (3) SECRETARY.—The term ‘‘Secretary’’ nial Parkway, the Secretary of the Interior ‘‘(F) the Virgin Islands.’’. means the Secretary of the Interior. (hereinafter in this title referred to as the (b) Section 6902(a) of title 31, United States SEC. 3. CONVEYANCE OF LANDS. ‘‘Secretary’’) is authorized to include within Code, is amended to read as follows: (a) PROVISION OF INFORMATION TO SEC- the Colonial National Historical Park, and ‘‘(a) The Secretary of the Interior shall RETARY.—Not later than 1 year after the date to acquire by purchase with donated or ap- make a payment for each fiscal year to each of enactment of this Act, the city of Las propriated funds, donation or exchange, unit of general local government in which Vegas shall notify the Secretary, through lands and interests in lands (with or without entitlement land is located, as set forth in the State Director of the Nevada Bureau of improvements) within the areas depicted on this chapter. Except for the State of Alaska Land Management, in writing of the claim of the map dated August 1993, numbered 333/ for entitlement land described in section each claimant to the affected lands. The 80031A, and entitled ‘‘Page Landing Addition 6901(2)(B), a unit of general local government claim shall be accompanied by— to Colonial National Historical Park’’. Such may use the payment for any governmental (1) a description of the affected lands map shall be on file and available for inspec- purpose. The State of Alaska shall distribute claimed; tion in the offices of the National Park Serv- any payment received for entitlement land (2) information relating to the claim of ice at Colonial National Historical Park and described in section 6901(2)(B) to home rule ownership of the affected lands; and in Washington, District of Columbia.

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AMENDMENT NO. 3569 nation, purchase with donated funds, or ex- Shenandoah Valley possess national signifi- At the appropriate place in the amend- change, but no land or interest in land may cance and retain a high degree of historical ment, insert the following: be acquired under this section without the integrity; TITLE ll—NATIONAL PARK SYSTEM IN consent of the owner.’’ (5) the preservation of Civil War sites with- THE COMMONWEALTH OF VIRGINIA SEC. ll03. ADMINISTRATION. in a regional framework requires coopera- Section 3 of the Act of March 2, 1936 (49 tion among local property owners and Fed- Subtitle A—Richmond National Battlefield Stat. 1156, chapter 113; 16 U.S.C. 423l), is eral, State, and local government entities; Park amended by striking the period and inserting and SEC. ll01. MODIFICATION OF BOUNDARY. ‘‘, and the Act of August 21, 1935 (49 Stat. 666; (6) partnerships between Federal, State, The first section of the Act of March 2, 1936 16 U.S.C. 461 et seq.).’’. and local governments, the regional entities (49 Stat. 1155, chapter 113; 16 U.S.C. 423j), is Subtitle B—Shenandoah National Park of such governments, and the private sector amended to read as follows: offer the most effective opportunities for the SEC. ll11. MODIFICATION OF BOUNDARY. ‘‘SECTION 1. ESTABLISHMENT OF PARK. enhancement and management of the Civil (a) IN GENERAL.—The boundary of Shen- ‘‘(a) IN GENERAL.—In order to preserve the War battlefields and related sites in the site of the 1862 Peninsula Campaign and the andoah National Park is modified to include only those lands and interests in land that, Shenandoah Valley. 1864–65 battle of Richmond, in the vicinity of SEC. ll23. PURPOSE. Richmond, Virginia, as a national battlefield on the day before the date of the enactment of this Act, were in Federal ownership and The purposes of this subtitle are— park for the benefit and inspiration of the (1) to preserve, conserve, and interpret the people of the United States, there is estab- were administered by the Secretary of the Interior (hereinafter in this title referred to legacy of the Civil War in the Shenandoah lished, subject to existing rights, the Rich- Valley; mond National Battlefield Park (referred to as the ‘‘Secretary’’) as part of the park. So much of the Act of May 22, 1926 (Chapter 363; (2) to recognize and interpret important in this Act as the ‘Park’). events and geographic locations representing ‘‘(b) BOUNDARIES.—The Park shall consist 44 Stat. 616) as is inconsistent herewith is key Civil War battles in the Shenandoah of— hereby repealed. Valley, including those battlefields associ- ‘‘(1) lands, waters, and interests therein (b) BOUNDARY ADJUSTMENTS AND LAND AC- ated with the Thomas J. ‘‘Stonewall’’ Jack- within the area generally depicted on the QUISITION.— son campaign of 1862 and the decisive cam- map entitled ‘Richmond National Battlefield (1) MINOR BOUNDARY ADJUSTMENTS.—The paigns of 1864; Park, Land Status Map’, numbered 367/92,000, Secretary may make minor adjustments to (3) to recognize and interpret the effect of and dated September 1993; and the boundary of Shenandoah National Park, the Civil War on the civilian population of ‘‘(2) on donation of title acceptable to the as modified by this subtitle to allow to ac- the Shenandoah Valley during the war and Secretary of the Interior (and acceptance by cept a donation of adjacent land. postwar reconstruction period; and the Secretary), the following tracts: a tract (2) LIMITATIONS ON LAND ACQUISITION.— (4) to create partnerships among Federal, of 750 acres at Malvern Hill, a tract of 15 (A) IN GENERAL.—Except as otherwise pro- State, and local governments, the regional acres at Beaver Dam Creek, a tract of 100 vided in this subsection, the Secretary may entities of such governments, and the pri- acres at Cold Harbor, and a tract of 42 acres acquire lands and interests therein under vate sector to preserve, conserve, enhance, at Bethesda Church. this subsection only by donation or ex- and interpret the nationally significant bat- ‘‘(c) MAPS.— change. tlefields and related sites associated with the ‘‘(1) NEW MAP.—The Secretary of the Inte- (B) ADDITIONAL RESTRICTIONS.—When act- rior (referred to in this Act as the ‘‘Sec- ing under this subsection— Civil War in the Shenandoah Valley. retary’’) shall complete a boundary map (in- (i) the Secretary may add to the Shen- SEC. ll24. DEFINITIONS. cluding tracts referred to in subsection andoah National Park only lands and inter- In this subtitle: (b)(2)) for the Park. ests therein that are contiguous with Fed- (1) BATTLEFIELD.—The term ‘‘battlefield’’ ‘‘(2) PUBLIC AVAILABILITY.—The map re- eral lands administered by the Secretary as means 1 of 15 battlefields in the Shenandoah quired by this subsection and the map de- part of the park; Valley, as identified in the report. (2) BATTLEFIELDS PARK.—The term ‘‘battle- scribed in subsection (b)(1) shall be on file (ii) prior to accepting title to any lands or fields park’’ means the Shenandoah Valley and available for public inspection in the of- interests therein, the Secretary shall hold a National Battlefields Park established under fice of the National Park Service, Depart- public meeting in the county in which such section lll 25. ment of the Interior. lands and interests are located; (3) COMMISSION.—The term ‘‘Commission’’ ‘‘(d) NEW MARKET HEIGHTS BATTLEFIELD.— (iii) the Secretary shall not alter the pri- means the Shenandoah Valley Battlefields ‘‘(1) DECLARATION.—Congress recognizes mary means of access of any private land- Commission established by section lll29. the national significance of the Battle of owner to the lands owned by such landowner; (4) HISTORIC CORE.—The term ‘‘historic New Market Heights and declares it to be in and core’’ means the area that is so defined in the public interest to ensure the preserva- (iv) the Secretary shall not cause any prop- tion of the New Market Heights Battlefield the report, encompasses important compo- erty owned by a private individual, or any nents of a battle, and provides a strategic so that an important aspect of American his- group of adjacent properties owned by pri- tory can be interpreted to the public. context and geographic setting for under- vate individuals, to be surrounded on all standing the battle. ‘‘(2) DEVELOPMENT OF ALTERNATIVES.—The sides by land administered by the Secretary Secretary shall work cooperatively with the (5) PLAN.—The term ‘‘plan’’ means the as part of the park. Shenandoah Valley Battlefields plan ap- Commonwealth of Virginia, the county of (c) MITIGATION OF IMPACTS AT ACCESS proved by the Secretary under section ll26. Henrico, Virginia, and owners of property POINTS.—The Secretary shall take all rea- (6) REPORT.—The term ‘‘report’’ means the that is within, and property that is affected sonable actions to mitigate the impacts as- report prepared by the Secretary pursuant to by, the battlefield area to develop alter- sociated with visitor use at trailheads and the Civil War Sites Study Act of 1990 (Public natives to ensure implementation of the other visitor access points around the perim- Law 101–628; 16 U.S.C. 1a–5 note). goals of paragraph (1). eter of Shenandoah National Park. The Sec- (7) SECRETARY.—The term ‘‘Secretary’’ ‘‘(3) REPORT.—Not later than June 1, 1996, retary shall enlist the cooperation of the means the Secretary of the Interior. the Secretary shall submit to the Committee State and local jurisdictions, as appropriate, (8) SHENANDOAH VALLEY.—The term ‘‘Shen- on Resources of the House of Representatives in carrying out this subsection. and the Committee on Energy and Natural andoah Valley’’ means the Shenandoah Val- Subtitle C—Shenandoah Valley Battlefields Resources of the Senate report outlining the ley in the Commonwealth of Virginia. alternatives developed under paragraph (2). SEC. ll21. SHORT TITLE. SEC. ll25. SHENANDOAH VALLEY NATIONAL ‘‘(e) REVISED BOUNDARY.—Not later than 1 This subtitle may be cited as the ‘‘Shen- BATTLEFIELDS. year after the date of enactment of this sub- andoah Valley Battlefields Partnership Act (a) ESTABLISHMENT.— section, the Secretary shall complete and of 1996’’. (1) IN GENERAL.—To carry out the purposes submit to Congress a general management SEC. ll22. FINDINGS. of this title, there is established in the Com- plan that— Congress finds that— monwealth of Virginia the Shenandoah Val- ‘‘(1) identifies lands that would be appro- (1) there are situated in the Shenandoah ley National Battlefields Park, consisting of priate for inclusion in the Park and lands Valley in the Commonwealth of Virginia the the land and interests in land generally de- that would make essential improvements to sites of several key Civil War battles; picted on the map entitled ‘‘Shenandoah Val- the management of the Park; and (2) certain sites, battlefields, structures, ley National Battlefields’’, numbered SHVA/ ‘‘(2) includes recommendations for a re- and districts in the Shenandoah Valley are 80,000, and dated April 1994, comprising units vised boundary for the Park.’’ collectively of national significance in the at Cedar Creek, Cross Keys, Fisher’s Hill, SEC. ll02. REPEAL OF PROVISION REGARDING history of the Civil War; McDowell, New Market, Opequan, Port Re- PROPERTY ACQUISITION. (3) in 1990, the Congress enacted legislation public, Second Kernstown, Second Win- Section 2 of the Act of March 2, 1936 (49 directing the Secretary of the Interior to chester, and Tom’s Brook. Stat. 1156, chapter 113; 16 U.S.C. 423k), is prepare a comprehensive study of significant (2) AVAILABILITY OF MAP.—The map de- amended to read as follows: sites and structures associated with Civil scribed in paragraph (1) shall be on file and ‘‘SEC. 2. LAND ACQUISITION. War battles in the Shenandoah Valley; available for public inspection in the offices ‘‘The Secretary may acquire for inclusion (4) the study, which was completed in 1992, of the Commission and in the appropriate of- in the Park land and interests in land by do- found that many of the sites within the fices of the National Park Service.

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(3) MINOR REVISIONS.—The Secretary may, thereof) regarding the management, protec- gardless of whether or not the historic core with the advice of the Commission and fol- tion, and interpretation of the natural, cul- area of the battlefield is included in the bat- lowing an opportunity for public comment, tural, and historical resources of the battle- tlefields park. make minor revisions to the boundaries of fields; SEC. ll28. GRANT AND TECHNICAL ASSISTANCE the battlefields. (5) the information described in section PROGRAM. (b) ADMINISTRATION.— 12(b) of Public Law 91–383 (16 U.S.C. 1a–7(b)) (a) TECHNICAL ASSISTANCE TO PROPERTY (1) IN GENERAL.—The Secretary shall ad- (pertaining to the preparation of general OWNERS.—The Secretary may provide tech- minister the battlefields in accordance with management plans); nical assistance to owners of property lo- this title and with the law generally applica- (6) identification of appropriate partner- cated within the battlefields to provide for ble to the National Park System, including ships between the Secretary, Federal, State, the preservation and interpretation of the the Act of August 25, 1916 (39 Stat. 535; 16 and local governments and regional entities, natural, cultural, and historical resources U.S.C. 1, 2, 3, 4) and the Act of August 21, 1935 and the private sector, in furtherance of the within the battlefields. (49 Stat. 666; 16 U.S.C. 461–467). purposes of this title; (b) TECHNICAL ASSISTANCE TO GOVERN- (2) PURPOSE.—The Secretary shall protect, (7) proposed locations for visitor contact MENTAL ENTITIES.— manage, and administer the battlefields for and major interpretive facilities; (1) IN GENERAL.—The Secretary, after con- sultation with the Commission, may award the purposes of preserving and interpreting (8) provisions for implementing a con- grants and provide technical assistance to their national, cultural, and historic re- tinuing program of interpretation and vis- governmental entities to assist with the sources and of providing for public under- itor education concerning the resources and planning, development, and implementation standing and appreciation of the battlefields values of the battlefields and historic core of comprehensive plans, land use guidelines, in such a manner as to perpetuate those areas; regulations, ordinances, and other appro- qualities and values for future generations. (9) provisions for a uniform valley-wide priate documents that are consistent with (c) LAND ACQUISITION.— historical marker and wayside exhibit pro- and are designed to protect the historic char- (1) IN GENERAL.—Except as provided in gram, including a provision for marking, acter of the battlefields and historic core paragraphs (2) and (3), the Secretary may ac- with the consent of the owner, historic areas. quire, with the consent of the owner, land or structures and properties that are contained (2) REGULAR REVIEW.— an interest in land within the boundaries of within and contribute to the understanding the battlefields by donation, purchase with (A) IN GENERAL.—The Commission shall of the battlefields; and conduct a regular review of plans, guidelines, donated or appropriated funds, or exchange. (10) recommendations for means of ensur- (2) PUBLIC LAND.—Land or an interest in regulations, ordinances, and documents with ing continued local involvement and partici- respect to which the Secretary has awarded land located within the boundaries of the pation in the management, protection, and battlefields or a historic core area that is a grant under this subsection. development of the battlefields. (B) RECOMMENDATION.—If the Commission owned by the Commonwealth of Virginia or (c) PREPARATION OF DRAFT PLAN.— a political subdivision of the Commonwealth finds that a plan, guideline, regulation, ordi- (1) IN GENERAL.—Not later than 3 years nance, or document, or the implementation may be acquired by the Secretary under this after the date on which the Commission con- title only by donation or exchange. of a plan, guideline, regulation, ordinance, or ducts its first meeting, the Commission shall document is no longer consistent with the (3) NO CONDEMNATION.—The Secretary may submit to the Secretary a draft plan that not accept under this title a donation of land protection of the historic character of the meets the requirements of subsection (b). battlefields and historic core areas, the Com- or an interest in land that was acquired (2) ADDITIONAL REQUIREMENTS.—Prior to through condemnation. mission may recommend, after consultation submitting the draft plan to the Secretary, with the affected governmental entity, that (d) LIVING HISTORY DEMONSTRATIONS AND the Commission shall ensure that— BATTLEFIELD ENACTMENTS.— the Secretary suspend any grant awarded (A) the Commonwealth of Virginia, and under this subsection with respect to the (1) DEMONSTRATIONS AND ENACTMENTS RE- any political subdivision thereof that would QUIRED TO BE PERMITTED.—The Secretary plan, guideline, regulation, ordinance, or be affected by the plan, receives a copy of document. shall permit to be conducted, at any location the draft plan; in the battlefields, any living history dem- (3) SUSPENSION OF GRANT.—The Secretary, (B) adequate notice of the availability of after consultation with the Commission, onstration or battlefield reenactment that is the draft plan is provided through publica- the same as or substantially similar to a shall suspend a grant under this subsection if tion in appropriate local newspapers in the the Secretary determines that the plan, demonstration or reenactment that occurred area of the battlefields; and at that location at any time during the 12- guideline, regulation, ordinance, or docu- (C) at least one public hearing in the vicin- ment with respect to which the grant is month period ending on the date of the en- ity of the battlefields in the upper Shen- awarded has been modified in a manner that actment of this Act. andoah Valley and one public hearing in the is inconsistent with the protection of the (2) OTHER DEMONSTRATIONS AND REENACT- vicinity of the battlefields in the lower historic character of the battlefields and his- MENTS.—The Secretary may allow, at any lo- Shenandoah Valley is conducted by the Com- toric core areas. cation in the battlefields, any living history mission with respect to the draft plan. (c) ASSISTANCE NOT DEPENDENT ON INCLU- demonstration or battlefield reenactment (d) REVIEW OF PLAN BY THE SECRETARY.— SION IN PARK.—The Secretary may provide not described in paragraph (1) that the Sec- The Secretary shall review the draft plan assistance under this section with respect to retary determines to be appropriate. submitted under subsection (c) and, not later a battlefield or historic core area regardless SEC. ll26. SHENANDOAH VALLEY BATTLE- than 90 days after the date on which the of whether or not the battlefield or historic FIELDS PLAN. draft plan is submitted, shall either— core area is included in the Park. (a) IN GENERAL.—The battlefields park (1) approve the draft plan as the plan; or SEC. ll29. SHENANDOAH VALLEY BATTLE- shall be managed by the Secretary pursuant (2) reject the draft plan and recommend to FIELDS COMMISSION. to this title and the Shenandoah Valley Bat- (a) ESTABLISHMENT.—There is established tlefields plan developed by the Commission the Commission modifications that would make the draft plan acceptable. the Shenandoah Valley Battlefields Commis- and approved by the Secretary, as provided sion. SEC. ll27. COOPERATIVE AGREEMENTS. in this section. (b) MEMBERSHIP.—The Commission shall be (b) SPECIFIC PROVISIONS.—The plan shall (a) IN GENERAL.—In furtherance of the pur- composed of 19 members, to be appointed by include— poses of this title, the Secretary may estab- the Secretary as follows: (1) provisions for the management, protec- lish partnerships and enter into cooperative (1) 5 members representing local govern- tion, and interpretation of the natural, cul- agreements concerning lands, and interests ments of communities in the vicinity of the tural, and historical resources of the battle- therein, within the battlefields with other battlefields, appointed after the Secretary fields, consistent with the purposes of this Federal, State, or local agencies and private considers recommendations made by appro- title; persons or organizations. priate local governing bodies. (2) identification of the historic cores that (b) HISTORIC MONUMENTS.—The Secretary (2) 10 members representing property own- are appropriate for administration by the may enter into an agreement with the owner ers within the battlefields (1 member within Secretary; of property that is located in the battlefields each unit of the battlefields). (3) a determination of the level of protec- and on which an historic monument or tab- (3) 1 member with demonstrated expertise tion that is adequate to ensure the long-term let commemorating a relevant battle has in historic preservation. preservation of each of the historic cores been erected prior to the date of the enact- (4) 1 member who is a recognized historian that is identified under paragraph (2) and ment of this Act. The Secretary may make with expertise in Civil War history. measures recommended to accomplish such funds available for the maintenance, protec- (5) 1 member from a list of recommenda- protection, which may include (but need not tion, and interpretation of the monument or tions made by the Governor of Virginia. be limited to) conservation easements, local tablet, as the case may be, pursuant to the (6) 1 member representing the interests of zoning, transfer of development rights, or agreement. the National Park Service. ownership by an entity dedicated to preser- (c) AGREEMENTS AND PARTNERSHIPS NOT (c) APPOINTMENTS.—Members shall be ap- vation of the historic resources of the battle- DEPENDENT ON INCLUSION IN BATTLEFIELDS pointed for the life of the Commission. fields; PARK.—The Secretary may establish a part- (d) ELECTION OF OFFICERS.—The Commis- (4) recommendations to the Common- nership or enter into an agreement under sion shall elect one of its members as Chair- wealth of Virginia (and political subdivisions this section with respect to a battlefield re- person and one as Vice Chairperson. The

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terms of office of the Chairperson and Vice tection, and interpretation of the natural, tion 23, also part of the SE1⁄4 of Section 22, Chairperson shall be 2 years. The Vice Chair- cultural, and historical resources within the all in T29N, R14W, Glen Arbor Township, person shall serve as Chairperson in the ab- historic core areas. Leelanau County, Michigan, more fully de- sence of the Chairperson. SEC. ll31. AUTHORIZATION OF APPROPRIA- scribed as: (e) VACANCY.—Any vacancy on the Com- TIONS. ‘‘Beginning at the Southeast corner of said ° ′ ′′ mission shall be filled in the same manner in (a) AUTHORIZATION.—There are authorized Section 22; thence N88 55 30 W 1320.48 feet which the original appointment was made, to be appropriated not more than $5,000,000 along the South line of said Section 22 to 1 except that the Secretary shall fill any va- for development of the battlefields park, not East ⁄8 line of said Section 22; thence along cancy within 30 days after the vacancy oc- more than $2,000,000 for land acquisition pur- William B. Batzer Jr., R.L.S., Surveys 8325 curs. suant to this title, not more than $5,000,000 and 83025-B by the following (7) courses; thence NOO°40′45′′E 33.00 feet along said East (f) QUORUM.—A majority of the Commis- to carry out the purposes of sections ll27 1⁄8 line, N80°34′20′′E 115.50 feet; N70°51′20′′E sion shall constitute a quorum. and ll28, and not more than $250,000 for any 172.09 feet; N61°51′20′′E 181.87 feet; N41°25′20′′E (g) MEETINGS.—The Commission shall meet fiscal year for the operation of the Commis- 230.80 feet; N63°02′45′′E 514.60 feet; N28°57′25′′W at the call of the Chairperson or a majority sion. 600.62 feet to the South bank of the North of the members of the Commission, but not (b) AVAILABILITY OF FUNDS.—Funds made part of the Crystal River; thence along said less than quarterly. Notice of Commission available under subsection (a) shall remain river bank by the following (6) courses; meetings and agendas for the meetings shall available until expended. N42°18′19′′E 102.13 feet (recorded as be published in local newspapers that have a Subtitle D—Cumberland Gap National N40°03′30′′E 102.07 feet; N58°07′35′′E 219.82 feet; distribution throughout the Shenandoah Historical Park N42°09′40′′E 215.48 feet; N54°20′35′′E 121.36 feet; Valley. Commission meetings shall be held N46°10′10′′E 107.67 feet; N34°05′25′′E 46.08 feet at various locations throughout the Shen- SEC. ll41. ADDITION OF LANDS. (a) AUTHORITY.—Notwithstanding the Act to the East line of said Section 22; thence andoah Valley and in a manner that ensures leaving said South bank S01°19′55′′W 347.84 adequate public participation. of June 11, 1940 (16 U.S.C. 261 et seq.), the Secretary of the Interior is authorized to ac- feet along said East line to the South bank (h) STAFF OF THE COMMISSION.—The Com- of the South part of said Crystal River; mission shall have the power to appoint and quire by donation, purchase with donated or appropriated funds, or exchange not to ex- thence along said river bank by the following fix the compensation of such staff as may be ° ′ ′′ ° ′ ′′ ceed 10 acres of land or interests in land, (4) courses; N48 48 30 E 168.46 feet, N40 56 15 E necessary to carry out its duties. ° ′ ′′ ° ′ ′′ which shall consist of those necessary lands 168.77 feet; N55 24 10 E 99.10 feet; N43 30 00 E (i) ADMINISTRATIVE SUPPORT SERVICES.— for the establishment of trailheads to be lo- 154.21 feet; thence leaving said South river The Administrator of the General Services ° ′ ′′ cated at White Rocks and Chadwell Gap. bank S56 45 50 E 350.00 feet; thence Administration shall provide to the Commis- N41°49′50′′E 400 feet; thence S56°44′25′′E 412.99 (b) ADMINISTRATION.—Lands and interests sion, on a reimbursable basis, such adminis- 1 in lands acquired pursuant to subsection (a) feet to the West ⁄8 line of said Section 23; trative support services as the Commission thence leaving said William B. Batzer, Jr. shall be added to and administered as part of may request. Survey Northerly along said West 1⁄8 line to Cumberland Gap National Historical Park. (j) FEDERAL AGENCIES.—Upon request of the East-West 1⁄4 line of said Section 23; the Commission, the head of any Federal thence Westerly along said East-West 1⁄4 line agency may detail to the Commission, on a ABRAHAM AMENDMENT NO. 3570 and County Road No. 675 to a point where reimbursable basis, personnel of the agency (Ordered to lie on the table.) the most Easterly channel of the Crystal to assist the Commission in carrying out its Mr. ABRAHAM submitted an amend- River passes under County Road No. 675; duties. thence along a Nicholas M. O’non R.L.S. Sur- (k) SUBPOENAS.—The Commission may not ment intended to be proposed by him vey of December 5, 1986, Job No. 8668–23 GA issue subpoenas or exercise any subpoena au- to the amendment No. 3564 proposed by 2914 by the following (3) courses along the thority. Mr. MURKOWSKI to the bill H.R. 1296, center thread of said river N41°13′48′′E 273.78 (l) EXPENSES.—Members of the Commission supra; as follows: feet; N17°09′18′′E 405.85 feet; thence leaving shall serve without compensation, but the said center thread N89°43′02′′W 253.56 feet to a SEC. . SLEEPING BEAR DUNES NATIONAL LAKE- point on the old centerline of State Highway Secretary may reimburse members for ex- SHORE. penses reasonably incurred in carrying out M–22; thence Northerly along the centerline (a) Section 2(a) of the Act entitled ‘‘An Act of State Highway M–22, by the following (5) the responsibilities of the Commission under to establish in the State of Michigan the this title. courses; thence N35°02′58′′E, along said old Sleeping Bear Dunes National Lakeshore, centerline, a distance of 12.66 feet to the ex- (m) MAILS.—The Commission may use the and for other purposes,’’ (16 U.S.C. 460X–x14) United States mails in the same manner and isting centerline of State Highway M–22 and is amended: a point on a 516.00 foot radius curve to the under the same conditions as other depart- By deleting the period following the words ments and agencies of the United States. right; thence Northeasterly along said cen- ‘‘Department of the Interior’’; and, terline and curve, an arc distance of 109.88 (n) GIFTS.—The Commission may, for pur- By adding the following at the end thereof: poses of carrying out the duties of the Com- feet (chord bearing and distance of ‘‘except that— ° ′ ″ mission, seek, accept, and dispose of gifts, N53 19 13 E, 109.67 feet) to the point of tan- ‘‘(1) certain land shall be taken out of the ° ′ ″ bequests, or donations of money, personal gency of said curve; thence N59 25 16 E, along land area now comprising the Sleeping Bear said centerline, a distance of 156.38 feet to property, or services, received from any Dunes National Lakeshore which land is a source. the point of curvature of a 400.00 foot radius parcel of land in part of Government Lots 2 curve to the left; thence Northeasterly along (o) TERMINATION.—The Commission shall and 3, the East 1⁄2 of the Southeast 1⁄4 of Sec- said centerline and curve, an arc distance of terminate upon the expiration of the 45-day tion 11, also part of East 1⁄2 of Section 14, 219.55 feet (Delta of N31°26′55″, long chord period beginning on the date on which the T29N, R14W, Glen Arbor Township, Leelanau bearing and distance of N43°41′48″E, 216.81 Secretary approves the plan under section County, Michigan, more fully described as feet) to the point of tangency; thence ll26(d). follows: N27°58′11″E, (Also recorded as N27°19′23″E) SEC. ll30. DUTIES OF THE COMMISSION. ‘‘The North 982 feet of the Northeast 1⁄4 of along said centerline, a distance of 528.10 feet (a) IN GENERAL.—The Commission shall— the Southeast 1⁄4 of said section 14, and the to an extension of the South line of Cham- (1) develop the plan and draft plan referred East 1⁄2 of the Northwest 1⁄4 of the Northeast berlain’s unrecorded plat of Glen Arbor to in section ll26, in consultation with the 1⁄4 of said section 14, (being part of Govern- Beach Subdivision; and the South boundary Secretary; ment lot 1), and that part of the East 1⁄2 of line of South Beach Condominium recorded (2) advise the Secretary with respect to the the Northeast 1⁄4 of said section 14, lying in Liber 243, Pages 63–74, thence Easterly ap- battlefields; West of the centerline for Thoreson Road. proximately 38.39 feet along said South (3) assist the Commonwealth of Virginia, Also the South 1759 feet of that part of Gov- boundary line extended to the Easterly and any political subdivision thereof, in the ernment lots 2 and 3, and the East 1⁄2 of the right-of-way line of State Highway M–22 and management, protection, and interpretation Southeast 1⁄4 of said Section 11, all being part the Southwest corner of a survey by Gosling of the natural, cultural, and historical re- of T29N, R14W, Glen Arbor Township Czubak Associates, Inc., Job No. 87025.12; sources within the battlefields, except that Leelanau County, Michigan. thence N27°19′23″E 633.21 feet along said the Commission shall in no way infringe ‘‘Subject to all applicable building, use re- right-of-way; thence along said right-of-way upon the authorities and policies of the Com- strictions and easements, if any, affecting 79.72 feet on the arc of a curve to the right monwealth of Virginia or any political sub- the premises. (Rad=110.24 feet, 1=N41°26′00″, division thereof; and ‘‘Also subject to final survey of the above Chord=N48°02′23″E 77.99 feet); thence (4) take appropriate action to encourage in accordance with Michigan Act 132, P.A. of N68°45′23″E 106.17 feet along said right-of- protection of the natural, cultural, and his- 1970, as amended. way; thence S00°42′53″E 174.11 feet; thence toric resources within the battlefields by ‘‘Further subject to rights of the public N89°17′07″E 217.57; thence S41°18′01″E 122.39 landowners, local governments, organiza- over and across Thoreson Road. feet, thence S01°31′50E 370.00 feet; thence tions, and businesses. ‘‘(2) certain land shall be added to the land N88°28′10″E (previously recorded as (b) ASSISTANCE TO NONPROFIT ORGANIZA- area now comprising the Sleeping Bear N88°34′00″E 220.3 feet more or less to a point TIONS.—The Commission may assist any non- Dunes National Lakeshore which land is a on the North-South 1⁄4 line of Section 23; profit organization in the management, pro- parcel of land in part of the West 1⁄2 of Sec- thence Southerly along said North-South 1⁄4

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line to the South 1⁄8 line of said Section 23; sec. 77–5–301 et seq.), and all other applicable acquisition of an interest in the Lost Creek thence Westerly along said South 1⁄8 line to laws of the State of Montana. Tract or due to cricumstances or events oc- the West 1⁄8 line of said Section 23; thence (II) RELATION TO PLANNED SALES.—Timber curring before acquisition, including any re- Southerly along said West 1⁄8 line to the harvest volumes on land conveyed under lease or threat of release of a hazardous sub- Point of Beginning. clause (i) shall be in addition to, and not stance. ‘‘Subject to the correlative rights of the treated in any way as an offset against, the owners along the Crystal River. present or future planned timber sale quan- BURNS AMENDMENT NO. 3572 ‘‘Together with riparian rights between tities for the National Forest where the har- the shore courses and the center thread of vesting occurs. Mr. DOLE (for Mr. BURNS) proposed Crystal River. (III) TIMBER DESIGNATIONS.— an amendment to amendment No. 3571 ‘‘Subject to all applicable building, use re- (aa) CONTRACT.—To ensure the expeditious proposed by Mr. BURNS to amendment strictions and easements, if any, affecting and efficient designation of timber on land No. 3564 proposed by Mr. MURKOWSKI to the premises. conveyed under clause (i), the Forest Service the bill H.R. 1296, supra; as follows: ‘‘Also subject to final survey of the above shall contract with a qualified private person In lieu of the matter proposed to be added, in accordance with Michigan Act 132, P.A. of agreed on by the Secretary and R–Y to per- insert the following: 1970, as amended.’’ form the field work associated with the des- Section 8(a) of the Act is amended to read ignations. TITLE —MISCELLANEOUS as follows: (bb) MINIMUM ANNUAL DESIGNATIONS.—Not SEC. 01. LOST CREEK LAND EXCHANGE. (1) By deleting the period following the less than 20 percent nor more than 30 percent (a) LAND EXCHANGE.— word ‘‘Act’’ at the end of the first sentence; of the timber on land conveyed under clause (1) IN GENERAL.—Notwithstanding any and, (i) shall be made available by the end of each other provision of law, the Secretary of Agri- (2) By adding the following at the end fiscal year over a 5-year period beginning culture (referred to in this Act as the ‘‘Sec- thereof: ‘‘except that the land to be taken with the first fiscal year that begins after retary’’) shall acquire by exchange certain out of and added to the land area now com- the date of enactment of this Act, and R–Y land and interests in land owned by R–Y prising the lakeshore shall, within 120 days shall be allowed at least 5 years after the end Timber, Inc., its successors and assigns or af- after the date hereof, be conveyed by an ex- of each fiscal year in which to complete the filiates (referred to in this Act as ‘‘R–Y’’), lo- change of deeds. The Secretary is instructed harvest of timber designated in that fiscal cated in the Lost Creek area and other areas to and shall have the authority to effect this year. of the Deerlodge National Forest, Montana. exchange but shall not have the authority to (3) TITLE.— (2) OFFER AND ACCEPTANCE OF LAND.— otherwise dispose of the land to be taken out (A) REVIEW OF TITLE.—Not later than 30 (A) NON-FEDERAL LAND.—If R–Y offers fee of or to acquire the land to be added to the days after receipt of title documents from R– title that is acceptable to the United States lakeshore pursuant to the amendments here- Y, the Secretary shall review the title for to approximately 17,567 acres of land owned inabove.’’ the non-Federal land described in paragraph by R–Y and available for exchange, the Sec- Section 8(e) of the Act is amended to read (2) and determine whether— retary shall accept a warranty deed to the as follows: (i) the applicable title standards for Fed- land. (1) By deleting the period following the eral land acquisition have been satisfied or (B) FEDERAL LAND.— word ‘‘encumbrances’’ at the end of the sec- the quality of title is otherwise acceptable to (i) CONVEYANCE.—On acceptance of title to tion; and the Secretary; R–Y’s land under paragraph (1), the Sec- (2) By adding the following at the end (ii) all draft conveyance and closing docu- retary shall convey to R–Y, subject to res- thereof: ‘‘except condemnation may not be ments have been received and approved; and ervations and valid existing rights, by pat- used to acquire the land to be added, pursu- (iii) a current title commitment verifying ent, fee title to lands and timber deeds of a ant to the amendment hereinabove, to the compliance with applicable title standards value that is approximately equal to the land area now comprising the lakeshore.’’ has been issued to the Secretary. value of the land described in subsection (a). (B) UNACCEPTABLE QUALITY OF TITLE.—If (ii) TIMBER HARVEST PROVISIONS.— the quality of title does not meet Federal (I) PRACTICES.—Timber harvest practices BURNS AMENDMENT NO. 3571 standards and is not otherwise acceptable to used on the national forest land conveyed the Secretary, the Secertary shall advise R– under clause (i) shall be conducted in accord- Mr. DOLE (for Mr. BURNS) proposed ance with Montana Forestry Best Manage- an amendment to amendment No. 3564 Y regarding corrective actions necessary to make an affirmative determination. ment Practices, the Montana Streamside proposed by Mr. MURKOWSKI to the bill (C) CONVEYANCE OF TITLE.—The Secretary Zone Management Law (Mont. Code Ann. H.R. 1296, supra; as follows: shall effect the conveyance of land described sec. 77–5–301 et seq.), and all other applicable At the end of the amendemnt, add the fol- in paragraph (2) not later than 60 days after laws of the State of Montana. lowing: the Secretary has made an affirmative deter- (II) RELATION TO PLANNED SALES.—Timber TITLE —MISCELLANEOUS mination of quality of title. harvest volumes on land conveyed under (b) GENERAL PROVISIONS.— clause (i) shall be in addition to, and not SEC. 01. LOST CREEK LAND EXCHANGE. (1) MAPS AND DOCUMENTS.— treated in any way as an offset against, the (a) LAND EXCHANGE.— (A) IN GENERAL.—Maps pertaining to the present or future planned timber sale quan- (1) IN GENERAL.—Notwithstanding any land described in subsection (a) are subject tities for the National Forest where the har- other provision of law, the Secretary of Agri- to such minor corrections as may be agreed vesting occurs. culture (referred to in this Act as the ‘‘Sec- upon by the Secretary and R–Y. (III) TIMBER DESIGNATIONS.— retary’’) shall acquire by exchange certain (B) NOTIFICATION.—The Secretary shall no- (aa) CONTRACT.—To ensure the expeditious land and interests in lands owned by R–Y tify the Committee on Energy and Natural and efficient designation of timber on land Timber, Inc., its successors and assigns or af- Resources of the Senate and the Committee conveyed under clause (i), the Forest Service filiates (referred to in this Act as ‘‘R–Y’’), lo- on Resources of the House of Representatives shall contract with a qualified private person cated in the Lost Creek area and other areas of any corrections made pursuant to this agreed on by the Secretary and R–Y to per- of the Deerlodge National Forest, Montana. subsection. form the field work associated with the des- (2) OFFER AND ACCEPTANCE OF LAND.— (C) PUBLIC AVAILABILITY.—The maps and ignations. (A) NON-FEDERAL LAND.—If R–Y offers fee documents described in subsection (a)(2) (A) (bb) MINIMUM ANNUAL DESIGNATIONS.—Not title that is acceptable to the United States and (B) shall be on file and available for pub- less than 20 percent nor more than 30 percent to approximately 17,567 acres of land owned lic inspection in the office of the Chief of the of the timber on land conveyed under clause by R–Y and available for exchange, the Sec- Forest Service. (i) shall be made available by the end of each retary shall accept a warranty deed to the (2) NATIONAL FOREST SYSTEM LAND.—All fiscal year over a 5-year period beginning land. land conveyed to the United States under with the first fiscal year that begins after (B) FEDERAL LAND.— this section shall be added to and adminis- the date of enactment of this Act, and R–Y (i) CONVEYANCE.—On acceptance of title to tered as part of the Deerlodge National For- shall be allowed at least 5 years after the end R–Y’s land under paragraph (1), the Sec- est in accordance with the laws pertaining to of each fiscal year in which to complete the retary shall convey to R–Y, subject to res- the National Forest System. harvest of timber designated in that fiscal ervations and valid existing rights, by pat- (3) VALUATION.—The values of the lands year. ent, fee title to lands and timber deeds of a and interests in land to be exchanged under (3) TITLE.— value that is approximately equal to the this section are deemed to be of equal value. (A) REVIEW OF TITLE.—Not later than 30 value of the land described in subsection (a). (4) HAZARDOUS MATERIAL LIABILITY.—The days after receipt of title documents from R– (ii) TIMBER HARVEST PROVISIONS.— United States (including its departments, Y, the Secretary shall review the title for (I) PRACTICES.—Timber harvest practices agencies, and employees) shall not be liable the non-Federal land described in paragraph used on the national forest land conveyed under the Comprehensive Environmental Re- (2) and determine whether— under clause (i) shall be conducted in accord- sponse, Compensation, and Liability Act (42 (i) the applicable title standards for Fed- ance with Montana Forestry Best Manage- U.S.C. 9601 et seq.), the Clean Water Act (33 eral land acquisition have been satisfied or ment Practices, the Montana Streamside U.S.C. 1251 et seq.), or any other Federal, the quality of title is otherwise acceptable to Zone Management Law (Mont. Code Ann. State, or local law, solely as a result of the the Secretary;

VerDate Aug 31 2005 05:10 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26MR6.REC S26MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 26, 1996 CONGRESSIONAL RECORD — SENATE S2873 (ii) all draft conveyances and closing docu- (2) limit operations and airspace in the vi- provide opportunities for public use and en- ments have been received and approved; and cinity of Portland International Airport. joyment; and (iii) a current title commitment verifying (d) AUTHORIZATION OF APPROPRIATIONS.— (4) the National Park System presently compliance with applicable title standards There are authorized to be appropriated such contains no sites commemorating whaling has been issued to the Secretary. sums as are necessary to carry out this sec- and its contribution to American history. (B) UNACCEPTABLE QUALITY OF TITLE.—If tion. (b) PURPOSES.—The purposes of this Act the quality of title does not meet Federal are— standards and is not otherwise acceptable to (1) to help preserve, protect, and interpret the Secretary, the Secretary shall advise R– KENNEDY (AND OTHERS) the resources within the areas described in Y regarding corrective actions necessary to AMENDMENT NO. 3573 section 3(b) of this Act, including architec- ture, setting, and associated archival and make an affirmative determination. Mr. KENNEDY (Mr. KERRY, Mr. (c) CONVEYANCE OF TITLE.—The Secretary museum collections; WELLSTONE, Mr. DODD, Mr. SIMON, Ms. shall effect the conveyance of land described (2) to collaborate with the city of New Bed- in paragraph (2) not later than 60 days after MIKULSKI, Mr. LEVIN, Mr. HARKIN, Mrs. ford and with local historical, cultural, and the Secretary has made an affirmative deter- BOXER, Mrs. MURRAY, Mr. PELL, Mr. preservation organizations to further the mination of quality of title. LEAHY, Mr. LAUTENBERG, Mr. SAR- purposes of the park established under this (b) GENERAL PROVISIONS.— BANES, Mr. BRADLEY, and Mr. DASCHLE) Act; and (1) MAPS AND DOCUMENTS.— proposed an amendment to the bill (3) to provide opportunities for the inspira- (A) IN GENERAL.—Maps pertaining to the H.R. 1296, supra; as follows: tional benefit and education of the American land described in subsection (a) are subject people. to such minor corrections as may be agreed At the appropriate place in the bill, insert SEC. 2. DEFINITIONS. upon by the Secretary and R–Y. the following: For the purposes of this Act: (B) NOTIFICATION.—The Secretary shall no- SEC. . INCREASE IN THE MINIMUM WAGE RATE. (1) The term ‘‘park’’ means the New Bed- tify the Committee on Energy and Natural Section 6(a)(1) of the Fair Labor Standards ford Whaling National Historical Park estab- Resources of the Senate and the Committee Act of 1938 (29 U.S.C. 206(a)(1)) is amended to lished by section 3. on Resources of the House of Representatives read as follows: (2) The term ‘‘Secretary’’ means the Sec- of any corrections made pursuant to this ‘‘(1) except as otherwise provided in this retary of the Interior. subsection. section, not less than $4.25 an hour during SEC. 3. NEW BEDFORD WHALING NATIONAL HIS- (C) PUBLIC AVAILABILITY—The maps and the period ending July 3, 1996, not less than TORICAL PARK. documents described in subsection (a)(2) (A) $4.70 an hour during the year beginning July (a) ESTABLISHMENT.—In order to preserve and (B) shall be on file and available for pub- 4, 1996, and not less than $5.15 an hour after for the benefit and inspiration of the people lic inspection in the office of the Chief of the July 3, 1997;’’. of the United States as a national historical Forest Service. park certain districts structures, and relics (2) NATIONAL FOREST SYSTEM LAND.—All located in New Bedford, Massachusetts, and land conveyed to the United States under KERRY AMENDMENT NO. 3574 associated with the history of whaling and this section shall be added to and adminis- Mr. KERRY proposed an amendment related social and economic themes in Amer- tered as part of the Deerlodge National For- to amendment No. 3573 proposed by Mr. ica, there is established the New Bedford Whaling National Historical Park. est in accordance with the laws pertaining to KENNEDY to the bill H.R. 1296, supra; as (b) BOUNDARIES.—(1) The boundaries of the the National Forest System. follows: (3) VALUATION.—The values of the lands park shall be those generally depicted on the and interests in land to be exchanged under In lieu of the matter proposed to be in- map numbered NAR–P49–80000–4 and dated this section are deemed to be of approxi- serted, insert the following: June 1994. Such map shall be on file and mately equal value. SEC. . INCREASE IN THE MINIMUM WAGE RATE. available for public inspection in the appro- (4) HAZARDOUS MATERIAL LIABILITY.—The Section 6(a)(1) of the Fair Labor Standards priate offices of the National Park Service. United States (including its departments, Act of 1938 (29 U.S.C. 206(a)(1)) is amended to In case of any conflict between the descrip- agencies, and employees) shall not be liable read as follows: tions set forth in subparagraphs (A) through under the Comprehensive Environmental Re- ‘‘(1) except as otherwise provided in this (D) and such map, such map shall govern. sponse, Compensation, and Liability Act (42 section, not less than $4.25 an hour during The park shall include the following: U.S.C. 9601 et seq.), the Clean Water Act (33 the period ending July 3, 1996, not less than (A) The area included within the New Bed- U.S.C. 1251 et seq.), or any other Federal, $4.70 an hour during the year beginning July ford National Historic Landmark District, State, or local law, solely as a result of the 5, 1996, and not less than $5.15 an hour after known as the Bedford Landing Waterfront acquisition of an interest in the Lost Creek July 4, 1997;’’. Historic District, as listed within the Na- Tract or due to circumstances or events oc- tional Register of Historic Places and in the curring before acquisition, including any re- Massachusetts State Register of Historic lease or threat of release of a hazardous sub- KENNEDY AMENDMENTS NOS. 3575– Places. stance. 3576 (B) The National Historic Landmark Schooner Ernestina, with its home port in TITLE —VANCOUVER NATIONAL (Ordered to lie on the table.) New Bedford. HISTORIC RESERVE Mr. KENNEDY submitted two (C) The land along the eastern boundary of SEC. 01. VANCOUVER NATIONAL HISTORIC RE- amendments intended to be proposed the New Bedford National Historic Land- SERVE. by him to amendment No. 3564 pro- mark District over to the east side of Mac- (A) ESTABLISHMENT.—There is established posed by Mr. MURKOWSKI to the bill Arthur Drive from the Route 6 overpass on the Vancouver National Historic Reserve in H.R. 1296, supra; as follows: the north to an extension of School Street the State of Washington (referred to in this on the south. section as the ‘‘Reserve’’, consisting of the AMENDMENT NO. 3575 (D) The land north of Elm Street in New area described in the report entitled ‘‘Van- At the end of the amendment proposed by Bedford, bounded by Acushnet Avenue on the couver National Historic Reserve Feasibility Mr. Murkowski, add the following title: west, Route 6 (ramps) on the north, Mac- Study and Environmental Assessment’’ pub- TITLE— Arthur Drive on the east, and Elm Street on lished by the Vancouver Historical Study SECTION 1. FINDINGS AND PURPOSES. the south. Commission and dated April 1993 as author- (2) In addition to the sites, areas and relics ized by Public Law 101–523 (referred to in this (a) FINDINGS.—The Congress finds that— referred to in paragraph (1), the Secretary section as the Vancouver Historic Reserve (1) the New Bedford National Historic may assist in the interpretation and preser- Report’’). Landmark District and associated historic vation of each of the following: (b) ADMINISTRATION.—The Reserve shall be sites as described in section 3(b) of this Act, (A) The southwest corner of the State Pier. administered in accordance with; including the Schooner Ernestina, are Na- (B) Waterfront Park, immediately south of (1) the Vancouver Historic Reserve Report tional Historic Landmarks and are listed on land adjacent to the State Pier. (including the specific findings and rec- the National Register of Historic Places as (C) The Rotch-Jones-Duff House and Gar- ommendations contained in the report); and historic sites associated with the history of den Museum, located at 396 County Street. (2) the Memorandum of Agreement be- whaling in the United States; (D) The Wharfinger Building, located on tween the Secretary of Interior, acting (2) the city of New Bedford was the 19th Piers 3 and 4. through the Director of the National Park century capital of the world’s whaling indus- (E) The Bourne Counting House, located on Service, and the City of Vancouver, Wash- try and retains significant architectural fea- Merrill’s Wharf. ington, dated November 14, 1994. tures, archival materials, and museum col- SEC. 4. ADMINISTRATION OF PARK. (c) NO LIMITATION ON FAA AUTHORITY.— lections illustrative of this period; (a) IN GENERAL.—The park shall be admin- The establishment of the Reserve shall not (3) New Bedford’s historic resources pro- istered by the Secretary in accordance with limit; vide unique opportunities for illustrating this Act and the provisions of law generally (1) the authority of the Federal Aviation and interpreting the whaling industry’s con- applicable to units of the national park sys- Administration over air traffic control, or tribution to the economic, social, and envi- tem, including the Act entitle ‘‘An Act to es- aviation activities at Pearson Airpark; or ronmental history of the United States and tablish a National Park Service, and for

VerDate Aug 31 2005 05:10 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26MR6.REC S26MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2874 CONGRESSIONAL RECORD — SENATE March 26, 1996 other purposes’’, approved August 25, 1916 (39 educational programs for the Schooner (C) The land along the eastern boundary of Stat. 535; 16 U.S.C. 1, 2, 3, and 4) and the Act Ernestina pursuant to cooperative grants the New Bedford National Historic Land- of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461– under section 4(b). mark District over to the east side of Mac- 467). Arthur Drive from the Route 6 overpass on (b) COOPERATIVE AGREEMENTS.—(1) The AMENDMENT NO. 3576 the north to an extension of School Street Secretary may consult and enter into coop- At the end of the amendment proposed by on the south. erative agreements with interested entities Mr. MURKOWSKI, add the following title: (D) The land north of Elm Street in New and individuals to provide for the preserva- Bedford, bounded by Acushnet Avenue on the TITLE — tion, development, interpretation, and use of west, Route 6 (ramps) on the north, Mac- the park. SECTION 1. FINDINGS AND PURPOSES. Arthur Drive on the east, and Elm Street on Any payment made by the Secretary pur- (a) FINDINGS.—The Congress finds that— the south. suant to a cooperative agreement under this (1) the New Bedford National Historic (2) In addition to the sites, areas and relics subsection shall be subject to an agreement Landmark District and associated historic referred to in paragraph (1), the Secretary that conversion, use, or disposal of the sites as described in section 3(b) of this Act, may assist in the interpretation and preser- project so assisted for purposes contrary to including the Schooner Ernestina, are Na- vation of each of the following: the purposes of this Act, as determined by tional Historic Landmarks and are listed on (A) The southwest corner of the State Pier. the Secretary, shall result in a right of the the National Register of Historic Places as (B) Waterfront park, immediately south of United States to reimbursement of all funds historic sites associated with the history of land adjacent to the State Pier. made available to such project or the propor- whaling in the United States; (C) The Roth-Jones-Duff House and Garden tion of the increased value of the project at- (2) the city of New Bedford was the 19th Museum, located at 396 County Street. tributable to such funds as determined at the century capital of the world’s whaling indus- (D) The Wharfinger Building, located on time of such conversion, use, or disposal, try and retains significant architectural fea- Piers 3 and 4. whichever is greater. tures, archival materials, and museum col- (E) The Bourne Counting House, located on (c) NON-FEDERAL MATCHING REQUIRE- lections illustrative of this period; Merrill’s Wharf. MENTS.—(1) Funds authorized to be appro- (3) New Bedford’s historic resources pro- SEC. 4. ADMINISTRATION OF PARK. vide unique opportunities for illustrating priated to the Secretary for the purposes of— (a) IN GENERAL.—The park shall be admin- (A) cooperative agreements under sub- and interpreting the whaling industry’s con- istered by the Secretary in accordance with section (b) shall be expended in the ratio of tribution to the economic, social, and envi- this Act and the provisions of law generally one dollar of Federal funds for each four dol- ronmental history of the United States and applicable to units of the national park sys- lars of funds contributed by non-Federal provide opportunities for public use and en- tem, including the Act entitled ‘‘An Act to sources; and joyment; and establish a National Park Service, and for (B) construction, restoration, and rehabili- (4) the National Park System presently other purposes’’, approved August 25, 1916 (39 tation of visitor and interpretive facilities contains no sites commemorating whaling Stat. 535; 16 U.S.C. 1, 2, 3, and 4) and the Act (other than annual operation and mainte- and its contribution to American history. of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461– nance costs) shall be expended in the ratio of (b) PURPOSES.—The purposes of this Act 467). are— one dollar of Federal funds for each one dol- (b) COOPERATIVE AGREEMENTS.—(1) The lar of funds contributed by non-Federal (1) to help preserve, protect, and interpret Secretary may consult and enter into coop- sources. the resources within the areas described in erative agreements with interested entities (2) For the purposes of this subsection, the section 3(b) of this Act, including architec- and individuals to provide for the preserva- Secretary is authorized to accept from non- ture, setting, and associated archival and tion, development, interpretation, and use of Federal sources, and to utilize for purposes museum collections; the park. of this Act, any money so contributed. With (2) to collaborate with the city of New Bed- (2) Any payment made by the Secretary the approval of the Secretary, any donation ford and with local historical, cultural, and pursuant to a cooperative agreement under of property, services, or goods from a non- preservation organizations to further the this subsection shall be subject to an agree- Federal source may be considered as a con- purposes of the park established under this ment that conversion, use, or disposal of the tribution of funds from a non-Federal source Act; and project so assisted for purposes contrary to for the purposes of this subsection. (3) to provide opportunities for the inspira- the purposes of this Act, as determined by (d) ACQUISITION OF REAL PROPERTY.—For tional benefit and education of the American the Secretary, shall result in a right of the the purposes of the park, the Secretary may people. United States to reimbursement of all funds acquire only by donation lands, interests in SEC. 2. DEFINITIONS. made available to such project or the propor- lands, and improvements thereon within the For the purposes of this Act: tion of the increased value of the project at- park. (1) The term ‘‘park’’ means the New Bed- tributable to such funds as determined at the (e) OTHER PROPERTY, FUNDS, AND SERV- ford Whaling National Historical Park estab- time of such conversion, use, or disposal, ICES.—The Secretary may accept donated lished by section 3. whichever is greater. funds, property, and services to carry out (2) The term ‘‘Secretary’’ means the Sec- (c) NON-FEDERAL MATCHING REQUIRE- this Act. retary of the Interior. MENTS.—(1) Funds authorized to be appro- SEC. 5. GENERAL MANAGEMENT PLAN. SEC. 3. NEW BEDFORD WHALING NATIONAL HIS- priated to the Secretary for the purposes of— Not later than the end of the second fiscal TORICAL PARK. (A) cooperative agreements under sub- year beginning after the date of enactment (a) ESTABLISHMENT.—In order to preserve section (b) shall be expended in the ratio of of this Act, the Secretary shall submit to the for the benefit and inspiration of the people one dollar of Federal funds for each four dol- Committee on Resources of the House of of the United States as a national historical lars of funds contributed by non-Federal Representatives and the Committee on En- park certain districts structures, and relics sources; and ergy and Natural Resources of the Senate a located in New Bedford, Massachusetts, and (B) construction, restoration, and rehabili- general management plan for the park and associated with the history of whaling and tation of visitor and interpretive facilities shall implement such plan as soon as prac- related social and economic themes in Amer- (other than annual operation and mainte- tically possible. The plan shall be prepared ica, there is established the New Bedford nance costs) shall be expended in the ratio of in accordance with section 12(b) of the Act of Whaling National Historical Park. one dollar of Federal funds for each one dol- August 18, 1970 (16 U.S.C. 1a–7(b)) and other (b) BOUNDARIES.—(1) The boundaries of the lar of funds contributed by non-Federal applicable law. park shall be those generally depicted on the sources. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. map numbered NAR–P49–80000–4 and dated (2) For the purposes of this subsection, the (a) IN GENERAL.—Except as provided in June 1994. Such map shall be on file and Secretary is authorized to accept from non- subsection (b), there are authorized to be ap- available for public inspection in the appro- Federal sources, and to utilize for purposes propriated such sums as may be necessary to priate offices of the National Park Service. of this Act, any money so contributed. With carry out annual operations and mainte- In case of any conflict between the descrip- the approval of the Secretary, any donation nance with respect to the park. tions set forth in subparagraphs (A) through of property, services, or goods from a non- (b) EXCEPTIONS.—In carrying out this Act— (D) and such map, such map shall govern. Federal source may be considered as a con- (1) not more than $2,000,000 may be appro- The park shall include the following: tribution of funds from a non-Federal source priated for construction, restoration, and re- (A) The area included within the New Bed- for the purposes of this subsection. habilitation of visitor and interpretive facili- ford National Historic Landmark District, (d) ACQUISITION OF REAL PROPERTY.—For ties, and directional and visitor orientation known as the Bedford Landing Waterfront the purposes of the park, the Secretary may signage; Historic District, as listed within the Na- acquire only by donation lands, interests in (2) none of the funds authorized to be ap- tional Register of Historic Places and in the lands, and improvements thereon within the propriated by this Act may be used for the Massachusetts State Register of Historic park. operation or maintenance of the Schooner Places. (e) OTHER PROPERTY, FUNDS, AND SERV- Ernestina; and (B) The National Historic Landmark ICES.—The Secretary may accept donated (3) not more than $50,000 annually of Fed- Schooner Ernestina, with its home port in funds, property, and services to carry out eral funds may be used for interpretive and New Bedford. this Act.

VerDate Aug 31 2005 05:10 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26MR6.REC S26MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 26, 1996 CONGRESSIONAL RECORD — SENATE S2875 SEC. 5. GENERAL MANAGEMENT PLAN. Dunes National Lakeshore which land is a N88°34′00′′E 220.3 feet more or less to a point 1 Not later than the end of the second fiscal parcel of land in part of the West ⁄2 of Sec- on the North-South 1⁄4 line of Section 23; 1 year beginning after the date of enactment tion 23, also part of the SE ⁄4 of Section 22, thence Southerly along said North-South 1⁄4 of this Act, the Secretary shall submit to the all in T29N, R14W, Glen Arbor Township, line to the South 1⁄8 line of said Section 23; Committee on Resources of the House of Leelanau County, Michigan, more fully de- thence Westerly along said South 1⁄8 line to Representatives and the Committee on En- scribed as: the West 1⁄8 line of said Section 23; thence ergy and Natural Resources of the Senate a ‘‘Beginning at the Southeast corner of said Southerly along said West 1⁄8 line to the general management plan for the park and Section 22; thence N88°55′30″W 1320.48 feet Point of Beginning. shall implement such plan as soon as prac- along the South line of said Section 22 to ‘‘Subject to the correlative rights of the tically possible. The plan shall be prepared East 1⁄8 line of said Section 22; thence along owners along the Crystal River.. in accordance with section 12(b) of the Act of William B. Batzer Jr., R.L.S., Surveys 8325 ‘‘Together with riparian rights between August 18, 1970 (16 U.S.C. 1a–7(b)) and other and 83025–B by the following (7) courses; the shore courses and the center thread of applicable law. thence N00°40′45″E 33.00 feet along said East Crystal River. 1 ° ′ ″ ° ′ ″ SEC. 6. AUTHORIZATION OF APPROPRIATIONS. ⁄8 line, N80 34 20 E 115.50 feet; N70 51 20 E ‘‘Subject to all applicable building, use re- 172.09 feet; N61°51′20″E 181.87 feet; N41°25′20″E (a) IN GENERAL.—Except as provided in strictions and easements, if any, affecting ° ′ ″ ° ′ ″ subsection (b), there are authorized to be ap- 230.80 feet; N63 02 45 E 514.60 feet; N28 57 25 W the premises.. propriated such sums as may be necessary to 600.62 feet to the South bank of the North ‘‘Also subject to final survey of the above carry out annual operations and mainte- part of the Crystal River; thence along said in accordance with Michigan Act 132, P.A. of nance with respect to the park. river bank by the following (6) courses; 1970, as amended.’’ N42°18′19″E 102.13 feet (recorded as N40°03′30″E (b) EXCEPTIONS.—In carrying out this Act— Section 8(a) of the Act is amended to read ° ′ ″ ° ′ ″ (1) not more than $2,000,000 may be appro- 102.07 feet; N58 07 35 E 219.82 feet; N42 09 40 E as follows: ° ′ ″ ° ′ ″ priated for construction, restoration, and re- 215.48 feet; N54 20 35 E 121.36 feet; N46 10 10 E (1) By deleting the period following the ° ′ ″ habilitation of visitor and interpretive facili- 107.67 feet; N34 05 25 E 46.08 feet to the East word ‘‘Act’’ at the end of the first sentence; ties, and directional and visitor orientation line of said Section 22; thence leaving said and ° ′ ″ signage; South bank S01 19 55 W 347.84 feet along said (2) By adding the following at the end (2) none of the funds authorized to be ap- East line to the South bank of the South thereof: ‘‘except that the land to be taken propriated by this Act may be used for the part of said Crystal River; thence along said out of and added to the land area now com- operation or maintenance of the Schooner river bank by the following (4) courses; prising the lakeshore shall, within 120 days ° ′ ″ ° ′ ″ Ernestina; and N48 48 30 E 168.46 feet, N40 56 15 E 168.77 feet; after the date hereof, be conveyed by an ex- ° ′ ″ ° ′ ″ (3) not more than $50,000 annually of Fed- N55 24 10 E 99.10 feet; N43 30 00 E 154.21 feet; change of deeds. The Secretary is instructed eral funds may be used for interpretive and thence leaving said South river bank to and shall have the authority to effect this ° ′ ″ ° ′ ″ educational programs for the Schooner S56 45 50 E 350.00 feet; thence N41 49 50 E exchange but shall not have the authority to ° ′ ″ Ernestina pursuant to cooperative grants 400.00 feet; thence S56 44 25 E 412.99 feet to otherwise dispose of the land to be taken out 1⁄8 line of said Section 23; thence under section 4(b). the West of or to acquire the land to be added to the leaving said William B. Batzer, Jr. Survey lakeshore pursuant to the amendments here- Northerly along said West 1⁄8 line to the inabove.’’ ABRAHAM AMENDMENT NO. 3577 1 East-West ⁄4 line of said Section 23; thence Section 8(e) of the Act is amended to read (Ordered to lie on the table.) Westerly along said East-West 1⁄4 line and as follows: Mr. ABRAHAM submitted an amend- County Road No. 675 to a point where the (1) By deleting the period following the ment intended to be proposed by him most Easterly channel of the Crystal River word ‘‘encumbrances’’ at the end of the sec- passes under County Road No. 675; thence to amendment No. 3564 proposed by Mr. tion; and along a Nicholas M. O’non R.L.S. Survey of (2) By adding the following at the end MURKOWSKI to the bill H.R. 1296, supra; December 5, 1986, Job No. 8668–23 GA 2914 by thereof: ‘‘except condemnation may not be as follows: the following (3) courses along the center used to acquire the land to be added, pursu- ° ′ ″ At the appropriate place, insert the fol- thread of said river N41 13 48 E 273.78 feet; ant to the amendment hereinabove, to the ° ′ ″ lowing new section: N17 09 18 E 405.85 feet; thence leaving said land area now comprising the lakeshore.’’ ° ′ ″ SEC. . SLEEPING BEAR DUNES NATIONAL LAKE- center thread N89 43 02 W 253.56 feet to a point on the old centerline of State Highway SHORE. THOMAS AMENDMENT NO. 3578 (a) Section 2(a) of the Act entitled ‘‘An Act M–22; thence Northerly along the centerline to establish in the State of Michigan the of State Highway M–22, by the following (5) (Ordered to lie on the table.) Sleeping Bear Dunes National Lakeshore, courses; thence N35°02′58″E, along said old Mr. THOMAS submitted an amend- and for other purposes,’’ (16 U.S.C. 460X–x14) centerline, a distance of 12.66 feet to the ex- ment intended to be proposed by him isting centerline of State Highway M–22 and is amended: to amendment No. 3564 proposed by Mr. By deleting the period following the words a point on a 516.00 foot radius curve to the MURKOWSKI to the bill H.R. 1296, supra; ‘‘Department of the Interior’’; and right; thence Northeasterly along said cen- By adding the following at the end thereof: terline and curve, an arc distance of 109.88 as follows: ‘‘except that— feet (chord bearing and distance of At the end of the amendment, add the fol- ‘‘(1) certain land shall be taken out of the N53°19′13′′E, 109.67 feet) to the point of tan- lowing: land area now comprising the Sleeping Bear gency of said curve; thence N59°25′16′′E, along SEC. 02. CONVEYANCE OF CERTAIN PROPERTY Dunes National Lakeshore which land is a said centerline, a distance of 156.38 feet to TO THE STATE OF WYOMING. parcel of land in part of Government Lots 2 the point of curvature of a 400.00 foot radius (a) CONVEYANCE.—Not later than 180 days and 3, the East 1⁄2 of the Southeast 1⁄4 of Sec- curve to the left; thence Northeasterly along after the date of enactment of this Act, the tion 11, also part of East 1⁄2 of Section 14, said centerline and curve, an arc distance of Secretary of the Interior shall convey to the T29N, R14W, Glen Arbor Township, Leelanau 215.55 feet (Delta of 31°26′55′′, along chord State of Wyoming without reimbursement, County, Michigan, more fully described as bearing and distance of N43°41′48′′E, 216.81 all right, title, and interest of the United follows: feet) to the point of tangency; thence States in and to the property described in ‘‘The North 982 feet of the Northeast 1⁄4 of N27°58′11′′E, (Also, recorded as N27°19′23′′E) subsection (b) for use by the State for the the Southeast 1⁄4 of said section 14, and the along said centerline, a distance of 528.10 feet purposes described in subsection (c). The East 1⁄2 of the Northwest 1⁄4 of the Northeast to an extension of the South line of Cham- property shall be conveyed as is. 1⁄4 of said section 14, (being part of Govern- berlain’s unrecorded plat of Glen Arbor (b) DESCRIPTION OF PROPERTY.—The prop- ment lot 1), and that part of the East 1⁄2 of Beach Subdivision; and the South boundary erty referred to in subsection (a) is the prop- the Northeast 1⁄4 of said section 14, lying live of South Beach Condominium recorded erty commonly known as ‘‘Ranch A’’ in West of the centerline for Thoreson Road, in Liber 243, Pages 63–74; thence Easterly ap- Crook County, Wyoming, consisting of ap- Also the South 1759 feet of that part of Gov- proximately 38.39 feet along said South proximately 680 acres of land including all ernment lots 2 and 3, and the East 1⁄2 of the boundary line extended to the Easterly real property, buildings, and all other im- Southeast 1⁄4 of said Section 11, all being part right-of-way line of State Highway M–22 and provements to real property, and all personal of T29N, R14W, Glen Arbor Township, the Southwest corner of a survey by Gosling property including art, historic light fix- Leelanau County, Michigan. Czubak Associates, Inc., Job No. 87025.12; tures, wildlife mounts, draperies, rugs, and ‘‘Subject to all applicable building, use re- thence N27°19′23′′E 633.21 feet along said furniture. strictions and easements, if any, affecting right-of-way; thence along said right-of-way (c) USE AND REVERSIONARY INTEREST.— the premises. 79.72 feet on the arc of a curve to the right (1) Use.—The property conveyed to the ‘‘Also subject to final survey of the above (Rad.=110.24 feet, I=40°26′00′′, State of Wyoming under this section shall be in accordance with Michigan Act 132, P.A. of Chord=N48°02′23′′E 77.99 feet); thence used by the State for the purposes of— 1970, as amended. N68°45′23′′E 106.17 feet along said right-of- (A) fish and wildlife management or edu- ‘‘Further subject to rights of the public way; thence S00°42′53′′E 174.11 feet; thence cation, or both; or over and across Thoreson Road. N89°17′07′′E 217,57; thence S41°18′01′′E 122.39 (B) maintaining and using through State ‘‘(2) certain land shall be added to the land feet; thence S01°31′50′′E 370.00 feet; thence or local agreements, or both, the historical area now comprising the Sleeping Bear N88°28′10′′E (previously recorded as interests and significance of facilities on the

VerDate Aug 31 2005 05:10 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26MR6.REC S26MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2876 CONGRESSIONAL RECORD — SENATE March 26, 1996 property consistent with applicable Federal vious Acts of Congress, have been adequately such management would protect an area’s and State laws. studied for wilderness designation pursuant wilderness characteristics.’’ (2) REVERSION.—If the property is used for to section 603 of such Act and are no longer a purpose not described in paragraph (1), all subject to the requirements of section 603(c) FAIRCLOTH AMENDMENT NO. 3584 right, title, and interest in and to the prop- of such Act pertaining to the management of erty shall revert to the United States. wilderness study areas in a manner that does (Ordered to lie on the table.) not impair the suitability of such areas for Mr. FAIRCLOTH submitted an STEVENS AMENDMENT NO. 3579 preservation as wilderness.’’ amendment intended to be proposed by him to amendment No. 3564 proposed (Ordered to lie on the table.) AMENDMENT NO. 3581 by Mr. MURKOWSKI to the bill H.R. 1296, Mr. STEVENS submitted an amend- Strike subsection 2002(i) of the substitute supra; as follows: ment intended to be proposed by him and insert the following: to amendment No. 3564 proposed by Mr. ‘‘(i) ACCESS.—Reasonable access, including At the end of the substitute amendment add the following: MURKOWSKI to the bill H.R. 1296, supra; the use of motorized equipment where nec- as follows: essary and customarily or historically em- TITLE —LABOR ployed, shall be allowed on routes within the SEC. 1. NULLIFICATION OF ORDER. On page , line , of the amendment, insert areas designated wilderness by this title in the following new section: An executive order, or other rule or order, existence as of the date of enactment of this that— SEC. . PAYMENT IN LIEU OF TAXES. Act for the exercise of valid existing rights. (1) prohibits Federal contracts between the (a) Section 6901(2) of title 31, United States Such routes may be maintained, repaired, United States and a contractor; Code, is amended to read as follows: and replaced to the extent necessary to (2) requires the debarment of a contractor ‘‘(2) ‘unit of general local government’ maintain their present function, design, and from an award of a Federal contract; or means— serviceable operation, so long as such activi- (3) imposes other sanction on a contractor, ‘‘(A) a county (or parish), township, bor- ties have no increased adverse impacts on on the basis that such contractor or organi- ough, or city (where the city is independent the resources and values of the wilderness zation unit thereof has permanently replaced of any other unit of general local govern- areas than existed as of the date of enact- lawfully striking employees of such con- ment), that— ment of this title.’’ tractor shall have no force or effect. ‘‘(i) is within the class or classes of such political subdivisions in a State that the AMENDMENT NO. 3582 Secretary of the Interior determines to be On page 152, line 12 of the substitute, de- FEINGOLD AMENDMENTS NOS. the principal provider or providers of govern- lete ‘‘Title.’’ and insert in lieu thereof, 3585–3587 mental services within the State; and ‘‘title, so long as such activities have no in- (Ordered to lie on the table.) ‘‘(ii) is a unit of general government, as de- creased adverse impacts on the resources and Mr. FEINGOLD submitted three termined by the Secretary of the Interior on values of the wilderness areas than existed the basis of the same principles as were used as of the date of enactment of this title.’’. amendments intended to be proposed by the Secretary of Commerce on January 1, by him to amendment No. 3564 pro- 1983, for general statistical purposes. The AMENDMENT NO. 3583 posed by Mr. MURKOWSKI to the bill term ‘governmental services’ includes, but is Strike Section 2008 of the Murkowski sub- H.R. 1296, supra; as follows: not limited to, those services that relate to stitute and insert the following: AMENDMENT NO. 3585 public safety, the environment, housing, so- ‘‘SECTION 2008. WILDERNESS RELEASE. cial services, transportation, and govern- On page 147, strike lines 2 through 14 and ‘‘(a) RELEASE.—Except for the areas identi- mental administration; insert the following: fied in subsection (b), the Congress hereby ‘‘(B) the State of Alaska, for any land (a) MANAGEMENT.—Subject to valid exist- finds and directs that all public lands in within that State which is not within the ing rights, the wilderness areas designated Utah, administered by the Bureau of Land boundaries of a governmental entity under by this title shall be administered by the Management pursuant to the Federal Land subparagraph (A); Secretary in accordance with the provisions Policy and Management Act of 1976 ‘‘(C) the District of Columbia; of the Wilderness Act governing areas des- (FLPMA), which have not been designated as ‘‘(D) the Commonwealth of Puerto Rico; ignated by that Act as wilderness, except wilderness by this Act or previous Acts of ‘‘(E) Guam; and that any reference in those provisions to the Congress, have been adequately studied for ‘‘(F) the Virgin Islands.’’. effective date of the Wilderness Act (or any wilderness designation pursuant to section (b) Section 6902(a) of title 31, United States similar reference) shall be deemed to be a 603 of FLPMA (43 U.S.C. 1782) and are no Code, is amended to read as follows: reference to the date of enactment of this longer subject to the requirement of section ‘‘(a) The Secretary of the Interior shall Act. 603(c) of FLPMA pertaining to the manage- make a payment for each fiscal year to each ment of wilderness study areas in a manner unit of general local government in which AMENDMENT NO. 3586 that does not impair the suitability of such entitlement land is located, as set forth in Beginning on page 153, strike line 18, and areas for preservation as wilderness. Such this chapter. Except for the State of Alaska all that follows through page 155, line 2. lands shall be managed in accordance with for entitlement land described in section FLPMA and land management plans pre- 6901(2)(B), a unit of general local government AMENDMENT NO. 3587 pared pursuant thereto. may use the payment for any governmental ‘‘(b) CONTINUING WILDERNESS STUDY Beginning on page 156, strike line 1 and all purpose. The State of Alaska shall distribute AREAS.—The following wilderness study that follows through page 157, line 4, and in- any payment received for entitlement land areas which are under study status by States sert the following: described in section 6901(2)(B) to home rule adjacent to the State of Utah shall continue SEC. 2008. WILDERNESS STUDY AREA STATUS. and general law cities within Alaska (as such to be subject to the provisions of section Wilderness study areas administered by cities are defined by the State).’’. 603(c) of FLPMA (43 U.S.C. 1782(c)): the Bureau of Land Management in the (1) Bull Canyon (UT–080–419/CO–010–001); State of Utah shall be subject to section BUMPERS AMENDMENTS NOS. 3580– (2) Wrigley Mesa/Jones Canyon/Black 603(c) of the Federal Land Policy and Man- 3583 Ridge Canyon West (UT–060–116/UT–060–117/ agement Act of 1976 (43 U.S.C. 1782(c)). CO–070–113A); (Ordered to lie on the table.) (3) Squaw/Papoose Canyon (UT–060–227/CO– Mr. BUMPERS submitted four 030–265A); and DOLE (AND OTHERS) AMENDMENT amendments intended to be proposed (4) Cross Canyon (UT–060–229/CO–030–265). NO. 3588 by him to amendment No. 3564 pro- ‘‘(c) FURTHER DESIGNATIONS.—Public lands (Ordered to lie on the table.) in the State of Utah which are not des- posed by Mr. MURKOWSKI to the bill Mr. DOLE (for himself, Mr. COVER- H.R. 1296, supra; as follows: ignated as wilderness by this or previous Acts of Congress or retained in wilderness DELL, and Mr. FORD) submitted an AMENDMENT NO. 3580 study status by this Act shall not be man- amendment intended to be proposed by Strike subsection 2008(a) of the substitute aged solely for the purpose of protecting them to amendment No. 3564 proposed and insert the following: their status for potential inclusion in the by Mr. MURKOWSKI to the bill H.R. 1296, ‘‘(a) RELEASE.—Except for the areas re- National Wilderness Preservation System: supra; as follows: tained in wilderness study status pursuant to Provided, however, That this subsection shall At the appropriate place in the amend- subsection (b), the Congress hereby finds and not be construed to preclude the Secretary ment, insert the following: directs that all public lands in Utah adminis- from managing public lands in the State of tered by the Bureau of Land Management Utah (in accordance with FLPMA and appli- TITLE —NICODEMUS NATIONAL pursuant to the Federal Land Policy and cable land use plans) for the purpose of pro- HISTORIC SITE Management Act of 1976 which have not been tecting their natural, scenic, wildlife, ripar- SEC. 01. FINDINGS AND PURPOSES. designated as wilderness by this title or pre- ian, primitive or recreational values, even if (a) FINDINGS.—Congress finds that—

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(1) the town of Nicodemus, in Kansas, has nance of the cultural landscape of, and local ‘‘(b) BUILDING FOR JOINT USE BY THE SEC- national significance as the only remaining preservation planning for, the historic site. RETARY AND THE CITY OF NATCHEZ.— western town established by African-Ameri- (2) ELIGIBLE PERSONS.—The eligible persons ‘‘(1) CONTRIBUTION TOWARD CONSTRUCTION.— cans during the Reconstruction period described in this paragraph are— The Secretary may enter into an agreement followings the Civil War; (A) an owner of real property within the with the city of Natchez under which the (2) the town of Nicodemus is symbolic of boundary of the historic site, as described in Secretary agrees to pay not to exceed the pioneer spirit of African-Americans who sectionlll103(b); and $3,000,000 toward the planning and construc- dared to leave the only region they had been (B) any interested individual, agency, orga- tion by the city of Natchez of a structure to familiar with to seek personal freedom and nization, or institution that has entered into be used— the opportunity to develop their talents and an agreement with the Secretary pursuant ‘‘(A) by the Secretary as an administrative capabilities; and to subsection (b). headquarters, administrative stie, and visi- (3) the town of Nicodemus continues to be SEC. 05. ACQUISITION OF REAL PROPERTY. tors’ center for Natchez National Historical a viable African-American community. (a) IN GENERAL.—Subject to subsection (b), Park; and (b) PURPOSES.—The purposes of this title the Secretary may acquire by donation, ex- ‘‘(B) by the city as an intermodal transpor- are— change, or purchase with funds made avail- tation center. (1) to preserve, protect, and interpret for able by donation or appropriation, such ‘‘(2) Use for satisfaction of matching re- the benefit and enjoyment of present and fu- lands or interests in land as may be nec- quirements.—The amount of payment under ture generations, the remaining structures essary to allow for the interpretation, pres- paragraph (1) may be available for matching and locations that represent the history (in- ervation, or restoration of the First Baptist Federal grants authorized under any other cluding the settlement and growth) of the Church, the St. Francis Hotel, the law notwithstanding any limitations in any town of Nicodemus, Kansas; and Nicodemus School District Number 1, the Af- such law. GREEMENT.—Prior to the execution of (2) to interpret the historical role of the rican Methodist Episcopal Church, or the ‘‘(3) A an agreement under paragraph (1), the Sec- town of Nicodemus in the Reconstruction pe- Township Hall, as described in section retary shall enter into a contract, lease, co- riod in the context of the experience of west- lll03(b)(1), or any combination thereof. operative agreement, or other appropriate ward expansion in the United States. (b) LIMITATIONS.— form of agreement with the city of Natchez SEC. 02. DEFINITIONS. (1) ACQUISTION OF PROPERTY OWNED BY THE providing for the use and occupancy of a por- In this title: STATE OF KANSAS.—Real property that is tion of the structure constructed under para- (1) HISTORIC SITE.—The term ‘‘historic owned by the State of Kansas or a political site’’ means the Nicodemus National His- subdivision of the State of Kansas that is ac- graph (1) (including appropriate use of the toric Site established by section 03. quired pursuant to subsection (a) may only land on which it is situated), at no cost to the Secretary (except maintenance, utility, (2) SECRETARY.—The term ‘‘Secretary’’ be acquired by donation. and other operational costs), for a period of means the Secretary of the Interior. (2) CONSENT OF OWNER REQUIRED.—No real 50 years, with an option for renewal by the SEC. 03. ESTABLISHMENT OF NICODEMUS NA- property may be acquired under this section Secretary for an additional 50 years. TIONAL HISTORIC SITE. without the consent of the owner of the real ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— (a) ESTABLISHMENT.—There is established property. There is authorized to be appropriated the Nicodemus National Historic Site in SEC. 06. GENERAL MANAGEMENT PLAN. $3,000,000 to carry out this subsection.’’. Nicodemus, Kansas. (1) IN GENERAL.—Not later than the last (b) DESCRIPTION.— day of the third full fiscal year beginning BRADLEY AMENDMENTS NOS. 3590– (1) IN GENERAL.—The historic site shall after the date of enactment of this Act, the 3649 consist of the First Baptist Church, the St. Secretary shall, in consultation with the of- Francis Hotel, the Nicodemus School Dis- (Ordered to lie on the table.) ficials described in subsection (b), prepare a Mr. BRADLEY submitted 60 amend- trict Number 1, the African Methodist Epis- general management plan for the historic copal Church, and the Township Hall located site. ments intended to be proposed by him within the approximately 161.35 acres des- (b) CONSULTATION.—In preparing the gen- to amendment No. 3564 proposed by Mr. ignated as the Nicodemus National Land- eral management plan, the Secretary shall MURKOWSKI to the bill H.R. 1296, supra; mark in the Township of Nicodemus, consult with an appropriate official of each as follows: Graham County, Kansas, as registered on the of the following: AMENDMENT NO. 3590 National Register of Historic Places pursu- (1) The Nicodemus Historical Society. ant to section 101 of the National Historic On page 147, strike lines 2 through 14 and (2) The Kansas Historical Society. insert the following: Preservation Act (16 U.S.C. 470a), and de- (3) Appropriate political subdivisions of picted on a map entitled ‘‘Nicodemus Na- (a) MANAGEMENT.—Subject to valid exist- the State of Kansas that have jurisdiction ing rights, the wilderness areas designated tional Historic Site’’, numbered 80,000 and over all or a portion of the historic site. dated August 1994. by this title shall be administered by the (c) SUBMISSION OF PLAN TO CONGRESS.— Secretary in accordance with the provisions (2) MAP AND BOUNDARY DESCRIPTION.—The Upon the completion of the general manage- map referred to in paragraph (1) and an ac- of the Wilderness Act governing areas des- ment plan, the Secretary shall submit a copy ignated by that Act as wilderness, except companying boundary description shall be on of the plan to— file and available for public inspection in the that any reference in those provisions to the (1) the Committee on Energy and Natural effective date of the Wilderness Act (or any office of the Director of the National Park Resources of the Senate; and Service and any other office of the National similar reference) shall be deemed to be a (2) the Committee on Resources of the reference to the date of enactment of this Park Service that the Secretary determines House of Representatives. to be an appropriate location for filing the Act. SEC. 07. AUTHORIZATION OF APPROPRIATIONS. map and boundary description. There are authorized to be appropriated to AMENDMENT NO. 3591 SEC. 04. ADMINISTRATION OF THE HISTORIC the Department of the Interior such sums as SITE. On page 156, strike lines 2 through 16 and are necessary to carry out this title. (a) IN GENERAL.—The Secretary shall ad- insert the following: minister the historic site in accordance (a) FINDING.—Congress finds that all public with— COCHRAN AMENDMENT NO. 3589 lands in Utah administered by the Bureau of Land Management under the Federal Land (1) this title; and (Ordered to lie on the table.) (2) the provisions of law generally applica- Policy and Management Act of 1976 (43 ble to units of the National Park System, in- Mr. COCHRAN submitted an amend- U.S.C. 1701 et seq.) not designated as wilder- cluding the Act entitled ‘‘An Act to establish ment intended to be proposed by him ness by this title, or a previous Act of Con- a National Park Service, and for other pur- to amendment No. 3564 proposed by Mr. gress, have been studied for wilderness des- poses’’, approved August 25, 1916 (16 U.S.C. 1 MURKOWSKI to the bill H.R. 1296, supra; ignation under section 603 of the Federal et seq.), and the Act of August 21, 1935 (49 as follows: Land Policy and Management Act of 1976 (43 U.S.C. 1782). Stat. 666, chapter 593; 16 U.S.C. 461 et seq.). At the appropriate place in the amend- (b) RELEASE.—The lands described in sub- (b) COOPERATIVE AGREEMENTS.—To further ment, insert the following: the purposes specified in section 01(b), the section (a) shall not be subject to the re- Secretary may enter into a cooperative TITLE —NATCHEZ NATIONAL quirement of section 603(c) of the Federal agreement with any interested individual, HISTORICAL PARK Land Policy and Management Act of 1976 (43 public or private agency, organization, or in- SEC. 01. NATCHEZ NATIONAL HISTORICAL PARK. U.S.C. 1782(c)) that wilderness study areas be stitution. Section 3 of the Act of October 8, 1988, enti- managed in a manner that does not impair (c) TECHNICAL AND PRESERVATION ASSIST- tled ‘‘An Act to create a national park at the suitability of the areas for preservation ANCE.— Natchez, Mississippi’’ (16 U.S.C. 410oo et as wilderness. (1) IN GENERAL.—The Secretary may pro- seq.), is amended— vide to any eligible person described in para- (1) by inserting ‘‘(a) IN GENERAL.—’’ after AMENDMENT NO. 3592 graph (2) technical assistance for the preser- ‘‘SEC. 3.’’; and On page 152, between lines 21 and 22, insert vation of historic structures of, the mainte- (2) by adding at the end the following: the following:

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(f) BENEFICIAL USES.—Notwithstanding any stock grazing in wilderness areas adminis- gress reserves a quantity of water sufficient provision of the laws of the State of Utah tered by the Bureau of Land Management in to fulfill the purposes of this title. otherwise applicable to the granting and ex- the State of Utah ensure that the policies, (2) PRIORITY DATE.—The priority date of ercise of water rights, the purposes for which practices, and regulations fully conform with the water rights reserved under paragraph (1) wilderness areas in Utah are designated the implement the intent of Congress regard- shall be the date of enactment of this Act. under this title, as set forth in this title and ing grazing in those areas, as that intent is (b) PROTECTION OF RIGHTS.— the Wilderness Act (16 U.S.C. 1131 et seq.), expressed in this title. (1) IN GENERAL.—The Secretary and all shall be considered to be beneficial uses. other officers of the United States shall take AMENDMENT NO. 3600 such steps as are necessary to protect the AMENDMENT NO. 3593 On page 158, line 3, strike ‘‘The exchange’’ rights reserved by subsection (a). On page 148, strike lines 7 through 13 and and all that follows through line 9. (2) FILING OF CLAIM.—The requirement im- insert the following: posed by paragraph (1) shall include the fil- (d) FISH AND WILDLIFE.—As provided in sec- AMENDMENT NO. 3601 ing by the Secretary of a claim for the quan- tification of the water rights reserved by tion 4(d)(7) of the Wilderness Act, nothing in Beginning on page 159, strike line 6 and all subsection (a) in any present or future appro- this title or in the Wilderness Act shall be that follows through page 160, line 11, and in- priate stream adjudication in the courts of construed as affecting the jurisdiction or re- sert the following: the State of Utah— sponsibilities of the State of Utah with re- (d) LAND EXCHANGES FOR EQUAL VALUE.— (A) in which the United States is or may be spect to wildlife and fish on the public lands (1) REQUIREMENT.—The lands exchanged located in that State. pursuant to this section shall be of approxi- joined; and mately equal value, as determined by the (B) that is conducted in accordance with AMENDMENT NO. 3594 Secretary utilizing nationally recognized ap- section 208 of the Act of July 10, 1952 (66 Beginning on page 159, strike line 2 and all praisal standards. If the values are not ap- Stat. 560, chapter 651; 43 U.S.C. 666) (com- that follows through page 160, line 11, and in- proximately equal, the Secretary and the monly known as the ‘‘McCarran Amend- sert the following: State of Utah shall either agree to modify ment’’). (c) NO RELINQUISHMENT OR REDUCTION.— (2) FEDERAL LANDS.—The Federal lands re- the lands to be exchanged or shall provide Nothing in this title relinquishes or reduces ferred to in this section are lands in Utah for a cash equalization payment to equalize any water rights reserved or appropriated by that are identified for disposal or exchange the values. Any cash equalization payment the United States in the State of Utah on or by the Secretary under the Federal Land shall not exceed 25 percent of the value of before the date of enactment of this Act. Policy and Management Act of 1976 (43 the lands to be conveyed. (d) NO PRECEDENT.— U.S.C. 1701 et seq.). (2) DISPUTE RESOLUTION.—If the Secretary (1) SPECIFIC TO STATE OF UTAH.—The Fed- (d) EQUAL VALUE.— and the State of Utah are unable to agree to eral water rights reserved by this title are (1) APPRAISALS.—Prior to the exchange of the appraised value of a certain tract or specific to the wilderness areas located in the lands identified in subsection (c), the tracts of land, the appraisal, appraisals, or the State of Utah designated by this title. Secretary shall ensure that appraisals of the appraisal issues in dispute and a final deter- (2) NO EFFECT ON OTHER LAW.—Nothing in lands are prepared. mination of value shall be resolved through this title relating to reserved federal water (2) REQUIREMENT OF EQUAL VALUE.—To the a process of bargaining or submission to ar- rights— extent practicable, any lands exchanged bitration in accordance with section 206(d) of (A) establishes a precedent with regard to under this section shall be exchanged for the Federal Land Policy and Management any future designation of wilderness; or lands of equal value. If the lands exchanged Act of 1976 (43 U.S.C. 1716(d)). between the United States and the State of (B) constitutes an interpretation of any other Act or any designation of wilderness Utah, as authorized by this section, are not AMENDMENT NO. 3602 made under any other Act. of equal value, the values shall be equalized On page 148, strike lines 14 through 20 and in accordance with section 206(b) of the Fed- insert the following: AMENDMENT NO. 3609 eral Land Policy and Management Act of (e) PROHIBITION OF BUFFER ZONES.—Con- 1976 (43 U.S.C. 1716(b)). gress does not intend that designation of an On page 153, strike lines 7 through 17 and area as wilderness by this title will lead to insert the following: AMENDMENT NO. 3595 the creation of protective perimeters or buff- SEC. 2005. CULTURAL, ARCHAEOLOGICAL, AND On page 150, at the end of line 14, insert the er zones around the area. That nonwilderness PALEONTOLOGICAL RESOURCES. following: ‘‘The United States shall not be activities or uses can be seen or heard from The Secretary shall provide for the protec- liable for the condition of, or the operation, areas within a wilderness area shall not pre- tion and interpretation of cultural, archae- maintenance, repair, or replacement of, any clude such activities or uses up to the bound- ological, and paleontological resources lo- access route allowed under this subsection.’’. ary of the wilderness area. cated within areas designated as wilderness by this title. AMENDMENT NO. 3596 AMENDMENT NO. 3603 AMENDMENT NO. 3610 On page 152, between lines 21 and 22, insert On page 149, strike lines 6 through 16. the following: Beginning on page 153, strike line 18 and (f) REQUIREMENT ON SECRETARY.—The Sec- AMENDMENT NO. 3604 all that follows through page 155, line 2, and insert the following: retary shall protect watersheds within wil- Beginning on page 149, strike line 17 and derness areas designated by this title that all that follows through line 14 on page 150. SEC. 2006. MILITARY ACTIVITIES. are located upstream of communities to Nothing in this title precludes low-level maintain safe drinking water standards. AMENDMENT NO. 3605 overfights of military aircraft, the designa- tion of new units of special airspace, or the On page 150, line 6, strike ‘‘or customarily AMENDMENT NO. 3597 use or establishment of military flight train- or’’ and insert ‘‘, customary, and’’. Beginning on page 163, strike line 21 and ing routes over wilderness areas designated by this title. all that follows through page 164, line 12. AMENDMENT NO. 3606 On page 152, strike lines 13 through 21. AMENDMENT NO. 3598 AMENDMENT NO. 3611 Beginning on page 162, strike line 16 and On page 163, strike lines 3 through 8. AMENDMENT NO. 3607 all that follows through page 163, line 3, and Beginning on page 151, strike line 9 and all AMENDMENT NO. 3599 insert the following: that follows through page 152, line 21, and in- ‘‘(3) PROVISIONS RELATING TO FEDERAL Beginning on page 147, strike line 18 and sert the following: all that follows through line 6 on page 148 LANDS.— SEC. 4. STATE WATER ALLOCATION AUTHORITY. and insert the following: ‘‘(A) ADJUSTMENT OF VALUE TO REFLECT Nothing in this title constitutes an express (c) LIVESTOCK GRAZING.— REVENUE SHARING RIGHTS.—The value of Fed- or implied claim or denial on the part of the (1) IN GENERAL.—Grazing of livestock in eral lands transferred to the’’. areas designated as wilderness by this title, Federal Government of any exemption from where established prior to the date of enact- the water laws of the State of Utah. AMENDMENT NO. 3612 ment of this Act, shall be administered in ac- On page 168, strike lines 6 through 22 and cordance with section 4(d)(4) of the Wilder- AMENDMENT NO. 3608 insert the following: ness Act (16 U.S.C. 1133(d)(4)) and the guide- Beginning on page 151, strike line 9 and all (c) EQUAL VALUE.—Prior to the exchange of lines set forth in H.R. Rep. No. 617 (96th that follows through page 152, line 21, and in- lands identified in subsection (b), appraisals Cong., Sess. 19 ). sert the following: of the lands shall be prepared. Any exchange (2) REVIEW OF POLICIES, PRACTICES, AND SEC. 4. WATER RIGHTS. of lands shall be for lands of equal value. If REGULATIONS.—The Secretary shall review (a) RESERVATION.— the lands exchanged between the United all policies, practices, and regulations of the (1) IN GENERAL.—With respect to each wil- States and the State of Utah, as authorized Bureau of Land Management regarding live- derness area designated by this title, Con- by this section, are not of equal value, the

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values shall be equalized in accordance with AMENDMENT NO. 3638 TITLE XXXIV—LOS CAMINOS DEL RIO section 206((b) of the Federal Land Policy Strike title 25. NATIONAL HERITAGE AREA and Management Act of 1976 (43 U.S.C. SEC. 3401. SHORT TITLE. 1716(b)). AMENDMENT NO. 3639 This title may be cited as the ‘‘Los Cami- Strike title 26. nos del Rio National Heritage Area Act of AMENDMENT NO. 3613 1996’’. SEC. 3402. FINDINGS. Beginning on page 153, strike line 18, and AMENDMENT NO. 3640 all that follows through page 155, line 2. Congress finds that— Strike title 27. (1) along the Lower Rio Grande on the bor- AMENDMENT NO. 3614 der between Texas and Mexico, from Laredo, AMENDMENT NO. 3641 Strike title 1. Texas, to the Gulf of Mexico, a distinctive Strike title 28. heritage is exhibited through resources of AMENDMENT NO. 3615 immense economic, natural, scenic, histor- AMENDMENT NO. 3642 ical, cultural, and recreational value to the Strike title 2. Strike title 29. citizens of the United States and the United Mexican States; AMENDMENT NO. 3616 AMENDMENT NO. 3643 (2) significant historical themes and re- Strike title 3. sources of local, State, national, and inter- Strike title 30. national importance characterize the river AMENDMENT NO. 3617 communities and counties along the Lower AMENDMENT NO. 3644 Strike title 4. Rio Grande, representing— Strike title 31. (A) early 16th- and 17th-century Spanish AMENDMENT NO. 3618 and French explorations; AMENDMENT NO. 3645 Strike title 5. (B) 18th-century river settlements founded Strike title 32. by Jose´ de Escando´ n under the Spanish Crown; AMENDMENT NO. 3619 AMENDMENT NO. 3646 (C) 18th-century ranches that gave birth to Strike title 6. the American cowboy; Strike title 33. (D) Texas independence and establishment AMENDMENT NO. 3620 of the Republic of the Rio Grande in 1840; AMENDMENT NO. 3647 Strike title 7. (E) the first battle of the Mexican-Amer- Beginning on page 156, strike line 1 and all ican War at Palo Alto in 1846; AMENDMENT NO. 3621 that follows through page 157, line 4, and in- (F) the last land battle of the American sert the following: Strike title 8. Civil War, fought near the mouth of the Rio SEC. 2008. WILDERNESS STUDY AREA STATUS. Grande in 1865; AMENDMENT NO. 3622 Wilderness study areas administered by (G) a thriving steamboat trade in the late the Bureau of Land Management in the 19th century; and Strike title 9. State of Utah shall be subject to section (H) the development of the Rio Grande Val- 603(c) of the Federal Land Policy and Man- ley as an agricultural empire; AMENDMENT NO. 3623 agement Act of 1976 (43 U.S.C. 1782(c)). (3) the Lower Rio Grande is 1 of the most Strike title 10. complex ecological systems in the United AMENDMENT NO. 3648 States, with 10 habitat types that host a re- AMENDMENT NO. 3624 On page 156, line 9, strike ‘‘by this Title’’. markable variety of species, including 600 Strike title 11. species of vertebrates and 11,000 species of AMENDMENT NO. 3649 plants; AMENDMENT NO. 3625 (4) many local and regional governments, On page 166, line 22, strike ‘‘the Sand Hol- Federal and State agencies, businesses, pri- Strike title 12. low’’ and all that follows through page 167, vate organizations, and citizens in the line 1, and insert ‘‘lands identified for dis- United States and Mexico have expressed a AMENDMENT NO. 3626 posal or exchange by the Secretary pursuant desire to work cooperatively to preserve and Strike title 13. to the Federal Land Policy and Management enhance the most significant components of Act of 1976 (43 U.S.C. 1701 et seq.),’’. the natural and cultural heritage throughout AMENDMENT NO. 3627 the region, while providing for sustainable Strike title 14. NUNN AMENDMENT NO. 3650 growth and development; and (5) it is in the best interest of the citizens (Ordered to lie on the table.) AMENDMENT NO. 3628 of the United States that the Federal Gov- Mr. NUNN submitted an amendment Strike title 15. ernment lend aid and assistance to the State intended to be proposed by him to of Texas and its political subdivisions, Los Caminos del Rio of Texas, Incorporated, and AMENDMENT NO. 3629 amendment No. 3564 proposed by Mr. other agencies and organizations in devel- Strike title 16. MURKOWSKI to the bill H.R. 1296, supra; as follows: oping a management plan to ensure the de- velopment, preservation, and restoration of AMENDMENT NO. 3630 At the end of the amendment, add the fol- the historical, cultural, natural, scenic, and Strike title 17. lowing: recreational resources of the Lower Rio TITLE —MISCELLANEOUS Grande region of Texas. AMENDMENT NO. 3631 SEC. . ASSISTANCE FOR HIGHWAY RELOCATION SEC. 3403. PURPOSES. Strike title 18. IN GEORGIA. The purposes of this title are— Section 1(c) of the Act entitled ‘‘An Act to (1) to recognize the special importance of AMENDMENT NO. 3632 authorize and direct the National Park Serv- the Lower Rio Grande region as a living his- ice to assist the State of Georgia in relo- torical legacy of the United States and Mex- Strike title 19. cating a highway affecting the Chickamauga ico containing a wealth of cultural, histor- and Chattanooga National Military Park in ical, and heritage resources important to the AMENDMENT NO. 3633 Georgia’’, approved December 24, 1987 (Public development of both countries; and Strike title 20. Law 100–211; 101 Stat. 1442), is amended by (2) to provide a new conceptual framework striking ‘‘$30,000,000’’ and inserting and administrative structure for assisting AMENDMENT NO. 3634 ‘‘$51,900,000’’. the State of Texas and its political subdivi- Strike title 21. sions, Federal agencies, and other organiza- tions, and private property owners, within HUTCHISON AMENDMENT NO. 3651 AMENDMENT NO. 3635 the United States and Mexico, in the devel- Strike title 22. (Ordered to lie on the table.) opment and implementation of integrated Mrs. HUTCHISON submitted an heritage and economic resource policies and programs that will— AMENDMENT NO. 3636 amendment intended to be proposed by her to amendment No. 3564 proposed by (A) establish stronger, clearer connections Strike title 23. between Federal, State, and local agencies Mr. MURKOWSKI to the bill H.R. 1296, with programs for cultural conservation, AMENDMENT NO. 3637 supra; as follows: international relations, transportation, eco- Strike title 24. Add at the end the following: nomic development, and natural systems;

VerDate Aug 31 2005 05:10 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26MR6.REC S26MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2880 CONGRESSIONAL RECORD — SENATE March 26, 1996 (B) provide technical assistance to herit- SEC. 3405. CRITERIA FOR DESIGNATION. final, the Secretary shall declare the bound- age area communities, organizations, and An area shall be eligible for designation as aries of the heritage area final. private property owners for historic preser- a heritage area under this title only if the (4) FINAL BOUNDARIES.—The final bound- vation, heritage education, interpretation, area meets each of the following criteria: aries of the heritage area may not include tourism development, environmental res- (1) ASSEMBLAGE OF RESOURCES.—The area is any private property for which the Secretary toration and community development; a cohesive assemblage of natural, historic, did not obtain agreement from the owner of (C) cultivate a consensus vision for the cultural, or recreational resources that— the property under paragraph (2). heritage area, based on public dialogue, that (A) together represent distinctive aspects SEC. 3407. HERITAGE PARTNERSHIP. advocates intergenerational responsibility of American heritage worthy of recognition, (a) PARTICIPATION BY THE SECRETARY.—The and sustainable growth in a manner that is conservation, interpretation, and continuing Secretary shall participate in an administra- consistent with the other purposes of the use; and tive entity to be known as the ‘‘heritage heritage area; (B) are best managed through partnerships partnership’’ (which shall not constitute a (D) promote international understanding between public and private entities. partnership in a legal sense) that includes and cooperation between Mexico and the (2) TRADITIONS, CUSTOMS, BELIEFS, OR representatives of— United States; FOLKLIFE.—The area reflects traditions, cus- (1) Los Caminos del Rio of Texas, Incor- (E) enhance the economic base of heritage toms, beliefs, or folklife, or any combination porated; area communities through heritage tourism, thereof, that are a valuable part of the story (2) the Texas Department of Commerce, conservation, and development actions as a of the United States. the Texas Department of Transportation, the means of creating an entrepreneurial cli- (3) CONSERVATION OF NATURAL, CULTURAL, Texas Historical Commission, and the Texas mate by expanding job opportunities, sup- OR HISTORIC FEATURES.—The area provides Parks and Wildlife Department; porting businesses, creating capital, and in- outstanding opportunities to conserve nat- (3) residents of the heritage area and own- creasing local tax bases; ural, cultural, or historic features, or any ers of private property included in the area; (F) elevate cultural pride and local under- combination thereof. (4) public and private organizations dedi- standing for heritage resources through the (4) RECREATIONAL AND EDUCATIONAL OPPOR- cated to cultural conservation, community development and management of regional in- TUNITIES.—The area provides outstanding development, tourism, education, private terpretation and educational programs that recreational and educational opportunities. property rights, business, interpretation, or connect people with resources, activities, (5) THEMES AND INTEGRITY OF RESOURCES.— the environment; and organizations; and The area has an identifiable theme, and re- (5) the National Park Service and United (G) create partnerships between public and sources important to the theme retain integ- States Fish and Wildlife Service; and private entities and private property owners rity capable of supporting interpretation. (6) pertinent entities in Mexico as ex offi- to finance projects and initiatives through- (6) SUPPORT.—Residents, owners of private cio members. out the Lower Rio Grande through which property included in the proposed area, non- (b) PURPOSE.—The heritage partnership limited Federal, State, and local capital con- profit organizations, other private entities, shall unite the task force, participating Fed- tributions for planning and infrastructure and governments throughout the proposed eral agencies, Los Caminos del Rio of Texas, investments will stimulate private sector area— Incorporated, and other heritage partners in contributions. (A) demonstrate support for designation of a single organization to effectively blend the area and for management of the area ap- government technical expertise with private SEC. 3404. DEFINITIONS. propriate to the designation; and sector resourcefulness and understanding of local issues and values and provide essential In this title: (B) are willing to commit to the implemen- tation of the compact for the area as de- coordination and leadership for the heritage (1) HERITAGE AREA.—The term ‘‘heritage area. area’’ means the Los Caminos del Rio Na- scribed in section 3407(e). SEC. 3406. ESTABLISHMENT OF LOS CAMINOS (c) ESTABLISHMENT.—The executive com- tional Heritage Area, as determined eligible mittee of the board of directors for Los Ca- for designation under section 3405 and estab- DEL RIO NATIONAL HERITAGE AREA. (a) ESTABLISHMENT.—Subject to section minos del Rio of Texas, Incorporated, and lished by section 3406. 3405, the Secretary shall establish in the the executive directors representing the task (2) HERITAGE PARTNERSHIP.—The term State of Texas the Los Caminos del Rio Na- force, including the Texas Department of ‘‘heritage partnership’’ means the public-pri- tional Heritage Area. Commerce, the Texas Department of Trans- vate administrative entity established for (b) BOUNDARY.—Subject to the agreement portation, the Texas Historical Commission, the heritage area under section 3407. of owners of private property included in the and the Texas Parks and Wildlife Depart- (3) HERITAGE STUDY.—The term ‘‘heritage proposed area, the heritage area shall only ment, or their designees, shall facilitate the study’’ means the report entitled ‘‘Los Cami- be comprised of Cameron County, Hildalgo establishment of the heritage partnership. nos del Rio Heritage Area Study’’, prepared County, Starr County, Webb County, and Za- (d) ACTIVITIES.— by the task force, which contains— pata County, Texas, as depicted on the map (1) COORDINATION.—The heritage partner- (A) an inventory of natural, historical, cul- entitled ‘‘Los Caminos del Rio National Her- ship shall provide overall coordination of the tural, and recreational resources along the itage Area’’, which shall be on file and avail- various entities and funding sources relevant heritage area and their relative value and able for public inspection in the offices of to the purposes of the heritage area. significance; the Department of the Interior in Wash- (2) MISSION.—The primary mission of the (B) recommendations for the creation of a ington, District of Columbia, and the Texas heritage partnership shall be to— partnership that will coordinate activities Historical Commission in Austin, Texas. (A) facilitate development and implemen- within the heritage area; and (c) PUBLICATION OF LEGAL DESCRIPTION AND tation of a management plan; (C) strategies and proposed actions to pro- MAP.—As soon as practicable after the date (B) provide technical assistance and lever- tect and enhance the most significant and of enactment of this Act, the Secretary shall age financial assistance for heritage area meaningful components of the natural and publish in the Federal Register a legal de- communities and resource areas; cultural heritage of the heritage area while scription and map of the proposed boundaries (C) coordinate existing and potential ac- providing for sustainable growth and devel- of the heritage area and the date on which tivities and programs that encourage posi- opment and protection of the rights of own- the boundaries will become final. tive development of the region; and ers of private property in the heritage area. (d) AGREEMENT OF PRIVATE PROPERTY OWN- (D) become a self-sustaining entity. (4) MANAGEMENT PLAN.—The term ‘‘man- ERS.— (e) COMPACT.— agement plan’’ means the management plan (1) NOTIFICATION.—As soon as practicable (1) DEVELOPMENT.—The members of the for the heritage area developed under section after the date of enactment of this Act, the heritage partnership shall develop a compact 3408. Secretary shall provide the owner of any pri- that identifies the initial partners to be in- (5) SECRETARY.—The term ‘‘Secretary’’ vate property included in the proposed volved in developing and implementing the means the Secretary of the Interior. boundaries of the heritage area— management plan and a statement of the fi- (6) TASK FORCE.—The term ‘‘task force’’ (A) notification that the property is pro- nancial commitment of the partners. means the State task force for the Los Cami- posed for inclusion in the heritage area; and (2) PROHIBITION ON LAND USE RESTRIC- nos del Rio Heritage Project appointed by (B) information about the heritage area TIONS.—The compact may not require the en- the Governor of the State of Texas, which that will allow the owner to make an in- actment or modification of land use restric- is— formed decision as to whether to include the tions. (A) composed of representatives of the owner’s property in the heritage area. (f) PUBLIC MEETINGS.—The heritage part- Texas Department of Commerce, the Texas (2) WRITTEN AGREEMENT.—The Secretary nership shall conduct public meetings at Department of Transportation, the Texas shall attempt to obtain a written agreement least quarterly regarding the implementa- Historical Commission, and the Texas Parks from the owner of any private property in- tion of the management plan for the heritage and Wildlife Department; and cluded in the proposed boundaries of the her- area. (B) charged with working in coordination itage area that the property may be included (g) PROHIBITION OF ACQUISITION OF REAL with public- and private-sector efforts to de- in the heritage area. PROPERTY.—The heritage partnership may termine efficient methods to accomplish the (3) FINALIZATION DATE.—Not later than the not use Federal funds received under this development of the Los Caminos del Rio Her- date published under subsection (c) as the title to acquire real property or an interest itage Project. date on which the boundaries will become in real property.

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(h) DURATION OF ELIGIBILITY FOR ASSIST- (2) after making a determination referred SEC. 3413. FISHING AND HUNTING SAVINGS ANCE.—The heritage partnership shall be eli- to in paragraph (1), the Secretary submits to CLAUSE. gible to receive assistance from funds appro- Congress notification that the heritage area (a) NO DIMINISHMENT OF STATE AUTHOR- priated under this title for a 13-year period designation of the area should be withdrawn. ITY.—Establishment of the heritage area beginning on the date on which the Sec- (b) PUBLIC HEARING.—Before the Secretary does not diminish the authority of the State retary approves a compact under this sec- makes a determination referred to in sub- of Texas to manage fish and wildlife inside or tion. section (a)(1) regarding a heritage area, the outside the heritage area. (b) NO CONDITIONING OF APPROVAL AND AS- SEC. 3408. HERITAGE AREA MANAGEMENT PLAN. Secretary or a designee shall hold a public SISTANCE.—Neither the Secretary nor any (a) PREPARATION.—Subject to sections 3412 hearing within the area. other Federal agency may— and 3414, the heritage partnership, in con- (c) TIME OF WITHDRAWAL OF DESIGNATION.— (1) make any limitation on agriculture, junction with private landowners within the The withdrawal of the heritage area designa- hunting, fishing, or trapping a condition for heritage area, local governments, Federal tion of an area shall become final 90 legisla- the approval of a compact or the determina- and State agencies, and the public, shall de- tive days after the Secretary submits to Con- tion of eligibility for assistance under this velop a management plan to ensure proper gress the notification referred to in sub- title; or management of significant cultural and her- section (a)(2) regarding the area. (2) make any such limitation a condition itage resources within the heritage area in a (d) RESTRICTIONS ON REDESIGNATION.—If the for the receipt, in connection with the herit- manner that is compatible with, and sup- heritage area designation of any area under age area, of any other form of assistance. portive of, natural, cultural, scenic, edu- this title is withdrawn, the area may not be SEC. 3414. PUBLIC PROPERTY PROTECTION. cational, recreational, and economic values redesignated as a heritage area before the ex- (a) LIMITATION ON INCLUSION OF PUBLIC of the resources and takes into account the piration of the 10-year period beginning on PROPERTY IN HERITAGE AREAS.— existing uses of land within the area and any the date of the withdrawal. In the case of (1) IN GENERAL.—No property owned by a development already planned or in progress. any heritage area that is redesignated, the unit of local government shall be included in (b) COMPONENTS.—Subject to sections 3412 length of time the area shall be eligible for the heritage area unless the local govern- and 3414, the management plan shall in- Federal funds under this title shall be the ex- ment agrees that the property may be in- clude— cess (if any) of 15 years over the amount of cluded and notifies the Secretary of the (1) recommended policies and techniques time for which the area was previously eligi- agreement in writing. for resource management, including develop- ble for Federal funds under this title. (2) REMOVAL.—If at any time after inclu- ment of intergovernmental cooperative SEC. 3410. DUTIES OF THE SECRETARY OF THE sion of property in the heritage area owned agreements to protect historical, cultural, INTERIOR. by a unit of local government the local gov- recreational, scenic, and heritage resources (a) TECHNICAL AND FINANCIAL ASSIST- ernment that submitted a notification under of the heritage area in a manner that is con- ANCE.— paragraph (1) requests to be removed from sistent with, and supportive of, compatible (1) IN GENERAL.—At the request of the her- the heritage area, the members of the herit- economic revitalization efforts; itage partnership, the Secretary shall pro- age partnership shall revise the compact to (2) goals, criteria, and standards applicable vide technical and financial assistance to the exclude the property from the heritage area. to the preservation and use of important cul- heritage partnership in the preparation and (b) PROHIBITION OF ASSISTANCE IF HERITAGE tural and heritage resources of the heritage implementation of any plan or research rec- PARTNERSHIP EXERCISES ZONING OR LAND USE area; ommended in the heritage study or manage- POWERS.—The Secretary may not provide (3) a regional heritage education and inter- ment plan. grants or technical assistance under this pretive plan to address the cultural and nat- title with respect to any heritage area if the (2) LAND USE RESTRICTIONS.—The Secretary heritage partnership for such area possesses ural history of the heritage area, including shall not, as a condition to the award of or exercises any zoning or land use regula- actions to enhance visitor use and under- technical and financial assistance under tion powers. standing and promote protection and aware- paragraph (1), require any recipient of assist- (c) PRIVATE PROPERTY.— ness of the heritage area resources in schools ance to enact or modify any land use restric- (1) IN GENERAL.—Nothing in this title— located in the heritage area; tion. (4) an inventory that identifies properties (A) requires an owner of private property (b) COORDINATION WITH MEXICO.—The Sec- in the heritage area that should be pre- to participate in or be associated with the retary may work in cooperation with the served, restored, managed, developed, or heritage area or to permit public access to government of Mexico (including providing maintained, because of their natural, cul- the private property; or technical assistance) to coordinate planning, tural, historical, or scenic significance, with (B) modifies any provision of State law interpretation, and implementation activi- recognition of the rights of private land- with regard to public access to or use of pri- ties as recommended in the heritage study or owners and traditional land users; vate land. management plan. (5) an implementation program for the (2) LIMITATION ON INCLUSION IN HERITAGE plan that includes actions and responsibil- SEC. 3411. DUTIES OF OTHER FEDERAL ENTITIES. AREAS.—No privately owned property shall ities of the heritage partnership, local gov- To avoid any decision or action by any de- be included in the heritage area unless the ernments, and Federal and State agencies, as partment, agency, or instrumentality of the owner of the property agrees to include the agreed on by the parties and private land- United States that could unfavorably affect property under section 3406(d). owners within the heritage area; and or alter any significant resource of the herit- (3) CONSENT OF OWNERS.—A Federal em- (6) a coordination and consistency compo- age area having substantial natural, scenic, ployee may not enter or otherwise take an nent that describes the ways in which pri- historical, cultural, or recreational value, action on private property to carry out this title without the written consent of the vate, local, State, and Federal programs will the head of the department, agency, or in- owner of the property. be coordinated to promote the purposes of strumentality shall— (4) ACQUISITION OF PROPERTY.—A heritage this title and protect the interests of private (1) notify the Secretary, and before taking partnership for the heritage area may not landowners within the heritage area. final action with respect to implementing acquire real or personal property, or any in- (c) PRIVATE PROPERTY OWNERS NOT IN- any such decision or action, allow the Sec- terest in the property, without the written CLUDED IN THE HERITAGE AREA.—The inven- retary 30 days in which to present the Sec- consent of the owner of the property. tory under subsection (b)(4) may not include retary’s views on the matter; (5) PROPERTY VALUES.—A Federal agency any reference to private property that was (2) cooperate with the Secretary and the or employee may not take an action under not included in the final boundaries of the heritage partnership in carrying out their this title that would diminish the value of heritage area under section 3406(d)(4). duties under this title and, to the maximum private property. SEC. 3409. WITHDRAWAL OF DESIGNATION. extent practicable, coordinate activities of the department, agency, or instrumentality (6) REMOVAL.— (a) IN GENERAL.—The heritage area des- (A) IN GENERAL.—If at any time after inclu- ignation of an area under this title shall con- that affect the heritage area with the car- rying out of those duties; and sion of privately owned property in the her- tinue unless— itage area the owner of the property requests (3) cooperate with the heritage partner- (1) the Secretary determines that— to be removed from the heritage area, the ship, to the greatest extent practicable, in (A) the heritage area no longer meets the members of the heritage partnership shall supporting the purposes of the heritage area. criteria referred to in section 3405; revise the compact to exclude the property (B) the use, condition, or development of SEC. 3412. NO EFFECT ON LAND USE REGULA- from the heritage area. TION. the area is inconsistent with the criteria re- (B) FINALIZATION.—Exclusion of private ferred to in section 3405, the compact for the (a) NO EFFECT ON AUTHORITY OF GOVERN- property under subparagraph (A) shall be area, or the management plan for the area; MENTS.—Nothing in this title modifies, en- final on the mailing to the Secretary of a or larges, or diminishes any authority of Fed- written request by the owner to be removed (C) as demonstrated by a request from the eral, State, or local government to regulate from the heritage area. Governor of the State of Texas or a petition any use of land as provided for by law. (d) RECOGNITION OF AUTHORITY TO CONTROL reflecting the interest of residents or owners (b) NO ZONING OR LAND USE POWERS IN THE LAND USE.—No provision of this title shall be of land in the area, the heritage area is no HERITAGE PARTNERSHIP.—Nothing in this construed to modify any authority of Fed- longer supported by the residents or owners title grants powers of zoning or land use to eral, State, or local government to regulate of land in the area; and the heritage partnership. land use.

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(e) NOTIFICATION ON MAPS.—All maps and At the appropriate place, add the fol- SEC. 2. BANDELIER NATIONAL MONUMENT. brochures prepared under this title shall lowing: (a) FINDINGS AND PURPOSE.— (1) FINDINGS.—Congress finds that— specify any lands within the heritage areas TITLE — that are private lands. (A) under the provisions of a special use SECTION 1. MODIFICATION OF BOUNDARIES OF permit, sewage lagoons for Bandelier Na- SEC. 3415. EFFECT ON ENVIRONMENTAL AND WHITE SANDS NATIONAL MONU- OTHER STANDARDS. tional Monument, established by Proclama- MENT AND WHITE SANDS MISSILE tion No. 1322 (16 U.S.C. 431 note) (referred to This title does not— RANGE. (1) require the imposition of any environ- in this section as the ‘‘monument’’) are lo- (a) PURPOSE.—The purpose of this section cated on land administered by the Secretary mental, occupational, safety, or other regu- is to effect an exchange between the Sec- lation, standard, or permit process that is of Energy that is adjacent to the monument; retary of the Interior and the Secretary of and for public inspection in the headquarters different from those that would be applicable the Army of administrative jurisdiction over had the heritage area not been established; of the monument, a map showing the bound- the lands described in subsection (c) in order ary of the monument as modified by this (2) require the imposition of any Federal or to facilitate administration of the White State water use designation or water quality Act. Sands National Monument and the White (g) WAIVER OF LIMITATION UNDER PRIOR standard on uses of, or discharges to, waters sands Missile Range. LAW.—Notwithstanding section 303(b)(1) of of a State or waters of the United States, (b) DEFINITION.—In this section: the National Parks and Recreation Act of within or adjacent to a heritage area, that is (1) MISSILE RANGE.—The term ‘‘missile 1978 (92 Stat. 3476), land or an interest in land different from those that would be applicable range’’ means the White Sands Missile that was deleted from the monument by sec- had the heritage area not been established; Range, New Mexico, administered by the tion 301(19) of the Act (92 Stat. 3475) may be (3) affect the continuing use and operation, Secretary of the Army. exchanged for any non-Federal land within repair, rehabilitation, expansion, or new con- (2) MONUMENT.—The term ‘‘monument’’ the boundaries of any unit of the National struction of water supply facilities, water means the White Sands National Monument, Park System in the State of New Mexico, and wastewater treatment facilities, New Mexico, established by Proclamation may be transferred to the jurisdiction of any stormwater facilities, public utilities, and No. 2025 (16 U.S.C. 431 note) and administered other Federal agency or to the State or a po- common carriers; by the Secretary of the Interior. litical subdivision of the State, without (4) authorize or imply the reservation or (c) EXCHANGE OF JURISDICTION.—The lands monetary consideration, or may be adminis- appropriation of water or water rights; or exchanged under this Act are the lands gen- tered as public land, as the Secretary con- (5) abridge, restrict, or alter any applicable erally depicted on the map entitled ‘‘White siders appropriate. rule, regulation, standard, or review proce- Sands National Monument, Boundary Pro- SEC. 2. BANDELIER NATIONAL MONUMENT. dure for the permitting of facilities within or posal’’, numbered 142/80,061 and dated Janu- (a) FINDINGS AND PURPOSE.— adjacent to the heritage area. ary 1994, comprising— (1) FINDINGS.—Congress find that— SEC. 3416. MULTIPLE USE SAVINGS CLAUSE. (1) approximately 2,524 acres of land within (A) under the provisions of a special use (a) NO DIMINISHMENT OF STATE AUTHOR- the monument that is under the jurisdiction permit, sewage lagoons for Bandelier Na- ITY.—This title does not diminish the au- of the Secretary of the Army, which are tional Monument, established by Proclama- thority of the State of Texas to manage fish transferred to the Secretary of the Interior; tion No. 1322 (16 U.S.C. 431 note) (referred to and wildlife, including the regulation of fish- (2) approximately 5,758 acres of land within in this section as the ‘‘monument’’) are lo- ing and hunting within the heritage area. the missile range abutting the monument, cated on land administered by the Secretary (b) NO CONDITIONING OF COMPACT AND AS- which are transferred to the Secretary of the of Energy that is adjacent to the monument; SISTANCE.—The Secretary may not require Interior; and and limitations on any multiple use on Federal (3) approximately 4,277 acres of land within (B) modification of the boundary of the land (including oil and gas, exploration and the monument abutting the missile range, monument to include the land on which the production, timbering, grazing, mining, irri- which are transferred to the Secretary of the sewage lagoons are situated— gation, recreation, fishing, hunting, or trap- Army. (i) would facilitate administration of both ping) as a condition for approval of a com- (d) BOUNDARY MODIFICATION.—The bound- the monument and the adjacent land that pact under section 3407 or the provision of ary of the monument is modified to include would remain under the administrative juris- technical or financial assistance under sec- the land transferred to the Secretary of the diction of the Secretary of Energy; and (ii) can be accomplished at no cost. tion 3410. Interior and exclude the land transferred to (2) PURPOSE.—The purpose of this section the Secretary of the Army by subsection (c). SEC. 3417. REPORT. is to modify the boundary between the The boundary of the missile range is modi- On or before the last day of the 5th fiscal monument and adjacent Department of En- fied accordingly. year beginning after the date of enactment ergy land to facilitate management of the (e) ADMINISTRATION.— of this Act and of each 5th year thereafter, monument and Department of Energy land. the Secretary shall submit to Congress a re- (1) MONUMENT.—The Secretary of the Inte- (b) BOUNDARY MODIFICATION.— port on the status and accomplishments of rior shall administer the lands transferred to (1) TRANSFER OF ADMINISTRATIVE JURISDIC- the heritage area. the Secretary of the Interior by subsection TION.—There is transferred from the Sec- SEC. 3418. AUTHORIZATION OF APPROPRIATIONS. (c) in accordance with laws (including regu- retary of Energy to the Secretary of the In- (a) HERITAGE PARTNERSHIP.—There are au- lations) applicable to the monument. terior administrative jurisdiction over the thorized to be appropriated to the heritage (2) MISSILE RANGE.—The Secretary of the land comprising approximately 4.47 acres de- partnership to carry out its duties under this Army shall administer the lands transferred picted on the map entitled ‘‘Boundary Map, title such sums as are necessary for each fis- to the Secretary of the Army by subsection Bandelier National Monument’’, No. 315/ cal year. (c) as part of the missile range. 80,051, dated March 1995. (b) LIMITATION.—Assistance under this title (3) AIRSPACE.—The Secretary of the Army (2) BOUNDARY MODIFICATION.—The boundary for a management plan may not exceed 75 shall maintain control of the airspace above of the monument is modified to include the percent of the cost for such plan. the lands transferred to the Secretary of the land transferred by paragraph (1). (c) SECRETARY.—There are authorized to be Army by subsection (c) as part of the missile (3) PUBLIC AVAILABILITY OF MAP.—The map appropriated to the Secretary such sums as range. described in paragraph (1) shall be on file and are necessary to carry out this title. (f) PUBLIC AVAILABILITY OF MAP.—The Sec- available for public inspection in the Lands SEC. 3419. EXPIRATION OF AUTHORITIES. retary of the Interior and the Secretary of Office at the Southwest System Support Of- The authorities contained in this title the Army shall prepare, and the Secretary of fice of the National Park Service, Santa Fe, shall expire on September 30 of the 15th fis- the Interior shall keep on file for public in- New Mexico, and in the Superintendent’s Of- cal year beginning after the date of enact- spection in the headquarters of the monu- fice of Bandelier National Monument. ment of this Act. ment, a map showing the boundary of the monument as modified by this Act. DOLE AMENDMENT NO. 3653 (g) WAIVER OF LIMITATION UNDER PRIOR BINGAMAN AMENDMENT NO. 3652 LAW.—Notwithstanding section 303(b)(1) of Mr. DOLE proposed an amendment to (Ordered to lie on the table.) the National Parks and Recreation Act of the motion to commit to the Com- Mr. BINGAMAN submitted an 1978 (92 Stat. 3476), land or an interest in land mittee on Finance the bill H.R. 1296, amendment intended to be proposed by that was deleted from the monument by sec- supra; as follows: him to amendment No. 3564 proposed tion 301(19) of the Act (92 Stat. 3475) may be Strike the instructions in the pending mo- exchanged for any non-Federal land within tion and insert in lieu thereof ‘‘To report by Mr. MURKOWSKI to the bill H.R. 1296, the boundaries of any unit of the National back by April 21, 1996 amendments to reform supra; as follows: Park System in the State of New Mexico, welfare and Medicaid effective 1 day after Purpose: To modify the boundaries of the may be transferred to the jurisdiction of any the effective date of the bill.’’ White Sands National Monument and the other Federal agency or to the State or a po- White Sands Missile Range, New Mexico, to litical subdivision of the State, without DOLE AMENDMENT NO. 3654 modify the boundary of the Bandelier Na- monetary consideration, or may be adminis- tional Monument, New Mexico, and for other tered as public land, as the Secretary con- Mr. DOLE proposed an amendment to purposes. siders appropriate. amendment No. 3653 proposed by him

VerDate Aug 31 2005 05:10 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26MR6.REC S26MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 26, 1996 CONGRESSIONAL RECORD — SENATE S2883 to the motion to Commit to the com- mittee on Intelligence be authorized to sponsoring poster contests that focus mittee on Finance the bill H.R. 1296, meet during the session of the Senate on patriotism in local schools, writing supra; as follows: on Tuesday, March 26, 1996, at 2 p.m. in and mailing letters to American troops Strike all after the first word in the SH–219 to hold a closed briefing on in- in Bosnia, recycling, collecting eye- amendment to the instructions to the pend- telligence matters. glasses for the needy, helping the elder- ing motion and insert in lieu thereof ‘‘Report The PRESIDING OFFICER. Without ly with housing, and making quilts for back by April 21, 1996 amendments to reform objection, it is so ordered. at-risk children. All the members of welfare and Medicaid effective 2 days after SUBCOMMITTEE ON CHILDREN AND FAMILIES Post No. 88 deserve a special word of the effective date of the bill.’’ Mr. DOLE. Mr. President, I ask unan- appreciation for serving the Loudon f imous consent that the Subcommittee and Concord communities so dili- AUTHORITY FOR COMMITTEES TO on Children and Families of the Com- gently. Many people have greatly bene- MEET mittee on Labor and Human Resources fited from their goodwill and charity. COMMITTEE ON ARMED SERVICES be authorized to meet during the ses- Fifty years ago, Post No. 88 opened Mr. DOLE. Mr. President, I ask unan- sion of the Senate at 9:30 a.m., Tues- its doors to the town of Loudon. Just imous consent that the Committee on day, March 26, 1996, for a hearing on last month, exactly 50 years later, a Armed Services be authorized to meet ‘‘Filling the Gap: Can Private Institu- special anniversary program for Post at 11 a.m. on Tuesday, March 26, 1996, tions Do It?’’. No. 88 was held in the original building in open session, to receive testimony The PRESIDING OFFICER. Without on South Village Road. In fact, one of on atomic energy defense activities objection, it is so ordered. charter members of the auxiliary unit, Marion Stuart, attended the ceremony. under the purview of the Acting Under SUBCOMMITTEE ON SEAPOWER Secretary, Department of Energy. Mr. DOLE. Mr. President, I ask unan- We are truly fortunate to have such a The PRESIDING OFFICER. Without imous consent that the Subcommittee caring group of individuals at the objection, it is so ordered. on Seapower of the Committee on American Legion Post No. 88. For half a century, these members have exem- COMMITTEE ON BANKING, HOUSING, AND URBAN Armed Services be authorized to meet plified goodwill and concern for their AFFAIRS on Tuesday, March 26, 1996, at 2:30 p.m., Mr. DOLE. Mr. President, I ask unan- in open session, to receive testimony needy neighbors and their efforts will imous consent that the Committee on on the Department of the Navy’s Ma- no doubt continue for the next 50 years. Banking, Housing, and Urban Affairs rine Corps programs in review of the As a veteran, I congratulate Post No. be authorized to meet during the ses- Defense authorization request for fiscal 88 on their steadfast service to Loudon sion of the Senate on Tuesday, March year 1997 and the future years defense and Concord. New Hampshire is truly 26, 1996, to conduct a nominations hear- program. indebted to the Loudon American Le- ing on the following nominees: the The PRESIDING OFFICER. Without gion Post No. 88. Honorable Alan Greenspan, of New objection, it is so ordered. York, to be Chairman of the Board of f f Governors of the Federal Reserve Sys- tem; the Honorable Alice Rivlin, of CONGRATULATING THE AMERICAN NATIONAL DOMESTIC VIOLENCE Pennsylvania, to be a Governor and LEGION POST NO. 88 IN LOUDON, HOTLINE serve as Vice Chairman of the Board of NH ON THEIR 50TH ANNIVER- ∑ Mr. WELLSTONE. Mr. President, 2 Governors of the Federal Reserve Sys- SARY weeks ago, I came to the floor to an- tem; and Laurence Meyer, of Missouri, Mr. SMITH. Mr. President, I rise nounce the realization of another com- to be a Governor of the Board of Gov- today to pay tribute to the American ponent of our initiative to prevent vio- ernors of the Federal Reserve System. Legion Post No. 88 in Loudon, NH on lence against women—the national do- Witnesses will include Ralph Nader, their 50th anniversary. mestic violence hotline. At that time, I consumer advocate. On January 18, 1946, the American indicated that I would come to the The PRESIDING OFFICER. Without Legion Post No. 88 applied for their floor every day for 2 weeks, whenever objection, it is so ordered. first charter. Exactly a month later, my colleagues would be kind enough to COMMITTEE ON COMMERCE, SCIENCE, AND the members of Post No. 88 held their give me about 30 seconds of time, to TRANSPORTATION first meeting and began planning ac- read off the 800 number of the hotline. Mr. DOLE. Mr. President, I ask unan- tivities for the community. The origi- The toll-free number, 1–800–799– imous consent that the Committee on nal Post No. 88 application had 15 SAFE, will provide immediate crisis Commerce, Science, and Transpor- names including H.L. Annis, C.H. counseling, and local shelter referrals tation be allowed to meet during the Derby, C.B. Hall, S.B. Hall, W.G. Har- to women across the country, 24 hours Tuesday, March 26, 1996 session of the rison, Laura A. Hayward, R.C. a day. There is also a TDD number for Senate for the purpose of conducting a Lovering, W.L. Manchester, G.P. Mar- the hearing impaired, 1–800–787–3224. hearing on the fiscal year 1997 NASA cotte, H. McCoy, P.E. Morrill, P.W. Mr. President, roughly 1 million budget. Ordway, L.C. Palmer, D.P. Reardon and women are victims of domestic vio- The PRESIDING OFFICER. Without D.B. Stuart. W.L. Manchester was first lence each year and battering may be objection, it is so ordered. the Commander of Post No. 88. This the single most common cause of in- COMMITTEE ON FOREIGN RELATIONS milestone of 50 years is a significant jury to women—more common than Mr. DOLE. Mr. President, I ask unan- accomplishment for all the post mem- auto accidents, muggings, or rapes by a imous consent that the Committee on bers. stranger. According to the FBI, one of Foreign Relations be authorized to The members of Post No. 88 have be- every two women in America will be meet during the session of the Senate come an integral part of the Loudon beaten at least once in the course of an on Tuesday, March 26, 1996, at 10 a.m. community and donate hundreds of intimate relationship. The FBI also The PRESIDING OFFICER. Without hours of service to their community speculates that battering is the most objection, it is so ordered. each year. So many veterans, children under-reported crime in the country. It COMMITTEE ON GOVERNMENTAL AFFAIRS and needy families have been touched is estimated that the new hotline will Mr. DOLE. Mr. President, I ask unan- by the assistance these legionnaires receive close to 10,000 calls a day. imous consent on behalf of the Govern- provide through their volunteer work. I hope that the new national domes- mental Affairs Committee to meet on They visit fellow veterans in local hos- tic violence hotline will help women Tuesday, March 26, 1996, at 9:30 a.m. for pitals, coordinate youth programs and and families find the support, assist- a hearing on the IRS oversight. are involved with numerous Boy Scout ance, and services they need to get out The PRESIDING OFFICER. Without and 4–H groups who use the post head- of homes where there is violence and objection, it is so ordered. quarters for meetings. Post No. 88 also abuse. SELECT COMMITTEE ON INTELLIGENCE participates in the nationwide legion Mr. President, once again, the toll- Mr. DOLE. Mr. President, I ask unan- efforts which include: sponsoring stu- free number is 1–800–787–3224, for the imous consent that the Select Com- dents for both Boys and Girls State, hearing impaired.∑

VerDate Aug 31 2005 05:10 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26MR6.REC S26MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2884 CONGRESSIONAL RECORD — SENATE March 26, 1996 COMMEMORATING GREEK CONGRATULATING THE LONDON- my State in Boone County, a rural Ap- INDEPENDENCE DAY DERRY HIGH SCHOOL MARCHING palachia county in our legendary coal BAND FOR BEING SELECTED TO fields. The geography of this region is ∑ Mr. BRADLEY. Mr. President, I rise PARTICIPATE IN THE ROSE PA- challenging. The coal industry domi- today to commemorate Greek Inde- RADE nates the local economy and has a his- pendence Day—a national day of cele- ∑ Mr. SMITH. Mr. President, I rise tory of sporadic employment which af- bration of Greek and American democ- today to congratulate the students of fects the families and the community racy. Yesterday marked the 175th anni- the Londonderry High School Marching greatly, including school enrollment versary of the beginning of the revolu- Band and Colorguard who will be rep- and student attendance. There are more than 200 students en- tion which freed the Greek people from resenting the State of New Hampshire rolled in Sherman Junior High School the Ottoman Empire. in the 1997 Rose Parade next January. and most of them have to be bused over A historic bond exists between All the band members including An- narrow, rough roads within a 20-mile Greece and America, forged by our drew Soucy, the band’s director, de- radius of the school. Many ride these shared democratic heritage. America is serve special commendation for their buses for almost an hour each way, and truly indebted to the ancient Greeks hard work and achievement. more than half of the students qualify Being selected for the Tournament of for giving the world the first example for free or reduced lunches. Because Roses Parade is quite an honor for a of direct democracy. The philosophical these students live in a rural, isolated high school band. The Lancer Marching area, the school is their primary center and democratic influences of the an- Band has a proud tradition of rep- cient Greeks provides the inspiration for most activities ranging from cul- resenting the Granite State in parades tural events to sports which are crucial for our democratic Government to across the country. They have also per- flourish. It is therefore fitting that activities to help young people make formed in Washington, DC, for the St. the transition into adulthood. Members of this Chamber join in pay- Patrick’s Day Parade, at Foxboro Sta- Under the leadership and support of ing tribute to the long struggle for dium for the New England Patriots Principal John Hudson, the creative freedom that Greece endured. football team, and this will be the sec- staff of Sherman Junior High shared On March 25, 1821, when Germanos, ond time the Londonderry Lancers will their facilities with the local high the archbishop of Patros, proclaimed appear in the Pasadena Tournament of school, but maintained their autonomy Greek independence, another link be- Roses Parade. The Lancers should be with a separate administration and fac- very proud of their efforts because only tween Greece and the United States ulty. This gives the students a sense of the very best bands in the country are was forged. The American revolution community, while also having access asked to participate in this nationally served as a model for the Greek strug- to more facilities and high school pro- recognized New Years Day parade. grams for students ready to accept gle for freedom and when the Declara- The young men and women of the more challenging programs. For exam- tion of Independence, translated into Lancer Band and Colorguard dem- ple, many junior high students have an Greek, served as the declaration of the onstrate the hard work and dedication opportunity to learn basic computer end of the Greek struggle, a circle was that is characteristic of the Granite and word processing skills. They can completed. State students. As special participants also take advanced academic classes, The interconnection between Greek in the Tournament of Roses Parade, like a foreign language. Having en- and American democracies lies not these students have proven that deter- hanced opportunities obviously makes only in the philosophical mination and teamwork are the hall- a difference in the lives of these young mark of success both as musicians and underpinnings of our Government, but people, because almost 70 percent of students. We are honored to have the in many areas of American life. Percy the students of Sherman Junior High Lancer Band and Colorguard rep- School score above the 50 percentile on Bysshe Shelley once said, ‘‘We are all resenting New Hampshire with their their annual CTBS tests. Greeks! Our laws, our literature, our outstanding musical performances. This is a time when public education religion, our art, have their roots in Mr. President, I want to express my faces many challenges—dwindling re- Greece.’’ The tremendous influence thanks to both the students and fac- sources, intense public debates over the that Greece has had on American life ulty at Londonderry High School for proper role of public education, and in- continues today through the activities their commitment to excellence. Con- tegrating new technologies into school- of the vibrant Greek community in gratulations again on such a magnifi- rooms and teaching. Sherman Junior America. In every field—politics, en- cent accomplishment.∑ High is a school that is facing such tertainment, business and education— f challenges. The enthusiastic and caring teachers and administrators are com- Greek-Americans continue to con- SHERMAN JUNIOR HIGH SCHOOL, A mitted to providing our students with tribute to American life. 1996 NATIONAL BLUE RIBBON the quality education. As a National SCHOOL OF EXCELLENCE In particular, I wish to pay tribute to Blue Ribbon School, Sherman Junior the Greek-American community in ∑ Mr. ROCKEFELLER Mr. President, High is a role model on how teachers, New Jersey. Groups that are leaders in I want to take this opportunity to rec- administrators, parents, and students the New Jersey Greek Community in- ognize Sherman Junior High School of can come together and create an edu- clude: the Greek American Chamber of Seth, WV. This institution was re- cational environment that helps young Commerce of New Jersey, the Greek cently selected as a 1996 National Blue people excel. Every member of Sher- American Voters League of New Jer- Ribbon School of Excellence by the man Junior High School should be sey, the Hellenic American Bar Asso- U.S. Department of Education. It was 1 proud of the accomplishments ciation of New Jersey, the Pan Grego- of 6 secondary schools in my State to achieved. It is my pleasure to publicly rian Enterprises & Foundation, garner this prestigious award, and 1 of congratulate this school for its com- P.G.E.I. of America Charitables Foun- only 216 public schools from through- munity spirit and academic success. I dation, Inc., the Council Generals of out the United States to get this rec- know this school will keep up the good Greek Cypriot, the Order of AHEPA ognition. work, and continue to represent West Sherman Junior High School’s motto ∑ and the Joint Public Policy Committee Virginia proudly. is ‘‘We believe, we achieve, we suc- f of Hellenic American Women. On be- ceed.’’ It is thoughtful, provocative and half of these organizations, the Greek obviously works. For if believing in MINIMUM WAGE community in New Jersey and all yourself defines your ability to suc- Mr. BIDEN. Mr. President, I come to Americans of Greek descent, I am hon- ceed, let me share with everyone a lit- this debate on the minimum wage from ored to pay tribute, on behalf of the tle taste of the tremendous feats this a different perspective than some of Nation, to the Greek community dur- school has accomplished. my colleagues here today. In January ing the celebration of their independ- Sherman Junior High School is nes- of this year, my State of Delaware de- ence day.∑ tled in a remote southern portion of cided to raise the minimum wage, after

VerDate Aug 31 2005 05:10 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26MR6.REC S26MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 26, 1996 CONGRESSIONAL RECORD — SENATE S2885 a debate a lot like the one we are hear- Mr. President, the median wage—the history of this century provides too ing today. real middle income statistically speak- many examples for us to blithely dis- We like to think that Delaware is a ing—is actually 5 percent less this year miss this problem. special place, Mr. President, and in than it was in 1979. This is happening It is not too much to say that the many ways it is. But it is also a lot in an economy that has been growing real bottom line that we have to keep like the rest of the country. We have at about 2.5 percent over the same our eyes on is on the balance sheet of big businesses and small, we have time. fairness. No amount of national wealth world-class high-technology businesses Where has all that growth been can buy that sense of fairness, no list in chemicals and pharmaceuticals, a going? Who has gained from the growth of statistics can substitute for it. cutting-edge financial service sector in the economy? Between 1977 and 1992, As an optimist, Mr. President, I do and—a lot of my colleagues are sur- the lowest 20 percent of American fam- not believe we are facing an insur- prised when I tell them this—a major ilies saw their incomes drop 17 percent. mountable crisis. In fact, by my read- agricultural sector. But the top 20 percent enjoyed a 28-per- ing, a large part of our history has With that kind of diversity, I think cent increase, and the top 1 percent been a pretty successful search for Delaware has something to teach the saw their incomes shoot up 91 per- ways to balance the changing demands rest of the country. We are, after all, cent—virtually doubling. of a dynamic economy with the un- the first State to ratify the Constitu- So there has been growth, Mr. Presi- changing demand for some basic fair- tion, so we think our example is worth dent, but the distribution of that ness, for some simple justice, in the following. growth among working families has way we reward work. We can make work pay, and make The proposal we adopted in Delaware been increasingly unequal. work a realistic alternative to the is much like the one before the Senate Now, I for one do not think that wasteful choices of welfare or crime, today. The proposal before us today human nature has changed all that that will surely cost us more than the much in the last 20 to 25 years. I do not would call for a two-step increase in modest minimum wage bill before us the minimum wage, from the current think the richest 1 percent are sud- today. $4.25 an hour to $5.15. In Delaware, we denly twice as smart as they used to So I urge my colleagues to follow the also chose a two-step increase, from be, or that workers at the other end of lead of my State of Delaware. Restore $4.25 to $5.00. the scale decided to become less pro- some of the historical value of the min- In my State, that increase will di- ductive. imum wage, some of the justice that is rectly affect over 30,000 Delawareans Something else is going on, Mr. the real bottom line in America. and their families, 9.5 percent of the President, something more funda- f work force, just a little below the na- mental and far reaching than a simple tional average of 11.5 percent who cur- business cycle, perhaps something we EDMUND SIXTUS MUSKIE rently work for the minimum wage. have seen only a couple of times before Mr. PELL. Mr. President, I join my So Delaware is like the rest of the in our Nation’s economic history. colleagues in paying respect to the country, Mr. President, just a little bit There is a lot of evidence that the memory of former Senator Edmund ahead of everybody else when it comes economy no longer functions the way Muskie. He was a very productive to addressing the problem of stagnant it used to, that it no longer provides Member of this body and he made great family incomes in general and the the stable, middle-income jobs that contributions to its deliberations and shrinking value of the minimum wage built America’s middle class after to the welfare of our Nation. I admired in particular. World War II. him very much. And that is what I would like to talk As someone who has put his faith in I first came to know Ed Muskie when about today, Mr. President—the puzzle the free enterprise system, Mr. Presi- he was Governor of Maine and a dele- of why, in a growing economy, with ris- dent, I am inclined to see these gate to our party’s national conven- ing productivity and rising profits, a changes as part of the way this system tions. I always found him to be a per- full-time job for hard-working adults works—changing markets, changing son of great common sense and practi- has failed to provide a rising standard products, changing skills have always cality, traits that reflected his years of of living. been a key feature of the American experience in the Maine State Legisla- The minimum wage itself provides economy. ture and before that as a city official in one important illustration of this dis- But while Americans have a strong Waterville. turbing trend. Since 1991, the last time tolerance—even an appetite—for the He was always a highly effective ad- we raised the minimum wage—with a dynamic shifts that characterize our vocate for the interests of New Eng- bipartisan majority, Mr. President, and economic system, they have an equally land, and in that role as in other as- signed into law by President Bush—the strong sense of fairness. Americans ex- pects of his wide ranging Senate ca- real spending power of the minimum pect that hard work will be rewarded— reer, he was capable of displaying his sense of righteous indignation in the wage has dropped nearly 50 cents. not with riches, maybe, but certainly If we fail to raise the minimum wage, interests of producing results. with a little security and a little com- Perhaps his greatest and most last- it will drop to a 40-year low when this fort. ing contribution was his work in secur- year is over. Right now, you can put in For far too many Americans, Mr. ing enactment of the Congressional a full 40-hour workweek, 52 weeks a President, our system is providing far Budget Act of 1974, and his subsequent year, and take home just $8,840, just too much of those dynamic changes service as the first chairman of the three-quarters of the poverty level for and far too little fairness. Senate Budget Committee. Here his a family of three. I don’t want my colleagues to forget practical vision saw the need for a con- For those families, with a full-time that the absolute, bedrock requirement solidated legislative budget that co- worker, the current minimum wage is of our democratic system is the belief ordinated and reconciled legislative ap- not even the minimum they need to by the majority of our people that they propriations with executive spending. stay out of poverty. That is something are being treated fairly. Because this is Ed Muskie’s Senate career came to a we cannot forget as we search for ways not just a free enterprise economy, Mr. sudden and surprising conclusion with to convince more people to stay off of President, that we have here in Amer- his elevation to the office of Secretary welfare and to turn away from crime. ica. We are blessed to have a system of of State in the Carter administration There are, unfortunately, other ex- popular government that provides and at the height of the Iraq crisis in 1980. amples of the declining rewards of hard protects the property rights that are It was a measure of Senator Muskie’s work for so many American families. the foundation of our economy. statute in the Senate and in the Nation It is not just those wage earners who Take away that sense of fairness, that President Carter turned to him at are working to keep themselves and take away the sense that at the end of a time when circumstances called for a their families out of poverty who have the day, there is some justice in the steady and authoritative hand. seen their incomes stuck, who are run- way our capitalist democracy works, It was a fitting climax to a career of ning as fast as they can just to keep and people can start looking at other exceptionally distinguished public from falling further behind. systems, other answers. The unhappy service.

VerDate Aug 31 2005 05:10 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26MR6.REC S26MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2886 CONGRESSIONAL RECORD — SENATE March 26, 1996 I join my colleagues in honoring the universally mourned as those of us Committee—although he certainly ex- memory of Edmund Muskie and I ex- from both sides of the aisle who knew erted a strong hand at that helm, often tend my sympathy to his wife Jane, him will mourn our former colleague, to the dismay of bureaucrats through- family and many associates in Maine Ed Muskie, who died here in Wash- out the land and not infrequently to and across the country. ington early this morning. Senate colleagues who failed to make a f The reports already circulating on strong enough case for their favorite the news wire services and the obitu- program—no, for him, getting things ED MUSKIE: A TRIBUTE aries that will appear in tomorrow’s done at the right price meant achiev- Mr. HOLLINGS. Mr. President, I newspapers, all will make much, and ing that meld of idealism and realism would like to take a moment to pay rightly so, out of his long and distin- which we often say a democratic sys- tribute to a colleague and friend of guished service as a public man. tem of Government requires but which mine who has just recently passed Few men or women in our history few of us ever achieve with the grace away. To those of us who were here have contributed so much to the Na- and consistency of an Ed Muskie. during the sixties and seventies, Ed- tion as Ed Muskie did as a U.S. Senator The people of Maine understood that mund Muskie was more than a fellow for 21 years and as Secretary of State; as well as we did here in the Senate, legislator, he was a model of what a few have contributed as much to their and he understood and loved them, as Senator should be. He was well liked native State as Ed Muskie did as a well. and respected by all, and he listened to member of the Maine House of Rep- I remember him saying one time, ‘‘in his constituents closely, and he ef- resentatives and as Governor of the Maine, we tend not to speak unless we fected change on their behalf. State he loved so much; and few have think we can improve upon the si- To put it simply, Ed Muskie was the contributed as much to one of the lence.’’ best. Today, with all the talk about the major political parties as Ed Muskie Out of his wisdom, out of his passion, Government being too big, and all the did to the Democratic Party, which he out of his drive to get things done, Ed public scorn for the establishment, it is served as a Vice Presidential candidate Muskie often spoke up for Maine and easy to lose sight of the optimism that in 1968 and as chairman of the Demo- for America—and we need only feel the used to be a driving force of politics. cratic Senatorial Campaign Com- silence of his passing gather about us Senator Muskie embodied that opti- mittee. now to know how much he improved mism; He looked upon government as It is fitting that, upon his death just upon it during a long and accomplished an opportunity, as a solution to prob- 2 days before his 82d birthday, Ameri- life. lems. Characteristically, he acted on cans should be reminded of his long and In the words of William Shakespeare, these beliefs to get things done. He led faithful public service and leadership— ‘‘he was a man, take him for all in all, the demand for fiscal responsibility. As but those of us who knew and served [we] shall not look upon his like the first chairman of the Senate Budg- with Ed Muskie will remember him again.’’ et Committee in 1974, he virtually cre- more familiarly as a man of principle, f ated the budget process. He will also be as a powerful personality, and, most of remembered as a great environmental all, as our good friend. TRIBUTE TO SENATOR MUSKIE legislator. The Clean Water Act, the One thing that I learned very quick- Mr. BAUCUS. Mr. President, this Clean Air Act: these were not a part of ly, serving with him on the Budget morning we were sad to learn of the Muskie’s political agenda due to pres- Committee and the Foreign Relations passing of one of our most distin- sure from lobbyists or special interest Committee, was that while he exhib- guished former colleagues, Senator Ed- groups. They were things that he be- ited the gravitas—the character and mund Muskie of Maine. lieved were necessary, and so he made substance—that might be expected of a Ed Muskie served our Nation in them happen. man whose full given name was Ed- many ways. He was a soldier. A Gov- I knew Ed Muskie long before I came mund Sixtus Muskie, he was a very ernor. The first chairman of the Budget to the Senate, and he always felt human, very good-humored man—most Committee. The Secretary of State. things keenly. I used to joke with him of the time—who was most comfortable The Democratic Party’s candidate for about what I called his righteous indig- simply as Ed Muskie, and who if he was Vice President. nation, but I always respected the your friend was your friend for life. He also was responsible, in large moral conviction and strength that lay It is true that his good humor would part, for one of the most positive and behind it. Senator Muskie detested the sometimes momentarily desert him— profound legislative achievements of influence of lobbies and partisanship, he had a temper that verged on the vol- postwar America: the passage of the and what they were doing to politics. canic, and he was capable of weeping environmental laws of the 1970’s, to He was in government to do a good job, public tears over an insult to the wife clean up our Nation’s air, water, and not to play games. He was—and in this whom he loved—but those moments oc- waste. city, this is a great compliment—a curred, for the most part, because Ed Remember what things were like 25 man who got things done. The prin- Muskie never believed that a career in years ago. We had experienced decades ciples that he lived by came through in politics obliged his head to divorce his of industrial growth without environ- his work, whether as a Senator, a Sec- heart; despite a powerful intellect that mental protection. Lead in the air retary of State or as a lawyer and won him a law degree, a Phi Beta caused brain damage in children. Toxic statesman. He knew the importance of Kappa key and a long, successful career waste dumps all across the country character and of listening to the voter. both in law and in politics, he never be- caused cancer. The Cuyahoga River In 1970, Senator Muskie gave a mem- lieved that political feelings must even caught fire. orable speech in which he said: ‘‘There somehow be set aside. Something had to be done. And, as are only two kinds of politics. They are He was passionate about his poli- chairman of the Environmental Protec- not radical and reactionary, or con- tics—he believed the work we do here tion Subcommittee of the Environment servative and liberal, or even Demo- is important to improving the lives of and Public Works Committee, Ed cratic and Republican. They are only Americans—and he believed that what Muskie saw that it was. He worked the politics of fear and the politics of he felt was as important to achieving tirelessly to create bipartisan support trust.’’ As we head into another elec- that end as what he thought. for landmark environmental laws. tion year and another century, these But though Ed Muskie sometimes The Clean Water Act, requiring riv- are words to remember. Ed Muskie was wore his heart unashamedly on his ers and streams to be fishable and a champion of the politics of trust. We sleeve, he was also very much a swimmable; the Clean Air Act, cutting will remember him fondly. Yankee, very much a man of Maine, emissions from cars and factories; the f who put great stock in getting things Safe Drinking Water Act; the Endan- done, and getting them done at the gered Species Act. EDMUND SIXTUS MUSKIE right price. These laws are not perfect. But, on Mr. BIDEN. Mr. President, few who By that I am not referring so much the whole, they have been remarkably ever served in this body have been as to his chairmanship of the Budget successful. Our air is cleaner. Lead

VerDate Aug 31 2005 05:10 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26MR6.REC S26MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 26, 1996 CONGRESSIONAL RECORD — SENATE S2887 emissions fell nearly 90 percent. To put ance with their charters for a period not to U.S.C. 1604) by the National Forest Manage- it another way, we took nearly five extend beyond February 28, 1997, and shall be ment Act of 1976 (16 U.S.C. 472a et seq.), the ounces of lead out of the sky for every subject to the provisions of this Act. Secretary of the Interior and the Secretary (c) NEW REGULATIONS.—With respect to American man, woman, and child. of Agriculture have been charged with co- title I of this Act— ordinating land use inventory, planning and Emissions of sulfur dioxide, carbon (1) the Secretary of Agriculture and the management programs on Bureau of Land monoxide, and particulates are way Secretary of the Interior shall provide, to Management and National Forest System down, and half as many Americans live the maximum extent practicable, for con- lands with each other, other Federal depart- in cities with unhealthy air as in 1970. sistent and coordinated administration of ments and agencies, Indian tribes, and State Our water is cleaner. You can swim livestock grazing and management of range- and local governments within which the without getting sick and eat the fish lands administered by the Chief of the Forest lands are located, but to date such coordina- Service and the Director of the Bureau of tion has not existed to the extent allowed by you catch in twice as many rivers and Land Management, as defined in section streams. Even the Cuyahoga River has law; and 104(11) of this Act, consistent with the laws (12) it shall not be the policy of the United revived, to become a center for tourism governing the public lands and the National States to increase or reduce total livestock in downtown Cleveland. The bald eagle Forest System; numbers on Federal land except as is nec- is back from the brink of extinction. (2) the Secretary of Agriculture and the essary to provide for proper management of Overall, because of the work of Ed Secretary of the Interior shall, to the max- resources, based on local conditions, and as Muskie and his colleagues, our children imum extent practicable, coordinate the pro- provided by existing law related to the man- are growing up in a more healthy and mulgation of new regulations and shall pub- agement of Federal land and this title. lish such regulations simultaneously. beautiful America. (b) REPEAL OF EARLIER FINDINGS.—Section Mr. President, I am reminded of the TITLE I—MANAGEMENT OF GRAZING ON 2(a) of the Public Rangelands Improvement FEDERAL LAND Act of 1978 (43 U.S.C. 1901(a)) is amended— Latin epitaph on the tomb of Sir Chris- Subtitle A—General Provisions (1) by striking paragraphs (1), (2), (3), and topher Wren, the architect of St. Paul’s (4); Cathedral. It’s inside the cathedral, SEC. 101. FINDINGS. (a) FINDINGS.—Congress finds that— (2) by redesignating paragraphs (5) and (6) and it says, ‘‘If you would see his me- (1) multiple use, as set forth in current as paragraphs (1) and (2), respectively; morial, look around.’’ law, has been and continues to be a guiding (3) in paragraph (1) (as so redesignated), by So it is with Ed Muskie. If you wish principle in the management of public lands adding ‘‘and’’ at the end; and to see his memorial, look around you: and national forests; (4) in paragraph (2) (as so redesignated)— at the air in our cities; at the Potomac (2) through the cooperative and concerted (A) by striking ‘‘harrassment’’ and insert- efforts of the Federal rangeland livestock in- ing ‘‘harassment’’; and River, or the Cuyahoga; at a cleaner (B) by striking the semicolon at the end environment from Maine to Montana; dustry, Federal and State land management agencies, and the general public, the Federal and inserting a period. at a nation that is more healthy and rangelands are in the best condition they SEC. 102. APPLICATION OF ACT. more beautiful because of his work. have been in during this century, and their (a) This Act applies to— He was a great environmental states- condition continues to improve; (1) the management of grazing on Federal man, and his passing diminishes us. (3) as a further consequence of those ef- land by the Secretary of the Interior under— f forts, populations of wildlife are increasing (A) the Act of June 28, 1934 (commonly and stabilizing across vast areas of the West; known as the ‘‘Taylor Grazing Act’’) (48 THE BAD DEBT BOXSCORE (4) grazing preferences must continue to be Stat. 1269, chapter 865; 43 U.S.C. 315 et seq.); Mr. HELMS. Mr. President, as of the adequately safeguarded in order to promote (B) the Act of August 28, 1937 (commonly close of business yesterday, March 25, the economic stability of the western live- known as the ‘‘Oregon and California Rail- 1996, the Federal debt stood—down-to- stock industry; road and Coos Bay Wagon Road Grant Lands (5) it is in the public interest to charge a Act of 1937’’) (50 Stat. 874, chapter 876; 43 the-penny—at $5,063,054,197,564.33. On a fee for livestock grazing permits and leases U.S.C. 1181a et seq.); per capita basis, every man, woman on Federal land that is based on a formula (C) the Federal Land Policy and Manage- and child in America owes $19,141.70 as that— ment Act of 1976 (43 U.S.C. 1701 et seq.); and his or her share of that debt. (A) reflects a fair return to the Federal (D) the Public Rangelands Improvement f Government and the true costs to the per- Act of 1978 (43 U.S.C. 1901 et seq.); mittee or lessee; and (2) the management of grazing on Federal PUBLIC RANGELANDS (B) promotes continuing cooperative stew- land by the Secretary of Agriculture under— MANAGEMENT ACT ardship efforts; (A) the 12th undesignated paragraph under The text of the bill (S. 1459) to pro- (6) opportunities exist for improving effi- the heading ‘‘SURVEYING THE PUBLIC ciency in the administration of the range LANDS.’’ under the heading ‘‘UNDER THE vide for uniform management of live- programs on Federal land by— DEPARTMENT OF THE INTERIOR.’’ in the stock grazing on Federal land, and for (A) reducing planning and analysis costs first section of the Act of June 4, 1897 (com- other purposes, as passed by the Senate and their associated paperwork, procedural, monly known as the ‘‘Organic Administra- on March 21, 1996, is as follows: and clerical burdens; and tion Act of 1897’’) (30 Stat. 11, 35, chapter 2; S. 1459 (B) refocusing efforts to the direct manage- 16 U.S.C. 551); ment of the resources themselves; (B) the Act of April 24, 1950 (commonly Be it enacted by the Senate and House of Rep- (7) in order to provide meaningful review known as the ‘‘Granger-Thye Act of 1950’’) resentatives of the United States of America in and oversight of the management of the pub- (64 Stat. 85, 88, chapter 97; 16 U.S.C. 580g, Congress assembled, lic rangelands and the grazing allotment on 580h, 580l); SECTION 1. SHORT TITLE. those rangelands, refinement of the report- (C) the Multiple-Use Sustained Yield Act (a) SHORT TITLE.—This title may be cited ing of costs of various components of the of 1960 (16 U.S.C. 528 et seq.); as the ‘‘Public Rangelands Management Act land management program is needed; (D) the Forest and Rangeland Renewable of 1996’’. (8) greater local input into the manage- Resources Planning Act of 1974 (16 U.S.C. 1600 SEC. 2. EFFECTIVE DATE. ment of the public rangelands is in the best et seq.); (a) IN GENERAL.—This Act and the amend- interests of the United States; (E) the National Forest Management Act ments and repeals made by this Act shall be- (9) the western livestock industry that re- of 1976 (16 U.S.C. 472a et seq.); come effective on the date of enactment. lies on Federal land plays an important role (F) the Federal Land Policy and Manage- (b) APPLICABLE REGULATIONS.— in preserving the social, economic, and cul- ment Act of 1976 (43 U.S.C. 1701 et seq.); and (1) Except as provided in paragraph (2), tural base of rural communities in the West- (G) the Public Rangelands Improvement grazing of domestic livestock on lands ad- ern States and further plays an integral role Act of 1978 (43 U.S.C. 1901 et seq.); and ministered by the Chief of the Forest Service in the economies of the 16 contiguous West- (3) management of grazing by the Sec- and the Director of the Bureau of Land Man- ern States with Federal rangelands; retary on behalf of the head of another de- agement, as defined in section 104(11) of this (10) maintaining the economic viability of partment or agency under a memorandum of Act, shall be administered in accordance the western livestock industry is in the best understanding. with the applicable regulations in effect for interest of the United States in order to (b) Nothing in this title shall affect grazing each agency as of February 1, 1995, until such maintain open space and fish and wildlife in any unit of the National Park System, time as the Secretary of Agriculture and the habitat; National Wildlife Refuge System or on any Secretary of the Interior promulgate new (11) since the enactment of the Federal lands that are not Federal lands as defined in regulations in accordance with this Act. Land Policy and Management Act of 1976 (43 this title. (2) Resource Advisory Councils established U.S.C. 1701 et seq.) and the amendment of (c) Nothing in this title shall limit or pre- by the Secretary of the Interior after August section 6 of the Forest and Rangeland Re- clude the use of and access to Federal land 21, 1995, may continue to operate in accord- newable Resources Planning Act of 1974 (16 for hunting, fishing, recreational, watershed

VerDate Aug 31 2005 05:10 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26MR6.REC S26MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2888 CONGRESSIONAL RECORD — SENATE March 26, 1996 management or other appropriate multiple geographic area that require the coordina- (A) means an authorized activity or pro- use activities in accordance with applicable tion and cooperation of the Bureau of Land gram on or relating to rangeland that is de- Federal and State laws and the principles of Management or the Forest Service with af- signed to— multiple use. fected State agencies, private land owners, (i) improve production of forage; (d) Nothing in this title shall affect valid and Federal land users; and (ii) change vegetative composition; existing rights. Section 1323(a) and 1323(b) of (B) may include, but is not limited to prac- (iii) control patterns of use; Public Law 96–487 shall continue to apply to (iv) provide water; nonfederally owned lands. tices that provide for conservation, resource protection, resource enhancement or inte- (v) stabilize soil and water conditions; or SEC. 103. OBJECTIVE. (vi) provide habitat for livestock, wild The objective of this title is to— grated management of multiple-use re- (1) promote healthy, sustained rangeland; sources. horses and burros, and wildlife; and (2) provide direction for the administration (11) FEDERAL LAND.—The term ‘‘Federal (B) includes structures, treatment of livestock grazing on Federal land; land’’— projects, and use of mechanical means to ac- (3) enhance productivity of Federal land by (A) means land outside the State of Alaska complish the goals described in subparagraph conservation of forage resources, reduction that is owned by the United States and ad- (A). of soil erosion, and proper management of ministered by— (19) RANGELAND STUDY.—The term ‘‘range- other resources such as control of noxious (i) the Secretary of the Interior, acting land study’’ means a documented study or species invasion; through the Director of the Bureau of Land analysis of data obtained on actual use, uti- (4) provide stability to the livestock indus- Management; or lization, climatic conditions, other special events, production trend, and resource condi- try that utilizes the public rangeland; (ii) the Secretary of Agriculture, acting tion and trend to determine whether man- (5) emphasize scientific monitoring of through the Chief of the Forest Service in agement objectives are being met, that— trends and condition to support sound range- the 16 contiguous Western States; but (A) relies on the examination of physical land management; (B) does not include— measurements of range attributes and not on (6) maintain and improve the condition of (i) land held in trust for the benefit of Indi- cursory visual scanning of land, unless the riparian areas which are critical to wildlife ans; or condition to be assessed is patently obvious habitat and water quality; and (ii) the National Grasslands as defined in (7) maintain and improve the condition of and requires no physical measurements; section 203. (B) utilizes a scientifically based and Federal land for multiple-use purposes, in- (12) GRAZING PERMIT OR LEASE.—The term cluding but not limited to wildlife and habi- verifiable methodology; and ‘‘grazing permit or lease’’ means a document (C) is accepted by an authorized officer. tat, consistent with land use plans and other authorizing use of the Federal land— objectives of this section. (20) SECRETARY; SECRETARIES.—The terms (A) within a grazing district under section ‘‘Secretary’’ or ‘‘Secretaries’’ mean— SEC. 104. DEFINITIONS. 3 of the Act of June 28, 1934 (commonly IN GENERAL.—In this title: (A) the Secretary of the Interior, in ref- known as the ‘‘Taylor Grazing Act’’) (48 (1) ACTIVE USE.—The term ‘‘active use’’ erence to livestock grazing on Federal land means the amount of authorized livestock Stat. 1270, chapter 865; 43 U.S.C. 315b), for the administered by the Director of the Bureau grazing use made at any time. purpose of grazing livestock; of Land Management; and (2) ACTUAL USE.—The term ‘‘actual use’’ (B) outside grazing districts under section (B) the Secretary of Agriculture, in ref- means the number and kinds or classes of 15 of the Act of June 28, 1934 (commonly erence to livestock grazing on Federal land livestock, and the length of time that live- known as the ‘‘Taylor Grazing Act’’) (48 administered by the Chief of the Forest Serv- stock graze on, an allotment. Stat. 1275, chapter 865; 43 U.S.C. 315m), for ice or the National Grasslands referred to in (3) AFFECTED INTEREST.—The term ‘‘af- the purpose of grazing livestock; or title II. fected interest’’ means an individual or orga- (C) in a national forest under section 19 of (21) SUBLEASE.—The term ‘‘sublease’’ nization that has expressed in writing to the the Act of April 24, 1950 (commonly known as means an agreement by a permittee or lessee Secretary concern for the management of the ‘‘Granger-Thye Act of 1950’’) (64 Stat. 88, that— livestock grazing on a specific allotment, for chapter 97; 16 U.S.C. 5801), for the purposes of (A) allows a person other than the per- the purpose of receiving notice of and the op- grazing livestock. mittee or lessee to graze livestock on Fed- portunity for comment and informal con- (13) GRAZING PREFERENCE.—The term eral land without controlling the base prop- sultation on proposed decisions of the Sec- ‘‘grazing preference’’ means the number of erty supporting the grazing permit or lease; retary affecting the allotment. animal unit months of livestock grazing on or (4) ALLOTMENT.—The term ‘‘allotment’’ Federal land as adjudicated or apportioned (B) allows grazing on Federal land by live- means an area of designated Federal land and attached to base property owned or con- stock not owned or controlled by the per- that includes management for grazing of trolled by a permittee or lessee. mittee or lessee. livestock. (14) LAND BASE PROPERTY.—The term ‘‘land (22) SUSPEND; SUSPENSION.—The terms (5) ALLOTMENT MANAGEMENT PLAN.—The base property’’ means base property de- ‘‘suspend’’ and ‘‘suspension’’ refer to a tem- term ‘‘allotment management plan’’ has the scribed in paragraph (7)(A). porary withholding, in whole or in part, of a same meaning as defined in section 103(k) of (15) LAND USE PLAN.—The term ‘‘land use grazing preference from active use, ordered Public Law 94–579 (43 U.S.C. 1702(k)). plan’’ means— by the Secretary or done voluntarily by a (6) AUTHORIZED OFFICER.—The term ‘‘au- (A) with respect to Federal land adminis- permittee or lessee. thorized officer’’ means a person authorized tered by the Bureau of Land Management, (23) UTILIZATION.—The term ‘‘utilization’’ by the Secretary to administer this title, the one of the following developed in accordance means the percentage of a year’s forage pro- Acts cited in section 102, and regulations with the Federal Land Policy and Manage- duction consumed or destroyed by issued under this title and those Acts. ment Act of 1976 (43 U.S.C. 1701 et seq.)— herbivores. (7) BASE PROPERTY.—The term ‘‘base prop- (i) a resource management plan; or (24) WATER BASE PROPERTY.—The term erty’’ means— (ii) a management framework plan that is ‘‘water base property’’ means base property (A) private land that has the capability of in effect pending completion of a resource described in paragraph (7)(B). producing crops or forage that can be used to management plan; and SEC. 105. FUNDAMENTALS OF RANGELAND support authorized livestock for a specified (B) with respect to Federal land adminis- period of the year; or HEALTH. tered by the Forest Service, a land and re- (B) water that is suitable for consumption source management plan developed in ac- (a) STANDARDS AND GUIDELINES.—The Sec- by livestock and is available to and acces- cordance with section 6 of the Forest and retary shall establish standards and guide- sible by authorized livestock when the land Rangeland Resources Planning Act of 1974 (16 lines for addressing resource condition and is used for livestock grazing. U.S.C. 1604). trend on a State or regional level in con- (8) CANCEL; CANCELLATION.—The terms sultation with the Resource Advisory Coun- ‘‘cancel’’ and ‘‘cancellation’’ refer to a per- (16) LIVESTOCK CARRYING CAPACITY.—The term ‘‘livestock carrying capacity’’ means cils established in section 161, State depart- manent termination, in whole or in part, of— ments of agriculture and other appropriate (A) a grazing permit or lease and grazing the maximum sustainable stocking rate that is possible without inducing long-term dam- State agencies, and academic institutions in preference; or each interested State. Standards and guide- (B) other grazing authorization. age to vegetation or related resources. (17) MONITORING.—The term ‘‘monitoring’’ lines developed pursuant to this subsection (9) CONSULTATION, COOPERATION, AND CO- shall be consistent with the objectives pro- ORDINATION.—The term ‘‘consultation, co- means the orderly collection of data using vided in section 103 and incorporated, by op- operation, and coordination’’ means, for the scientifically-based techniques to determine eration of law, into the applicable land use purposes of this title and section 402(d) of the trend and condition of rangeland resources. plan to provide guidance and direction for Federal Land Policy and Management Act of Data may include historical information, but Federal land managers in the performance of 1976 (43 U.S.C. 1752(d)), engagement in good must be sufficiently reliable to evaluate— faith efforts to reach consensus. (A) effects of ecological changes and man- their assigned duties. (10) COORDINATED RESOURCE MANAGEMENT.— agement actions; and (b) COORDINATED RESOURCE MANAGEMENT.— The term ‘‘coordinated resource manage- (B) effectiveness of actions in meeting The Secretary shall, where appropriate, au- ment’’— management objectives. thorize and encourage the use of coordinated (A) means the planning and implementa- (18) RANGE IMPROVEMENT.—The term resource management practices. Coordinated tion of management activities in a specified ‘‘range improvement’’— resource management practices shall be—

VerDate Aug 31 2005 05:10 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26MR6.REC S26MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 26, 1996 CONGRESSIONAL RECORD — SENATE S2889 (1) scientifically based; (1) evaluates the monitoring data; range improvement under a range improve- (2) consistent with goals and management (2) identifies the unsatisfactory resource ment cooperative agreement shall be shared objectives of the applicable land use plan; conditions and the use or management ac- by the cooperator(s) and the United States in (3) for the purposes of promoting good tivities contributing to such conditions; and proportion to the value of the contributions stewardship and conservation of multiple-use (3) makes recommendations for any modi- (funding, material, and labor) toward the ini- rangeland resources; and fications to management activities, or per- tial cost of construction. (4) authorized under a cooperative agree- mit or lease terms and conditions necessary (B) VALUE OF FEDERAL LAND.—For the pur- ment with a permittee or lessee, or an orga- to meet management objectives. pose of subparagraph (A), only a contribu- nized group of permittees or lessees in a (b) The Secretary shall make copies of the tion to the construction, installation, or specified geographic area. Notwithstanding summary report available to the permittee modification of a permanent rangeland im- the mandatory qualifications required to ob- or lessee, and affected interests, and shall provement itself, and not the value of Fed- tain a grazing permit or lease by this or any allow for a 30-day comment period to coin- eral land on which the improvement is other Act, such agreement may include cide with the 30-day time period provided in placed, shall be taken into account. other individuals, organizations, or Federal section 155. At the end of such comment pe- (4) NONSTRUCTURAL RANGE IMPROVE- land users. riod, the Secretary shall review all com- MENTS.—A range improvement cooperative (c) COORDINATION OF FEDERAL AGENCIES.— ments, and as the Secretary deems nec- agreement shall ensure that the respective Where coordinated resource management in- essary, modify management activities, and parties enjoy the benefits of any non- volves private land, State land, and Federal pursuant to section 134, the permit or lease structural range improvement, such as seed- land managed by the Bureau of Land Man- terms and conditions. ing, spraying, and chaining, in proportion to agement or the Forest Service, the Secre- (c) If the Secretary determines that avail- each party’s contribution to the improve- taries are hereby authorized and directed to able monitoring data are insufficient to ment. enter into cooperative agreements to coordi- make recommendations pursuant to sub- (5) INCENTIVES.—A range improvement co- nate the associated activities of— section (a)(3), the Secretary shall establish a operative agreement shall contain terms and (1) the Bureau of Land Management; reasonable schedule to gather sufficient data conditions that are designed to provide a (2) the Forest Service; pursuant to section 123. Insufficient moni- permittee or lessee an incentive for invest- (3) the Natural Resources Conservation toring data shall not be grounds for the Sec- ing in range improvements. Service; and retary to refuse to issue, renew or transfer a (b) RANGE IMPROVEMENT PERMITS.— (4) State Grazing Districts established grazing permit or lease, or to terminate or (1) APPLICATION.—A permittee or lessee under State law. modify the terms and conditions of an exist- may apply for a range improvement permit (d) RULE OF CONSTRUCTION.—Nothing in ing grazing permit or lease. to construct, install, modify, maintain, or this title or any other law implies that a Subtitle B—Qualifications and Grazing use a range improvement that is needed to minimum national standard or guideline is Preferences achieve management objectives within the necessary. permittee’s or lessee’s allotment. SEC. 111. SPECIFYING GRAZING PREFERENCE. SEC. 106. LAND USE PLANS. (2) FUNDING.—A permittee or lessee shall (a) IN GENERAL.—A grazing permit or lease agree to provide full funding for construc- (a) PRINCIPLE OF MULTIPLE USE AND SUS- shall specify— tion, installation, modification, or mainte- TAINED YIELD.—An authorized officer shall (1) a historical grazing preference; nance of a range improvement covered by a manage livestock grazing on Federal land (2) active use, based on the amount of for- range improvement permit. under the principles of multiple use and sus- age available for livestock grazing estab- (3) AUTHORIZED OFFICER TO ISSUE.—A range tained yield and in accordance with applica- lished in the land use plan; improvement permit shall be issued at the ble land use plans. (3) suspended use; and discretion of the authorized officer. (b) CONTENTS OF LAND USE PLAN.—With re- (4) voluntary and temporary nonuse. (4) TITLE.—Title to an authorized perma- spect to grazing administration, a land use (b) ATTACHMENT OF GRAZING PREFERENCE.— nent range improvement under a range im- plan shall— A grazing preference identified in a grazing provement permit shall be in the name of the (1) consider the impacts of all multiple permit or lease shall attach to the base prop- permittee or lessee. uses, including livestock and wildlife graz- erty supporting the grazing permit or lease. (5) CONTROL.—The use by livestock of stock ing, on the environment and condition of (c) ATTACHMENT OF ANIMAL UNIT MONTHS.— ponds or wells authorized by a range im- public rangelands, and the contributions of The animal unit months of a grazing pref- provement permit shall be controlled by the these uses to the management, maintenance erence shall attach to— permittee or lessee holding a range improve- and improvement of such rangelands; (1) the acreage of land base property on a ment permit. (2) establish available animal unit months pro rata basis; or (c) ASSIGNMENT OF RANGE IMPROVEMENTS.— for grazing use, related levels of allowable (2) water base property on the basis of live- An authorized officer shall not approve the grazing use, resource condition goals, and stock forage production within the service transfer of a grazing preference, or approve management objectives for the Federal land area of the water. covered by the plan; and use by the transferee of existing range im- (3) set forth programs and general manage- Subtitle C—Grazing Management provements unless the transferee has agreed ment practices needed to achieve the pur- SEC. 121. ALLOTMENT MANAGEMENT PLANS. to compensate the transferor for the trans- poses of this title. If the Secretary elects to develop or revise feror’s interest in the authorized permanent (c) APPLICATION OF NEPA.—Land use plans an allotment management plan for a given improvements within the allotment as of the and amendments thereto shall be developed area, he shall do so in careful and considered date of the transfer. in conformance with the requirements of the consultation, cooperation, and coordination SEC. 123. MONITORING AND INSPECTION. National Environmental Policy Act of 1969 with the lessees, permittees, and landowners (a) MONITORING.—Monitoring of resource (42 U.S.C. 4321 et seq.). involved, the grazing advisory councils es- condition and trend of Federal land on an al- (d) CONFORMANCE WITH LAND USE PLAN.— tablished pursuant to section 162, and any lotment shall be performed by qualified per- Livestock grazing activities, management State or States having lands within the area sons approved by the Secretary, including actions and decisions approved by the au- to be covered by such allotment manage- but not limited to Federal, State, or local thorized officer, including the issuance, re- ment plan. The Secretary shall provide for government personnel, consultants, and newal, or transfer of grazing permits or public participation in the development or grazing permittees or lessees. leases, shall not constitute major Federal ac- revision of an allotment management plan as (b) INSPECTION.—Inspection of a grazing al- tions requiring consideration under the Na- provided in section 155. lotment shall be performed by qualified Fed- tional Environmental Policy Act of 1969 (42 SEC. 122. RANGE IMPROVEMENTS. eral, State or local agency personnel, or U.S.C. 4321 et seq.) in addition to that which (a) RANGE IMPROVEMENT COOPERATIVE qualified consultants retained by the United is necessary to support the land use plan, AGREEMENTS.— States. and amendments thereto. (1) IN GENERAL.—The Secretary may enter (c) MONITORING CRITERIA AND PROTOCOLS.— (e) Nothing in this section is intended to into a cooperative agreement with a per- Rangeland monitoring shall be conducted ac- override the planning and public involve- mittee or lessee for the construction, instal- cording to regional or State criteria and pro- ment processes of any other Federal law per- lation, modification, removal, or use of a tocols that are scientifically based. Criteria taining to Federal lands. permanent range improvement or develop- and protocols shall be developed by the Sec- SEC. 107. REVIEW OF RESOURCE CONDITION. ment of a rangeland to achieve a manage- retary in consultation with the Resource Ad- (a) Upon the issuance, renewal, or transfer ment or resource condition objective. visory Councils established in section 161, of a grazing permit or lease, and at least (2) COST-SHARING.—A range improvement State departments of agriculture and other once every six (6) years, the Secretary shall cooperative agreement shall specify how the appropriate State agencies, and academic in- review all available monitoring data for the costs or labor, or both, shall be shared be- stitutions in each interested State. affected allotment. If the Secretary’s review tween the United States and the other par- (d) OVERSIGHT.—The authorized officer indicates that the resource condition is not ties to the agreement. shall provide sufficient oversight to ensure meeting management objectives, then the (3) TITLE.— that all monitoring is conducted in accord- Secretary shall prepare a brief summary re- (A) IN GENERAL.—Subject to valid existing ance with criteria and protocols established port which— rights, title to an authorized structural pursuant to subsection (c).

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(e) NOTICE.—In conducting monitoring ac- lease: Provided, That the grazing preference (d) OTHER FEES AND CHARGES.— tivities, the Secretary shall provide reason- associated with such base property is trans- (1) CROSSING PERMITS, TRANSFERS, AND able notice of such activities to permittees ferred to the person controlling the leased or BILLING NOTICES.—A service charge shall be or lessees, including prior notice to the ex- subleased base property. assessed for each crossing permit, transfer of tent practicable of not less than 48 hours. SEC. 133. OWNERSHIP AND IDENTIFICATION OF grazing preference, and replacement or sup- Prior notice shall not be required for the LIVESTOCK. plemental billing notice except in a case in purposes of inspections, if the authorized of- (a) IN GENERAL.—A permittee or lessee which the action is initiated by the author- ficer has substantial grounds to believe that shall own or control and be responsible for ized officer. a violation of this or any other Act is occur- the management of the livestock that graze (2) AMOUNT OF FLPMA FEES AND CHARGES.— ring on the allotment. the Federal land under a grazing permit or The fees and charges under section 304(a) of SEC. 124. WATER RIGHTS. lease. the Federal Land Policy and Management (a) IN GENERAL.—No water rights on Fed- (b) MARKING OR TAGGING.—An authorized Act of 1976 (43 U.S.C. 1734(a)) shall reflect eral land shall be acquired, perfected, owned, officer shall not impose any marking or tag- processing costs and shall be adjusted peri- controlled, maintained, administered, or ging requirement in addition to the require- odically as costs change. transferred in connection with livestock ment under State law. (3) NOTICE OF CHANGE.—Notice of a change grazing management other than in accord- SEC. 134. TERMS AND CONDITIONS. in a service charge shall be published in the ance with State law concerning the use and (a) IN GENERAL.— Federal Register. appropriation of water within the State. (1) The authorized officer shall specify the (e) CRITERIA FOR ERS.— (b) STATE LAW.—In managing livestock kind and number of livestock, the period(s) (1) The Economic Research Service of the grazing on Federal land, the Secretary shall of use, the allotment(s) to be used, and the Department of Agriculture shall continue to follow State law with regard to water right amount of use (stated in animal unit compile and report the gross value of produc- ownership and appropriation. months) in a grazing permit or lease. tion of beef cattle, on a dollars-per-bred-cow (c) AUTHORIZED USE OR TRANSPORT.—The (2) A grazing permit or lease shall be sub- basis for the United States, as is currently Secretary cannot require permittees or les- ject to such other reasonable terms or condi- published by the Service in: ‘‘Economic Indi- sees to transfer or relinquish all or a portion tions as may be necessary to achieve the ob- cators of the Farm Sector: Cost of Produc- of their water right to another party, includ- jectives of this title, or as contained in an tion—Major Field Crops and Livestock and ing but not limited to the United States, as approved allotment management plan. Dairy’’ (Cow-calf production cash costs and a condition to granting a grazing permit or (3) No term or condition of a grazing per- returns). lease, range improvement cooperative agree- mit or lease shall be imposed pertaining to (2) For the purposes of determining the ment or range improvement permit. past practice or present willingness of an ap- grazing fee for a given grazing fee year, the (d) RULE OF CONSTRUCTION.—Nothing in plicant, permittee or lessee to relinquish gross value of production (as described this title shall be construed to create an ex- control of public access to Federal land above) for the previous calendar year shall pressed or implied reservation of water across private land. be made available to the Secretary of the In- rights in the United States. (4) The authorized officer shall ensure that terior and the Secretary of Agriculture, and (e) VALID EXISTING RIGHTS.—Nothing in a grazing permit or lease will be consistent published in the Federal Register, on or be- this Act shall affect valid existing water with appropriate standards and guidelines fore February 15 of each year. rights. developed pursuant to section 105 as are ap- SEC. 136. USE OF STATE SHARE OF GRAZING Subtitle D—Authorization of Grazing Use propriate to the permit or lease. FEES. SEC. 131. GRAZING PERMITS OR LEASES. (b) MODIFICATION.—Following careful and Section 10 of the Act of June 28, 1934 (com- (a) TERMS.—A grazing permit or lease shall considered consultation, cooperation, and co- monly known as the ‘‘Taylor Grazing Act’’) be issued for a term of 12 years unless— ordination with permittees and lessees, an (43 U.S.C. 315i) is amended— (1) the land is pending disposal; authorized officer shall modify the terms and (1) in subsection (a), by striking ‘‘for the (2) the land will be devoted to a public pur- conditions of a grazing permit or lease if benefit of’’ and inserting ‘‘in a manner that pose that precludes grazing prior to the end monitoring data show that the grazing use is will result in direct benefit to, improved ac- of 12 years; or not meeting the management objectives es- cess to, or more effective management of the (3) the Secretary determines that it would tablished in a land use plan or allotment rangeland resources in’’; be in the best interest of sound land manage- management plan, and if modification of (2) at the end of subsection (a), by striking ment to specify a shorter term, if the deci- such terms and conditions is necessary to ‘‘;’’ and inserting ‘‘: Provided further, that no sion to specify a shorter term is supported meet specific management objectives. such moneys shall be expended for litigation by appropriate and accepted resource anal- SEC. 135. FEES AND CHARGES. purposes;’’; ysis and evaluation, and a shorter term is de- (a) GRAZING FEES.—The fee for each animal (3) in subsection (b), by striking ‘‘for the termined to be necessary, based upon moni- unit month in a grazing fee year to be deter- benefit of’’ and inserting ‘‘in a manner that toring information, to achieve resource con- mined by the Secretary shall be equal to the will result in direct benefit to, improved ac- dition goals and management objectives. three-year average of the total gross value of cess to, or more effective management of the (b) RENEWAL.—A permittee or lessee hold- production for beef cattle for the three years rangeland resources in’’; ing a grazing permit or lease shall be given preceding the grazing fee year, multiplied by (4) at the end of subsection (b), by striking first priority at the end of the term for re- the 10-year average of the United States ‘‘.’’ and inserting ‘‘: Provided further, That no newal of the grazing permit or lease if— Treasury Securities 6-month bill ‘‘new issue’’ such moneys shall be expended for litigation (1) the land for which the grazing permit or rate, and divided by 12. The gross value of purposes.’’. lease is issued remains available for domes- production for beef cattle shall be deter- Subtitle E—Unauthorized Grazing Use tic livestock grazing; mined by the Economic Research Service of SEC. 141. NONMONETARY SETTLEMENT. (2) the permittee or lessee is in compliance the Department of Agriculture in accordance An authorized officer may approve a non- with this title and the terms and conditions with subsection (e)(1). monetary settlement of a case of a violation of the grazing permit or lease; and (b) DEFINITION OF ANIMAL UNIT MONTH.— described in section 141 if the authorized offi- (3) the permittee or lessee accepts the For the purposes of billing only, the term cer determines that each of the following terms and conditions included by the author- ‘‘animal unit month’’ means one month’s use conditions is satisfied: ized officer in the new grazing permit or and occupancy of range by— (1) NO FAULT.—Evidence shows that the un- lease. (1) one cow, bull, steer, heifer, horse, burro, authorized use occurred through no fault of SEC. 132. SUBLEASING. or mule, seven sheep, or seven goats, each of the livestock operator. (a) IN GENERAL.—The Secretary shall only which is six months of age or older on the (2) INSIGNIFICANCE.—The forage use is in- authorize subleasing of a Federal grazing date on which the animal begins grazing on significant. permit or lease, in whole or in part— Federal land; (3) NO DAMAGE.—Federal land has not been (1) if the permittee or lessee is unable to (2) any such animal regardless of age if the damaged. make full grazing use due to ill health or animal is weaned on the date on which the (4) BEST INTERESTS.—Nonmonetary settle- death; or animal begins grazing on Federal land; and ment is in the best interests of the United (2) under a cooperative agreement with a (3) any such animal that will become 12 States. grazing permittee or lessee (or group of graz- months of age during the period of use au- SEC. 142. IMPOUNDMENT AND SALE. ing permittees or lessees), pursuant to sec- thorized under a grazing permit or lease. Any impoundment and sale of unauthor- (c) LIVESTOCK NOT COUNTED.—There shall tion 105(b). ized livestock on Federal land shall be con- (b) CONSIDERATIONS.— not be counted as an animal unit month the ducted in accordance with State law. (1) Livestock owned by a spouse, child, or use of Federal land for grazing by an animal grandchild of a permittee or lessee shall be that is less than six months of age on the Subtitle F—Procedure considered as owned by the permittee or les- date on which the animal begins grazing on SEC. 151. PROPOSED DECISIONS. see for the sole purposes of this title. Federal land and is the natural progeny of an (a) SERVICE ON APPLICANTS, PERMITTEES, (2) Leasing or subleasing of base property, animal on which a grazing fee is paid if the LESSEES, AND LIENHOLDERS.—The authorized in whole or in part, shall not be considered animal is removed from the Federal land be- officer shall serve, by certified mail or per- as subleasing of a Federal grazing permit or fore becoming 12 months of age. sonal delivery, a proposed decision on any

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PUBLIC PARTICIPATION AND CON- not limited to, permittees and lessees, other agent of record of the applicant, permittee, SULTATION. commercial interests, recreational users, lessee, or lienholder) that is affected by— (a) GENERAL PUBLIC.—The Secretary shall representatives of recognized local environ- (1) a proposed action on an application for provide for public participation, including a mental or conservation organizations, edu- a grazing permit or lease, or range improve- reasonable opportunity to comment, on— cational, professional, or academic interests, ment permit; or (1) land use plans and amendments thereto; representatives of State and local govern- (2) a proposed action relating to a term or and ment or governmental agencies, Indian condition of a grazing permit or lease, or a (2) development of standards and guide- tribes, and other members of the affected range improvement permit. lines to provide guidance and direction for public. (b) NOTIFICATION OF AFFECTED INTERESTS.— Federal land managers in the performance of (3) The Secretaries shall appoint at least The authorized officer shall send copies of a their assigned duties. one elected official of general purpose gov- proposed decision to affected interests. (b) AFFECTED INTERESTS.—At least 30 days ernment serving the people of the area of (c) CONTENTS.—A proposed decision de- prior to the issuance of a final decision, the each Resource Advisory Council. scribed in subsection (a) shall— Secretary shall notify affected interests of (4) No person may serve concurrently on (1) state reasons for the action, including such proposed decision, and provide a reason- more than one Resource Advisory Council. reference to applicable law (including regula- able opportunity for comment and informal (5) Members of a Resource Advisory Coun- tions); consultation regarding the proposed decision cil must reside in one of the States within (2) be based upon, and supported by range- within such 30-day period, for— the geographic jurisdiction of the council. land studies, where appropriate; and (1) the designation or modification of allot- (e) SUBGROUPS.—A Resource Advisory (3) state that any protest to the proposed ment boundaries; Council may establish such subgroups as the decision must be filed not later than 30 days (2) the development, revision, or termi- council deems necessary, including but not after service. nation of allotment management plans; limited to working groups, technical review (3) the increase or decrease of permitted teams, and rangeland resource groups. SEC. 152. PROTESTS. use; (f) TERMS.—Resource Advisory Council An applicant, permittee, or lessee may pro- (4) the issuance, renewal, or transfer of members shall be appointed for two-year test a proposed decision under section 151 in grazing permits or leases; terms. Members may be appointed to addi- writing to the authorized officer within 30 (5) the modification of terms and condi- tional terms at the discretion of the Secre- days after service of the proposed decision. tions of permits or leases; taries. SEC. 153. FINAL DECISIONS. (6) reports evaluating monitoring data for (g) FEDERAL ADVISORY COMMITTEE ACT.— (a) NO PROTEST.—In the absence of a time- a permit or lease; and Except to the extent that it is inconsistent ly filed protest, a proposed decision de- (7) the issuance of temporary non-renew- with this subtitle, the Federal Advisory scribed in section 151(a) shall become the able use permits. Committee Act shall apply to the Resource Advisory Councils established under this sec- final decision of the authorized officer with- Subtitle G—Advisory Committees out further notice. tion. SEC. 161. RESOURCE ADVISORY COUNCILS. (b) RECONSIDERATION.—If a protest is time- (h) OTHER FLPMA ADVISORY COUNCILS.— (a) ESTABLISHMENT.—The Secretary of Ag- ly filed, the authorized officer shall recon- Nothing in this section shall be construed as riculture and the Secretary of the Interior, sider the proposed decision in light of the modifying the authority of the Secretaries in consultation with the Governors of the af- protestant’s statement of reasons for protest to establish other advisory councils under fected States, shall establish and operate and in light of other information pertinent section 309 of the Federal Land Policy and joint Resource Advisory Councils on a State to the case. Management Act of 1976 (43 U.S.C. 1739). or regional level to provide advice on man- (i) STATE GRAZING DISTRICTS.—Resource (c) SERVICE AND NOTIFICATION.—After re- agement issues for all lands administered by Advisory Councils shall coordinate and co- viewing the protest, the authorized officer the Bureau of Land Management and the operate with State Grazing Districts estab- shall serve a final decision on the parties to Forest Service within such State or regional lished pursuant to State law. the proceeding, and notify affected interests area, except where the Secretaries determine of the final decision. SEC. 162. GRAZING ADVISORY COUNCILS. that there is insufficient interest in partici- (a) ESTABLISHMENT.—The Secretary, in SEC. 154. APPEALS. pation on a council to ensure that member- consultation with the Governor of the af- (a) IN GENERAL.—Any person whose inter- ship can be fairly balanced in terms of the fected State and with affected counties, shall est is adversely affected by a final decision points of view represented and the functions appoint not fewer than five nor more than of an authorized officer, within the meaning to be performed. nine persons to serve on a Grazing Advisory of section 702 of title 5, United States Code, (b) DUTIES.—Each Resource Advisory Coun- Council for each district and each national may appeal the decision within 30 days after cil shall advise the Secretaries and appro- forest within the 16 contiguous Western the receipt of the decision, or within 60 days priate State officials on— States having jurisdiction over more than after the receipt of a proposed decision if fur- (1) matters regarding the preparation, 500,000 acres of public lands subject to com- ther notice of a final decision is not required amendment, and implementation of land use mercial livestock grazing. The Secretaries under this title, pursuant to applicable laws and activity plans for public lands and re- may establish joint Grazing Advisory Coun- and regulations governing the administra- sources within its area; and cils wherever practicable. tive appeals process of the agency serving (2) major management decisions while (b) DUTIES.—The duties of Grazing Advi- the decision. Being an affected interest as working within the broad management ob- sory Councils established pursuant to this described in section 104(3) shall not in and of jectives established for the district or na- section shall be to provide advice to the Sec- itself confer standing to appeal a final deci- tional forest. retary concerning management issues di- sion upon any individual or organization. (c) DISREGARD OF ADVICE.— rectly related to the grazing of livestock on (b) SUSPENSION PENDING APPEAL.— (1) REQUEST FOR RESPONSE.—If a Resource public lands, including— (1) IN GENERAL.—An appeal of a final deci- Advisory Council becomes concerned that its (1) range improvement objectives; sion shall suspend the effect of the decision advice is being arbitrarily disregarded, the (2) the expenditure of range improvement pending final action on the appeal unless the Resource Advisory Council may, by majority or betterment funds under the Public Range- decision is made effective pending appeal vote of its members, request that the Secre- lands Improvement Act of 1978 (43 U.S.C. 1901 under paragraph (2). taries respond directly to the Resource Advi- et seq.) or the Taylor Grazing Act (43 U.S.C. (2) EFFECTIVENESS PENDING APPEAL.—The sory Council’s concerns within 60 days after 315 et seq.); authorized officer may place a final decision the Secretaries receive the request. (3) developing and implementation of graz- in full force and effect in an emergency to (2) EFFECT OF RESPONSE.—The response of ing management programs; and stop resource deterioration or economic dis- the Secretaries to a request under paragraph (4) range management decisions and ac- tress, if the authorized officer has substan- (1) shall not— tions at the allotment level. tial grounds to believe that resource deterio- (A) constitute a decision on the merits of (c) DISREGARD OF ADVICE.— ration or economic distress is imminent. any issue that is or might become the sub- (1) REQUEST FOR RESPONSE.—If a Grazing Full force and effect decisions shall take ef- ject of an administrative appeal; or Advisory Council becomes concerned that its fect on the date specified, regardless of an (B) be subject to appeal. advice is being arbitrarily disregarded, the appeal. (d) MEMBERSHIP.— Grazing Advisory Council may, by unani- (c) In the case of an appeal under this sec- (1) The Secretaries, in consultation with mous vote of its members, request that the tion, the authorized officer shall, within 30 the Governor of the affected State or States, Secretary respond directly to the Grazing days of receipt, forward the appeal, all docu- shall appoint the members of each Resource Advisory Council’s concerns within 60 days ments and information submitted by the ap- Advisory Council. A council shall consist of after the Secretary receives the request. plicant, permittee, lessee, or lienholder, and not less than nine members and not more (2) EFFECT OF RESPONSE.—The response of any pertinent information that would be use- than fifteen members. the Secretary to a request under paragraph ful in the rendering of a decision on such ap- (2) In appointing members to a Resource (1) shall not— peal, to the appropriate authority respon- Advisory Council, the Secretaries shall pro- (A) constitute a decision on the merits of sible for issuing the final decision on the ap- vide for balanced and broad representation any issue that is or might become the sub- peal. from among various groups, including but ject of an administrative appeal; or

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(B) be subject to appeal. (b) REPEAL.—Section 403 of the Federal policies and plans, and land conservation (d) MEMBERSHIP.—The members of a Graz- Land Policy and Management Act of 1976 (43 programs for the National Grasslands. ing Advisory Council established pursuant to U.S.C. 1753) is repealed. (c) GRAZING ACTIVITIES.—In furtherance of this section shall represent permittees, les- Subtitle H—Reports sees, affected landowners, social and eco- the purposes of this title, the Secretary shall SEC. 171. REPORTS. nomic interests within the district or na- administer grazing permits and implement (a) IN GENERAL.—Not later than March 1, tional forest, and elected State or county of- grazing management decisions in consulta- 1997, and annually thereafter, the Secretaries tion, cooperation, and coordination with ficers. All members shall have a dem- shall submit to Congress a report that con- onstrated knowledge of grazing management local grazing associations and other grazing tains— permit holders. and range improvement practices appro- (1) an itemization of revenues received and priate for the region, and shall be residents costs incurred directly in connection with (d) REGULATIONS.—The Secretary shall pro- of a community within or adjacent to the the management of grazing on Federal land; mulgate regulations to manage and protect district or national forest, or control a per- and the National Grasslands, taking into account mit or lease within the same area. Members (2) recommendations for reducing adminis- the unique characteristics of the National shall be appointed by the Secretary for a trative costs and improving the overall effi- Grasslands and grasslands agriculture con- term of two years, and may be appointed for ciency of Federal rangeland management. ducted under the Bankhead-Jones Farm Ten- additional consecutive terms. The member- (b) ITEMIZATION.—If the itemization of ant Act (7 U.S.C. 1010). Such regulations ship of Grazing Advisory Councils shall be costs under subsection (a)(1) includes any shall facilitate the efficient administration equally divided between permittees or les- costs incurred in connection with the imple- sees, and other interests: Provided, That one of grazing and provide protection for the en- mentation of any law other than a statute vironment, wildlife, wildlife habitat, and elected State or county officer representing cited in section 102, the Secretaries shall in- the people of an area within the district or Federal lands equivalent to that on the Na- dicate with specificity the costs associated tional Grasslands on the day prior to the national forest shall be appointed to create with implementation of each such statute. an odd number of members: Provided further, date of enactment of this Act. Title II—Management of National Grasslands That permittees or lessees appointed as (e) CONFORMING AMENDMENT TO BANKHEAD- SEC. 201. SHORT TITLE. members of each Grazing Advisory Council JONES ACT.—Section 31 of the Bankhead- shall be recommended to the Secretary by This title may be cited as the ‘‘National Grasslands Management Act of 1996’’. Jones Farm Tenant Act (7 U.S.C. 1010) is the permittees or lessees of the district or amended to read as follows: national forest through an election con- SEC. 202. FINDINGS AND PURPOSE. ducted under rules and regulations pre- (a) FINDINGS.—The Congress finds that— ‘‘To accomplish the purposes of title III of scribed by the Secretary. (1) the inclusion of the National Grasslands this Act, the Secretary is authorized and di- (e) FEDERAL ADVISORY COMMITTEE ACT.— within the National Forest System has pre- rected to develop a separate program of land Except to the extent that it is inconsistent vented the Secretary of Agriculture from ef- conservation and utilization for the National with this subtitle, the Federal Advisory fectively administering and promoting grass- Grasslands, in order thereby to correct mal- Committee Act shall apply to the Grazing land agriculture on National Grasslands as adjustments in land use, and thus assist in Advisory Councils established pursuant to originally intended under the Bankhead- promoting grassland agriculture and secure this section. Jones Farm Tenant Act; occupancy and economic stability of farms (f) STATE GRAZING DISTRICTS.—Grazing Ad- (2) the National Grasslands can be more ef- and ranches, controlling soil erosion, refor- visory Councils shall coordinate and cooper- fectively managed by the Secretary of Agri- estation, preserving and protecting natural ate with State Grazing Districts established culture if administered as a separate entity resources, protecting fish and wildlife and pursuant to State law. outside of the National Forest System; and their habitat, developing and protecting rec- SEC. 163. GENERAL PROVISIONS. (3) a grazing program on National Grass- reational opportunities and facilities, miti- (a) DEFINITION OF DISTRICT.—For the pur- lands can be responsibly carried out while gating floods, preventing impairment of poses of this subtitle, the term ‘‘district’’ protecting and preserving sporting, rec- dams and reservoirs, developing energy re- means— reational, environmental, and other multiple sources, conserving surface and subsurface (1) a grazing district administered under uses of the National Grasslands. moisture, protecting the watersheds of navi- section 3 of the Act of June 28, 1934 (com- (b) PURPOSE.—The purpose of this title is gable streams, and protecting the public monly known as the ‘‘Taylor Grazing Act’’) to provide for improved management and lands, health, safety and welfare, but not to (48 Stat. 1270, chapter 865; 43 U.S.C. 315b); or more efficient administration of grazing ac- build industrial parks or commercial enter- (2) other lands within a State boundary tivities on National Grasslands while pre- prises.’’. which are eligible for grazing pursuant to serving and protecting multiple uses of such section 15 of the Act of June 28, 1934 (com- lands, including but not limited to pre- (f) SPORTSMEN’S HUNTING AND FISHING, AND monly known as the ‘‘Taylor Grazing Act’’) serving sportmen’s hunting and fishing and OTHER RECREATIONAL ACTIVITIES.—Nothing (48 Stat. 1270, chapter 865; 43 U.S.C. 315m). other recreational activities, and protecting in this title shall be construed as limiting or (b) TERMINATION OF SERVICE.—The Sec- wildlife habitat in accordance with applica- precluding sportsmen’s hunting or fishing retary may, after written notice, terminate ble laws. activities on National Grasslands in accord- the service of a member of an advisory com- SEC. 203. DEFINITIONS. ance with applicable Federal and State laws, mittee if— As used in this title, the term— nor shall appropriate recreational activities (1) the member— (1) ‘‘National Grasslands’’ means those be limited or precluded. (A) no longer meets the requirements areas managed as National Grasslands by the (g) VALID EXISTING RIGHTS.— under which appointed; Secretary of Agriculture under title III of (1) IN GENERAL.—Nothing in this title shall (B) fails or is unable to participate regu- the Bankhead-Jones Farm Tenant Act (7 affect valid existing rights, reservations, larly in committee work; or U.S.C. 1010–1012) on the day before the date of agreements, or authorizations. Section (C) has violated Federal law (including a enactment of this title; and 1323(a) of Public Law 96–487 shall continue to regulation); or (2) ‘‘Secretary’’ means the Secretary of Ag- apply to non-Federal land and interests (2) in the judgment of the Secretary, ter- riculture. therein within the boundaries of the Na- mination is in the public interest. SEC. 204. REMOVAL OF NATIONAL GRASSLANDS tional Grasslands. (c) COMPENSATION AND REIMBURSEMENT OF FROM NATIONAL FOREST SYSTEM. EXPENSES.—A member of an advisory com- Section 11(a) of the Forest Rangeland Re- (2) INTERIM USE AND OCCUPANCY.— mittee established under sections 161 and 162 newable Resource Planning Act of 1974 (16 (A) Until such time as regulations con- shall not receive any compensation in con- U.S.C. 1609(a)) is amended by striking the cerning the use and occupancy of the Na- nection with the performance of the mem- phrase ‘‘the national grasslands and land uti- tional Grasslands are promulgated pursuant ber’s duties as a member of the advisory lization projects administered under title III to this title, the Secretary shall regulate the committee, but shall be reimbursed for trav- of the Bankhead-Jones Farm Tenant Act (50 use and occupancy of such lands in accord- el and per diem expenses only while on offi- Stat. 525, 7 U.S.C. 1010–1012),’’. ance with regulations applicable to such cial business, as authorized by section 5703 of SEC. 205. MANAGEMENT OF NATIONAL GRASS- lands on May 25, 1995, to the extent prac- title 5, United States Code. LANDS. ticable and consistent with the provisions of SEC. 164. CONFORMING AMENDMENT AND RE- (a) IN GENERAL.—The Secretary, acting this Act. PEAL. through the Chief of the Forest Service, (B) Any applications for National Grass- (a) AMENDMENT.—The third sentence of shall manage the National Grasslands as a lands use and occupancy authorizations sub- section 402(d) of the Federal Land Policy and separate entity in accordance with this title mitted prior to the date of enactment of this Management Act of 1976 (43 U.S.C. 1752(d)) is and the provisions and multiple use purposes Act, shall continue to be processed without amended by striking ‘‘district grazing advi- of title III of the Bankhead-Jones Farm Ten- interruption and without reinitiating any sory boards established pursuant to section ant Act (7 U.S.C. 1010–1012). processing activity already completed or 403 of the Federal Land Policy and Manage- (b) CONSULTATION.—The Secretary shall begun prior to such date. ment Act (43 U.S.C. 1753)’’ and inserting ‘‘Re- provide timely opportunities for consulta- SEC. 206. FEES AND CHARGES. source Advisory Councils and Grazing Advi- tion and cooperation with interested State sory Councils established under section 161 and local government entities, and other in- Fees and charges for grazing on the Na- and section 162 of the Public Rangelands terested individuals and organizations in the tional Grasslands shall be determined in ac- Management Act of 1996’’. development and implementation of land use cordance with section 135, except that the

VerDate Aug 31 2005 05:10 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26MR6.REC S26MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 26, 1996 CONGRESSIONAL RECORD — SENATE S2893 Secretary may adjust the amount of a graz- with the Spanish-American War to the ment, this bill will allow the trust ing fee to compensate for approved conserva- Civil War, World War I, and of course, (made up of private sector real estate tion practices expenditures. World War II. The Presidio served also and finance experts) and the Park f as a refuge for an estimated 16,000 peo- Service to manage what they manage PRESIDIO PROPERTIES ple after the great earthquake and fire best, thereby eliminating costly bu- ADMINISTRATION ACT OF 1995 of 1906, and was the very first Army reaucratic blunders. If the bill is en- The PRESIDING OFFICER. The airfield established in the Nation in acted, the Presidio will be the only clerk will report the pending business. 1921. unit of the National Park System, that Mr. President, the history of this na- The legislative clerk read as follows: will cost significantly less in 10 years tional historic landmark is indeed dis- than it costs today. A bill (H.R. 1296) to provide for the admin- tinguished and celebrated. I comment istration of certain Presidio properties at a Mr. President, as I mentioned, I had minimal cost to the Federal taxpayer. on it to describe to my colleagues the unique nature of this site and thus to the opportunity to tour the base facili- The Senate resumed consideration of ties in San Francisco, as well as meet the bill. explain the particulars of the legisla- tion it requires. with the various interest groups last Pending: Murkowski modified amendment For the past 7 years, since the Base fall. While there were some differences No. 3564, in the nature of a substitute. Closure and Realignment Commission on what the legislation affecting the AMENDMENT NO. 3564, AS MODIFIED [BRAC] included the Presidio on its list Presidio should include, the groups Mr. CAMPBELL. Mr. President, I rise of bases to be closed, the fate of the were unanimous in their belief that the today in support of my substitute Presidio has been somewhat uncertain. base should remain as a unit of the Na- amendment for the Presidio bill, of- When the National Park Service took tional Park System. People expressed fered in conjunction with the Senator control of the post in 1994, along with real fears that there was a movement from Alaska and the majority leader. the addition of one of the most glorious to sell the Presidio to a private devel- Many people have been waiting a long parks to the system, the Park Service oper, and I stated, at the time, that a time for this bill. I know the Senators was faced with one of their most com- sale would happen, ‘‘over my dead from California and Congresswoman plex and challenging management body.’’ Many of my colleagues feel the PELOSI have put a great deal of time problems. same way. and energy into this legislation, as Aside from its spectacular natural This bill will not enable private in- have the staff from the Energy Com- beauty, the Presidio is unlike any terests to develop swank upscale mittee and personal offices. In our ef- other national park. Scattered condos, or private dining clubs. This forts to try to reach consensus on all throughout the grounds are over 1,200 bill will cater only to the interests of levels, we have managed to craft a bill residential units, more than 6.2 million all Americans, by protecting the in- that will provide enough balance and square feet of building space, and doz- valuable cultural, historic, and natural flexibility to incorporate all points of ens of miles of paved roads. Because of resources of the Presidio for this gen- view. This bill offers a unique, creative the nature of the historic facilities, the eration and generations to come. It is and innovative approach to provide for cost of maintenance and management quite simply a good government ap- the long-term protection and preserva- of this site is a whopping $25 million a proach that strikes a balance with the tion of one of our Nation’s greatest cul- year, making it our most expensive na- fiscal realities of our time with the tural, historical, and natural treasures. tional park. Faced with the fiscal reali- need for continued conservation and When I was a college student at San ties that we, in the Federal Govern- preservation. I urge my colleagues to Jose State University, my buddies and ment, must confront, the question that I would often take off for the weekend was posed to Congress was this: How support this worthy piece of legisla- to ‘‘the city.’’ One of my favorite can we continue to protect and pre- tion. places back then was the Presidio, and serve the Presidio for the benefit of all Mr. DOLE. Mr. President, what is the I spent a lot of time exploring the bat- Americans without draining the al- pending business? teries and bunkers along the coast. It ready limited reserves of the National The PRESIDING OFFICER. The is just a spectacular site, situated on Park Service? pending business is the substitute to the threshold of the Golden Gate Mr. President, I believe the sub- H.R. 1296. Bridge, overlooking the entire bay stitute amendment offered by Senators Mr. DOLE. Presidio properties bill, is area. Last fall, I had the opportunity DOLE and MURKOWSKI and myself an- to visit the Presidio, and found that swers this question and in so doing, that correct? the base had changed very little in the strikes the balance that we are all The PRESIDING OFFICER. That is years since I was a college student at looking for. correct. San Jose. The bill before us today establishes a Mr. DOLE. As I understand, I do not There is something very special mechanism that will reduce the need know how many different projects are about the Presidio. The natural beau- for appropriations to operate the Pre- involved here, but they are all related ty, as well as the impressive history of sidio. Rather than seeing the infra- and come from the Energy and Natural the site captivated me 40 years ago, structure in the Presidio as obstacles Resources Committee. I understand the and continues to captivate millions of to the preservation of the park, this Senator from Massachusetts would like tourists, locals, and even some politi- bill will utilize these buildings to gen- to add to that the minimum wage cians today. erate revenues that will be recycled amendment, which we do not believe Before Christopher Columbus arrived back into the funds that manage the belongs on this bill. Maybe it will be- in the New World, the indigenous tribes park. By weaning the Presidio off of long on some other bill. It should not of Ohlone and Miwok inhabited the Federal taxpayer dependency, this bill be considered at this time. area known now as San Francisco. will eventually create a self-sustaining Taking advantage of this unique nat- park. The management structure cre- We would like to complete action on ural harbor, these tribes flourished ated by our bill will enable the Presidio this. We have a number of items to from fishing in the plentiful bay. to be used in such a way that it will complete this week, including, we When the land was finally taken over pay for itself. hope, the farm bill conference report, by the white new immigrants, the Pre- Mr. President, our legislation will line-item veto conference report, the sidio almost immediately became a create a public-private management omnibus appropriations bill, and, of strategic military post. For over 220 entity—the Presidio Trust—to provide course, the debt ceiling. It would be years, the Presidio is the oldest contin- for the management of the leasing, our hope we can complete action some ually operated military post, com- maintenance, and repair of the prop- time early on Friday. That may or may manded first by Spain in 1776, then erty within the Presidio. In addition, not happen. If not, I suggest we prob- Mexico and finally the United States in the National Park Service will con- ably would have to be here on Saturday 1846. The Presidio has played a sup- tinue to provide its expert guidance for to complete action on those bills be- porting role in almost every single interpretive services, visitor orienta- cause some relate to whether or not major military conflict the United tion, and educational programs. Under the Government is shut down. The debt States has ever engaged in, starting the structure of cooperative manage- extension is very important, too.

VerDate Aug 31 2005 05:10 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26MR6.REC S26MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2894 CONGRESSIONAL RECORD — SENATE March 26, 1996 So we can avoid—there will be a clo- the date of enactment of this Act, and R–Y part of the Deerlodge National Forest. ture vote on this bill tomorrow morn- shall be allowed at least 5 years after the end For the past few years, local sportsmen ing rather early. We have not decided of each fiscal year in which to complete the and conservation groups, the Forest the exact time, so we stay on the mat- harvest of timber designated in that fiscal Service, and many others have been in- year. ter and amendments germane to the (3) TITLE.— terested in the public acquiring this pending business. (A) REVIEW OF TITLE.—Not later than 30 prime habitat. I, too, believe this is a AMENDMENT NO. 3571 TO AMENDMENT NO. 3564 days after receipt of title documents from R– worthwhile endeavor. (Purpose: To provide for the exchange of Y, the Secretary shall review the title for The amendment would transfer the certain lands within the State of Montana) the non-Federal land described in paragraph Lost Creek area, and 3,000 additional (2) and determine whether— Mr. DOLE. Mr. President, I send an acres currently owned by R–Y Timber, (i) the applicable title standards for Fed- to the Forest Service. In return R–Y amendment to the desk and ask for its eral land acquisition have been satisfied or immediate consideration. the quality of title is otherwise acceptable to Timber will acquire the deed to land The PRESIDING OFFICER. The the Secretary; and timber. clerk will report. (ii) all draft conveyances and closing docu- The Lost Creek area has been valued The legislative clerk read as follows: ments have been received and approved; and at about $8 million. And the days of the (iii) a current title commitment verifying Federal Government simply paying the The Senator from Kansas [Mr. DOLE] for compliance with applicable title standards price tag are over. Mr. BURNS, proposes an amendment num- has been issued to the Secretary. bered 3571 to amendment No. 3564. With assistance from the Forest (B) UNACCEPTABLE QUALITY OF TITLE.—If Service, I am hopeful that alternative Mr. DOLE. Mr. President, I ask unan- the quality of title does not meet Federal lands can be found to exchange for the imous consent that reading of the standards and is not otherwise acceptable to Lost Creek area. The Forest Service amendment be dispensed with. the Secretary, the Secretary shall advise R– has started this process. The PRESIDING OFFICER. Without Y regarding corrective actions necessary to make an affirmative determination. Mr. President, as I stated earlier the objection, it is so ordered. (C) CONVEYANCE OF TITLE.—The Secretary amendment I am offering is a starting The amendment is as follows: shall effect the conveyance of land described point. I fully anticipate having to At the end of the amendment, add the fol- in paragraph (2) not later than 60 days after make substantial changes when we lowing: the Secretary has made an affirmative deter- move to conference. I hope that the mination of quality of title. TITLE —MISCELLANEOUS parties involved will continue to work (b) GENERAL PROVISIONS.— SEC. 01. LOST CREEK LAND EXCHANGE. (1) MAPS AND DOCUMENTS.— together so this win-win bill can made (a) LAND EXCHANGE.— (A) IN GENERAL.—Maps pertaining to the it to the President’s desk. (1) IN GENERAL.—Notwithstanding any land described in subsection (a) are subject I yield the floor. other provision of law, the Secretary of Agri- to such minor corrections as may be agreed Mr. DOLE. Mr. President, I ask for culture (referred to in this Act as the ‘‘Sec- upon by the Secretary and R–Y. the yeas and nays. retary’’) shall acquire by exchange certain (B) NOTIFICATION.—The Secretary shall no- The PRESIDING OFFICER. Is there a land and interests in land owned by R–Y tify the Committee on Energy and Natural sufficient second? Timber, Inc., its successors and assigns or af- Resources of the Senate and the Committee filiates (referred to in this Act as ‘‘R–Y’’), lo- There is a sufficient second. on Resources of the House of Representatives The yeas and nays were ordered. cated in the Lost Creek area and other areas of any corrections made pursuant to this of the Deerlodge National Forest, Montana. subsection. AMENDMENT NO. 3572 TO AMENDMENT 3571 (2) OFFER AND ACCEPTANCE OF LAND.— (C) PUBLIC AVAILABILITY.—The maps and Mr. DOLE. Mr. President, I send a (A) NON-FEDERAL LAND.—If R–Y offers fee documents described in subsection (a)(2) (A) second-degree amendment to the desk title that is acceptable to the United States and (B) shall be on file and available for pub- and ask for its immediate consider- to approximately 17,567 acres of land owned lic inspection in the office of the Chief of the ation. by R–Y and available for exchange, the Sec- Forest Service. The PRESIDING OFFICER. The retary shall accept a warranty deed to the (2) NATIONAL FOREST SYSTEM LAND.—All clerk will report. land. land conveyed to the United States under (B) FEDERAL LAND.— this section shall be added to and adminis- The legislative clerk read as follows: (i) CONVEYANCE.—On acceptance of title to tered as part of the Deerlodge National For- The Senator from Kansas [Mr. DOLE] for R–Y’s land under paragraph (1), the Sec- est in accordance with the laws pertaining to Mr. BURNS, proposes an amendment num- retary shall convey to R–Y, subject to res- the National Forest System. bered 3572 to amendment No. 3571. ervations and valid existing rights, by pat- (3) VALUATION.—The values of the lands Mr. DOLE. Mr. President, I ask unan- ent, fee title to lands and timber deeds of a and interests in land to be exchanged under imous consent that reading of the value that is approximately equal to the this section are deemed to be of approxi- amendment be dispensed with. value of the land described in subsection (a). mately equal value. The PRESIDING OFFICER. Without (ii) TIMBER HARVEST PROVISIONS.— (4) HAZARDOUS MATERIAL LIABILITY.—The (I) PRACTICES.—Timber harvest practices United States (including its departments, objection, it is so ordered. used on the national forest land conveyed agencies, and employees) shall not be liable The amendment is as follows: under clause (i) shall be conducted in accord- under the Comprehensive Environmental Re- In lieu of the matter proposed to be added ance with Montana Forestry Best Manage- sponse, Compensation, and Liability Act (42 insert the following: ment Practices, the Montana Streamside U.S.C. 9601 et seq.), the Clean Water Act (33 TITLE —MISCELLANEOUS Zone Management Law (Mont. Code Ann. U.S.C. 1251 et seq.), or any other Federal, SEC. 01. LOST CREEK LAND EXCHANGE. sec. 77–5–301 et seq.), and all other applicable State, or local law, solely as a result of the (a) LAND EXCHANGE.— laws of the State of Montana. acquisition of an interest in the Lost Creek (1) IN GENERAL.—Notwithstnding any other (II) RELATION TO PLANNED SALES.—Timber Tract or due to circumstances or events oc- provision of law, the Secretary of Agri- harvest volumes on land conveyed under curring before acquisition, including any re- culture (referred to in this Act as the ‘‘Sec- clause (i) shall be in addition to, and not lease or threat of release of a hazardous sub- retary’’) shall acquire by exchange certain treated in any way as an offset against, the stance. land and interests in land owned by R–Y present or future planned timber sale quan- Mr. BURNS. Mr. President, I rise to Timber, Inc., its successors and assigns or af- tities for the National Forest where the har- offer an amendment regarding the Lost filiates (referred to in this Act as ‘‘R–Y’’), lo- vesting occurs. cated in the Lost Creek area and other areas (III) TIMBER DESIGNATIONS.— Creek Land Exchange Act of 1996. This amendment is important for the of the Deerlodge National Forest, Montana. (aa) CONTRACT.—To ensure the expeditious (2) OFFER AND ACCEPTANCE OF LAND.— and efficient designation of timber on land acquisition of the Lost Creek area of (A) NON-FEDERAL LAND.—If R–Y offers fee conveyed under clause (i), the Forest Service Montana for the public. title that is acceptable to the United States shall contract with a qualified private person I want to emphasize that this amend- to approximately 17,567 acres of land owned agreed on by the Secretary and R–Y to per- ment is a starting point. I fully antici- by R–Y and available for exchange, the Sec- form the field work associated with the des- pate major changes will need to be retary shall accept a warranty deed to the ignations. made when this bill goes to conference land. (bb) MINIMUM ANNUAL DESIGNATIONS.—Not with the House. Yet, the process needs (B) FEDERAL LAND.— less than 20 percent nor more than 30 percent (i) CONVEYANCE.—On acceptance of title to of the timber on land conveyed under clause to move forward. R–Y’s land under paragraph (1), the Sec- (i) shall be made available by the end of each Under this amendment, 14,500 acres retary shall convey to R–Y, subject to res- fiscal year over a 5-year period beginning of blueribbon bighorn sheep habitat ervations and valid existing rights, by pat- with the first fiscal year that begins after known as Lost Creek would became a ent, fee title to lands and timber deeds of a

VerDate Aug 31 2005 05:10 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26MR6.REC S26MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 26, 1996 CONGRESSIONAL RECORD — SENATE S2895 value that is approximately equal to the this section are deemed to be of approxi- need to provide more opportunity for value of the land described in subsection (a). mately equal value. people to go to work, and we ought to (ii) TIMBER HARVEST PROVISIONS.— (4) HAZARDOUS MATERIAL LIABILITY.—The give them an economic incentive to do (I) PRACTICES.—Timber harvest practices United States (including its departments, so. used on the national forest land conveyed agencies, and employees) shall not be liable under clause (i) shall be conducted in accord- under the Comprehensive Environmental Re- People do not have the economic ance with Montana Forestry Best Manage- sponse, Compensation, and Liability Act (42 wherewithal, working full time at the ment Practices, the Montana Streamside U.S.C. 9601 et seq.), the Clean Water Act (33 minimum-wage today, to stay out of Zone Management Law (Mont. Code Ann. U.S.C. 1251 et seq.), or any other Federal, poverty. That is unacceptable. Sooner sec. 77–5–301 et seq.), and all other applicable State, or local law, solely as a result of the or later, we will have a vote on the laws of the State of Montana. acquisition of an interest in the Lost Creek minimum wage. Sooner or later, it has (II) RELATION TO PLANNED SALES.—Timber Tract or due to circumstances or events oc- to be resolved. Sooner or later, this harvest volumes on land conveyed under curring before acquisition, including any re- minimum wage increase must pass. We clause (i) shall be in addition to, and not lease or threat of release of a hazardous sub- treated in any way as an offset against, the stance. can do it sooner or we can do it later. Our preference is to do it sooner. This present or future planned timber sale quan- TITLE —VANCOUVER NATIONAL tities for the National Forest where the har- HISTORIC RESERVE vehicle affords us the opportunity to do vesting occurs. that. Whether it is this vehicle or any SEC. 01. VANCOUVER NATIONAL HISTORIC RE- (III) TIMBER DESIGNATIONS.— SERVE. other bill, I certainly hope that we can (aa) CONTRACT.—To ensure the expeditious (a) ESTABLISHMENT.—There is established do it soon. and efficient designation of timber on land I yield to my colleague from Massa- conveyed under clause (i), the Forest Service the Vancouver National Historic Reserve in shall contract with a qualified private person the State of Washington (referred to in this chusetts. agreed on by the Secretary and R–Y to per- section as the ‘‘Reserve’’, consisting of the The PRESIDING OFFICER. The Sen- form the field work associated with the des- area described in the report entitled ‘‘Van- ator from Massachusetts [Mr. KEN- ignations. couver National Historic Reserve Feasibility NEDY] is recognized. Study and Environmental Assessment’’ pub- (bb) MINIMUM ANNUAL DESIGNATIONS.—Not AMENDMENT NO. 3573 less than 20 percent nor more than 30 percent lished by the Vancouver Historical Study Commission and dated April 1993 as author- (Purpose: To provide for an increase in the of the timber on land conveyed under clause minimum wage rate) (i) shall be made available by the end of each ized by Public Law 101–523 (referred to in this fiscal year over a 5-year period beginning section as the Vancouver Historic Reserve Mr. KENNEDY. Mr. President, I send with the first fiscal year that begins after Report). an amendment to the desk and ask for the date of enactment of this Act, and R–Y (b) ADMINISTRATION.—The Reserve shall be its immediate consideration. shall be allowed at least 5 years after the end administered in accordance with— The PRESIDING OFFICER. The of each fiscal year in which to complete the (1) the Vancouver Historic Reserve Report clerk will report. (including the specific findings and rec- harvest of timber designated in that fiscal The legislative clerk read as follows: year. ommendations contained in the report); and The Senator from Massachusetts [Mr. KEN- (3) TITLE.— (2) the Memorandum of Agreement be- NEDY], for himself, Mr. KERRY, Mr. (A) REVIEW OF TITLE.—Not later than 30 tween the Secretary of the Interior, acting WELLSTONE, Mr. DODD, Mr. SIMON, Ms. MI- days after receipt of title documents from R– through the Director of the National Park KULSKI, Mr. LEVIN, Mr. HARKIN, Mrs. BOXER, Y, the Secretary shall review the title for Service, and the city of Vancouver, Wash- Mrs. MURRAY, Mr. PELL, Mr. LEAHY, Mr. the non-Federal land described in paragraph ington, dated November 14, 1994. LAUTENBERG, Mr. SARBANES, Mr. BRADLEY, (2) and determine whether— (c) NO LIMITATION ON FAA AUTHORITY.— and Mr. DASCHLE, proposes an amendment (i) the applicable title standards for Fed- The establishment of the Reserve shall not numbered 3573. eral land acquisition have been satisfied or limit— the quality of title is otherwise acceptable to (1) the authority of the Federal Aviation Mr. KENNEDY. Mr. President, I ask the Secretary; Administration over air traffic control, or unanimous consent that reading of the (ii) all draft conveyances and closing docu- aviation activities at Pearson Airpark; or amendment be dispensed with. ments have been received and approved; and (2) limit operations and airspace in the vi- The PRESIDING OFFICER. Without (iii) a current title commitment verifying cinity of Portland International Airport. (d) AUTHORIZATION OF APPROPRIATIONS.— objection, it is so ordered. compliance with applicable title standards The amendment is as follows: has been issued to the Secretary. There are authorized to be appropriated such (B) UNACCEPTABLE QUALITY OF TITLE.—If sums as are necessary to carry out this sec- At the appropriate place in the bill, insert the quality of title does not meet Federal tion. the following: standards and is not otherwise acceptable to Mr. BYRD. Mr. President, I do not in- SEC. . INCREASE THE MINIMUM WAGE RATE. the Secretary, the Secretary shall advise R– tend to object to the amendment, but I Section 6(a)(1) of the Fair Labor Standards Y regarding corrective actions necessary to think we ought to go by the rules. The Act of 1938 (29 U.S.C. 206(a)(1)) is amended to read as follows: make an affirmative determination. Senator did ask for the yeas and nays, (C) CONVEYANCE OF TITLE.—The Secretary ‘‘(1) except as otherwise provided in this shall effect the conveyance of land described so that is business intervening? section, not less than $4.25 an hour during in paragraph (2) not later than 60 days after Mr. DOLE. Yes. the period ending July 3, 1996, not less than the Secretary has made an affirmative deter- Mr. DASCHLE addressed the Chair. $4.70 an hour during the year beginning July mination of quality of title. The PRESIDING OFFICER. The mi- 4, 1996, and not less than $5.15 an hour after (b) GENERAL PROVISIONS.— nority leader is recognized. July 3, 1997;’’. (1) MAPS AND DOCUMENTS.— Mr. DASCHLE. Mr. President, I am Mr. KENNEDY. Mr. President, I ask (A) IN GENERAL.—Maps pertaining to the disappointed that we have not had the for the yeas and nays. land described in subsection (a) are subject to such minor corrections as may be agreed opportunity until now to debate the The PRESIDING OFFICER. Is there a upon by the Secretary and R–Y. minimum wage amendment. On April 1, sufficient second? (B) NOTIFICATION.—The Secretary shall no- it will be 5 years since the last time There is a sufficient second. tify the Committee on Energy and Natural the minimum wage was increased. The yeas and nays were ordered. Resources of the Senate and the Committee We are now at the lowest point we AMENDMENT NO. 3574 TO AMENDMENT NO. 3573 on Resources of the House of Representatives have been in nearly 40 years with re- (Purpose: To provide for an increase in the of any corrections made pursuant to this gard to the purchasing power the min- minimum wage rate) subsection. imum wage provides. That is unaccept- Mr. KERRY. Mr. President, I send an (C) PUBLIC AVAILABILITY.—The maps and documents described in subsection (a)(2) (A) able, at a time when we see CEO in- amendment to the desk and ask for its and (B) shall be on file and available for pub- comes going up by 23 percent to an av- immediate consideration. lic inspection in the office of the Chief of the erage in the country today of $990,000— The PRESIDING OFFICER. The Forest Service. something we do not deny to them and clerk will report. (2) NATIONAL FOREST SYSTEM LAND.—All something we certainly would not want The legislative clerk read as follows: land conveyed to the United States under to preclude. Many of them certainly The Senator from Massachusetts [Mr. this section shall be added to and adminis- deserve it. KERRY] proposes an amendment numbered tered as part of the Deerlodge National For- 3574 to amendment No. 3573. est in accordance with the laws pertaining to There ought to be recognition, how- the National Forest System. ever, as we consider welfare reform and Mr. KERRY. Mr. President, I ask (3) VALUATION.—The values of the lands all of the other legislative measures unanimous consent that reading of the and interests in land to be exchanged under that we are contemplating, that we amendment be dispensed with.

VerDate Aug 31 2005 05:10 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26MR6.REC S26MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2896 CONGRESSIONAL RECORD — SENATE March 26, 1996 The PRESIDING OFFICER. Without bate it. So if we were able to get a time I do not think this is too much to objection, it is so ordered. definite, we would certainly respond to ask. I think this is very much about The amendment is as follows: a request by the leader to have a time economic fairness. While we are put- In lieu of the matter proposed to be in- definite to be able to vote on this. ting off a vote on this, there are many serted, insert the following: Mr. President, raising the minimum people who have to live with this min- SEC. . INCREASE IN THE MINIMUM WAGE RATE. wage has broad support among the imum wage. This is extremely impor- Section 6(a)(1) of the Fair Labor Standards American people. The question is tant to 200,000 working families in my Act of 1938 (29 U.S.C. 206(a)(1)) is amended to whether it has the support of the Re- State, much less their children, and I read as follows: publican leadership here in the U.S. ‘‘(1) except as otherwise provided in this believe this effort to just block having Senate, Senator DOLE and the rest of section, not less than $4.25 an hour during an up-or-down vote goes against the the period ending July 3, 1996, not less than the Republican leadership. grain of what is called accountability. $4.70 an hour during the year beginning July As I mentioned earlier, Senator DOLE We will bring this amendment up over 5, 1996, and not less than $5.15 an hour after supported this in the past. So the ques- and over and over and over again until July 4, 1997;’’. tion is whether he is willing at this there is a vote. Mr. KERRY. Mr. President, I ask for time to give an opportunity for us to I yield the floor. the yeas and nays. vote on this measure now, or in the Mr. KERRY addressed the Chair. The PRESIDING OFFICER. Is there a very near future. The PRESIDING OFFICER. The Sen- sufficient second? We believe that working families de- ator from Massachusetts. There is a sufficient second. serve a raise. Minimum-wage families Mr. KERRY. Mr. President, we came The yeas and nays were ordered. deserve a raise most of all. Nobody who to the floor this morning with the un- Mr. KENNEDY addressed the Chair. works for a living should have to live derstanding that, while not as an offi- The PRESIDING OFFICER. The Sen- in poverty. cial order, the minimum wage amend- ator from Massachusetts [Mr. KEN- It is basically the leader’s decision ment was going to be offered. The mi- NEDY] is recognized. that is going to make all the difference nority leader was going to have time Mr. KENNEDY. Mr. President, I just as to whether we are going to be able and the minority leader’s designee was heard from the majority leader a few to act together, as we have in the past. going to have an opportunity to submit moments ago that we were not going to We saw Republican Presidents, like Ei- the amendment. Senator KENNEDY was be able to have an opportunity to de- senhower, Nixon, Bush, who all sup- the designee and, indeed, the Senator bate and take action on the minimum ported that increase. And Republicans intended to offer the minimum wage wage. here, with some exceptions, supported amendment. We are required now to use whatever that increase in 1989. All we are wait- We were blocked this morning from parliamentary means we can to try and ing for—and I think what the working doing that, and now this afternoon a permit working families to see a judg- families in this country are waiting parliamentary process of what is called ment about whether this body is going for—is the majority leader to indicate filling up the tree, putting in two to make a statement about increasing that he, like others in this body, is on amendments behind each other, which the minimum wage. The majority lead- the side of working families. I hope locks in the debate again, precludes a er had been a leader in 1989 when we re- that we will have a chance to do this debate on the minimum wage at this because, as we have said, this issue is stored the minimum wage up to the time. But Senator KENNEDY has sub- small increase in its purchasing power. not going to go away. We understand mitted an amendment to the under- If we could gather from the majority the full agenda that is necessary for ac- lying amendment, and I have sub- tion. leader—I see that he is moving into the mitted a second-degree amendment to I would certainly ask the minority cloakroom at the present time, so I that not because we are trying to tie leader if the time could be established up the Senate and not because we are guess that is an indication of what the definite, if he would work out a precise trying to delay the process of resolving answer would be. time with the majority leader so that We were going to try and get at least working families in this country would this other legislation but simply be- some agreement as to when we might ENNEDY know when the Senate was going to de- cause, as Senator K has said, we be able to bring this up. We are denied bate this issue. We will have to try to would like to have an answer. We even that opportunity to do so, in spite do the best we can under the cir- would like to have a time. We work this out in the Senate all of the fact that there was an indication cumstances that we have, but I deplore from the Republican leadership that we the fact that we are effectively denied the time. We have an agreement with were going to have the minority leader the opportunity to debate this issue respect to the health care bill. We or his designee be recognized to offer and to take action. I think it is an know there will be a time certain for an amendment. And we understood, issue of fundamental fairness and jus- debate on an issue of major importance since that was not a fixed order, that tice. It is an issue involving families, to the American people. All we are ask- that was the intention of the Repub- women, and children, and the Senate ing for is some kind of bipartisan lican leadership at that time. We were should not turn its back on those fami- agreement and understanding as to denied the opportunity to have the bill lies this afternoon or in these next when we can have a vote, a debate and before us. days. a decision, on whether or not we are Now we have the bill before us, and Mr. WELLSTONE and Mr. KERRY going to give working people at the we were denied the opportunity to be addressed the Chair. lowest end of the income scale a pay able to debate that, or at least get a The PRESIDING OFFICER. The Sen- raise. Corporate America has had a pay short time agreement. We are quite ator from Minnesota. raise almost every day of the year last prepared to do it, as has been pointed Mr. WELLSTONE. I will defer to my year. The stock market went up 34 per- out by my colleague from Massachu- colleague from Massachusetts. I will cent in 1 year. The chief executive offi- setts, Senator KERRY, and Senator take 1 minute. cers of companies are walking away WELLSTONE. I have been in the Chamber since this with, what, 200 times the salary of This is not a new issue. We were pre- morning with my two colleagues. This workers. It used to be only 50 times pared to enter into a short time period, amendment is simple and straight- and now it is 200 times. or at least have the opportunity to set forward. It would increase the min- The stark reality is that in the a date for consideration of it. If the imum wage from $4.25 an hour to $5.15 United States of America in 1996, the majority leader would let us have a over 2 years—90 cents over 2 years. I minimum wage earns you a record 40- fixed date for discussion on it—we were will say it one more time. Senators and year low, or is about to earn you a able to persuade the majority leader Representatives gave themselves, a few record 40-year low. It is a 25-percent re- earlier on the health care bill to set a years ago, a very hefty salary increase duction over what it was in 1979. time for debate on it—we would cer- from about $100,000 a year to about Through the 1950’s, the 1960’s, the tainly accede to the leader’s rec- $130,000 a year. It seems to me we can 1970’s, and finally even in the 1980’s, as ommendation, if we would have a pre- give heads of working families the the minimum wage gap got bigger and cise time when we would be able to de- same kind of increase. bigger between

VerDate Aug 31 2005 05:10 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26MR6.REC S26MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 26, 1996 CONGRESSIONAL RECORD — SENATE S2897 what you earned working and the pov- legislation? Would that be his conclu- pose, another unfunded mandate on the erty level, we lifted it. All we are sug- sion, as it is mine? very political subdivisions we said we gesting is that when a worker on the Mr. KERRY. Mr. President, let me would not mandate different costs and minimum wage earns three-quarters of answer the question of my colleague expenditures, whatever. Unless some- the level of the poverty rate in this before I draw a conclusion. I wonder, body has a proposal to make, now there country, let us at least lift it up to per- since the majority leader is in the is an amendment pending, and my view mit them to get out of poverty. Chamber, if, without yielding my right is that we should debate it. If there is If you are going to give meaning to to the floor, I could ask the majority to be debate, that is fine. There will be the notion of work and you are going leader if he believes it would be pos- no vote. We will just wait and have the to give meaning to the notion of wel- sible for us to work out some kind of cloture vote tomorrow morning. fare reform, if you are going to give agreement as to time for a vote. Mr. KENNEDY. Will the Senator meaning to the values we talk about in The majority leader was not in the yield? this Chamber, you have to give mean- Chamber, but I did say while he was The PRESIDING OFFICER. The jun- ing to work and the money that people out in the Cloakroom that this is not ior Senator from Massachusetts has earn for working. Nothing is more fun- an effort to try to tie up the Senate. the floor. damental, and we hope that the Senate This is not an effort to try to delay the Mr. KERRY. Mr. President, I would will have the opportunity to have a bi- progress on this important legislation be happy to yield for a question to the partisan vote on this issue. that we need to debate. This is simply Senator from Massachusetts. Mr. KENNEDY. Will the leader be Mr. KENNEDY. Will the Senator an effort to try to see if we could reach willing to find an agreeable time with yield for a question? a time certain for a vote on the min- the minority leader, the two leaders Mr. KERRY. I would be happy to imum wage issue. I would ask the ma- find an agreeable time, say, by June 10, yield for a question. jority leader, without losing my right to consider this legislation in the Mr. KENNEDY. Mr. President, as I to the floor, if he would be willing to Chamber? understand, the pending issue before answer a question with respect to set- Mr. DOLE. Again, I would be happy ting a time certain? the Senate is now the Kerry amend- to discuss it with the distinguished ment. I was just wondering whether Mr. DOLE. Let me indicate I would Democratic leader, Senator DASCHLE. I be happy to discuss it. I am not certain the Senator, my colleague and friend, am not certain I would make that we could reach an agreement. But, ob- would be willing to vote on this so that agreement. we are not going to delay this with the viously, this bill, this amendment will, I know it is important on that side of idea that we would vote at, say, 4 in effect, defeat the Presidio bill. There the aisle. It may be important to some o’clock with the time evenly divided will not be any vote on the amendment on this side of the aisle. But it is also between those who support this meas- today. There will be a cloture vote to- important to many small businesses in ure and those who would be opposed. morrow. I assume cloture will not be America. It is very controversial. Would the Senator—— invoked. Then the bill will come down, I just do not believe it should be on Mr. KERRY. Mr. President, let me and I assume then there will be an ef- this bill unless the intent is to kill this say in answer to my colleague, I would fort to offer it on the next measure bill. Maybe it is. I happen to support it. be delighted to have any fair amount of sometime this week. But I assume with There are 23 States involved in this time on both sides. I think it would be the AFL–CIO in town and with their legislation: West Virginia, Massachu- good if we could have that. I ask unani- pledge of $35 million, it is probably a setts, California, Louisiana, Tennessee. mous consent that we have a vote at a fairly appropriate time for Democrats I do not think the State of Kansas is time certain and have a vote on my un- to discuss this measure. involved, but there are a number of derlying amendment on the minimum Mr. KERRY. Mr. President, without States—Colorado. wage at 4 o’clock. yet responding to the last comments of So I hope we might dispose of the Mr. DOLE. I object. the majority leader, I again might ask, pending legislation and then complete Mr. MURKOWSKI. I object. again without losing my right to the action on a number of conference re- The PRESIDING OFFICER. Objec- floor, I wonder if I could inquire of the ports this week and get the omnibus tion is heard. majority leader why it might not be appropriation bill passed and the debt Mr. DOLE addressed the Chair. possible to set a time certain sometime ceiling extension. That would just Mr. KENNEDY. Mr. President, will in the future, perhaps a week or 2 about complete the week. the Senator yield further? weeks so that we could have at least a Mr. KERRY. Mr. President, could I The PRESIDING OFFICER. The Sen- consideration of this issue on the floor reiterate? We were able to work out, ator from Massachusetts—— of the Senate. I wonder if the majority obviously, a very agreeable approach to Mr. KERRY. Mr. President, the reg- leader might be willing to commit to the question on health care which sty- ular order is—— that? mied us in a similar way for a period of Mr. DOLE. With no intervening ac- Mr. DOLE. Well, again, I will be time. I want to reiterate to the major- tion, I ask for recognition. happy to explore it. I have always been ity leader, we are not trying to kill Mr. KENNEDY. Mr. President, are we willing to explore any possibility. this bill, at least for this reason. And going to get taken off our feet now? Maybe we could couple it with some- we are not attempting to delay. The PRESIDING OFFICER. The Sen- thing we would like to do on this side Would it be possible to have an agree- ator will suspend. of the aisle, something the majority ment that we will vote on this issue on Mr. KENNEDY. Is the Senator going leader might like to have happen. We a date certain between now and, say, to be taken off his feet? could work some agreement like that. the beginning of June? In a discussion The PRESIDING OFFICER. If the But, again, I have not—nobody has with the majority leader, the minority Senator will suspend, the Senator from made a proposal except the amendment leader and majority leader could arrive Massachusetts has the floor. has been offered. at a date certain for a vote? Mr. KERRY. Mr. President, I was I assume that sooner or later the Mr. DOLE. Again, I am always will- going to yield for a question of my col- issue will be voted upon, directly or in- ing to try to resolve some of the prob- league. I believe he wanted to ask me a directly, but not today and not tomor- lems. This is not going to be an easy question. I yield for the purposes of an- row and hopefully not this week, be- one because, as I recall, the first 2 swering the question. cause we have a number of issues be- years of the Clinton administration, Mr. KENNEDY. Mr. President, I just fore us and this will take, as everyone when the Democrats controlled Con- ask my colleague then if we are not knows, considerable debate. It is an un- gress, we did not have any votes on able to get a time definite, which the funded mandate. It is subject to a point minimum wage. The Democrats did not Senator requested of the Senate—there of order, according to the Congres- bring it up. They controlled every- was objection to that—has the Senator sional Budget Office. We all voted to thing. They controlled the White House reached the conclusion that it is those end unfunded mandates, and here we and the House and the Senate. who are objecting who are filibustering are about to impose, or would like to Now, suddenly, after the AFL has consideration of the minimum wage impose, at least some would like to im- their meeting and pledges millions and

VerDate Aug 31 2005 05:10 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26MR6.REC S26MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2898 CONGRESSIONAL RECORD — SENATE March 26, 1996 millions of dollars, we want to bring it Mr. President, I ask for the yeas and Stevens Thurmond Wyden Thomas Warner up on the floor. I can imagine what nays. Thompson Wellstone would happen in the liberal media if The PRESIDING OFFICER. Is there a the corporations came to town and said sufficient second? NOT VOTING—3 we are going to put $35 million in the Mr. DOLE. Mr. President, I suggest Bradley Rockefeller Simpson Republican campaigns. There would be the absence of a quorum. So the motion to lay on the table the headlines in all the papers. All the talk The PRESIDING OFFICER. Is there a amendment (No. 3574) was rejected. shows would stop in midair to get it on sufficient second? CLOTURE MOTION the air. There is a sufficient second. Mr. DASCHLE. Mr. President, I send I think there is also a very logical ar- The yeas and nays were ordered. a motion to the desk. gument. There are going to be a lot of The PRESIDING OFFICER. The ma- The PRESIDING OFFICER. The clo- young people who lose their jobs. Many jority leader. ture motion having been presented are black teenagers and many are Mr. DOLE. Mr. President, I suggest under rule XXII, the Chair directs the young people whose parents live below the absence of a quorum. clerk to read the motion. the poverty line. So I think, if we are The PRESIDING OFFICER (Mr. The legislative clerk read as follows: going to have this debate, it ought to ABRAHAM). The clerk will call the roll. CLOTURE MOTION be a lengthy debate. It ought to be on The legislative clerk proceeded to We, the undersigned Senators, in accord- the merits. In my view, it cannot hap- ance with the provisions of rule XXII of the pen—I do not see how it can happen call the roll. Mr. DOLE. Mr. President, I ask unan- Standing Rules of the Senate, do hereby this week. move to bring to a close debate on the Ken- Obviously, the Senator is entitled, as imous consent that the order for the nedy amendment No. 3573. he did, to offer an amendment to the quorum call be rescinded. Edward M. Kennedy, Paul Wellstone, Joe underlying bill. That was our mistake. The PRESIDING OFFICER (Mr. Biden, J.J. Exon, Chuck Robb, Carol We should have taken care of that. It THOMPSON). Without objection, it is so Moseley-Braun, Christopher Dodd, will not happen again. ordered. Byron L. Dorgan, Claiborne Pell, Kent But notwithstanding that, we can Mr. DOLE. Is the question on the mo- Conrad, John F. Kerry, Ron Wyden, prevent a vote and we will prevent a tion to table the Kerry amendment? David Pryor, Russell D. Feingold, Paul Sarbanes, Patrick Leahy, Dianne Fein- vote because we do not believe it be- The PRESIDING OFFICER (Mr. stein, Frank R. Lautenberg. longs on this legislation. There are 23 SANTORUM). Yes. Mr. DOLE addressed the Chair. States that have an interest in the Mr. DOLE. The yeas and nays have The PRESIDING OFFICER. The ma- pending legislation. I do not believe been ordered? jority leader. even the Democrats, who have very im- The PRESIDING OFFICER. They MOTION TO COMMIT portant projects in this legislation, are have been ordered. Mr. DOLE. Mr. President, I send a very excited about having the two Sen- Mr. DOLE. Let’s have the vote. ators from Massachusetts offer this motion to the desk. The PRESIDING OFFICER. The The PRESIDING OFFICER. The minimum wage adjustment to their question is on agreeing to the motion legislation. clerk will report the motion. to table the Kerry amendment. The The legislative clerk read as follows: Mr. KERRY. Mr. President, let me yeas and nays have been ordered. The The Senator from Kansas [Mr. DOLE] say, in all respect, in response to the clerk will call the roll. majority leader, we had a vote in the moves to commit the pending bill to the Fi- The assistant legislative clerk called nance Committee with instructions to report U.S. Senate last year and 51 U.S. Sen- the roll. by April 21, 1996 amendments to reform wel- ators voted that we should take up the Mr. LOTT. I announce that the Sen- fare and Medicaid. minimum wage before the end of the ator from Wyoming [Mr. SIMPSON] is Mr. DOLE. I ask for the yeas and last session. We did not do that. necessarily absent. nays. Now we are back. I did not even know Mr. FORD. I announce that the Sen- The PRESIDING OFFICER. Is there a about the AFL. I am glad you told me. ator from New Jersey [Mr. BRADLEY] is sufficient second? Maybe I can arrange to get to the necessarily absent. There is a sufficient second. meeting. But I did not even know they I also announce that the Senator The yeas and nays were ordered. were in town. We announced our inten- from West Virginia [Mr. ROCKEFELLER] AMENDMENT NO. 3653 TO THE MOTION TO COMMIT tion to offer an amendment some time is absent because of illness. Mr. DOLE. Mr. President, I send an ago—Senator KENNEDY, who has been leading on this effort, together with The result was announced—yeas 0, amendment to the motion to the desk. nays 97, as follows: The PRESIDING OFFICER. The Senator WELLSTONE, a group of us— clerk will report. this has been something we have been [Rollcall Vote No. 52 Leg.] The legislative clerk read as follows: trying to do for a number of years. The NAYS—97 The Senator from Kansas [Mr. DOLE] pro- fact is, it is getting more necessary, Abraham Exon Kyl poses an amendment numbered 3653 to the not less, as a consequence of the fact Akaka Faircloth Lautenberg Ashcroft Feingold Leahy motion to commit. that the wage each day is worth less. Baucus Feinstein Levin Strike the instructions in the pending mo- So, I say to the majority leader, we Bennett Ford Lieberman tion and insert in lieu thereof ‘‘to report can always find a group that is in town Biden Frist Lott back by April 21, 1996 amendments to reform at some period of time when some leg- Bingaman Glenn Lugar welfare and Medicaid effective one day after islation is on the floor, and we all Bond Gorton Mack the effective date of the bill.’’ Boxer Graham McCain know Republicans collect far, far more Breaux Gramm McConnell Mr. DOLE. I ask for the yeas and money from interest groups than Brown Grams Mikulski nays. Democrats ever do. If we want to start Bryan Grassley Moseley-Braun The PRESIDING OFFICER. Is there a Bumpers Gregg Moynihan pointing fingers at whose money comes Burns Harkin Murkowski sufficient second? from where, that is a different debate. Byrd Hatch Murray There appears to be a sufficient sec- The fact is, working people do not Campbell Hatfield Nickles ond. get the kind of money any of us get Chafee Heflin Nunn The yeas and nays were ordered. Coats Helms Pell from anywhere, even from their work. Cochran Hollings Pressler AMENDMENT NO. 3654 TO AMENDMENT NO. 3653 That is what this debate is all about. Cohen Hutchison Pryor Mr. DOLE. Mr. President, I send a Folks who are working and cannot Conrad Inhofe Reid second-degree amendment to the mo- even pay for medical insurance, let Coverdell Inouye Robb Craig Jeffords Roth tion. alone rent, let alone food. D’Amato Johnston Santorum The PRESIDING OFFICER. The So I regret the majority leader will Daschle Kassebaum Sarbanes clerk will report. not say we can have a vote on this, will DeWine Kempthorne Shelby The legislative clerk read as follows: not even say we could have one by Dodd Kennedy Simon Dole Kerrey Smith The Senator from Kansas [Mr. DOLE] pro- June. Therefore, Mr. President, I move Domenici Kerry Snowe poses an amendment numbered 3654 to to table my amendment. Dorgan Kohl Specter amendment No. 3653.

VerDate Aug 31 2005 05:10 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26MR6.REC S26MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 26, 1996 CONGRESSIONAL RECORD — SENATE S2899 Strike all after the first word in the [Rollcall Vote No. 53 Leg.] KEVIN S. BADGER, 000–00–0000 MICHAEL D. BAGULLY, 000–00–0000 amendment to the instructions to the pend- YEAS—50 BRENT A. BAKER, 000–00–0000 ing motion and insert in lieu thereof ‘‘report CULLEN G. BARBATO, 000–00–0000 Abraham Faircloth Mack back by April 21, 1996 amendments to reform DANIEL T. BARD, 000–00–0000 Ashcroft Frist McCain KEITH C. BARDO, 000–00–0000 welfare and Medicaid effective two days after Bennett Gorton McConnell ROBERT E. BARNSBY, 000–00–0000 the effective date of the bill.’’ Bond Gramm Murkowski BRIAN K. BARRY, 000–00–0000 Brown Grams STEVEN T. BARRY, 000–00–0000 Mr. DOLE. I ask for the yeas and Nickles JASON P. BATCHELOR, 000–00–0000 Burns Grassley Pressler ARCHIE L. BATES, 000–00–0000 nays. Campbell Gregg Santorum HEATH T. BATES, 000–00–0000 The PRESIDING OFFICER. Is there a Chafee Hatch Shelby DAVID G. BAUER, 000–00–0000 Coats Hatfield DOEL D. BAUGHMAN, 000–00–0000 Smith sufficient second? Cochran Helms JOSEPH A. BEARD, 000–00–0000 Snowe RYAN B. BEAVER, 000–00–0000 Cohen Hutchison There is a sufficient second. Specter BRIAN J. BECHARD, 000–00–0000 Coverdell Inhofe Stevens MICHAEL M. BECKWITH, 000–00–0000 The yeas and nays were ordered. Craig Kassebaum JULIA BELL, 000–00–0000 Mr. DOLE. Mr. President, we are pre- D’Amato Kempthorne Thomas MICHAEL J. BELLACK, 000–00–0000 pared to vote on this motion at this DeWine Kyl Thompson EDWARD T. BENNETT, 000–00–0000 Dole Lott Thurmond LANCE B. BENNETT, 000–00–0000 time. Medicaid reform and welfare re- Warner MORGAN A. BERGLUND, 000–00–0000 Domenici Lugar JEFFREY S. BERGMANN, 000–00–0000 form are high on everyone’s priority JEANNE K. BERNER, 000–00–0000 list in America, particularly the voters NAYS—43 RYAN C. BERRY , 000–00–0000 Akaka Ford Mikulski DREW P. BERWANGER, 000–00–0000 and the taxpayers, and we would be BRETT W. BIELAWSKI, 000–00–0000 Baucus Glenn prepared to vote on this motion, say, Moseley-Braun JEFFREY S. BIGGANS, 000–00–0000 Bingaman Graham Moynihan LEANNE M. BJORNSTAD, 000–00–0000 at 6 o’clock or 5 after 6 or 6:15, or when- Boxer Harkin Murray LYNYETTA C. BLACKSHEAR, 000–00–0000 ever. Breaux Heflin Nunn WILLIAM J. BLAIR, 000–00–0000 Bryan Hollings TIMOTHY A. BLOCK, 000–00–0000 But I do believe now we are back on Pell KEVIN D. BOATES, 000–00–0000 Bumpers Inouye Pryor DAVID J. BOETTCHER, 000–00–0000 an issue that the American people are Byrd Johnston Reid KENNETH M. BOLIN, 000–00–0000 Conrad Kennedy really concerned about: how we can Robb PETER C. BONIN, 000–00–0000 Daschle Kerrey GARY L. BOONE, JR., 000–00–0000 Sarbanes save maybe $50 billion on welfare over Dodd Kerry ROBERT G. BORN, 000–00–0000 Simon CHRISTIAN N. BOTTCHER, 000–00–0000 the next 7 years by sending it back to Dorgan Kohl RICHARD T. BOWEN, 000–00–0000 the States, and maybe as much as $85 Exon Lautenberg Wellstone Wyden ALAN J. BOYER, 000–00–0000 billion over the next 7 years on Med- Feingold Leahy KORY E. BOYER, 000–00–0000 Feinstein Levin COREY A. BRADDOCK, 000–00–0000 icaid by sending it back to the States, MATTHEW W. BRADSHAW, 000–00–0000 all in accordance with the 10th amend- NOT VOTING—7 THOMAS J. BRADY, JR., 000–00–0000 JASON R. BRANDT, 000–00–0000 ment to the Constitution, which says Biden Lieberman Simpson MATTHEW K. BRANDT, 000–00–0000 unless the powers vested in the Federal Bradley Rockefeller RICHARD M. BRATT, 000–00–0000 Jeffords Roth DONALD R. BRAUGHT, 000–00–0000 Government are denied to the States it CASEY L. BREDEWATER, 000–00–0000 belongs to the States and the people. f THOMAS P. BRENNAN, JR., 000–00–0000 BRETT M. BREWER, 000–00–0000 That is what we will debate at this RECESS CHAD D. BROSKI, 000–00–0000 time, unless there is a willingness to DANIEL F. BROSTEK, 000–00–0000 The motion was agreed to; and the JASON P. BROWN, 000–00–0000 accept the amendments, or we can de- Senate, at 6:31 p.m., recessed until JUSTIN W. BROWN, 000–00–0000 bate tomorrow after the cloture vote, LELAND B. BROWN, JR., 000–00–0000 Wednesday, March 27, 1996, at 9:30 a.m. PETER A. BROWN, 000–00–0000 whichever the Democratic leader pre- ROBERT S. BROWN, 000–00–0000 f THEODORE R. BROWN, 000–00–0000 fers. JEREMY P. BROWNE, 000–00–0000 But I am prepared and now ask that NOMINATIONS JAY R. BUCCI, 000–00–0000 MICHAEL D. BUCHHEIT, 000–00–0000 we stand in recess until 9:30 tomorrow Executive nominations received by DAVID L. BUFFALOE, 000–00–0000 morning. GEOFFREY R. BULL, 000–00–0000 the Senate March 26, 1996: BRANDI L. BULT, 000–00–0000 MOTION TO RECESS IN THE MARINE CORPS JESSICA L. BUNIN, 000–00–0000 JOHN F. BURGER, 000–00–0000 Mr. DOLE. Mr. President, I now move THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT JAMES T. BURGESS, 000–00–0000 TO THE GRADE OF LIEUTENANT GENERAL IN THE U.S. THOMAS F. BURRELL IV, 000–00–0000 the Senate stand in recess until the MARINE CORPS WHILE ASSIGNED TO A POSITION OF IM- DEREK F. BURT, 000–00–0000 hour of 9:30 a.m., Wednesday, March 27, PORTANCE AND RESPONSIBILITY UNDER THE PROVI- JOSE M. BUSTAMANTE, 000–00–0000 1996. SIONS OF SECTION 601, TITLE 10, UNITED STATES CODE: ANTHONY L. BUTLER, 000–00–0000 To be lieutenant general MICHAEL K. BYARD, 000–00–0000 Mr. DASCHLE. Mr. President, I ask JOSHUA T. BYERS, 000–00–0000 MAJ. GEN. CAROL A. MUTTER, 000–00–0000 JAMES M. CADET, 000–00–0000 for the yeas and nays. MOLLY C. CAIN, 000–00–0000 The PRESIDING OFFICER. Is there a IN THE ARMY ADRIAN P. CALAME, 000–00–0000 ERIK R. CALDWELL, 000–00–0000 sufficient second? There is a sufficient THE FOLLOWING-NAMED CADETS, GRADUATING CLASS GORDON A. CALLENDER, 000–00–0000 second. OF 1996, U.S. MILITARY ACADEMY, FOR APPOINTMENT IN JOHN J. CAMIOLO, 000–00–0000 THE REGULAR ARMY OF THE UNITED STATES, IN THE CHRISTOP R. CAMPBELL, 000–00–0000 The yeas and nays were ordered. GRADE OF SECOND LIEUTENANT, UNDER THE PROVI- JONATHAN A. CAMPBELL, 000–00–0000 SIONS OF TITLE 10, UNITED STATES CODE, SECTIONS 531, WHITNEY A. CAMPBELL, 000–00–0000 The PRESIDING OFFICER. The 532, 533 AND 4353: MICHAEL V. CANGOLOSI, 000–00–0000 question is on agreeing to the motion. To be second lieutenant JAMES F. CANTELUPE, 000–00–0000 ERIC C. CAPERS, 000–00–0000 The yeas and nays have been ordered. ANDRE B. ABADIE, 000–00–0000 AARON S. CARLISLE, 000–00–0000 The clerk will call the roll. KEVIN J. ACH, 000–00–0000 KARIN M. CAROLAN, 000–00–0000 DAVID W. ACKER, 000–00–0000 STEVEN P. CARPENTER, 000–00–0000 The legislative clerk called the roll. JAMES M. ADAMS, 000–00–0000 BRADLEY M. CARR, 000–00–0000 MICHAEL L. ADAMS, 000–00–0000 CHRISTOP D. CARRANO, 000–00–0000 Mr. LOTT. I announce that the Sen- NIRZARNI J. ADHVARYU, 000–00–0000 ELIZABET A. CASELY, 000–00–0000 ator from Vermont [Mr. JEFFORDS], the JASON P. AFFOLDER, 000–00–0000 ROBERT P. CASSERY, 000–00–0000 PHILLIP R. AHN, 000–00–0000 KRISTEN E. CATRON, 000–00–0000 Senator from Delaware [Mr. ROTH], and JOHN B. AHRENS, 000–00–0000 ANDREW D. CECIL, 000–00–0000 the Senator from Wyoming [Mr. SIMP- ALEXIS M. ALBANO, 000–00–0000 SHANE D. CELEEN, 000–00–0000 ADAM A. ALBRICH, 000–00–0000 VINCENZO S. CENTAMORE, 000–00–0000 SON] are necessarily absent. TIMOTHY T. ALDEN, 000–00–0000 MATTHEW P. CHAMPION, 000–00–0000 PHILIP J. ALDRICH, 000–00–0000 SCOTT A. CHANCE, 000–00–0000 Mr. FORD. I announce that the Sen- GREGORY C. ALFRED, 000–00–0000 BRANDYN P. CHAPMAN, 000–00–0000 ator from New Jersey [Mr. BRADLEY], MARY ALFREDOCKIYA, 000–00–0000 YOUNG D. CHASE, 000–00–0000 MARK W. ANDERS, 000–00–0000 CHAD N. CHEGWIDDEN, 000–00–0000 the Senator from Delaware [Mr. DEVRY C. ANDERSON, 000–00–0000 DANIEL M. CHEN, 000–00–0000 BIDEN], and the Senator from Con- ERIC D. ANDERSON, 000–00–0000 BRIAN V. CHERNAUSKAS, 000–00–0000 MICHAEL A. ANDERSON, 000–00–0000 GABRIEL A. CHINCHILLA, 000–00–0000 necticut [Mr. LIEBERMAN] are nec- TREVER S. ANDERSON, 000–00–0000 BRIAN H. CHO, 000–00–0000 essarily absent. STEPHANI G. ANDRASEK, 000–00–0000 MICHAEL N. CHO, 000–00–0000 CHRISTIN D. ANDREWS, 000–00–0000 BRIAN CHOI, 000–00–0000 I also announce that the Senator ROBERT C. ARMSTRONG, 000–00–0000 SUNG H. CHON, 000–00–0000 from West Virginia [Mr. ROCKEFELLER] JOHN E. ARNOLD, 000–00–0000 PAUL A. CHRISTIANSON, 000–00–0000 MICHAEL ARRIAGA, 000–00–0000 WILLIAM W. CHUNG, 000–00–0000 is absent because of illness. ROBERT M. ARTHUR, 000–00–0000 DAVID M. CHURCH, 000–00–0000 The result was announced—yeas 50, MARY K. ASHWORTH, 000–00–0000 MICHAEL V. CIARAMELLA, 000–00–0000 DAVID W. AVERETT, 000–00–0000 AARON M. CICHOCKI, 000–00–0000 nays 43, as follows: MATTHEW J. AVERY, 000–00–0000 MAX W. CLEGG, 000–00–0000

VerDate Aug 31 2005 05:10 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00059 Fmt 4624 Sfmt 9801 J:\ODA16\1996_F~1\S26MR6.REC S26MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2900 CONGRESSIONAL RECORD — SENATE March 26, 1996

BO S. COCKRELL, 000–00–0000 AMY D. FULLER, 000–00–0000 HARRY A. JANISKI, 000–00–0000 BRYAN M. COFER, 000–00–0000 EVERETT T. FULLER, 000–00–0000 NICHOLAS P. JASKOLSKI, 000–00–0000 DWAYNE L. COFFEY, 000–00–0000 ROBERT L. FUQUA, 000–00–0000 CARRIE A. JEANNERET, 000–00–0000 WILLIAM G. COLBERT, 000–00–0000 DOUGLAS M. GAFNEY, 000–00–0000 JASON K. JEFFERIS, 000–00–0000 ROBERT C. COLE, 000–00–0000 THOMAS L. GALLI, 000–00–0000 KEVIN L. JEFFERSON, 000–00–0000 JOHN J. COLEMAN, 000–00–0000 JONATHAN A. GANO, 000–00–0000 JEREMIAH J. JETTE, 000–00–0000 TAUSHA E. COLEMAN, 000–00–0000 ROGELIO J. GARCIA, 000–00–0000 EDUARDO J. JIMENEZ, 000–00–0000 RICHARD L. COMITZ, 000–00–0000 BENJAMIN A. GARDNER, 000–00–0000 BARTON L. JOHNKE, 000–00–0000 JASON F. CONRAD, 000–00–0000 WHITNEY B. GARDNER, 000–00–0000 BENJAMIN F. JOHNSON, 000–00–0000 JOHN T. CONROY, 000–00–0000 JOSEPH W. GARRARD, 000–00–0000 BRAD A. JOHNSON, 000–00–0000 MARC E. CONSELMAN, 000–00–0000 RICHARD J. GASH, 000–00–0000 DAVID T. JOHNSON, 000–00–0000 CARLOS A. CONTRERAS, 000–00–0000 BRIAN P. GAVULA, 000–00–0000 DEREK G. JOHNSON, 000–00–0000 PAUL A. COOK, 000–00–0000 LIANE T. GEARY, 000–00–0000 ERIC M. JOHNSON, 000–00–0000 SEAN M. COONEY, 000–00–0000 VINCENT P. GENEROSO, 000–00–0000 JEFFREY J. JOHNSON, 000–00–0000 LENTON D. COOPER, 000–00–0000 EDWARD J. GENGARO, 000–00–0000 JENNIFER R. JOHNSON, 000–00–0000 MICHAEL N. COPPA, 000–00–0000 CHAD A. GIACOMOZZI, 000–00–0000 JEREMY D. JOHNSON, 000–00–0000 THOMAS P. CORNELIUS, 000–00–0000 EVERETT N. GIBBENS, 000–00–0000 NATHAN E. JOHNSON, 000–00–0000 STEPHEN J. COURREGES, 000–00–0000 DANIEL D. GICK, 000–00–0000 RYAN W. JOHNSON, 000–00–0000 RICHARD J. COVERT, 000–00–0000 CARL A. GIORGI, 000–00–0000 TIMOTHY W. JOHNSON, 000–00–0000 MICHAEL T. COWPERTHWAIT, 000–00–0000 BURTON C. GLOVER, 000–00–0000 CHRISTEN A. JOHNSTON, 000–00–0000 JAMES E. COX, JR., 000–00–0000 MATTHEW P. GNAU, 000–00–0000 CAROLANN M. JONES, 000–00–0000 RICHARD T. CRANFORD, 000–00–0000 WILLIE J. GODCHAUX, 000–00–0000 ELLIOT R. JONES, 000–00–0000 CHAD A. CRANK, 000–00–0000 JOSEPH L. GODDU, 000–00–0000 GARRETT P. JONES, 000–00–0000 WILLIAM G. CRANS, JR., 000–00–0000 ADELAIDO I. GODINEZ, 000–00–0000 MICHAEL L. JONES, 000–00–0000 BRIAN A. CRAWLEY, 000–00–0000 MELBA E. GOGGINS, 000–00–0000 RYAN M. JONES, 000–00–0000 JUSTIN L. CREMER, 000–00–0000 KEVIN R. GOLINGHORST, 000–00–0000 BRIAN L. JUHASZ, 000–00–0000 SCOTT C. CRISSEY, 000–00–0000 TRINIDAD J. GONZALEZ, 000–00–0000 STEVEN M. KAPCOE, 000–00–0000 ROBERT E. CROFT, 000–00–0000 AMY L. GOUGE, 000–00–0000 ANDREW M. KARCZEWSKI, 000–00–0000 JOHN R. CROMBIE, 000–00–0000 JOHN D. GRAVES, 000–00–0000 DAMIEN KATZENMEYER, 000–00–0000 MATTHEW A. CROUCH, 000–00–0000 PATRICK M. GRAY, 000–00–0000 KEVIN F. KAVENEY, 000–00–0000 JOHN D. CROW, 000–00–0000 SETH W. GREEN, 000–00–0000 RYAN W. KAY, 000–00–0000 PATRICK C. CRUSER, 000–00–0000 JANELLE A. GREGORY, 000–00–0000 JOHN B. KAZIGO, 000–00–0000 MATHEW A. CUNNINGHAM, 000–00–0000 DARIN L. GRIFFIN, 000–00–0000 KIMBERLY A. KAZINSKI, 000–00–0000 IAN S. CURRIER, 000–00–0000 ROBERT D. GRIFFIN II, 000–00–0000 CHRISTOP A. KEARNS, 000–00–0000 LEWIS M. CURRY, 000–00–0000 BENJAMIN K. GRIMES, 000–00–0000 CARLOS L. KEITH, 000–00–0000 KEVIN R. CUTRIGHT, 000–00–0000 MICHAEL T. GRISSOM, 000–00–0000 JAMES S. KELLY, 000–00–0000 PATRICK J. DAGON, 000–00–0000 ALAN R. GRONEWOLD, 000–00–0000 BRIAN F. KENADY, 000–00–0000 MATTHEW D. DALL, 000–00–0000 BARIS M. GUNER, 000–00–0000 MATTHEW E. KENNEWAY, 000–00–0000 REBECCA L. DAMM, 000–00–0000 MICHAEL J. GUNNING, 000–00–0000 JASON E. KERR, 000–00–0000 GLEN O. DARE, 000–00–0000 CHARLES M. GUTOWSKI, 000–00–0000 JOHN E. KETTULA, 000–00–0000 JONATHAN P. DARR, 000–00–0000 ROBERT C. HAGEDORN, 000–00–0000 SO YON KI, 000–00–0000 JOEL E. DAVIS, 000–00–0000 JERRY E. HALEY, 000–00–0000 JOHN D. KIERNAN, 000–00–0000 BRIAN J. DAWSON, 000–00–0000 CHARLES W. HALL, 000–00–0000 KATHARYN S. KILBRIDE, 000–00–0000 MICHAEL R. DEBOCK, 000–00–0000 JOHN S. HALL, 000–00–0000 SEAN P. KILCAWLEY, 000–00–0000 JAMES V. DEBOER, 000–00–0000 JASON D. HALLOCK, 000–00–0000 DAVID B. KILLION, 000–00–0000 TONY L. DEDMOND, JR., 000–00–0000 JAMES M. HALLORAN, 000–00–0000 PETER S. KIM, 000–00–0000 MARK A. DELAAR, 000–00–0000 DIMITRI P. HALOULOS, 000–00–0000 CURTIS W. KING, 000–00–0000 DOUGLAS L. DELP, 000–00–0000 SCOTT L. HAMILTON, 000–00–0000 JOSHUA L. KINLEY, 000–00–0000 ROBERT G. DELUCA, JR., 000–00–0000 JOHN H. HAMPTON, 000–00–0000 CHRISTOP S. KINNEY, 000–00–0000 RICHARD K. DEMBOWSKI, 000–00–0000 KIMBERLY M. HANSON, 000–00–0000 IOANNIS E. KIRIAZIS, 000–00–0000 MICHAEL R. DEMPSEY, 000–00–0000 DARREN M. HARBST, 000–00–0000 SCOTT W. KIRKPATRICK, 000–00–0000 ANDREW T. DEPONAI, 000–00–0000 FRANK S. HARDEE, 000–00–0000 DAVID L. KIRMAN, 000–00–0000 DALE C. DESTEFANO, 000–00–0000 KENNETH D. HARDESTY, 000–00–0000 TODD R. KISHPAUGH, 000–00–0000 DANIEL J. DEVRIES, 000–00–0000 KEVIN M. HARE, 000–00–0000 JEFFREY T. KITTELL, 000–00–0000 CONINYAH B. DEW, 000–00–0000 ANNA L. HARMON, 000–00–0000 DEREK T. KLEIN, 000–00–0000 JEFFREY W. DICKEY, 000–00–0000 TYSON W. HARMON, 000–00–0000 STEVEN J. KLUBERTANZ, 000–00–0000 JASON S. DICKIE, 000–00–0000 RICHARD J. HARRIS, 000–00–0000 ANDREW F. KNAGGS, 000–00–0000 RICHARD D. DICKSON, 000–00–0000 WAYMOND E. HARRIS, 000–00–0000 MATISSE M. KNIGHT, 000–00–0000 ALAN H. DINERMAN, 000–00–0000 SARAH R. HART, 000–00–0000 SCOTT P. KNIGHT, 000–00–0000 SHAWN C. DINSMORE, 000–00–0000 DAVID P. HARVIE, 000–00–0000 DEVON E. KNOX, 000–00–0000 AARON Z. DIRKS, 437–53–466 GAR ALLEN HAUGO, 000–00–0000 AARON T. KOHLER, 000–00–0000 ROBERT W. DOERING, 000–00–0000 CLINTON W. HAWKINS, 000–00–0000 IVAN M. KONERMANN, 000–00–0000 AMY L. DONALDSON, 000–00–0000 IRVIN R. HAWKINS, 000–00–0000 CHRISTOP M. KORPELA, 000–00–0000 GLEN G. DONNELLY, 000–00–0000 CHARLES E. HAWTHORNE, 000–00–0000 CHARLENE C. KOW, 000–00–0000 EDWARD A. DONOVAN, 000–00–0000 STEWART M. HAYES, 000–00–0000 GARY R. KRAMLICH, 000–00–0000 WILLIAM D. DORAN, 000–00–0000 BRADLEY E. HAYNIE, 000–00–0000 MICHAEL L. KREH, 000–00–0000 MARC C. DORRER, 000–00–0000 RALPH D. HEATON, 000–00–0000 BRIDGET A. KROGER, 000–00–0000 WILLIAM D. DOUTT, 000–00–0000 GLENN D. HEMMINGER, 000–00–0000 TIMOTHY H. KRUEGER, 000–00–0000 FLOYD D. DRAKE, 000–00–0000 OLIVER T. HENDERSON, 000–00–0000 ANDREW M. KRUG, 000–00–0000 STEVEN E. DROSTE, 000–00–0000 CHAD M. HENKIN, 000–00–0000 TODD J. KUEHNLEIN, 000–00–0000 MICHAEL JOSE DRULIS, 000–00–0000 MATTHEW P. HENNIGAN, 000–00–0000 PAUL L. KUETTNER, 000–00–0000 JASON P. DUANE, 000–00–0000 ARMANDO HERNANDEZ, 000–00–0000 BRANDON G. KULIK, 000–00–0000 DANIEL D. DUCHAI, 000–00–0000 DAVID M. HERNKE, 000–00–0000 JERELD C. KUNARD, 000–00–0000 CHRISTOP S. DUDLEY, 000–00–0000 BENJAMIN D. HERRING, 000–00–0000 BRYAN A. KUNITAKE, 000–00–0000 PAUL V. DULISSE, 000–00–0000 JASON L. HESTER, 000–00–0000 DANIEL J. KUSTELSKI, 000–00–0000 JONATHAN S. DUNN, 000–00–0000 JESSE S. HESTER, 000–00–0000 MICHAEL J. KUZARA, 000–00–0000 RYAN M. DURAN, 000–00–0000 JASON C. HICK, 000–00–0000 ERIK R. LAAKEN, 000–00–0000 LIGON M. DURHAM, 000–00–0000 JAMES N. HICKOK, 000–00–0000 CAMERON G. LABRACHE, 000–00–0000 JOEL K. DURKIN, 000–00–0000 DAVID T. HILLS, 000–00–0000 ALEXANDE C. LADAGE, 000–00–0000 PETER C. EARLE, 000–00–0000 DAVID M. HILSMAN, 000–00–0000 GREGORY A. LAFATA, 000–00–0000 ANDREW B. ECKEL, 000–00–0000 GERALD E. HIMES, 000–00–0000 BARON H. LAMBERT, 000–00–0000 DION M. EDGE, 000–00–0000 FREDERIC M. HINSHAW, 000–00–0000 JUSTIN B. LANE, 000–00–0000 DALE RODNE EDMISTON, 000–00–0000 JAMES A. HISER, 000–00–0000 CONRAD A. LANGENEGGER, 000–00–0000 EMILY J. EDSON, 000–00–0000 CHRISTOP C. HOAG, 000–00–0000 ROBERT W. LANZ III, 000–00–0000 NATHANIE M. EDWARDS, 000–00–0000 CYNTHIA L. HOBBS, 000–00–0000 MARC V. LAROCHE, 000–00–0000 RYAN A. EDWARDS, 000–00–0000 TOBIN L. HOBBS, 000–00–0000 KIRK D. LARSON, 000–00–0000 KARA K. EKHOLM, 000–00–0000 RANDALL W. HOBERECHT, 000–00–0000 REBECCA A. LASH, 000–00–0000 JEFFERSO Y. EMBLEN, 000–00–0000 JOSHUA A. HOBSON, 000–00–0000 JONATHAN C. LAUER, 000–00–0000 RAYMOND J. EMERSON, 000–00–0000 TIMOTHY D. HOCH, 000–00–0000 EDWARD J. LAVELLE, 000–00–0000 MICHEL A. ENOS, 000–00–0000 WILTON N. HOCKADAY, 000–00–0000 JAMES D. LEAMON, 000–00–0000 STEIN B. ERICSSON, 000–00–0000 MATTHEW B. HOLLOWAY, 000–00–0000 FREDERIC D. LEDFORS, 000–00–0000 PAUL F. EVANGELISTA, 000–00–0000 RYAN A. HONL, 000–00–0000 JUSTIN A. LEDZINSKI, 000–00–0000 ROBERT V. EWERS, 000–00–0000 MARK H. HOOVESTOL, 000–00–0000 JAMES J. LEE, 000–00–0000 JAMES A. EWING, 000–00–0000 THOMAS R. HORROBIN, 000–00–0000 JAMES W. LEE, 000–00–0000 BRET C. FALER, 000–00–0000 BENJAMIN J. HOWARD, 000–00–0000 LARRY S. LEE, 000–00–0000 MICHAEL J. FEELEY, 000–00–0000 CHRISTOP W. HOWARD, 000–00–0000 RUSSELL S. LEE, 000–00–0000 JOEL S. FERGUSON, 000–00–0000 THOMAS H. HOWARTH, 000–00–0000 JOSEPH W. LEHMAN, 000–00–0000 PAUL J. FERRIGNO, 000–00–0000 CHRISTOP L. HOWSDEN, 000–00–0000 CRAIG T. LENNON, 000–00–0000 THOMAS J. FEZZA, 000–00–0000 MATTHEW T. HUEMAN, 000–00–0000 PAUL B. LESTER, 000–00–0000 BRADLEY M. FISHER, 000–00–0000 HOLLY HUGHES, 000–00–0000 MICHELLE R. LEWIS, 000–00–0000 MATTHEW R. FIX, 000–00–0000 JOHN R. HUGHES, 000–00–0000 CHARLES S. LIENTZ, 000–00–0000 JON C. FLECK, 000–00–0000 FRED L. HUH, 000–00–0000 KEVIN D. LILLY, 000–00–0000 AMANDA H. FLINT, 000–00–0000 DAVID M. HULL, 000–00–0000 PADRAIC R. LILLY, 000–00–0000 CARLSON N. FLOYD, 000–00–0000 VICTORIA J. HULSE, 000–00–0000 BRYCE I. LINDSAY, 000–00–0000 RICHARD J. FONYI, 000–00–0000 MICHAEL L. HUMMEL, 000–00–0000 AARON D. LINDSTROM, 000–00–0000 PAUL A. FORGEY, 000–00–0000 TIMOTHY D. HUMMEL, 000–00–0000 NATALIE R. LINENDOLL, 000–00–0000 GREGORY S. FORTIER, 000–00–0000 PETER J. HUYBERS, 000–00–0000 ERIC T. LING, 000–00–0000 DAVID M. FORTSON, 000–00–0000 MINDY A. HYNDS, 000–00–0000 GREGORY LITYNSKI, 000–00–0000 DAMIEN E. FOSMOE, 000–00–0000 HOLLY R. IKER, 000–00–0000 IAN J. LLEWELLYN, 000–00–0000 LAWRENCE D. FOSS, 000–00–0000 JAMES U. IMOH, 000–00–0000 ERIC P. LOPEZ, 000–00–0000 CHAD S. FOSTER, 000–00–0000 GERALD D. INGALLS, 000–00–0000 BRYAN M. LOVE, 000–00–0000 AARON J. FRANCIS, 000–00–0000 KIRK A. INGOLD, 000–00–0000 STEPHEN A. LOVE, 000–00–0000 JOHN R. FREDERICK, 000–00–0000 MATTHEW D. IRAM, 000–00–0000 PATRICK S. LOWRY, 000–00–0000 CHRISTOP G. FREEMAN, 000–00–0000 JAIME A. IRICK, 000–00–0000 JOSHUA M. LUBARSKY, 000–00–0000 YELANKAN Z. FREEMAN, 000–00–0000 AVRAM J. ISAACSON, 000–00–0000 THOMAS W. LUCARIO, 000–00–0000 JASON R. FREIDT, 000–00–0000 MATTHEW L. ISAACSON, 000–00–0000 AARON B. LUCK, 000–00–0000 JOHN A. FRICK, 000–00–0000 THOMAS A. JACKSON, 000–00–0000 MICHAEL E. LUCY, 000–00–0000

VerDate Aug 31 2005 05:10 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00060 Fmt 4624 Sfmt 9801 J:\ODA16\1996_F~1\S26MR6.REC S26MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 26, 1996 CONGRESSIONAL RECORD — SENATE S2901

MARK D. LUEKING, 000–00–0000 JOHN W. OCANA, 000–00–0000 JOHN F. SCHEPFLIN, 000–00–0000 AMY J. LUYSTER, 000–00–0000 MICHAEL B. OCHS, 000–00–0000 DAVID P. SCHLEIFF, 000–00–0000 DARCY L. LYBECK, 000–00–0000 SHAWN M. O’CONNOR, 000–00–0000 TROY A. SCHNACK, 000–00–0000 MARK A. LYNSKEY, 000–00–0000 BUCKLEY E. O’DAY, 000–00–0000 MICHAEL P. SCHOCK, 000–00–0000 STEPHAN E. LYNSKEY, 000–00–0000 KEVIN D. OFFEL, 000–00–0000 TODD SCHULTZ, 000–00–0000 BRYON J. MACE, 000–00–0000 JODY B. OFFSTEIN, 000–00–0000 GREGORY E. SCHWARZ, 000–00–0000 CRAIG M. MACERI, 000–00–0000 ERIC A. OGBORN, 000–00–0000 ANDREA LOUIS SCOTT, 000–00–0000 DEANN R. MACHLAN, 000–00–0000 BENJAMIN R. OGDEN, 000–00–0000 JAMAR D. SCOTT, 000–00–0000 AMY E. MADDEN, 000–00–0000 JENNIFER D. OLIVA, 000–00–0000 NATHANIEL SCOTT, JR., 000–00–0000 FREDRIC R. MADDOX, 000–00–0000 TYLER K. OLSON, 000–00–0000 ALEXANDE D. SEGUIN, 000–00–0000 LANDIS C. MADDOX, 000–00–0000 PATRICK S. O’NEAL, 000–00–0000 DANIEL A. SEGURA, 000–00–0000 TOBIN A. MAGSIG, 000–00–0000 MATTHEW J. O’NEIL, 000–00–0000 JOHN J. SENNEFF, 000–00–0000 FERDINAR E. MALASMAS, 000–00–0000 JOSEPH R. OPPOLD, 000–00–0000 MICHAEL J. SESSA, 000–00–0000 JAMES E. MALPHURS, 000–00–0000 JAMES B. OSBORNE, 000–00–0000 MARC N. SHAFER, 000–00–0000 MICHAEL W. MANDARINO, 000–00–0000 HEATHER L. OUSLEY, 000–00–0000 ANDREW D. WHALLER, 000–00–0000 ROBERT R. MANNING, 000–00–0000 CHRISTOPHER E. OXENDINE, 000–00–0000 GREGORY K. SHARPE, 000–00–0000 MICHAEL R. MANSELL, 000–00–0000 ROBERT J. OZANICH, 000–00–0000 DANIEL P. SHAW, 000–00–0000 GEORGE A. MARCONTELL, 000–00–0000 ALISHA I. PABON, 000–00–0000 TIMOTHY R. SHAW, 000–00–0000 CHAD T. MARLEY, 000–00–0000 JEFFREY O. PAINE, 000–00–0000 CHRISTOP M SHEARER, 000–00–0000 BENJAMIN J. MARLIN, 000–00–0000 DAVID J. PALAZZO, 000–00–0000 DAVID V. SHEBALIN, 000–00–0000 HUNTER M. MARSHALL, 000–00–0000 BENJAMIN N. PALMER, 000–00–0000 BRENDAN J. SHEEHAN, 000–00–0000 STEVEN G. MARSHALL, 000–00–0000 JAMES G. PANGELINAN, 000–00–0000 MICHAEL A. SHEKLETON, 000–00–0000 LAWRENCE D. MARTIN, 000–00–0000 ANDREW Y. PARK, 000–00–0000 JEFFRY W. SHETTERLY, 000–00–0000 DAMIEN E. MASON, 000–00–0000 ANGELA M. PARKER, 000–00–0000 STANLEY J. SHIN, 000–00–0000 SCOTT R. MASSON, 000–00–0000 JOHN E. PATTERSON, 000–00–0000 DAVID A. SHIRLEY, 000–00–0000 CHRISTOP P. MASTERS, 000–00–0000 PAUL E. PATTERSON, 000–00–0000 DEVIN M. SHIRLEY, 000–00–0000 GLENN RAY MATLOCK, 000–00–0000 BRIAN W. PAVLICK, 000–00–0000 MATTHEW A. SHIRLEY, 000–00–0000 CURTIS L. MATTSON, 000–00–0000 DAVID B. PEEPLES, 000–00–0000 BARRY L. SIMMONS, 000–00–0000 RYAN D. MATULKA, 000–00–0000 JUSTIN M. PELKEY, 000–00–0000 CHRISTOP T. SIMPSON, 000–00–0000 CARMEN MAY, 000–00–0000 THEODORE J. PELZEL, 000–00–0000 STEVEN D. SIMS, 000–00–0000 ERIC L. MAYER, 000–00–0000 KATHERIN L. PENDRY, 000–00–0000 EREN P. SITKI, 000–00–0000 MELISSA A. MAZUR, 000–00–0000 JAMES L. PERRINE, 000–00–0000 MICHAEL S. SIVULKA, 000–00–0000 ERIC P. MC ALLISTER, 000–00–0000 CHARLES C. PERRY, 000–00–0000 BRYAN K. 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STEWARD, 000–00–0000 WILLIAM D. MILLS, 000–00–0000 TIMOTHY P. RAKER, 000–00–0000 NICOLE M. STEWART, 000–00–0000 OLIVER F. MINTZ, 000–00–0000 ANDREW L. RAMOS, 000–00–0000 RICHARD E. STIEK, 000–00–0000 STEPHEN A. MOHME, 000–00–0000 ANTHONY P. RANDALL, 000–00–0000 DAXTON T. STILWELL, 000–00–0000 DAVID J. MOLINARI, 000–00–0000 COURTLAN A. RANKIN, 000–00–0000 CHRISTINE E. ST JOHN, 000–00–0000 FRANCIS J. MONACO, 000–00–0000 ROBERT W. RATCLIFFE, 000–00–0000 NEIL R. STOCKMASTER, 000–00–0000 JEFFREY R. MONTNARI, 000–00–0000 JOEL D. RAUP, 000–00–0000 ERIC J. STONER, 000–00–0000 AARON L. MONTGOMERY, 000–00–0000 JAMES A. RAY, JR., 000–00–0000 MARK W. STOUFFER, 000–00–0000 MICHAEL R. MOON, 000–00–0000 MARK D. RAY, 000–00–0000 EDWARD LEE STOVER, 000–00–0000 ANN M. MOORE, 000–00–0000 BRENDAN C. RAYMOND, 000–00–0000 MARIA L. STREBA, 000–00–0000 KEVIN L. MOORE, 000–00–0000 SHELLEY A. RAYMOND, 000–00–0000 FRANCES A. SUGRUE, 000–00–0000 RYAN E. MOORE, 000–00–0000 CYNTHIA L. REAMS, 000–00–0000 CHARLES A. SULEWSKI, 000–00–0000 BRYAN A. MORGAN, 000–00–0000 JOSEPH D. REAP, 000–00–0000 WARDELL O. SULLIVAN, 000–00–0000 EILEEN MORITZ, 000–00–0000 MIKAEL B. RECKLEY, 000–00–0000 RYAN L. SUMSTAD, 000–00–0000 ALEXANDE O. MORRIS, 000–00–0000 JONATHAN B. REDMOND, 000–00–0000 BRIAN A. SUMUTKA, 000–00–0000 SCOTT B. MORRIS, 000–00–0000 LENORE M. REDMOND, 000–00–0000 JEFFREY K. SUTTON, 000–00–0000 THEODORE S. MORRIS, 000–00–0000 JOHN S. REED, 000–00–0000 LEVI J. SUTTON, 000–00–0000 DALE M. MOUCH, 000–00–0000 LESLIE B. REESE, 000–00–0000 DAVID L. SWENSON, 000–00–0000 JASON D. MOURA, 000–00–0000 SHANE R. REEVES, 000–00–0000 JOSEPH T. SWIECKI, 000–00–0000 ABDULLAH MUHAMMAD, 000–00–0000 PHILIP G. REUSS, 000–00–0000 CHRISTIN A. SWINDLEHURST, 000–00–0000 WILLIAM E. MULLEE, 000–00–0000 DAVID M. RICHKOWSKI, 000–00–0000 BRIAN E. SWINEHART, 000–00–0000 DANIEL P. MURPHY, 000–00–0000 DEVIN L. RICKEY, 000–00–0000 SCOTT ALLEN TACKETT, 000–00–0000 KEVIN M. MYERS, 000–00–0000 JAMES G. RIEL, 000–00–0000 JASON C. TALIAFERRO, 000–00–0000 RONALD F. MYERS, 000–00–0000 BENJAMIN A. RING, 000–00–0000 CATHERIN B. TAYLOR, 000–00–0000 SCOTT A. MYERS, 000–00–0000 KIRK M. RINGBLOOM, 000–00–0000 GREGORY J. TAYLOR, 000–00–0000 KAREN MYSLIWIEC, 000–00–0000 NICOLE R. RIVA, 000–00–0000 WILLIAM B. TAYLOR, 000–00–0000 THOMAS J. NAGLE, 000–00–0000 LIBRADO KIM RIVAS, 000–00–0000 WILLIAM T. TEBBE, 000–00–0000 JOHN D. NAIL, JR., 000–00–0000 JOSE D. RIVERA, 000–00–0000 BRANDON R. TEGTMEIER, 000–00–0000 THOMAS G. NAPLES, 000–00–0000 GLENN B. ROBBINS III, 000–00–0000 CORY D. TEREICK, 000–00–0000 KIMBERLY D. NASH, 000–00–0000 ALISTAIR J. ROBERTS, 000–00–0000 WILLIAM S. THARP, 000–00–0000 SCOTT M. NAUMANN, 000–00–0000 DEAN B. ROBERTS, 000–00–0000 ROXANNE M. THEOBALD, 000–00–0000 MICHAEL T. NEARY, 000–00–0000 MATTHEW A. ROBERTS, 000–00–0000 CARLA THOMAS, 000–00–0000 MICHAEL J. NEBESKY, 000–00–0000 GLENN S. ROBERTSON, 000–00–0000 RONALD P. THOMAS, 000–00–0000 JAMES H. NELSON, 000–00–0000 BENJAMIN C. RODGERS, 000–00–0000 RYAN M. THOMAS, 000–00–0000 KENNETH J. NELSON, 000–00–0000 TIMOTHY J. RODGERS, 000–00–0000 TRAVIS M. THOMAS, 000–00–0000 ROSS F. NELSON, 000–00–0000 ISMAEL R. RODRIGUEZ, 000–00–0000 KENNETH D. THOMPSON, 000–00–0000 DUSTIN P. NEUBERGER, 000–00–0000 JONATHAN W. ROGINSKI, 000–00–0000 STEPHEN J. THORLEY, 000–00–0000 ANTHONY E. NEW, 000–00–0000 PHILIP J. ROOT, 000–00–0000 CHARLES G. THRASH, 000–00–0000 MATTHEW A. NEWGENT, 000–00–0000 JASON W. ROSS, 000–00–0000 RAYMOND J. TOMASITS, 000–00–0000 JOEL D. NEWSOM, 000–00–0000 DONALD C. RUCKER, 000–00–0000 FREDERIC J. TOTI, 000–00–0000 EVIN S. NIERADKA, 000–00–0000 AARON W. RUMFELT, 000–00–0000 MARC E. TOULOUSE, 000–00–0000 HENRY G. NIXON, 000–00–0000 VINCENT K. RUSSELL, 000–00–0000 KYLE W. TOWNS, 000–00–0000 ERIC M. NOE, 000–00–0000 AMY H. RUTH, 000–00–0000 JOSEPH A. TRIANO, 000–00–0000 KEVIN M. NORMAN, 000–00–0000 KEVIN R. RYAN, 000–00–0000 CHRISTOP A. TUBBS, 000–00–0000 SAMUEL G. NORQUIST, 000–00–0000 LAURA R. SABATINI, 000–00–0000 BRIAN L. TUCKER, 000–00–0000 MATTHEW E. NOVAK, 000–00–0000 ANTHONY J. SABINO, 000–00–0000 JOHN C. TUCKER, 000–00–0000 THOMAS E. NOVAK, 000–00–0000 BRIAN J. SALIE, 000–00–0000 JOHN T. TURNER, 000–00–0000 BRIAN J. NOVOSELICH, 000–00–0000 ERIC M. SASS, 000–00–0000 MICHAEL R. TURNER, 000–00–0000 JOHN J. NOWOGROCKI, 000–00–0000 CHARLES E. SAUNDERS, 000–00–0000 DUNCAN E. TYE, 000–00–0000 ANDREW D. NYGAARD, 000–00–0000 PAUL A. SAVEL, 000–00–0000 JEFFERY D. UGINO, 000–00–0000 SUZANNE M. O’BARR, 000–00–0000 TODD A. SCATTINI, 000–00–0000 THADDEUS L. UNDERWOOD, 000–00–0000 CHRISTOPHER M. O’BRIEN, 000–00–0000 CURTIS E. SCHAEFER, 000–00–0000 ABRAHAM T. USHER, 000–00–0000 JAMES M. O’BRIEN, 000–00–0000 ANDREW G. SCHANNO, 000–00–0000 JAMES A. VANATTA, 000–00–0000

VerDate Aug 31 2005 05:10 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00061 Fmt 4624 Sfmt 9801 J:\ODA16\1996_F~1\S26MR6.REC S26MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2902 CONGRESSIONAL RECORD — SENATE March 26, 1996

MICHAEL S. VANBUSKIRK, 000–00–0000 JOEL R. ARELLANO, 000–00–0000 BERNARD NOEL BRADY, 000–00–0000 PETER H. VANGEERTRUYDEN, 000–00–0000 JOHN L. ARGUE, 000–00–0000 MICHAEL ALAN BRAULT, 000–00–0000 TODD M. VANSICKLE, 000–00–0000 JOHN DAVID ARMBRUSTER, 000–00–0000 ANDREW S. BRAZEE, 000–00–0000 LANCE K. VANZANDT, 000–00–0000 VERNICE G. ARMOUR, 000–00–0000 THOMAS KYLE BREDE, 000–00–0000 MICHAEL W. VARGO, 000–00–0000 MALEE K. ARMWOOD, 000–00–0000 ROBERT M. BRENDLE, 000–00–0000 MARCUS R. VARTAN, 000–00–0000 CAROL A. ASADOORIAN, 000–00–0000 SEAN P. BRESLIN, 000–00–0000 MARK C. VETTER, 000–00–0000 ANTHONY JOHN ASBORNO, 000–00–0000 JOHN R. BRETTHORST, 000–00–0000 JASON R. VILLAS, 000–00–0000 WILLIAM CLAUDE ASHMORE, 000–00–0000 MATTHEW W. BREWER, 000–00–0000 JAMES S. VINALL, 000–00–0000 KARL M. ASMUS, 000–00–0000 GARLAND L. BRIAN, JR., 000–00–0000 JAY A. VIRGIL, 000–00–0000 DARIAN A. ATKINSON, 000–00–0000 LAWRENCE ROBERT BRICE, 000–00–0000 CHRISTOP T. VISCOVICH, 000–00–0000 JASON JEREMY AULD, 000–00–0000 DANIEL D. BRIDON, 000–00–0000 JOSEPH VONGSVARNRUNGRUANG, 000–00–0000 EDWARD PAUL AUSTIN, 000–00–0000 BURKE L. BRISTOW, 000–00–0000 TODD R. VYDARENY, 000–00–0000 BENJAMIN LEWIS AUTREY, 000–00–0000 RASHIMA D. BROOKS, 000–00–0000 BAXTER F. WADE, 000–00–0000 PACE R. AVERY, 000–00–0000 TRAVIS S. BROOKS, 000–00–0000 KRISTA L. WAGNER, 000–00–0000 JEFFREY E. AYCOCK, 000–00–0000 ALAN STUART BROWN, 000–00–0000 THOMAS J. WALDRON, 000–00–0000 GWYN ANNE AYER, 000–00–0000 CHAD R. BROWN, 000–00–0000 MICHAEL W. WALL, 000–00–0000 TIMOTHY M. BAER, 000–00–0000 JEFFREY EUGENE BROWN, 000–00–0000 BENJAMIN M. WALLEN, 000–00–0000 DESMOND VANN BAILEY, 000–00–0000 JOSEPH DAMON BROWN, 000–00–0000 JAMES N. RAY WALSER, 000–00–0000 JIMMY OWEN BAILEY, 000–00–0000 MATTHEW R. BROWN, 000–00–0000 JAMES A. WALSH, 000–00–0000 LYNN ALAN BAILEY, 000–00–0000 TIMOTHY P. BROWN, 000–00–0000 MATTHEW T. WALSH, 000–00–0000 CARRIE ANNE BAKER, 000–00–0000 JAKOB C. BRUHL, 000–00–0000 GEORGE H. WALTER, 000–00–0000 DANIEL CALVIN BAKER, 000–00–0000 CURTIS L. BRUMFIELD II, 000–00–0000 JOHN P. WALTON, 000–00–0000 ELLIS R. BAKER, 000–00–0000 PAUL A. BRUNET, 000–00–0000 LAWRENCE R. WALTON, 000–00–0000 MICHAEL A. BAKER, 000–00–0000 DWIGHT JOSEPH BRYAN, JR., 000–00–0000 MATHEW A. WANCHICK, 000–00–0000 PHILLIP CAIN BAKER, 000–00–0000 BOBBY W. BRYANT, 000–00–0000 KATHERIN P. WARD, 000–00–0000 JAMES A. BALADAD, 000–00–0000 SCOTT ALLEN BRYSON, 000–00–0000 DANIEL E. WARN, 000–00–0000 IRA S. BALDWIN, 000–00–0000 THOMAS E. BRZOZOWSKI, 000–00–0000 CHRISTOP H. WARNER, 000–00–0000 MATTHEW S. BALINT, 000–00–0000 MICHAEL PAUL BUCHKOSKI, 000–00–0000 LAURA C. WATSON, 000–00–0000 EDWARD JOSEPH BALLANCO, 000–00–0000 KRISTINA J. BUCHMAN, 000–00–0000 SCOTT T. WATSON, 000–00–0000 FREDA V. BALLARD, 000–00–0000 CHRISTOPHER M. BUCK, 000–00–0000 JAMES A. WAYNE, 000–00–0000 HEATH FREDERICK BALMOS, 000–00–0000 DAVID PATRICK BUCK, 000–00–0000 TRENT R. WEBB, 000–00–0000 BENJAMIN S. BANE, 000–00–0000 DAVID EDWARD BULLARD, 000–00–0000 JASON B. WEEKES, 000–00–0000 GRANT B. BANKO, 000–00–0000 ANTHONY R. BULLIMORE, 000–00–0000 ROBERT S. WELLER, 000–00–0000 JAKOB BANKS, 000–00–0000 DEAN A. BUNDSCHU, 000–00–0000 MICHAEL W. WELLS, 000–00–0000 RICHARD RAMIAZ BANKS, 000–00–0000 ERIC CRAWFORD BUNDY, 000–00–0000 KYLE J. WERKING, 000–00–0000 ANDREW J. BANNON, 000–00–0000 ROBERT LANCE BURCH, 000–00–0000 RYAN M. WERLING, 000–00–0000 FREDRICK L. BARBER, 000–00–0000 WILLIAM W. BURCH, 000–00–0000 EMETT A. WHITE, 000–00–0000 CLAUDE ANDRA BARFIELD, 000–00–0000 MICHAEL D. BURCHAM, 000–00–0000 CHRISTOP W. WHITMARK, 000–00–0000 JASON MARK BARNES, 000–00–0000 MATHEW DANIEL BURGESS, 000–00–0000 GLEN P. WHITNER, 000–00–0000 DEREK S. BARR, 000–00–0000 STEPHEN MICHAEL BURGGRAFF, 000–00–0000 MATTHEW T. WIGER, 000–00–0000 JENNIFER J. BARRIE, 000–00–0000 ANDRE L. BURK, 000–00–0000 BAASIL T. WILDER, 000–00–0000 STEVEN R. BARRON, 000–00–0000 JEFFREY PATRICK BURKE, 000–00–0000 KENNETH J. WILKINSON, 000–00–0000 JENNIFER LEIGH BARRY, 000–00–0000 PHILLIP GREGORY BURNS, 000–00–0000 BARRY W. WILLIAMS, 000–00–0000 STACEY DEAN BARTECK, 000–00–0000 CURTIS E. BURRELL, JR., 000–00–0000 BLAIR S. WILLIAMS, 000–00–0000 DOUGLAS A. BARTLETT, 000–00–0000 BRADFORD M. BURRIS, 000–00–0000 COLIN L. WILLIAMS, 000–00–0000 CANDY S. BASNEY, 000–00–0000 DAVID PAUL BURRIS, 000–00–0000 TACUMA S. WILLIAMS, 000–00–0000 KRISTOFER EDWARD BAST, 000–00–0000 EDGAR C. BURSTION, 000–00–0000 KATHY M. WILLIS, 000–00–0000 JIMMY SCOTT BATES, 000–00–0000 JON A. BUSHMAN, 000–00–0000 KIP A. WILSON, 000–00–0000 CARY ALAN BATHRICK, 000–00–0000 CHRISTOPHER M. BYRD, 000–00–0000 MARK A. WILSON, 000–00–0000 WILLIAM A. BAUER, 000–00–0000 JASON A. BYRD, 000–00–0000 JONATHAN C. WINCHESTER, 000–00–0000 MATTHEW H. BAUSCH, 000–00–0000 LAURA IRENE BYRD, 000–00–0000 IAN S. WINER, 000–00–0000 JAMES W. BEACH, 000–00–0000 CHRISTOPHER O. CADIGAN, 000–00–0000 NATHANIE G. WISSMAR, 000–00–0000 KEVIN SHANNON BEAGLE, 000–00–0000 CYRUS T. CADY, 000–00–0000 THADDEUS A. WOJTUSIK, 000–00–0000 TANYA LYNN BEAM, 000–00–0000 KATHERINE A. CAHILL, 000–00–0000 STEFAN R. WOLFE, 000–00–0000 JOSEPH D. BECKER, 000–00–0000 BRUTRINIA D. CAIN, 000–00–0000 DAMAN R. WOOD, 000–00–0000 SUSAN H. BEIN, 000–00–0000 JOSEPH R. CALDWELL, 000–00–0000 J.B. WORLEY III, 000–00–0000 JAMES PATRICK BEKURS, 000–00–0000 CHRISTIAN R. CALI, 000–00–0000 TIMOTHY S. WREN JR., 000–00–0000 CHRISTINA A. BELL, 000–00–0000 DAVID CAMPBELL, JR., 000–00–0000 BENJAMIN D. WRIGHT, 000–00–0000 JAMES M. BELL, 000–00–0000 MICHAEL LANCE CAMPBELL, 000–00–0000 STUART B. WRIGHT, 000–00–0000 MYRON L. BELL, 000–00–0000 KYLE ALAN CANIGLIA, 000–00–0000 GARY H. WYNN, 000–00–0000 LONNIE J. BELLAMY, JR., 000–00–0000 NORMAN J. CANNON, 000–00–0000 WILLIAM A. WYROVSKY, 000–00–0000 HEATHER O. BELLUSCI, 000–00–0000 MATTHEW JOHN CAPPIELLO, 000–00–0000 GERALD T. YAP, 000–00–0000 MICHAEL R. BELTON, 000–00–0000 BRIAN S. CARDINALI, 000–00–0000 CHRISTOP J. YEATON, 000–00–0000 SANDRA IVETTE BELTRAN, 000–00–0000 PAUL VERNON CARLYLE, 000–00–0000 JOHN L. YI, 000–00–0000 ERIK M. BENDA, 000–00–0000 JAMES P. CARNEY, 000–00–0000 ABEL E. YOUNG, 000–00–0000 ROBERT S. BENEZRA, 000–00–0000 MICHAEL J. CARNEY, 000–00–0000 DILLARD W. YOUNG, 000–00–0000 MICHAEL FRANCIS BENGS, 000–00–0000 SCOTT WYMAN CARPENTER, 000–00–0000 KYUNG M. YU, 000–00–0000 ROBERT G. BENNETT, 000–00–0000 CLAYTON A. CARR, 000–00–0000 ANDREW E. YULIANO, 000–00–0000 JASON PHILIP BENSON, 000–00–0000 MELISSA M. CARR, 000–00–0000 ERIC ZAMPEDRI, 000–00–0000 DEVIN BENTON, 000–00–0000 WILLIAM HENRY CARR IV, 000–00–0000 RICHARD L. ZANARDI, 000–00–0000 CORY NOEL BERG, 000–00–0000 WILLIAM J. CARR, 000–00–0000 JEFFREY S. ZANELOTTI, 000–00–0000 LANA JANE BERNAT, 000–00–0000 SCOTT LYN CARROLL, 000–00–0000 LAUREL C. ZIMMERMAN, 000–00–0000 VALENT PETER BERNAT III, 000–00–0000 WILLIAM JAMES CARSON, 000–00–0000 JAMES E. ZOPELIS, 000–00–0000 SALINAS FRANCISCO BEZARES, 000–00–0000 ANDRE A. CARTER, 000–00–0000 BRIAN W. ZUCK, 000–00–0000. MICHAEL R. BIANKOWSKI, JR., 000–00–0000 KENNETH W. CARTER, 000–00–0000 MATTHEW MARION BIRD, 000–00–0000 JOHN G. CARVAN, 000–00–0000 THE FOLLOWING-NAMED RESERVE OFFICERS’ TRAIN- JAMES A. BIRMINGHAM, 000–00–0000 LAMONTE S. CARVER, 000–00–0000 ING CORPS CADETS FOR APPOINTMENT IN THE REGULAR DANIEL STEPHEN BISHOP, 000–00–0000 BRAD CHARLES CASSISE, 000–00–0000 ARMY OF THE UNITED STATES, IN THE GRADE OF SEC- SHANNON N. BISHOP, 000–00–0000 JOHN H. CATHELL, 000–00–0000 OND LIEUTENANT, UNDER THE PROVISIONS OF TITLE 10, ERIC STEFAN BJERKAAS, 000–00–0000 JUAN CARLOS CERVANTES, 000–00–0000 UNITED STATES CODE, SECTIONS 531, 532, 533, AND 2106: KENDALL K. BJORGE, 000–00–0000 STEPHEN D. CHADWICK, 000–00–0000 To be second lieutenant GREGORY WAYNE BLACKMAN, 000–00–0000 MATTHEW G. CHAMERS, 000–00–0000 PEGGY L. BLACKWELL, 000–00–0000 JAMES K. CHAMP, 000–00–0000 MOHAMMAD A. ABBAS, 000–00–0000 CANAAN KEKOA BLAKE, 000–00–0000 EDWIN E. CHAMPION, 000–00–0000 FIGUEROA JOHN ACEVEDO, 000–00–0000 JOSEPH P. BLAKENEY, 000–00–0000 CHAD N. CHANDLER, 000–00–0000 CHRISTOPHER M. ADAMS, 000–00–0000 MICHAEL JAMES BLANKARTZ, 000–00–0000 PAUL L. CHANG, 000–00–0000 JASON DELACE ADAMS, 000–00–0000 MICHAEL A. BLISS, 000–00–0000 JOSEPH A. CHAPMAN, 000–00–0000 ROBERT WAYNE ADAMS, 000–00–0000 ZANE E. BLOOM, JR., 000–00–0000 TEDROSE H. CHARLES, 000–00–0000 CARRIE J. ADELSON, 000–00–0000 JEREMY E. BLOYD, 000–00–0000 DEREK J. CHASSIE, 000–00–0000 JOSEPH H. ADENT, 000–00–0000 JOSEPH ERNEST BOECKX, 000–00–0000 JAMES F. CHASTAIN, JR, 000–00–0000 WINFIELD A. ADKINS, 000–00–0000 HEATHER DIANE BOEHM, 000–00–0000 JOHN CHARLES CHECCO, 000–00–0000 APRIL LEE AITKEN, 000–00–0000 ROY L. BOLAR, 000–00–0000 BRIAN A. CHERIPKA, 000–00–0000 JAMES R. ALBANO, 000–00–0000 STACY MICHELE, BOLLA, 000–00–0000 JAMIE J. CHIEFFE, 000–00–0000 CHRISTOPHER ALDERMAN, 000–00–0000 JOHN DAVID BOLLINGER, 000–00–0000 ANDREW K. CHILDRESS, 000–00–0000 ANREE C. ALEXANDER, 000–00–0000 JODI L. BOLLONE, 000–00–0000 DANA M. CHRISTENSEN, 000–00–0000 CLINTON D. ALEXANDER, 000–00–0000 GUTIERREZ HECTOR BONET, 000–00–0000 JONG HO CHUNG, 000–00–0000 NEIL L. ALEXIS, 000–00–0000 GERALD L. BONNER, JR., 000–00–0000 JOSEPH PATRICK CIMATO, 000–00–0000 RANDY GLENN ALFREDO, 000–00–0000 JOHN JOSEPH BOPP, 000–00–0000 EDWARD M. CIURA, 000–00–0000 ROGER M. ALLBRANDT, 000–00–0000 JASON BORG, 000–00–0000 LORENZO A. CLARIDY, 000–00–0000 CATRACY R. ALLEN, 000–00–0000 SEAN BORTZ, 000–00–0000 HARRY J. CLARK, 000–00–0000 SCOTT THOMAS ALLEN, 000–00–0000 WILLIAM E. BOSWELL, 000–00–0000 TERRY LEROY CLARK, 000–00–0000 JEANNE LOUISE ALLEVA, 000–00–0000 STEPHANIE LEE BOUNDS, 000–00–0000 AVILES LUIS CLASS, 000–00–0000 KATHLEEN ALLRED, 000–00–0000 STEPHEN M. BOUSQUET, 000–00–0000 BRADY J. CLAUSS, 000–00–0000 JAMES R. ALLSOP, JR., 000–00–0000 HESTON FARIS BOWER, 000–00–0000 DAMON PATRICK CLEATON, 000–00–0000 PETER A. ALTIERI, 000–00–0000 FEDERICK B. BOWER, 000–00–0000 ALLAN JOSEPH CLEAVELAND, 000–00–0000 EDWARD ALVARADO, JR., 000–00–0000 DAVID MICHAEL BOWERS, 000–00–0000 DEMETRIOUS G. CLEOTELIS, 000–00–0000 DENISE T. ALVAREZ, 000–00–0000 LENWOOD F. BOWERS, JR., 000–00–0000 GLEN EDWARD CLUBB, 000–00–0000 JESUS E. ALVAREZ, JR., 000–00–0000 MICHELLE LYN BOWKER, 000–00–0000 TIMOTHY A. COAKLEY, 000–00–0000 ANDREW C. ANDERSON, 000–00–0000 KENNETH SCOTT BOWLES, 000–00–0000 JERRY E. COBURN, 000–00–0000 BRANDY L. ANDERSON, 000–00–0000 TOMMY D. BOWLING, JR., 000–00–0000 ROBERT JOSEPH COCKRELL, 000–00–0000 KRISTIN A. ANDERSON, 000–00–0000 DEREK ALLAN BOWLS, 000–00–0000 ANDREW COGAR, 000–00–0000 RONNIE D. ANDERSON, JR., 000–00–0000 JONATHAN A. BOWMAN, 000–00–0000 FRANK S. COLASANTO, 000–00–0000 GEORGE R. ANDREWS, JR., 000–00–0000 JOESPH A. BOWMAN, 000–00–0000 JAMES F. COLE, 000–00–0000 JOMICHAEL L. ANDREWS, 000–00–0000 JOHN W. BOYLE, 000–00–0000 LISA D. COLEMAN, 000–00–0000 THOMAS JAMES ANTON, 000–00–0000 RUSSELL SCOTT BRADEN, 000–00–0000 THAD JAMES COLLARD, 000–00–0000 SCOTT APPLEGATE, 000–00–0000 YOLANDA J. BRADFORD, 000–00–0000 KATHERINE V. COLLARINI, 000–00–0000 JASON W. ARCHIBALD, 000–00–0000 KENDRICK E. BRADLEY, 000–00–0000 FREDERICK LOWE COLLIER, 000–00–0000

VerDate Aug 31 2005 05:10 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00062 Fmt 4624 Sfmt 9801 J:\ODA16\1996_F~1\S26MR6.REC S26MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 26, 1996 CONGRESSIONAL RECORD — SENATE S2903

CALE C. COLLINS, 000–00–0000 CHRISTOPHER A. DURHAM, 000–00–0000 JOHN A. GLACCUM, 000–00–0000 JOHN SIMMON COMBS, 000–00–0000 CHRISTOPHER B. DURHAM, 000–00–0000 CHRISTOPHER P. GLEASON, 000–00–0000 TRACY K. COMBS, 000–00–0000 JOHN P. DWYER, 000–00–0000 ROBERT A. GLECKLER, 000–00–0000 HUGH R. COMLEY, 000–00–0000 JENNIFER A. DYER, 000–00–0000 KENNETH A. GLIDEWELL, 000–00–0000 SCOTT W. CONNER, 000–00–0000 DAVID SCOTT EATON, 000–00–0000 LISA N. GNIADY, 000–00–0000 DARIN R. CONRAD, 000–00–0000 NATHAN J. EBELING, 000–00–0000 BRIAN LEWIS GODBEY, 000–00–0000 JEFFREY P. CONROY, 000–00–0000 STACEY L. ECKHARDT, 000–00–0000 WILLIAM D. GODBY, 000–00–0000 CHRITOPHER H. CONWAY, 000–00–0000 WILLIAM R. EDMONDS, 000–00–0000 JAMES GODFREY, 000–00–0000 CHARLES CHRISTIAN COOK, 000–00–0000 JASON THOMAS EDWARDS, 000–00–0000 JEREMY M. GODWIN, 000–00–0000 JOSHUA WILLIAM COOK, 000–00–0000 JEFFREY J. EDWARDS, 000–00–0000 MARK F. GOELLER, 000–00–0000 ROBERT MICHAEL COOK, 000–00–0000 LAURA S. EDWARDS, 000–00–0000 ERIC M. GOLDMAN, 000–00–0000 GARY S. COOPER, 000–00–0000 MICHAEL EDWARDS, 000–00–0000 BRENT JOHN GOMEZ, 000–00–0000 REX ALAN COPELAND, 000–00–0000 WILLIAM D. EDWARDS, 000–00–0000 DORIS NOEMI GONZALEZ, 000–00–0000 JORGE O. CORDEIRO, 000–00–0000 HEIDI M. EERNISSE, 000–00–0000 JASON MANLEY GOOD, 000–00–0000 MICHAEL W. CORLEY, 000–00–0000 FRANKLIN E. ELKINS III, 000–00–0000 MICHAEL A. GORRECK, 000–00–0000 MALCOLM S. CORNISH, 000–00–0000 HEIDI JANELLE ELLEDGE, 000–00–0000 JOSEPH GOZDIESKI, 000–00–0000 CHARLES A. COSGROVE III, 000–00–0000 JONATHAN M. ELLIS, 000–00–0000 CHARLES B. GRANT, 000–00–0000 CHRISTOPHER COSTELLO, 000–00–0000 DAVID P. ELSEN, 000–00–0000 JASON L. GRANT, 000–00–0000 PHLIP J. COTTER, 000–00–0000 AMY L. EMANUEL, 000–00–0000 BRIAN SHANE GRASS, 000–00–0000 MARTIN A. COUCH, 000–00–0000 ROBERT E. EMERICK, 000–00–0000 BARBARA I. GRAY, 000–00–0000 KARRIE S. COWAN, 000–00–0000 DAVID JOHN EMIG, 000–00–0000 ROY ARTHUR GRAY, 000–00–0000 CHRISTOPHER C. COX, 000–00–0000 DAKEN LUCAS ENGMANN, 000–00–0000 MICHAEL J. GREEN, 000–00–0000 CLINTON W. COX, 000–00–0000 STEVEN A. ERICKSON, 000–00–0000 TIMOTHY O. GREEN, 000–00–0000 GREGORY R. COX, 000–00–0000 TODD LOGAN ERSKINE, 000–00–0000 SCOTT C. GREENBLATT, 000–00–0000 JACK D. CRABTREE III, 000–00–0000 JEFFREY G. ERTS, 000–00–0000 TERRENCE W. GREENE, 000–00–0000 PATRICA A. CRAYTON, 000–00–0000 JOSEPH E. ESCANDON, 000–00–0000 STUART C. GREER, 000–00–0000 SHANE ROBERT CRITES, 000–00–0000 EDWIN HERMAN ESCOBAR, 000–00–0000 LADD O. GREGERSON, 000–00–0000 GREGORY C. CROMWELL, 000–00–0000 JOHN P. ESPINOSA, 000–00–0000 RANDY A. GREGORY, 000–00–0000 COREY LEE CROSBIE, 000–00–0000 JASON R. ESTEY, 000–00–0000 DOUGLAS W. GRIFFIN, 000–00–0000 CATTLEYA M. CROSSEN, 000–00–0000 CHRISTIAN R. ESTRELLA, 000–00–0000 ROGER M. GRIFFIN, JR., 000–00–0000 MICHAEL C. CROSSLEY, 000–00–0000 JOHN MICHAEL EVANS, 000–00–0000 JOSHUA GRIMM, 000–00–0000 ROBERT J. CRUZ, 000–00–0000 JULIE ANN EVERS, 000–00–0000 MATTHEW M. GRIMM, 000–00–0000 JOEL P. CUMMINGS, 000–00–0000 KYLE EUGENE EWING, 000–00–0000 JASON C. GROGAN, 000–00–0000 WALTER G. CUMMINGS, 000–00–0000 JOHN MICHAEL FAIRCHILD, 000–00–0000 JERALD SCOTT GROSS, 000–00–0000 NICOLE R. CUNNINGHAM, 000–00–0000 THOMAS R. FAIRFIELD, 000–00–0000 BRIAN WAYNE GUINN, 000–00–0000 DANIEL T. CURRY, 000–00–0000 ROBERT FALCON, 000–00–0000 ROBERT K. GUNTHER, 000–00–0000 PATRICK E. CURRY, 000–00–0000 MATTHEW J. FANDREY, 000–00–0000 NIKOLAUS F. GURAN, 000–00–0000 JOHN LOUIS, CURTIS, 000–00–0000 PHILLIP D. FANTOZZI, 000–00–0000 RYAN H. GUSTAFSON, 000–00–0000 GRADY J. DAGENAIS, 000–00–0000 SEAN P. FARLEY, 000–00–0000 STEVEN MAX GUTHRIE, 000–00–0000 WILLIAM R. DAILEY, III, 000–00–0000 MICHAEL B. FARRIMOND, JR., 000–00–0000 ANDREW J. GUTIERREZ, 000–00–0000 MICHAEL DAVID, DAKE, 000–00–0000 DAVID D. FARRINGTON, 000–00–0000 JONATHAN K. GUTIERREZ, 000–00–0000 JOHN P. DALFERRO, 000–00–0000 BRIAN RICHARD FAUNCE, 000–00–0000 CORREA R. GUZMAN, 000–00–0000 BRANDI R. DAMBLEY, 000–00–0000 DONALD A. FAWTHROP, 000–00–0000 KENNETH JOHN HAAG, 000–00–0000 ANTHONY ALLEN, DAMMEL, 000–00–0000 PERRY MATTHEW FEENEY, 000–00–0000 KIMBERLY J. HAAS, 000–00–0000 BRIAN LEE, DANIEL, 000–00–0000 JEREMIAH D. FERGUSON, 000–00–0000 SARAH A. HACKETT, 000–00–0000 CRAIG T. DANIEL, 000–00–0000 WENDY M. FERGUSON, 000–00–0000 ALLEN GRAHAM HAHN, 000–00–0000 ANTHONY E. DANIELS, 000–00–0000 JAMES N. FERNELIUS, 000–00–0000 DANIEL GENE HAHN, 000–00–0000 JEFFREY A. DANIELS, 000–00–0000 DAVID E. FIELDER, JR., 000–00–0000 KIMBERLY A. HAKER, 000–00–0000 MARK R. DANNER, 000–00–0000 ROBERT W. FIELDS III, 000–00–0000 BONNIE J. HALL, 000–00–0000 CASEY V. DARE, 000–00–0000 BRONCO G. FIGUEROA, 000–00–0000 CHRISTINE L. HALL, 000–00–0000 NANCY E. DARGLE, 000–00–0000 BRUCE D. FINKLEA, 000–00–0000 MICHAEL ALAN HALL, 000–00–0000 JOSEPH I. DASHIELL, 000–00–0000 GRAHAM M. FISHBURN, 000–00–0000 SAMUEL HALL, 000–00–0000 DAWN B. DAULTON, 000–00–0000 BRENDAN P. FITZPATRICK, 000–00–0000 JOSEPH E. HALLORAN, 000–00–0000 PATRICK S. DAULTON, 000–00–0000 TIMOTHY E. FLAHERTY, 000–00–0000 ROBERT B. HALPIN, 000–00–0000 JILL MARIE, DAVID, 000–00–0000 STEPHEN E. FLANNERY, 000–00–0000 STEWART S. HAMBLEN, 000–00–0000 ROSS ALAN, DAVIDSON, 000–00–0000 ALEXANDER S. FLECKER, 000–00–0000 KEVIN C. HAMILTON, 000–00–0000 BOBBY H. DAVIS, 000–00–0000 NORMAN T. FLECKER, 000–00–0000 MATTHEW T. HAMILTON, 000–00–0000 GELONZO, DAVIS, 000–00–0000 PHILIP A. FLEMING, 000–00–0000 TIMOTHY D. HAMILTON, 000–00–0000 GEORGE W. DAVIS, 000–00–0000 CHADWICK B. FLETCHER, 000–00–0000 MARGARET S. HANCE, 000–00–0000 MARK E. DAVIS, 000–00–0000 DANIEL BRIAN FLOOD, 000–00–0000 JAMES J. HANDURA, 000–00–0000 MARK R. DAVIS, 000–00–0000 DAVID VICTOR FLORES, 000–00–0000 CHRISTOPHER L. HANKINSON, 000–00–0000 SHAWN M. DAVIS, 000–00–0000 JERMICHA L. FOMBY, 000–00–0000 KENNETH S. HANLEN, 000–00–0000 MICHAEL PAUL, DAWSON, 000–00–0000 BRETT C. FORBES, 000–00–0000 TODD J. HANLON, 000–00–0000 EUGENE R. DAY, 000–00–0000 BROOKE J. FORD, 000–00–0000 MARY K. HANNON, 000–00–0000 MORALES C. DEJESUS, 000–00–0000 GREGORY JASON FORD, 000–00–0000 MARCIA C. HANSMANN, 000–00–0000 SAMUEL M. DELAGARZA, 000–00–0000 KAREN R. FOSBRINK, 000–00–0000 RYAN M. HANSON, 000–00–0000 CHRISTOPHER W. DECK, 000–00–0000 CHRISTOPHER D. FOUST, 000–00–0000 MICHAEL F. HARKINS, 000–00–0000 GRETCHEN A. CECKER, 000–00–0000 LOUIS FOUST III, 000–00–0000 ANDREW J. HARMON, 000–00–0000 MARK, DEDRICK, 000–00–0000 DAVID A. FOWLES, 000–00–0000 TRICIA ANNE HARMON, 000–00–0000 BRIAN V. DELEON, 000–00–0000 RYAN E. FOX, 000–00–0000 JASON W. HARRINGTON, 000–00–0000 RONNIE BROWN, DELFIN, 000–00–0000 STEPHEN M. FRANK, 000–00–0000 AMANI Y. HARRIS, 000–00–0000 DALLAS P. DELL, 000–00–0000 TODD V. FRANKEN, 000–00–0000 DUSTIN K. HARRIS, 000–00–0000 KEVIN L. DELL, 000–00–0000 DANIEL V. FRAZIER, 000–00–0000 GEORGE E. HARRIS III, 000–00–0000 JOSHUA J. DELMANZO, 000–00–0000 WILLIAM E. FREEMAN, 000–00–0000 REGINALD M. HARRIS, 000–00–0000 RICH P. DEMEUSE, 000–00–0000 JAMES JOHN FREESE, 000–00–0000 TRACY D. HARRISON, 000–00–0000 JASON R. DENNO, 000–00–0000 ERNEST A. FREUND, 000–00–0000 JAMES H. HARROWER, 000–00–0000 TROY MICHAEL, DENOMY, 000–00–0000 BASIL W. FRITH, 000–00–0000 KURT DUNCAN HARSH, 000–00–0000 MATTHEW CHARLES, DENSMORE, 000–00–0000 RONALD CURTIS FRY, 000–00–0000 SPENCER D. HASCH, 000–00–0000 JEROME F. DENTE, 000–00–0000 STEPHEN FUJII, 000–00–0000 TEALLA ANN HASTINGS, 000–00–0000 PHILIP T. DERING IV, 000–00–0000 ANNE E. FULLER, 000–00–0000 HERBERT W. HATCHEL, 000–00–0000 JOHN M. DEVENY, 000–00–0000 ANTHAN B. FULLER, 000–00–0000 TYRUS N. HATCHER, 000–00–0000 CHARLES, DEYOUNG, 000–00–0000 JOSHUA J. FULMER, 000–00–0000 ANTHONY M. HATFIELD, 000–00–0000 DAVID P. DIAMOND, 000–00–0000 TIMOTHY A. FURIN, 000–00–0000 JON C. HAVERON, 000–00–0000 APONTE DIEGO DIAZ, 000–00–0000 JAMES CLARK GABELER, 000–00–0000 MOLLY M. HAVNEN, 000–00–0000 MARTHA DIAZ, 000–00–0000 MICHAEL A. GABRIELSON, 000–00–0000 DENNIS R. HAWTHORNE, 000–00–0000 ERICK W. DICKENS III, 000–00–0000 RACHEL L. GAITHER, 000–00–0000 DOUGLAS JAMES HAYES, 000–00–0000 LEAH NOELLE DICKISON, 000–00–0000 MARK S. GALLAGHER, 000–00–0000 ALEX LEE HAYMAN, 000–00–0000 SALLY MARIE DICKSON, 000–00–0000 WILLIAM S. GALLAWAY, 000–00–0000 DAVID M. HAYNES, 000–00–0000 BRIAN S. DIETZMAN, 000–00–0000 DIETER R. GALLI, 000–00–0000 KYLE D. HEAD, 000–00–0000 SHARLENE M. DINICOLA, 000–00–0000 JOHN N. GAMBY, 000–00–0000 MARK C. HEARD, 000–00–0000 FRED IVAN DIXON, 000–00–0000 RICHARD J. GANSZ, 000–00–0000 WILLIAM C. HECK, 000–00–0000 HANSJORG W. DOCHTERMANN, 000–00–0000 JAMES KIRK GANT, 000–00–0000 KENNETH G. HECKEL, 000–00–0000 DARRELL A. DOREMUS, 000–00–0000 JOHN ABLAN GAOAY, 000–00–0000 MELISSA E. HEIGHTON, 000–00–0000 STEPHEN DON DORRIS, 000–00–0000 RUTH BODEE GARDENIER, 000–00–0000 CORY L. HEINEKEN, 000–00–0000 GREGORY A. DORSEY, 000–00–0000 STEPHANIE L. GARDNER, 000–00–0000 TODD AARON HEINS, 000–00–0000 HUA MEI DOUGHERTY, 000–00–0000 RICHARD R. GAREY, 000–00–0000 DAVID EDWARD MEMKE, 000–00–0000 DON ALAN DOUGHTY, 000–00–0000 BENJAMIN C. GARNER, 000–00–0000 SCOTT M. HENDERSON, 000–00–0000 WILLIAM J. DOUGHTY, 000–00–0000 JEFFREY G. GARNER, 000–00–0000 MARTIN J. HENDRIX, 000–00–0000 CHARLES W. DOUGLAS, 000–00–0000 RONALD ALAN GARST, 000–00–0000 DAVID JAMES HENINGER, 000–00–0000 MATTHEW S. DOUGLAS, 000–00–0000 JOSE M. GARZA, 000–00–0000 VALLIE G. HENNING, 000–00–0000 SHAVOKA D. DOUGLAS, 000–00–0000 AMANDA M. GAST, 000–00–0000 BRADLEY R. HERD, 000–00–0000 CATINA DENISE DOWNEY, 000–00–0000 DARRELL SCOTT GAYLE, 000–00–0000 MATTHEW B. HERLIHY, 000–00–0000 JON A. DRAKE, 000–00–0000 JOSHUA M. GEARY, 000–00–0000 JOHN JACOB HERRMAN, 000–00–0000 RODNEY E. DRAYTON, 000–00–0000 GINA MARIE GENTILE, 000–00–0000 JOHN CURTIS HERRON, 000–00–0000 ELIJAH A. DREHER, 000–00–0000 WILLIAM B. GENTLE, 000–00–0000 ERICA L. HERZOG, 000–00–0000 WILLIAM D. DRIVER, 000–00–0000 JEFFREY GEORGE, 000–00–0000 DAVIEN L. HEYWARD, 000–00–0000 KEVIN PAUL DRURY, 000–00–0000 MICHAEL D. GERMAIN, 000–00–0000 DANIEL H. HIBNER, 000–00–0000 KERITH DANA DUBIK, 000–00–0000 KURT DAVID GIESE, 000–00–0000 DAVID R. HIBNER, 000–00–0000 THOMAS C. DUBOWIK, 000–00–0000 DARYL T. GILBERT, 000–00–0000 GARRET R. HICKS, 000–00–0000 MELANIE A. DUGAR, 000–00–0000 GEORGE O. GILBERT, JR., 000–00–0000 PAUL D. HICKS, 000–00–0000 REBECCAH L. DUKE, 000–00–0000 STEPHEN M. GILBERTSON, 000–00–0000 ROBERT M. HICKS, 000–00–0000 CALVIN V. DUMAS, 000–00–0000 FRANCIS KEVIN GILDEA, 000–00–0000 BERNITA HIGHTOWER, 000–00–0000 WESSLEY CLAY DUMAS 000–00–0000 CHRISTOPHER D. GILLIGAN, 000–00–0000 ERIK E. HILBERG, 000–00–0000 CHRISTOPHER C. DUNCAN 000–00–0000 WILLIAM J. GILLIS, 000–00–0000 ALEXANDER G. HILL, 000–00–0000 SEAN D. DUNCAN, 000–00–0000 PHILIP W. GINDER, 000–00–0000 ROGER D. HILL, JR., 000–00–0000 JOHN MICHAEL DUNN, 000–00–0000 SUSAN L. GINN, 000–00–0000 ROBERT A. HILLIARD, 000–00–0000 TYLER G. DUNPHY, 000–00–0000 BRIAN N. GISSEL, 000–00–0000 TIMOTHY G. HILTON, 000–00–0000

VerDate Aug 31 2005 05:10 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00063 Fmt 4624 Sfmt 9801 J:\ODA16\1996_F~1\S26MR6.REC S26MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2904 CONGRESSIONAL RECORD — SENATE March 26, 1996

STEVEN M. HINDS, JR., 000–00–0000 LEE A. KIND, 000–00–0000 RICHARD W. MANNING, 000–00–0000 CHARLES L. HITER, 000–00–0000 ANTHONY KING, 000–00–0000 ROBERT R. MANORE, II, 000–00–0000 TAMARA E. HOBBS, 000–00–0000 CLETIS R. KING, JR., 000–00–0000 BRYON L. MANSFIELD, 000–00–0000 THEODORE F. HOFFMAN, 000–00–0000 GERTHA A. KING, 000–00–0000 MICHAEL J. MARCEL, 000–00–0000 LANNY A. HOGABOOM II, 000–00–0000 JUSTIN C. KING, 000–00–0000 SETH D. MARGULIES, 000–00–0000 KELLY ANNE HOGAN, 000–00–0000 LOUIS L. KING, 000–00–0000 ROBERT J. MARKIEWICZ, JR., 000–00–0000 WILLIAM F. HOGG, JR., 000–00–0000 SCOTT R. KING, 000–00–0000 NAHOMY M. MARRERO, 000–00–0000 DERIC J. HOLBROOK, 000–00–0000 WENDY JEAN KINNEY, 000–00–0000 TREY ALLEN MARSHALL, 000–00–0000 MATTHEW E. HOLBROOK, 000–00–0000 DAVID M. KIRKLAND, 000–00–0000 ROBERTO C. MARTINS, JR., 000–00–0000 DANIEL A. HOLLAND, 000–00–0000 JACLYN LEE KISTLER, 000–00–0000 ALTON P. MARTIN, 000–00–0000 MATLEAN M. HOLLIS, 000–00–0000 JANICE E. KLAFIN, 000–00–0000 BRAD K. MARTIN, 000–00–0000 JAMES PAUL HOLMBERG, 000–00–0000 KERRIANN L. KLEIN, 000–00–0000 BRENT R. MARTIN, 000–00–0000 ROBERT E. HOLMES, 000–00–0000 MARIBETH M. KLETTKE, 000–00–0000 DEAN L. MARTIN, 000–00–0000 SHAWN R. HOLZHAUSER, 000–00–0000 BRANDON C. KLINK, 000–00–0000 TIMOTHY D. MARTIN, 000–00–0000 BRONSON L. HORAN, 000–00–0000 GREGORY EARL KNIGHT, 000–00–0000 HUMBERTO MARTINEZ, 000–00–0000 RYKER EARL HORN, 000–00–0000 PETER M. KNIGHTSHEEN, 000–00–0000 RODRIGUEZ A. MARTINEZ, 000–00–0000 HARRY A. HORNBUCKLE, 000–00–0000 JEREMY CURTIS KNUDSEN, 000–00–0000 NOMATHEMBI C. MARTINI, 000–00–0000 MARC J. HORSTMAN, 000–00–0000 JASON R. KOEHN, 000–00–0000 BENJAMIN L. MARX, 000–00–0000 CHRISTIAN W. HORVATH, 000–00–0000 KEVIN W. KOERNER, 000–00–0000 JOHN T. MASTERNAK, 000–00–0000 CHRISTOPHER G. HOSSFELD, 000–00–0000 MICHAEL J. KOLINSKI, 000–00–0000 ADAM V. MASTRIANNI, 000–00–0000 THOMAS M. HOUGH, 000–00–0000 BRIAN PAUL KOMROSKY, 000–00–0000 CHARLES LEE MATALLANA, 000–00–0000 MATTHEW R. HOVER, 000–00–0000 MATTHEW DEREK KONOPA, 000–00–0000 GREGORY E. MATESA, 000–00–0000 MICHAEL J. HRIN, 000–00–0000 JACK L. KOONS, 000–00–0000 BRENT H. MATHERLY, 000–00–0000 DENNIS M. HUBBELL, 000–00–0000 VICKI L. KOPKE, 000–00–0000 ARTHUR R. MATHISEN, 000–00–0000 GREGORY PAUL HUBBS, 000–00–0000 CRAIG DONALD KORKOW, 000–00–0000 BRIAN D. MATTHEWS, 000–00–0000 EDWARD L. HUDDLESTON, 000–00–0000 MICHAEL KORNBURGER, 000–00–0000 DANIEL J. MATTHEWS, 000–00–0000 MATTHEW G. HUDKINS, 000–00–0000 ERIC G. KRANTZ, 000–00–0000 LEE C. MATTHEWS, 000–00–0000 REVA J. HUDSON, 000–00–0000 MARC ADAM KRAUSS, 000–00–0000 ROBB E. MATTILA, 000–00–0000 ROBERT S. HUEY, JR., 000–00–0000 DAREN W. KRELLWITZ, 000–00–0000 JOSEPH E. MATTINGLY, 000–00–0000 ERIN E. HUG, 000–00–0000 HEIDI L. KUHAIDA, 000–00–0000 JASON R. MAUGA, 000–00–0000 RICHARD J. HUGHBANK, 000–00–0000 TIMOTHY J. KURGAN, 000–00–0000 ZACHARY J. MAULIK, 000–00–0000 KELLY LYNELL HUGHES, 000–00–0000 CHRISTOPHER M. KURINEC, 000–00–0000 SHANE T. MAXON, 000–00–0000 PATRICK E. HUGHES, 000–00–0000 KEVIN E. KUWIK, 000–00–0000 MICHELE JEAN MC CARRON, 000–00–0000 SHELLEY N. HUGHES, 000–00–0000 DONALD B. LAAUWE, 000–00–0000 JOSHUA MC CAW, JR., 000–00–0000 MARK EDWARD HUHTANEN, 000–00–0000 GREGORY BRYAN LABAO, 000–00–0000 TERI MICHELLE MC CLURE, 000–00–0000 BENJAMIN W. HULBURT, 000–00–0000 DOUGLAS A. LABOUFF, 000–00–0000 NATHAN A. MC CORMICK, 000–00–0000 JAMES W. HULGAN, 000–00–0000 MARK CHARDRON LAIRD, 000–00–0000 ROBERT L. MC CORMICK, 000–00–0000 JOSEPH M. HULSEY, 000–00–0000 JOSEPH B. LAIRD, 000–00–0000 JOHN F. MC DANIEL, 000–00–0000 BRADLEY J. HUMMEL, 000–00–0000 CHESS P. LAMM, 000–00–0000 DAMON M. MC DONALD, 000–00–0000 RACHEL E. HUMPHREY, 000–00–0000 LAURIE SUE LANCASTER, 000–00–0000 JEFF H. MC DONALD, 000–00–0000 ROBERT LEE HUMPHREY, 000–00–0000 POLLY M. LANCASTER, 000–00–0000 ROBERT L. MC DONALD, JR., 000–00–0000 DALLAS H. HUTCHISON, 000–00–0000 CHRISTOPHER S. LANDERS, 000–00–0000 WILLIAM C. MC DOWELL, 000–00–0000 KENNETH F. HUTCHISON, 000–00–0000 CATHLEEN E. LANGAN, 000–00–0000 PATRICK D. MC ELHONE, 000–00–0000 LENARD M. IGLAR, 000–00–0000 DAVID M. LANGE, 000–00–0000 MICHAEL S. MC FADDEN, 000–00–0000 JULIO E. ILLASNIEVES, 000–00–0000 BLAYNE C. LANNAN, 000–00–0000 MARION S. MC GOWAN, 000–00–0000 MICHAEL GARY ILMANEN, 000–00–0000 JEFFERSON S. LANTZ, 000–00–0000 MICHELLE L. MC GRATH, 000–00–0000 JAMES E. INGUAGIATO, 000–00–0000 ERIC R. LARIMER, 000–00–0000 THOMAS M. MC GRATH, 000–00–0000 VINCENT P. INTINI, 000–00–0000 BROCK G. LARSON, 000–00–0000 MINDELYN E. MC GREGGOR, 000–00–0000 DERECK L. IRMINGER, 000–00–0000 SHARLENE F. LARSON, 000–00–0000 MARY E. MC GUIRE, 000–00–0000 JAMES ERNEST IRVIN, 000–00–0000 EDWIN A. LASTER, 000–00–0000 PATRICK D. MC IVOR, 000–00–0000 JOHN J. ISTVAN, 000–00–0000 ERIC A. LAUER, 000–00–0000 SCOTT L. MC KEE, 000–00–0000 EDWARD A. IVEY, 000–00–0000 BARRY B. LAW, 000–00–0000 JASON J. MC KENNA, 000–00–0000 MICHAEL R. IVY, 000–00–0000 CARRIE LYNN LAWSON, 000–00–0000 JEFFREY T. MC KINNEY, 000–00–0000 ANGELA K. JACKSON, 000–00–0000 GRETCHEN A. LAZAR, 000–00–0000 WILLIAM J. MC KNIGHT, 000–00–0000 MICHAEL A. JACKSON, 000–00–0000 TROY L. LEACH, 000–00–0000 MONDREY O. MC LAURIN, 000–00–0000 ANDREW C. JACOBS, 000–00–0000 BRYAN C. LECLERC, 000–00–0000 HEIDI LYNN MC NALL, 000–00–0000 HEIDI A. JACOBS, 000–00–0000 KATHLEEN J. LECOQCANNON, 000–00–0000 KARYN ALYSIA MC NEIL, 000–00–0000 HEATHER N. JACOBSON, 000–00–0000 BROOK GREGORY LEE, 000–00–0000 KERRY L. MC NICHOLAS, 000–00–0000 CHARLES R. JAMES III, 000–00–0000 STEPHEN H. LEE, 000–00–0000 AARON M. MC PEAKE, 000–00–0000 STUART M. JAMES, 000–00–0000 DAVID C. LEGG, 000–00–0000 CODY ADAM MC ROBERTS, 000–00–0000 ROBERT S. JARZYNA, 000–00–0000 WILLIAM R. LEGGETT III, 000–00–0000 PADRAIC M. MC VEIGH, 000–00–0000 JOSEPH D. JASPER, 000–00–0000 MARK STEVEN LENT, 000–00–0000 ROBERT E. MC WARD, 000–00–0000 DAVID JASZEWSKI, 000–00–0000 PHILLIP R. LENZ, 000–00–0000 KEITH A. MC WHERTER, 000–00–0000 BRADFORD JEALOUS, 000–00–0000 MELISSA LEON, 000–00–0000 CLAYTON D. MEALS, 000–00–0000 JASPER JEFFERS, 000–00–0000 LAWRENCE G. LEONG, 000–00–0000 JAMES JASON MECKEL, 000–00–0000 JEREMY JAY JEFFERY, 000–00–0000 JOHN FRANKLIN LEOPOLD, 000–00–0000 IAN MEISNER, 000–00–0000 TITUS M. JEFFRIES, 000–00–0000 DARNELL L. LETT, 000–00–0000 JEREMY TODD MELLER, 000–00–0000 SEAN P. JEHU, 000–00–0000 CHAD ROBERT LEWIS, 000–00–0000 CHRISTOPHER MELLO, 000–00–0000 KATHRYN A. JELLOTS, 000–00–0000 JAMES H. LEWIS, 000–00–0000 JON F. MELLOTT, 000–00–0000 JEREMY E. JELLY, 000–00–0000 JEREMY R. LEWIS, 000–00–0000 TABBLE B. MEMOLI, 000–00–0000 JAMES E. JENKINS II, 000–00–0000 ROBERT S. LEWIS, 000–00–0000 BRANDON G. MENO, 000–00–0000 JAMES H. JENSEN, 000–00–0000 STEVEN W. LIBBY, 000–00–0000 CHRISTOPHER J. MERRIAM, 000–00–0000 MELINDA JO JENSON, 000–00–0000 DEREK J. LICINA, 000–00–0000 BRIAN F. MERRICK, 000–00–0000 CHRISTOPHER G. JOHNSON, 000–00–0000 DANIEL W. LIEFF, 000–00–0000 JEFFREY P. MERSIOWSKY, 000–00–0000 CHRISTOPHER L. JOHNSON, 000–00–0000 NADINE A. LIEFF, 000–00–0000 KARI EILEEN MEYER, 000–00–0000 CHRISTOPHER M. JOHNSON, 000–00–0000 JASON SCOTT LIGGETT, 000–00–0000 CHRISTOPHER J. MIELNICKI, 000–00–0000 CLETE D. JOHNSON, 000–00–0000 ROSS F. LIGHTSEY, 000–00–0000 DANIEL G. MILLER, 000–00–0000 DEXTER S. JOHNSON, 000–00–0000 AIMEE L. LIMOGES, 000–00–0000 MARY ELIZABETH MILLER, 000–00–0000 HERMAN L. JOHNSON, JR., 000–00–0000 PETER A. LIND, 000–00–0000 RYAN D. MILLER, 000–00–0000 KRISTEN M. JOHNSON, 000–00–0000 STACEY LYNN LINE, 000–00–0000 TERREL L. MILLER, 000–00–0000 RUSSELL E. JOHNSON, 000–00–0000 SHANE F. LIPTAK, 000–00–0000 MICHAEL L. MILLIRON, 000–00–0000 STEVEN F. JOHNSON, 000–00–0000 JAMES H. LISLE, 000–00–0000 BRADLEY W. MILLS II, 000–00–0000 TIMMY EARL JOHNSON, 000–00–0000 RYAN TURNER LISTER, 000–00–0000 TRENT IRWIN MILLS, 000–00–0000 ANDREW J. JONES, 000–00–0000 ERIC EUGENE LOCHNER, 000–00–0000 LARRY E. MILNE, 000–00–0000 DWIGHT TRAVIS JONES, 000–00–0000 LAKEESHA L. LOCKETT, 000–00–0000 SHELBY K. MITCHELL, 000–00–0000 ERIC T. JONES, 000–00–0000 SUZANNE S. LOKYER, 000–00–0000 TODD D. MITCHELL, 000–00–0000 KIMBERLY D. JONES, 000–00–0000 DONALD R. LOETHEN, 000–00–0000 GREGORY ROBERT, MOHL, 000–00–0000 STEVEN JAMES JONES, 000–00–0000 KENNETH JAMES LOFTUS, 000–00–0000 GEORGIA E. MONCAYO, 000–00–0000 TONJA A. JONES, 000–00–0000 DONALD TOBIAS LOGSDON, 000–00–0000 WILLIAM S. MONCRIEF, 000–00–0000 TONY LEE JONES, 000–00–0000 LUIS OMAR LOMAS, 000–00–0000 JAMES E. MONIHAN, 000–00–0000 ROBERT C. JORGENSEN, JR., 000–00–0000 JEFFERY L. LONG, 000–00–0000 EMMA LYNN MONTALBO, 000–00–0000 KEVORK JUSKALIAN, 000–00–0000 EDWARD M. LOPACE, 000–00–0000 RICK LEE MONTANDON, 000–00–0000 TODD C. JUSTICE, 000–00–0000 DAVID JOSEPH LOPEZ, 000–00–0000 HAROLD SIMON MONTOYA, 000–00–0000 RAYMOND P. KACZMAREK, 000–00–0000 RENTA A. LOPEZ, 000–00–0000 JASON JOHN MOOK, 000–00–0000 DAVID ARLEN KAHLE, 000–00–0000 EMILY R. LORD, 000–00–0000 BUCKY L. MOORE, 000–00–0000 WILLIAM A. KAHMANN, 000–00–0000 JEFFERY P. LUCAS, 000–00–0000 FELICIA R. MOORE, 000–00–0000 JACKIE K. KAINA, 000–00–0000 CHAD LUCE, 000–00–0000 JOHN COLIN MOORE, 000–00–0000 CAROLINE M. KALINOWSKI, 000–00–0000 BENJAMIN RAY LUPER, 000–00–0000 PAMELA ANN MOORE, 000–00–0000 BRENT YASUO KANEYUKI, 000–00–0000 DAVID E. LUTTRELL, 000–00–0000 TRAVIS K. MOREHEAD, 000–00–0000 GREG ALAN KARPOWICH, 000–00–0000 H. CLAY LYLE, 000–00–0000 WILLIAM P. MOREY, 000–00–0000 DAVID LEE KASTEN, 000–00–0000 KATE A. LYNCH, 000–00–0000 RAYMOND H. MORGAN III, 000–00–0000 JOHN K. KAY, 000–00–0000 ERIC E. LYON, 000–00–0000 RYAN E. MORGAN, 000–00–0000 JEFFREY L. KEATING, 000–00–0000 JASON J. MACELLARO, 000–00–0000 NATHAN JOHN MORIN, 000–00–0000 DENNIS EARL KEENER, 000–00–0000 JOSEPH B. MACKEY, 000–00–0000 STEVEN G. MORIN, 000–00–0000 KEVIN DANIEL KELLER, 000–00–0000 MARY K. MACKEY, 000–00–0000 WILLIAM T. MORRIS, 000–00–0000 MATTHEW M. KELLEY, 000–00–0000 SEAN T. MAC NEIL, 000–00–0000 JAMES ALAN MORRISON, 000–00–0000 MICHAEL J. KELLEY, 000–00–0000 KEVIN M. MAC NEIL, 000–00–0000 JEFFREY C. MORRISON, 000–00–0000 ADAM B. KELLNER, 000–00–0000 TIMOTHY D. MACY, 000–00–0000 PETER J. MORRISSEY, 000–00–0000 PATRICK M. KELLY, 000–00–0000 MARK HUNTER MADDEN, 000–00–0000 JOHN C. MORROW, 000–00–0000 SHAWN P. KELLY, 000–00–0000 MATTHEW F. MAHER, 000–00–0000 DARYL ROBERT MORSE, 000–00–0000 TIMOTHY TODD KEMP, 000–00–0000 BRANDON J. MAJERUS, 000–00–0000 RUSSELL W. MORTON, 000–00–0000 SARAH E. KENWORTHY, 000–00–0000 JOSEPH J. MALIZIA, 000–00–0000 GARY LEE, MOSES, 000–00–0000 TODD K. KICKBUSCH, 000–00–0000 THOMAS DAX MALLORY, 000–00–0000 MARCUS L. MOSS, 000–00–0000 MICHAEL W. KIELPINSKI, 000–00–0000 JOHN GREGG MALONE, 000–00–0000 MICHAEL G. MOURITSEN, 000–00–0000 JOHN C. KILL, 000–00–0000 SEAN FRANCIS MANGAN, 000–00–0000 ANDREW M. MOUW, 000–00–0000 DARYL A. KIMBROUGH, 000–00–0000 AMANDA LEE MANLEY, 000–00–0000 CHANTAL N. MOUW, 000–00–0000 MATTHEW JON KIME, 000–00–0000 JOSEPH W. MANNING, 000–00–0000 SONISE, MUHAMMAD, 000–00–0000

VerDate Aug 31 2005 05:10 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00064 Fmt 4624 Sfmt 9801 J:\ODA16\1996_F~1\S26MR6.REC S26MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 26, 1996 CONGRESSIONAL RECORD — SENATE S2905

LAWRENCE A. MULLANY, 000–00–0000 FREDERICK PRICE, 000–00–0000 JARRETT SCHULZ, 000–00–0000 ROBERT L. MULLER, 000–00–0000 JANELL E. PRICE, 000–00–0000 JEFFREY D. SCHUMACHER, 000–00–0000 SAM SAI CHEONG MUM, 000–00–0000 KEVIN D. PRICE, 000–00–0000 TODD J. SCHWEITZER, 000–00–0000 JOSEPH DAVID MUNGER, 000–00–0000 RACHEL M. PRICE, 000–00–0000 EILISH M. SCOTT, 000–00–0000 RUSSELL L. MUNZ, 000–00–0000 TIFFANY C. PRIEST, 000–00–0000 JOHN PAUL SCOTT, 000–00–0000 JASON J. MURPHY, 000–00–0000 WILLIAM H. PRIVETTE, 000–00–0000 KRISTA E. SELPH, 000–00–0000 JAMES E. MURRAY, 000–00–0000 JONATHAN J. PRUIKSMA, 000–00–0000 DANIEL C. SELUK JR., 000–00–0000 CHARLES D. MYERS, 000–00–0000 JOSEPH LEE PULLEN, 000–00–0000 KIMBERLY A. SEMELROTH, 000–00–0000 MAUREEN E. MYERS, 000–00–0000 PAULA M. PULLEN, 000–00–0000 JENNIFER A. SENKOWSKI, 000–00–0000 MICHAEL S. NAGRA, 000–00–0000 BRANDON F. PURCELL, 000–00–0000 DINO A. SERRA, 000–00–0000 JUAN P. NAVA, 000–00–0000 SEAN PATRICK PUTNAM, 000–00–0000 JASON SCOTT SESLER, 000–00–0000 JASON F. NAYLOR, 000–00–0000 MATTHEW S. RADER, 000–00–0000 BRADY M. SEXTON, 000–00–0000 MONICA R. NAYLOR, 000–00–0000 JUSTIN NEELY RAINEY, 000–00–0000 SCOTT EDWARD SEYMORE, 000–00–0000 JOHN J. NEAL, 000–00–0000 BERRIOS ROBEL RAMIREZ, 000–00–0000 AUBRY PHELAN, SHAW, 000–00–0000 CHAD BRIAN NEIDIG, 000–00–0000 PETER A. RAMOS, 000–00–0000 JEFFREY JAMES SHAW, 000–00–0000 DARIN DAVID NEIWERT, 000–00–0000 ZARA ROSE RAMSEY, 000–00–0000 ROBERT D. SHAW, 000–00–0000 BRIAN W. NELL, 000–00–0000 GUZMAN F. RANERO, 000–00–0000 KATIE A. SHEA, 000–00–0000 DAVID P. NELSON, 000–00–0000 DARREN A. RAPAPORT, 000–00–0000 MATTHEW THOMAS SHEA, 000–00–0000 JASON ADAM NELSON, 000–00–0000 DAVID JOHN RAPONE, 000–00–0000 JOHN CHRISTOPHER SHEPARD, 000–00–0000 MARK F. NEWSOME, 000–00–0000 MARK G. RASMUSSEN, 000–00–0000 CATHY LYN SHIPE, 000–00–0000 SHANNON LEE NEWTON, 000–00–0000 BENJAMIN E. RATTERREE, 000–00–0000 AARON PRUITT SHIRLEY, 000–00–0000 THOMSON D. NGUY, 000–00–0000 NATHAN CHARLES RAUCH, 000–00–0000 RAY L. SHOEMAKER, 000–00–0000 MINHKHOI M. NGUYEN, 000–00–0000 THOMAS O. RAWLINGS, 000–00–0000 WAYNE F. SHORT, 000–00–0000 SONJA NICHOLS, 000–00–0000 DANIELLE REED, 000–00–0000 DAVID ROLAND SHOUPE, 000–00–0000 MELVIN J. NICKELL, 000–00–0000 KENNETH N. REED, 000–00–0000 JOSEPH DAMON SIEBRASE, 000–00–0000 CHRISTOPHER F. NICOLAUS, 000–00–0000 BRANDON E. REEVES, 000–00–0000 BILLY DALE SIEKMAN, 000–00–0000 MICHAEL C. NIENHAUS, 000–00–0000 BRIAN JOSEPH REGAN, 000–00–0000 AJAYVEER SINGH SIHRA, 000–00–0000 CHARLES M. NIFONG, JR., 000–00–0000 RYAN G. REGTUYT, 000–00–0000 BEATRICE B. SILLER, 000–00–0000 KENNETH A. NILES, 000–00–0000 DANNY N. REICHARD, 000–00–0000 JACKELIN X. SIMMONS, 000–00–0000 MATT ERIC NILES, 000–00–0000 ALAN A. REILIEN, 000–00–0000 JOSEPH A. SIMMONS, 000–00–0000 ROGER RUSSELL NIXON, 000–00–0000 BRIAN C. REINHARDT, 000–00–0000 VALERIE E. SIMMONS, 000–00–0000 BRIAN C. NORTH, 000–00–0000 MICHAEL C. REMBOLD, 000–00–0000 TODD ERIC SIMON, 000–00–0000 RONALD G. NOVAK, JR., 000–00–0000 DANIEL E. REYNOLDS, 000–00–0000 SEAN PATRICK SIMS, 000–00–0000 JEFFREY M. NOVOTNY, 000–00–0000 BARTON J. RICE, 000–00–0000 JOSHUA J. SINGLE, 000–00–0000 CURTIS W. NOWAK, 000–00–0000 PATRICK L. RICE, 000–00–0000 JOHN ANDREW SIPPLE, 000–00–0000 JACK W. NOYES, 000–00–0000 KEITH A. RICHARD, 000–00–0000 PHILLIP MARK SKEEN, 000–00–0000 THOMAS C. NUGENT, 000–00–0000 CHRISTIAN P. RICHARDS, 000–00–0000 APRIL D. SKOU, 000–00–0000 DEXTER C. NUNNALLY, 000–00–0000 BRADLEY R. RICHARDSON, 000–00–0000 RICHARD F. SKULTETY, 000–00–0000 CHAD NYS, 000–00–0000 ROBERT WALTER RICHARDSON, 000–00–0000 TIMOTHY AUGUST SLEMP, 000–00–0000 MICHAEL A. O’BADAL, 000–00–0000 RONALD RICHARDSON JR., 000–00–0000 PHIL RICHARD SLINKARD, 000–00–0000 BRENDAN P. O’KEEFE, 000–00–0000 SAEED T. RICHARDSON, 000–00–0000 FRANCIS J. SMALLING, 000–00–0000 JACQUELYN K. OLSA, 000–00–0000 STEVEN J. RICHTER, 000–00–0000 MICHAEL B. SMASAL, 000–00–0000 MARK AARON OLSEN, 000–00–0000 JASON R. RIDGEWAY, 000–00–0000 SUSAN A. SMELTZER, 000–00–0000 STANTON W. OLSEN, JR., 000–00–0000 HELMUT E. RIEPL, 000–00–0000 AMY A. SMITH, 000–00–0000 CAMERON M. O’NEIL, 000–00–0000 MATT F. RIESENBERG, 000–00–0000 ANGELA L. SMITH, 000–00–0000 ANDREW SCOTT ORMAN, 000–00–0000 BRYAN J. RILEY, 000–00–0000 DAVID WILLIAM SMITH, 000–00–0000 RAMOS C. ORTIZ, 000–00–0000 MARK JAMES RINEY, 000–00–0000 DIRK HENRY SMITH, JR. 000–00–0000 RODRIGUEZ E. ORTIZ, 000–00–0000 LORENZO P. RIOS, 000–00–0000 EVAN S. SMITH, 000–00–0000 DAVID R. OSBORNE, 000–00–0000 RAYMOND J. RIPBERGER, 000–00–0000 WILLIAM T. SMITH, 000–00–0000 ROLF GRAYSON OSTERAAS, 000–00–0000 STEVEN T. RIVERA, 000–00–0000 DERRICK C. SMITS, 000–00–0000 ORTIZ SANTIAGO OTERO, 000–00–0000 NICOLE Y. ROBERTS, 000–00–0000 STEPHEN G. SMYTH, 000–00–0000 ROBERT KENNETH OTT, 000–00–0000 SCOTT ERIC ROBERTS, 000–00–0000 JAMES LEE SNYDER, 000–00–0000 TROY ALAN PAISLEY, 000–00–0000 GAINES M. ROBINSON, 000–00–0000 MATTHEW C. SOBER, 000–00–0000 RICHARD L. PALLAT, 000–00–0000 KEVIN B. ROBINSON, 000–00–0000 RYAN NEELEY SOLLOCK, 000–00–0000 AARON B. PALMER, 000–00–0000 MICHAEL E. ROBISON 000–00–0000 DAVID J. SOLTAU, 000–00–0000 MATTHEW S. PALMER, 000–00–0000 STEPHAN J. ROCKWELL, 000–00–0000 SUN YUA SONG, 000–00–0000 JOSEPH A. PALMER, 000–00–0000 CHAD M. RODARMER, 000–00–0000 JAVIER CARLOS SORIA, 000–00–0000 JASON M. PAPE, 000–00–0000 KEVIN DALE RODERICK, 000–00–0000 CICERON J. SORIANO, 000–00–0000 ANTHONY J. PAPIRIO, 000–00–0000 CRUZ A. RODRIGUEZ, 000–00–0000 DESIREE J. SOUMOY, 000–00–0000 ROLLANDE E. PAQUIN, 000–00–0000 MARTIN RODRIGUEZ III, 000–00–0000 BRIAN C. SPANGLER, 000–00–0000 MARK J. PARADINE, 000–00–0000 WILLIAM GAVIN ROE, 000–00–0000 DOUGLAS R. SPEAR, 000–00–0000 DAVID R. PARAVECCHIA, 000–00–0000 RUTH M. ROETTGER, 000–00–0000 DARREN C. SPEARMAN, 000–00–0000 JOHN RILEY PARKER, 000–00–0000 JOSEPH G. ROGISH, 000–00–0000 TONDA E. SPELLMAN, 000–00–0000 AMY B. PARKS, 000–00–0000 DAVID L. ROLLINS, 000–00–0000 KIMBERLY A. SPICELAND, 000–00–0000 KAREEM M. PARSON, 000–00–0000 CHARLES JAE ROOD, 000–00–0000 JUSTIN R. SPICER, 000–00–0000 PATRICK A. PARSON, 000–00–0000 STEPHEN E. ROOKARD JR., 000–00–0000 FLETCHER T. SPIES, 000–00–0000 DUANE M. PATIN, 000–00–0000 JASON P. ROOT, 000–00–0000 GREGORY E. SPIES, JR., 000–00–0000 MICHAEL A. PATRICK, 000–00–0000 JORGE ENRIQUE ROSAS, 000–00–0000 CYNTHIA L. SROKA, 000–00–0000 JOHN NASH PATTON, 000–00–0000 MARGUERITE A. ROSSIELLO, 000–00–0000 THOMAS L. ST JOHN, JR., 000–00–0000 JOSEPH B. PAULL, 000–00–0000 GABRIEL ERIC ROTH, 000–00–0000 LEE R. STAFKI, 000–00–0000 MICHAEL KIM PAVEK, 000–00–0000 JOEL C. ROUB, 000–00–0000 PETER ALAN STANDISH, 000–00–0000 CHRISTOPHER L. PAWLOSKI, 000–00–0000 MARK W. ROWAN, 000–00–0000 DERRICK STANTON, 000–00–0000 DONALD M. PAYNE JR., 000–00–0000 AUGUSTIN C. RUBIO, 000–00–0000 LOGAN MARK STANTON, 000–00–0000 MICHAEL D. PAZDERNIK, 000–00–0000 CATINA MARIE RUIZ, 000–00–0000 PATRICK R. STANTON, 000–00–0000 JOHN C. PEARSON, 000–00–0000 GREGORY T. RULE, 000–00–0000 JUDSON CHARLES STATON, 000–00–0000 SHEREE E. PEASE, 000–00–0000 LAURA ANN RUNDQUIST, 000–00–0000 ARNOLD F. STAUFFER, 000–00–0000 LIAM CHRISTIAN PECHON, 000–00–0000 ANGELA DORETHA RUSSELL, 000–00–0000 JOSEPH R. STAUGAARD III, 000–00–0000 JAMES R. PECKHAM JR., 000–00–0000 MARVIN E. RUSSELL III, 000–00–0000 ROBERT WAYNE STEFFEL, 000–00–0000 CLAIRE S. PEDIGO, 000–00–0000 TERRY S. RUSSELL, 000–00–0000 JOHN T. STENGER, 000–00–0000 BRYAN ALAN PELLEY, 000–00–0000 TIMOTHY A., RUSSELL, 000–00–0000 ROBERT JOHN STEPHENS, 000–00–0000 JASPER E. PENNINGTON, 000–00–0000 JEFFREY R. RUTHARDT, 000–00–0000 SHARON STEPHENS, 000–00–0000 NOEL PEREZ, 000–00–0000 ERICK PHILLIP RUUD, 000–00–0000 JEREMY A. STERMER, 000–00–0000 HUGH D. PERRY III, 000–00–0000 JAMES DAVID RYE, 000–00–0000 DAVID JAMES STERN, 000–00–0000 THOMAS D. PERRY, 000–00–0000 TODD ALLEN RYKTARSYK, 000–00–0000 CHRISTINE LYNN STEVENS, 000–00–0000 PHILIPPE R. PERSAUD, 000–00–0000 MICHAEL ANTHONY SABB, 000–00–0000 HOPE C. STEVENS, 000–00–0000 DANIEL J. PETERSON, 000–00–0000 BOBBY L. SADLER JR., 000–00–0000 DAVID CLARK STEVENSON, 000–00–0000 DONALD PETERSON JR., 000–00–0000 GEORGE B. SADLER, 000–00–0000 HEATHER A. STEVENSON, 000–00–0000 ERIC R. PETERSON, 000–00–0000 BRANDON C. SANCHEZ, 000–00–0000 TERRY L, STEWART, 000–00–0000 TAMERA S. PETTIT, 000–00–0000 FRANCISCO JAVIER SANCHEZ, 000–00–0000 JUSTIN M. STIEGLITZ, 000–00–0000 MICHAEL SEAN PEYERL, 000–00–0000 GREGORY JAMES SANDERS, 000–00–0000 MATTHEW M. STIER, 000–00–0000 MICHAEL C. PFLIEGER, 000–00–0000 MELVIN E. SANDERS, 000–00–0000 DARREN JAY STIPE, 000–00–0000 MARTIN F. PHILIPSEN, 000–00–0000 ADAM R. SANDERSON, 000–00–0000 JAMES D. ST MICHELL, 000–00–0000 DEAN M. PHILLIP, 000–00–0000 JEFFREY SARGENT, 000–00–0000 ANTHONY A. STOEGER, 000–00–0000 ERIC JOHN PIAZZA, 000–00–0000 RICHARD R. SARMIENTO, 000–00–0000 JOSEPH L. STOPPELBEIN, 000–00–0000 ALEXANDER N. PICKANDS, 000–00–0000 STEVEN M. SATTINGER, 000–00–0000 CHRISTOPHER M. STORM, 000–00–0000 JOSHUA J. PICKELL, 000–00–0000 KENNETH M. SAUNDERS, 000–00–0000 SEAN WESLEY STRATE, 000–00–0000 RIVERA E. PIMENTEL, 000–00–0000 CHAD LEE SAVELL, 000–00–0000 ROBERT S. STREATOR, 000–00–0000 BO DEE PITMAN, 000–00–0000 MATTHEW MARK SAVOIE, 000–00–0000 CHARLES S. STRICKLER, 000–00–0000 CHRISTOPHER L. PITMAN, 000–00–0000 MATTHEW G. SAYRE, 000–00–0000 BRIAN C. STRIDER, 000–00–0000 WILLIAM D. PITTMAN, 000–00–0000 MONICA E. SCALES, 000–00–0000 MARK N. STUBENHOFER, 000–00–0000 SHANNON M. PLUM, 000–00–0000 TODD M. SCANDRETT, 000–00–0000 MORALES M. SUAREZ, 000–00–0000 ROBERT R. POENITZSCH, 000–00–0000 AMY E. SCARCELLA, 000–00–0000 VICTOR A. SUAREZ, 000–00–0000 PAUL P. POGOZELSKI, 000–00–0000 MATTHEW A. SCELZA, 000–00–0000 STEPHANIE ANN SUCHAN, 000–00–0000 JEAN MARIE POHOLSKY, 000–00–0000 SHANE J. SCHAFER, 000–00–0000 NICHOLAS S. SUCIC, 000–00–0000 AARON R. POLLEY, 000–00–0000 MICHAEL LAIRD SCHEER, 000–00–0000 JEFFREY J. SULLENS, 000–00–0000 ADRIENNE A. POLUS, 000–00–0000 STEPHEN E. SCHEMENAUER, 000–00–0000 TREVOR N. SULLINS, 000–00–0000 ANTHONY L. PORTEE, 000–00–0000 ANTHONY SCHEVALIER, 000–00–0000 DANIEL JOHN SULLIVAN, 000–00–0000 CHERI L. PORTEE, 000–00–0000 CRAIG M. SCHLOZMAN, 000–00–0000 MARC M. SULLIVAN, 000–00–0000 ERIK ANDREW POTTER, 000–00–0000 GEORGE L. SCHMIDT, 000–00–0000 PATRICK J. SULLIVAN, 000–00–0000 GRIFFITH T. POUND, 000–00–0000 KEVEN T. SCHMIDT, 000–00–0000 KORY M. SUTTER, 000–00–0000 DANIEL RALPH POWERS, 000–00–0000 TODD A. SCHMIDT, 000–00–0000 WILLIAM W. SUTTON, 000–00–0000 SHAWN ALAN POWERS, 000–00–0000 CURTIS PAUL SCHMITT, 000–00–0000 TODD TERRY SVACINA, 000–00–0000 GISELLE POZZERLE, 000–00–0000 DEBBIE J. SCHNARDTHORST, 000–00–0000 ANITA FAYE SWANIGAN, 000–00–0000 CHRISTOPHER D. PRATT, 000–00–0000 GABRIELLA J. SCHNEIDER, 000–00–0000 THOMAS ERIC SWANSON, 000–00–0000 DARRELL E. PRESLEY, 000–00–0000 EARL B. SCHONBERG, 000–00–0000 ROBERT M. SWEENEY, 000–00–0000 EDDIE L. PRESSLEY, 000–00–0000 PETER C. SCHROEDER, 000–00–0000 MICHAEL C. SWINSON, 000–00–0000 KYLE J. PREVEY, 000–00–0000 JENNIFER LEE SCHULKE, 000–00–0000 RICHMOND L. SYLVESTER, JR., 000–00–0000

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LAURIE A. TABATT, 000–00–0000 KENNETH J. VAUGHN, 000–00–0000 AMY MELISSA WESTINE, 000–00–0000 BRENT T. TADSEN, 000–00–0000 LUIS E. VELASCO, 000–00–0000 JAMES F. WHIDDEN, 000–00–0000 ANDREW K. TAPSCOTT, 000–00–0000 RICHARD VELAZQUEZ, 000–00–0000 ANNA M. WHITE, 000–00–0000 MICHAEL Y. TARLAVSKY, 000–00–0000 DANIEL LENTZ VELTE, 000–00–0000 SILAS WIATER, 000–00–0000 JOHN THOMAS TATOM, 000–00–0000 WILLIAM R. VENABLE, 000–00–0000 SARAH K. WICKENHAGEN, 000–00–0000 JAMES S. TAYLOR, JR., 000–00–0000 CLINTON D. VERGE, 000–00–0000 RANDALL P. WICKLINE, 000–00–0000 MICHAEL F. TEASTER, JR., 000–00–0000 DANIELLE L. VERTNER, 000–00–0000 JON J. WILBER, 000–00–0000 BRET A. TECKLENBURG, 000–00–0000 ELISA M. VESSELS, 000–00–0000 PAUL JEFFREY WILCOX, 000–00–0000 WILLIAM E. TEMPLE, 000–00–0000 CRAIG W. VIETH, 000–00–0000 TONYA L. WILCOX, 000–00–0000 MARK WILLIAM TENLEY, 000–00–0000 AMANDA M. VILLAFUERTE, 000–00–0000 CHRISTOPHER WILCZYNSKI, 000–00–0000 JOSE RENE TERRONES, 000–00–0000 DANIEL JAMES VOGEL, 000–00–0000 NICOLE R. WILKINS, 000–00–0000 JONATHAN D. TESSMANN, 000–00–0000 BRIAN D. VOGT, 000–00–0000 PATRICK SCOTT WILKINS, 000–00–0000 DARRIN E. THERIAULT, 000–00–0000 LLOYD JAMES VOIGHTS, 000–00–0000 JAY LOUIS THOMAN, 000–00–0000 ERIC C. VOIGT, 000–00–0000 WILLIAM H. WILKINS III, 000–00–0000 CHEVELLE THOMAS, 000–00–0000 CHRISTINE L. VOSBURGH, 000–00–0000 WILLIAM T. WILLEY, 000–00–0000 JARRETT A. THOMAS II, 000–00–0000 MICHAEL R. VOSS, 000–00–0000 DANIELLE P. WILLIAMS, 000–00–0000 MICHELLE L. THOMAS, 000–00–0000 DUNG VAN VU, 000–00–0000 JASON EDWARD WILLIAMS, 000–00–0000 NOEL HILARY THOMAS, 000–00–0000 WILLIAM E. WADDINGTON, 000–00–0000 MICHELLE R. WILLIAMS, 000–00–0000 SCOTT THOMAS, 000–00–0000 ROBERT D. WAGNER, 000–00–0000 STEVEN L. WILLIAMS, 000–00–0000 ASHLI E. THOMPSON, 000–00–0000 HEIDI D. WAGONER, 000–00–0000 TAMMIE LEIGH WILLIAMS, 000–00–0000 CHRISTOPHER THOMPSON, 000–00–0000 WIMBERLY ANN WALDROUP, 000–00–0000 JEREMY R. WILLINGHAM, 000–00–0000 DANIEL B. THOMPSON, 000–00–0000 DAMIEN E. WALKE, 000–00–0000 CHRISTOPHER W. WILLS, 000–00–0000 EDWARD T. THOMPSON II, 000–00–0000 ALLEN WALKER, 000–00–0000 BARBARA A. WILSON, 000–00–0000 GERALD S. THOMPSON, 000–00–0000 CHINETHA L. WALKER, 000–00–0000 DARIN LEE WILSON, 000–00–0000 LANNY T. THOMPSON, 000–00–0000 ELIZABETH E. WALKER, 000–00–0000 JASON GARREL WILSON, 000–00–0000 MATTHEW THOMPSON, 000–00–0000 GERROLD M. WALKER, II, 000–00–0000 JEREMY SCOTT WILSON, 000–00–0000 MICHAEL S. THOMPSON, 000–00–0000 WILLIAM M. WALKER, 000–00–0000 RICHARD A. WILSON, 000–00–0000 KIMBERLY A. THRASHER, 000–00–0000 JAMIE LEE WALLACE, 000–00–0000 MARK TYLER WINTON, 000–00–0000 LLOYD ERIC THYEN, 000–00–0000 KELVIN T. WALLACE, 000–00–0000 MICHAEL L. WISER, 000–00–0000 JAMES S. TINGUELY, 000–00–0000 FRANKLIN WALLER, JR., 000–00–0000 ROBERT D. WISNOM, JR., 000–00–0000 PATRICK G. TOBEY, 000–00–0000 DESMOND THOMAS WALSH, 000–00–0000 ANDREW T. WITHERILL, 000–00–0000 CHRISTOPHER L. TOMLINSON, 000–00–0000 BENJAMIN J. WALTERS, 000–00–0000 DAVID MARK WITTSCHEN, 000–00–0000 CHRISTIAN TORRES, 000–00–0000 KEITH W.WALTHALL, 000–00–0000 EDWARD A. WOMACK, 000–00–0000 BRUCE L. TOWNLEY, 000–00–0000 MICHAEL G. WALTZ, 000–00–0000 MARK G. WOMBLE, 000–00–0000 GINGER KAY TOWNSEND, 000–00–0000 CHARLES W. WARD, 000–00–0000 MICHAEL RYAN WOOD, 000–00–0000 PHILIP S. TOWNSEND, 000–00–0000 MICHAEL A. WARD, 000–00–0000 JAMES R. WOODWARD, 000–00–0000 ANDREW C. TRIETLEY, 000–00–0000 WILLIAM STUART WARD, 000–00–0000 DAVID A. TRIFILETTI, 000–00–0000 DAVID A. WARE, 000–00–0000 ANDREAS W. WOOTEN, 000–00–0000 JERRY A. TRIPLETT, 000–00–0000 JASON E. WARNER, 000–00–0000 TROY WINSLOW WORCH, 000–00–0000 WILLIAM TODD TROPF, 000–00–0000 KATHERINE A. WARNICKY, 000–00–0000 JOSEPH W. WORTHAM II, 000–00–0000 ANNA C. TRUESDALE, 000–00–0000 GINA MARIE WARREN, 000–00–0000 CHRISTOPHER L. WRIGHT, 000–00–0000 JEROME A. TRUJILLO, 000–00–0000 RUSSELL C. WASHINGTON, 000–00–0000 ERIC M. WRIGHT, 000–00–0000 CHAD D. TSCHETTER, 000–00–0000 CHARLES EMORY WATERS, 000–00–0000 GEOFFREY W. WRIGHT, 000–00–0000 JOHN T. TUCKER III, 000–00–0000 DAVID R. WATERS, 000–00–0000 MELISSA ANN WRIGHT, 000–00–0000 MATTHEW P. TURMELLE, 000–00–0000 KENNETH S. WATSON, 000–00–0000 PATRICIA M. WRIGHTSMAN, 000–00–0000 DANIEL STEPHEN TURNER, 000–00–0000 JOHN A. WATTA, 000–00–0000 LEE TULLY WYATT, 000–00–0000 JAMES L. TURNER, 000–00–0000 WALLACE E. WEAKLEY, JR., 000–00–0000 VICKIE VELISA WYATT, 000–00–0000 SHENEVORN R. TURNER, 000–00–0000 WILLIAM D. WEAVER, 000–00–0000 WILLIAM BUCK WYLES, 000–00–0000 JASON BRADLEY TUSSEY, 000–00–0000 ARAM S. WEBB, 000–00–0000 NANCEE RAE YAGGIE, 000–00–0000 MARSHALL PHILIP TWAY, 000–00–0000 MARK J. WEBB, 000–00–0000 MATTHEW J. YANDURA, 000–00–0000 JAMES R. ULRICK, 000–00–0000 GEOFFREY C. WEIEN, 000–00–0000 MICHAEL YAO, 000–00–0000 JAVIER VALDEZ, JR., 000–00–0000 JAMIE M. WEILBRENNER, 000–00–0000 THOMAS A. YAROCH, 000–00–0000 ROBERT J. VANHOOSE, 000–00–0000 KELLY F. WEINBERG, 000–00–0000 SARA E. YODER, 000–00–0000 KERRY ANN VANVOORHIS, 000–00–0000 MARIA T. WEIZER, 000–00–0000 JAMES E. YOUNG III, 000–00–0000 CHRISTOPHER J. VANAIRSDALE, 000–00–0000 BRIAN R. WELLS, 000–00–0000 DAVID G. YOUNGBLOOD, 000–00–0000 GARY JOHN VANDERBILT, 000–00–0000 PATRICK J. WELLS, 000–00–0000 JONATHON L. ZAVORKA, 000–00–0000 ZACHARY A. VANDYKE, 000–00–0000 RICHARD R. WELLS, 000–00–0000 DAVID M. ZELKOWITZ, 000–00–0000 RYAN L. VANGEL, 000–00–0000 SHANNON R. WENTWORTH, 000–00–0000 JOHN V. ZESIGER, 000–00–0000 SCOTT T. VANSWERINGEN, 000–00–0000 TERESA RAE WENZLICK, 000–00–0000 NICHOLAS C. ZIKAS, 000–00–0000 ROHENA R. VARELA, 000–00–0000 JOHN J. WERNAU, 000–00–0000 JOHN EDWIN ZOOK, 000–00–0000 DAMON S. VARNADO, 000–00–0000 KENNETH S. WEST II, 000–00–0000 SARA M. ZWIRLEIN, 000–00–0000 DENNIS M. VASQUEZ, 000–00–0000 RONALD E. WESTGATE, 000–00–0000 STEVEN PAUL ZYNDA, 000–00–0000

VerDate Aug 31 2005 05:10 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00066 Fmt 4624 Sfmt 9801 J:\ODA16\1996_F~1\S26MR6.REC S26MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 26, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E449 EXTENSIONS OF REMARKS

RURAL ROADS FUNDING ISTEA was intended to produce and will great- need of it—potentially undermining the ly improve our roadway system by allowing basic purpose of the health care reform legis- lation. HON. NANCY L. JOHNSON local and rural communities the opportunity to The potential problems caused by MSAs OF CONNECTICUT decide which roads should be repaired. can be mitigated (but not eliminated) by IN THE HOUSE OF REPRESENTATIVES f limiting the ability of healthier people to Tuesday, March 26, 1996 use MSAs as a tax shelter for general pur- MEDICAL SAVINGS ACCOUNTS: pose saving and investment. The tax shelter Mrs. JOHNSON of Connecticut. Mr. Speak- FANCY WORDS FOR NEW TAX potential could be lessened by: er, anticipating next year's reauthorization of SHELTER Significantly increasing the penalty for the 1991 Intermodal Surface Transportation use of MSA funds for purposes other than Efficiency Act [ISTEA], I am introducing legis- HON. FORTNEY PETE STARK paying medical bills. lation today that will provide rural area roads Taxing interest earned on MSA accounts OF CALIFORNIA annually. eligibility for a small percentage of funding IN THE HOUSE OF REPRESENTATIVES Recapturing foregone FICA (Social Secu- under the Surface Transportation Program rity and Medicare) payroll taxes for amounts [STP]. Tuesday, March 26, 1996 withdrawn from MSAs for purposes other The intent of ISTEA's STP program was to Mr. STARK. Mr. Speaker, medical savings than paying medical bills. provide greater flexibility to State and local au- accounts [MSA] will be voted on this week as Raising the age at which funds may be thorities for transportation needs by providing part of the health insurance reform bill devel- withdrawn from MSAs for any purpose with- States with block grant-type authority. How- out incurring a penalty to age 65, so funds oped by the Republican leadership. must remain available to expend on medical ever, ISTEA regulations prohibit roads classi- The MSA provisions should be deleted. care until the individual qualifies for Medi- fied as local or rural minor collectors from re- Everyone who thinks about them will quickly care. ceiving Federal-aid highway funding. Since understand that they are destructive to the MSA PROVISIONS most roads in rural areas fall under this classi- health insurance system, because they skim Under the MSA proposal in the health care fication, they are not eligible for funding and out the healthiest people in our society. Sicker reform bill, qualified taxpayers (either di- remain in severe disrepair. and older people will be left behind in the tra- rectly or through their employers) are al- Under ISTEA's current STP distribution for- ditional insurance pool, where rates will have lowed to contribute yearly amounts to an mula, States are required to set aside 10 per- to be raised to cover the costs of the more ex- MSA, up to a specified ceiling. To be quali- cent of their STP funds for safety programs pensive people in that pool. These higher fied, taxpayers must have insurance cov- and 10 percent for transportation enhance- rates will, in turn, make insurance unaffordable erage through a high-deductible health plan. Taxpayer (or their employers) may contrib- ment programs. The remaining 80 percent of to more people, thus increasing the number of STP funding goes into a general purposes ute the amount of the plan deductible of the uninsured in our society. MSA's may be good MSA, up to $2,000 for an individual and $4,000 fund, with a remaining distribution account re- for individuals who are healthy at the present for a family. ceiving 50 percent, and a statewide distribu- time, but they are bad for society that is trying Amounts individuals contribute to MSAs tion account receiving 30 percent. to encourage health insurance for as many may be deducted on their income tax when Under the remaining distribution account, people as possible. determining adjusted gross income, which funding is provided to areas over 200,000 MSA's are an every-man-for-himself, to-hell- means they may be deducted whether or not population, while only a minimal level of fund- with-society philosophy. the individual itemizes other deductions. If MSA contributions are made by employers ing is provided to rural areas under 5,000 pop- What is not so clear is that they are a mas- ulation based on a fiscal year 1991 funding on behalf of individuals (presumably even if sive tax shelter. salaries are reduced to allow the contribu- level. Unfortunately, congressional attempts to I would like to include in the RECORD the tions to be made), the amounts contributed provide State flexibility do not ensure ade- portions of a paper by Iris J. Lav of the Center are not counted as wages or salary for pur- quate and equitable distribution of Federal as- on Budget and Policy Priorities, which details poses of computing income, FICA (Social Se- sistance to rural area roads. how gross this new tax break is. Republicans curity and Medicare), or unemployment Moreover, roads functionally classified as talk about tax reform and tax simplification, but taxes. The interest earned on amounts accu- local or rural minor collectors are not currently anyone who votes for MSA's is voting for tax mulated in MSA accounts also is exempt from taxation. eligible for the rural areas under 5,000 popu- complication and tax unfairness: lation funding and, since most rural roads fall Taxpayers may use the funds in their MSA PROVISIONS IN HEALTH CARE REFORM MSAs to pay any medical expenses that under these two classifications, they are ineli- BILL CREATES TAX SHELTER AND CASTS could qualify as itemized deductions on the gible for Federal assistance. DOUBT ON EXPANSION OF INSURANCE COV- taxpayers’ income tax. Funds withdrawn My legislation would allow roads functionally ERAGE from MSAs that are used to pay permitted classified as local or rural minor collectors eli- (By Iris J. Lav) types of medical bills are never taxed. gibility for STP funds under the existing spe- The Medical Savings Account (MSA) provi- If funds are withdrawn from the MSA for cial account for areas under 5,000 population sion in the House health care reform bill cre- non-permissible purposes, they are subject to only. My legislation would not amend the road ates an extensive new tax shelter oppor- income taxes as ordinary income in the year classification system. Rather, it would only tunity, the cost of which would grow over they are withdrawn. If the taxpayer is below age 591⁄2, amounts withdrawn for non-permis- modify 23 USC 133(c) to allow roads function- time. For people in good health, the MSA provision would be the equivalent of enact- sible purposes also are subject to a 10 percent ally classified as local and rural minor collec- penalty. After the taxpayer attains age 591⁄2, tors STP funding eligibility under the areas ing a new Individual Retirement Account program—far more generous than the IRAs funds may be withdrawn from MSAs for any under 5,000 population account 23 USC available prior to the Tax Reform Act of purpose without incurring a penalty. 133(d)(3)(B). Moreover, I propose that of the 1986. MSA’S CREATE A TAX SHELTER 50 percent to be obligated under the remain- Healthy, higher-income people who hope to For higher-income taxpayers who antici- ing distribution account, at least 20 percent, or retain for other purposes the tax-advantaged pate remaining healthy, MSAs represent a the existing minimum requirement, whichever funds not needed for medical care would be new, tax-advantaged way to accumulate sav- is greater, should go to the rural areas under attracted to use the MSAs with high-deduct- ings. Because contributions made by or 5,000 population account. Finally, my legisla- ible insurance plans. People with less good through an employer are permanently ex- tion would amend the statewide planning proc- health would find high deductible insurance empt from Social Security and Medicare plans less attractive and would be become payroll taxes and are exempt from income ess by requiring States to also consider the segregated into conventional insurance plan, taxes until withdrawn, and because the in- transportation needs of rural areas, including thereby raising the cost of such plans. As a terest earned on amounts remaining in the local and rural minor collectors. result, it could become more difficult and MSA is allowed to compound without yearly I urge my colleagues to support this nec- less affordable for employers to offer ade- taxation, the 10 percent penalty on with- essary legislation. It will provide the flexibility quate health insurance to employees most in drawals for non-permissible purposes is not

∑ 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. E450 CONGRESSIONAL RECORD — Extensions of Remarks March 26, 1996 sufficient to prevent MSAs from becoming a I might note, Mr. Speaker, that these provi- tory Month by joining with the board of com- tax shelter. Even after the penalty is paid, sions unanimously passed the Senate by a missioners, department of parks and recre- the after-tax return to savings in an MSA 100-to-0 vote on March 19. ation and the citizens of Dade County in cele- would under many circumstances exceed the I am attaching an article that appeared in brating the achievements of 15 outstanding return to conventional savings. Figure 1 [not printed in RECORD] shows the the Chicago Tribune last week about Perry women. difference to a taxpayer in the 36 percent fed- Moy, who lives in the district I am privileged to Elizabeth MetcalfÐa woman of lasting im- eral income tax bracket between saving represent and owns a Chinese family res- pact, who has touched many lives in her serv- $3,000 of gross earnings under current law taurant. This article explains the effect of regu- ice as a psychologist, teacher, State rep- and saving the same amount in an MSA. In lations on small business. Regulators in the resentative and dedicated volunteer for many each case, the deposit is held at a three per- executive branch should heed his insights, organizations such as the League of Women cent rate of interest. Under current law, the and I urge a similar resounding vote of con- Voters, The Girl Scout Council of Tropical taxpayer would have $1,742 in after-tax funds Florida, and the Dade Heritage Trust. to deposit in a conventional savings account. fidence in small business by my colleagues in the House. Olimpia RosadoÐcame to the United States (The $3,000 gross earnings would be reduced as an exile from Cuba in 1961, and since that by a 36 percent income tax, an effective state [From the Chicago Tribune, Mar. 18, 1996] time she has dedicated her life to preserving income tax of 4.5 percent after accounting RESTAURATEUR AWAITS RELIEF FROM for deductibility against federal taxes and a ‘‘WASTEFUL’’ REGULATIONS Cuban heritage, writing a regular column for 1.45 percent Medicare tax. Taking away (By Wilma Randle) Diario Las Americas, supporting the Miami 41.95% of $3,000 leaves $1,742.) If those funds Dade Public Library Hispanic Branch, and her McHenry County Restaurant owner Perry remain on deposit for 10 years with interest Moy spends his days doing a lot more than extensive volunteer service. taxed yearly, they would grow to $2,079. running his eatery. He also has to handle a Francena ThomasÐchildren have always Under the MSA provision, however, the tax- lot of paperwork, much of it dealing with been her first priority. Francena has served as payer would deposit the entire $3,000 and in- various governmental regulations. a public schoolteacher, university adminis- terest would compound free of tax. After 10 Moy is the owner of the Plum Grove Res- trator, and currently as a community liaison for years, the account would hold $4,032. The taurant, family-owned eatery in McHenry. taxpayer could withdraw the funds for pur- Metro Dade Police. Francena has hosted radio And, he says the paperwork he has to deal poses other than medical care, pay income and television programs, writes a column for with is something he really could do with- tax and the 10 percent penalty on the with- the Miami Times, and has spent extensive out. time volunteering for agencies such as Metro- drawn amounts, and have $2,236 remaining. Moy also served as a delegate at last year’s In other words, after 10 years the value to White House Conference on Small Business Miami Action Plan, Alternatives to Violence, the taxpayer of the funds saved in the MSA where the issue of government regulations and the Youth Crimewatch Advisory Council. would exceed the value of conventionally- was a major concern for small business own- Frances BohnsackÐserving presently as saved funds by 7.6%, even though a penalty ers. executive director of the Miami River Marine was assessed for non-permissible use of the Thus, Moy is among the nation’s small Group, Fran has made a positive imprint in the funds. If during those 10 years the taxpayer business operators who are watching with in- south Florida community through her activities attained age 591⁄2, no penalty would be as- terest a bill currently being debated in Con- in many women's organizations such as NOW sessed and the value to the taxpayer of the gress that would relieve small business own- MSA savings would exceed the value of the and the Feminist Alternative. She has also ers of much of what they say is the burden of dedicated her life as a teacher, political activ- conventional savings by more than 15 per- governmental regulations. cent. As shown in Figure 1, the differential The ‘‘Small Business Growth and Adminis- ist, and advocate. value of the MSA savings grows with the trative Accountability Act’’ would require State Representative Larcenia J. BullardÐis length of the holding period. After 20 years, federal agencies to periodically review regu- a former educator and school administrator an MSA withdrawal with penalty exceeds the lations to determine whether they need who has taken on a task to serve in the Flor- value of conventional savings by 21 percent, changing, according to a recent notice dis- ida Legislature, along with her extensive com- 1 while an MSA withdrawal after age 59 ⁄2 ex- tributed by the National Federation of Inde- munity involvement which includes the ceeds the value of conventional savings by 30 pendent Business, a Washington-based asso- NAACP, South Dade Civitan Club, National percent. (It may be noted that the cost of the ciation representing more than 500,000 small Treasury in foregone tax revenues also would Council of Negro Women, Women's Political business owners around the country. Caucus, and the Miami-Dade Criminal Justice increase over time, as growing amounts of The NFIB contends government regula- savings are likely to be sheltered from tax- tions force employers to waste billions of Council. Representative Bullard is widely re- ation.) hours each year filing paperwork as well as spected for her leadership in the South Dade f billions in costs related to complying with Community she represents. different regulations. ‘‘That time and money Linda DakisÐJudge Linda Dakis has fo- REGULATORY BURDEN FACING could be better used and spent expanding cused her professional and volunteer efforts SMALL BUSINESS businesses and creating jobs,’’ said Jack toward the effects of domestic violence in our Faris, NFIB president. community. She has been a leader in dealing HON. DONALD A. MANZULLO Paperwork isn’t costing Moy billions of with this difficult issue, and is respected na- work hours, but he says when you run a OF ILLINOIS tionally for her extensive work through publica- small business, any time that isn’t devoted tions and media program that explore this per- IN THE HOUSE OF REPRESENTATIVES to running the business is time you really vasive evil called domestic violence. Tuesday, March 26, 1996 can’t afford to waste. ‘‘The amount of paperwork I have to deal Margarita Rohaidy DelgadoÐhas served as Mr. MANZULLO. Mr. Speaker, I am a proud with—just in my business—is immense,’’ he a social worker, Florida Senate Legislative supporter of the Small Business Growth and said. ‘‘I have to deal with everything from Aide and presently owns her own company, Administrative Act, now retitled the Small Busi- employee taxes to the health and liquor reg- MRD Consulting. She has served the south ness Regulatory Simplification and Enforce- ulatory agencies. And it’s not just federal Florida community through her involvement ment Act. This bill, as contained in the Con- agencies. There are all these state and local with many organizations, among them the City tract With America Advancement Act, will: regulations too.’’ of Miami Off-street Parking Board, Dade First, require agencies to publish easily un- So, he said, ‘‘Whatever changes can be County United Way Board of Trustees, and made to relieve the paperwork and regu- derstood guides to assist small businesses in latory burden on small business I would wel- Metro-Dade County Health Policy Authority. complying with regulations; come. It’s truly one of the drawbacks about Tananarive DueÐis well known through her Second, require agencies to provide infor- running a small business.’’ career as a columnist for the Miami Herald, as mal, nonbinding advice, about regulatory com- f a novelist, international scholar, Big Sister, pliance to small business; and giving back to the community through the Third, create a Small Business Administra- TRIBUTE TO DADE COUNTY’S Miami NAACP ACT±SO Committee and Big tion [SBA] small business and agriculture en- OUTSTANDING WOMEN Brothers-Big Sisters. She is the daughter of forcement ombudsman to allow citizens to two infamous south Florida civil rights leaders. confidentially comment on SBA personnel; HON. CARRIE P. MEEK Vickie JacksonÐresponding to the tragic Fourth, create independent boards to pro- OF FLORIDA domestic violence loss of her sister, Bridget vide a greater opportunity to track small busi- IN THE HOUSE OF REPRESENTATIVES Smith, Ms. Jackson founded the Domestic Vi- ness regulatory enforcement and policy; and olence Education and Prevention Project, Inc. Fifth, require agencies to develop programs Tuesday, March 26, 1996 She also volunteers her time to the Inner-City to waive and reduce civil penalties for viola- Mrs. MEEK of Florida. Mr. Speaker, it is my Children's Touring Dance Co. and many other tions by small businesses. great pleasure to pay tribute for Women's His- arts programs for children. March 26, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E451 Elizabeth KaynorÐhas served tirelessly as population will ultimately increase that number for their health insurance. I look forward to the executive director for the City of Miami even higher. Second, is the increasing degree working with the other Members of Congress, Commission on the Status of Women, and is of obesity. Third, is the fact that the population now and in the future, to improve the lives of the founding director for the Center for Con- is living in a more sedentary lifestyle, and people with diabetes. tinuing Education of Women at Miami-Dade fourth is the fact that improved diagnosis tech- f Community College. She grasps every oppor- niques have isolated cases at earlier stages. TRIBUTE TO FRANKLIN MEISSNER tunity to work for women's advancement Those at risk for diabetes generally exhibit through education, communication, four different characteristics: they are over 45 networking, and international exchanges. years old, more than 120 percent above their HON. JOSEPH P. KENNEDY II Ivette Arteaga MorganÐis currently the as- ideal body weight, physically inactive, or have OF MASSACHUSETTS sistant principal of the Miami Palmetto Adult an immediate family member diagnosed with IN THE HOUSE OF REPRESENTATIVES Education Center, and has served as an ele- diabetes. Tuesday, March 26, 1996 mentary teacher, social worker, school admin- The toll of diabetes in death and human suf- Mr. KENNEDY of Massachusetts. Mr. istrator, and university faculty member. Dr. fering is very great. Physicians are very critical Speaker, I rise to pay tribute to an outstanding Morgan has provided leadership for bilingual to pubic education efforts. Physicians need to individual, Mr. Franklin Meissner, of Wey- and multicultural education programs, was a be more aware and sensitive to the fact that mouth, MA. Today, Mr. Meissner, the outgoing cofounder of ASPIRA, and has volunteered diabetes is a very serious disease. Many peo- chairman of the board of the South Shore her time to many programs that encourage ple are unaware they have the disease until Chamber of Commerce, will be honored for women's political participation. they seek treatment for one of its crippling his exceptional work. During his tenure, the Janice O'RourkeÐas a leader in edu- conditions. Some of these conditions include: South Shore Chamber had its most successful cational and women's organizations, this bank- stroke, blindness, heart disease, or even kid- financial year and is now the second largest ing executive has lent her talents and energies ney disease. chamber of commerce in New England. As the to many causes such as the Miami Branch of Diabetes is the leading cause of blindness 1995 chairman, Mr. Meissner made significant the American Association of University among those 20 to 74 years old. Also, as improvements to the administration of the Women and other organizations that focus on many as 20 percent of diabetics develop kid- chamber by reorganizing the Economic Devel- women's education and empowerment. ney disease. And diabetics are two to four opment Organization and upgrading the com- Deborah ReyesÐserves as the president of times more likely to develop heart disease and munications and computer operations. He also Capital American Mortgage Co. and consulting strokes. instituted the ``Elder-Preneur'' of the year and training group. She is committed to serv- Diabetes is currently the fourth leading award, honoring older people who continue to ing her home community through her church, cause of death by disease. Moreover, about contribute to society. the Girl Scouts Council of Tropical Florida, the 169,000 Americans die each year from the In addition to efforts at the chamber, Mr. Community Coalition for Women's History, and diseaseÐmore than the number of people Meissner has been very active in serving his the National Board of the Girl Scouts of the who die from AIDS or breast cancer. neighbors and community. To list just a few of USA. We must realize that diabetes requires a his civic service activities: he is a member of Being honored posthumously are: lifetime of medical care and self-treatment. A the Weymouth Rotary Club; is director of the Meg O'BrienÐwas a woman of courage and person with diabetes must have access to South Shore Hospital, Health and Educational determination who became the founder of the supplies, equipment, and education. With Foundation; and is director of the Bank of WLRN Radio Reading Service, which provides these resources made available, a person with Braintree. Mr. Meissner is also a successful print-handicapped persons with 24 hours of diabetes can greatly reduce any complications businessman, as president of Electro Switch news, literature, and general information. She that cause any suffering associated with the Corp., he employs over 500 people in Massa- shared her love for literature through the radio disease. chusetts and North Carolina. What has been program ``Cover to Cover,'' through the annual Health care must be made a priority for peo- very evident in all of Mr. Meissner's activities writer's conference in the Florida Panhandle, ple with diabetes. People with diabetes have is strong dedication and a commitment to suc- and through ``The Late Show,'' a bedtime story great difficulty acquiring affordable health in- cess. initiative for detainees at Youth Hall. surance that is needed to obtain medical care. Mr. Speaker, it is indeed an honor and a Belen SaboridoÐimmigrated to the United Medicare and Medicaid, the Federal Govern- pleasure for me to have this opportunity to States and became a successful business- ment's two largest health care programs, do recognize this outstanding individual. I am woman and community leader, launching her not provide coverage of supplies and medica- sure I speak on behalf of many members of own business in 1981. She worked tirelessly tion necessary to avoid complications related the community who have worked with Mr. to support education, women's concerns, serv- to diabetes. Meissner when I offer my heartfelt congratula- ice to families and children, health care, and According to the American Diabetes Asso- tions and best wishes on this special day. the arts. ciation, diabetes research is proven to save f f money. Studies taken show that for every dol- 163D ANNIVERSARY OF THE TREA- lar spent on medical research, $13 is saved in NATIONAL DIABETES DAY TY OF AMITY AND COMMERCE health care costs. The majority of diabetes re- BETWEEN THE UNITED STATES search is supported by the National Institutes AND THAILAND HON. FRANK PALLONE, JR. of Health. Ironically, of the more than $12 bil- OF NEW JERSEY lion spent by the U.S. Government on medical HON. BENJAMIN A. GILMAN IN THE HOUSE OF REPRESENTATIVES research, only 3 percent is used to fund diabe- tes research. There must be a greater amount OF NEW YORK Tuesday, March 26, 1996 of support for medical research programs and IN THE HOUSE OF REPRESENTATIVES Mr. PALLONE. Mr. Speaker, today is Na- also increased funding for diabetes research. Tuesday, March 26, 1996 tional Diabetes Day. Diabetes is a life-threat- In regard to health care issues, we must Mr. GILMAN. Mr. Speaker, I rise today to ening, chronic disease, and a major public have widespread support for legislation and commemorate the 163d anniversary of the health issue that affects 16 million Americans efforts in the private sector that will ensure Treaty of Amity and Commerce between the directly and the rest of the population indirectly greater access to health care for people with United States and the kingdom of Thailand. through its impact on medical care and costs. diabetes. This treaty, signed in 1833, is unique in that Since the 1960's the prevalence of diabetes I have recently become a cosponsor of two it is the first treaty of its kind between the Unit- has tripled and it is reaching epidemic propor- bills sponsored by Representative FURSE (H.R. ed States and an Asian nation. It is a symbol tions. The National Institutes of Health esti- 1073 and H.R. 1074) that seek to expand of our enduring friendship and high respect for mates that about 1,800 new cases are diag- Medicare coverage of outpatient self-manage- the Thai people. nosed each day. Diabetes is by far the most ment training and access to blood testing For many years, the United States has had widespread disease in our country today. In strips. I have also signed on to a letter sup- a close political and personal relationship with 1992 alone, cost of care for diabetes totaled porting the National Institutes of Health as a the people and the Government of Thailand. $92 billion. priority when considering a balanced budget. The Thais stood shoulder to shoulder with us The skyrocketing rise in diabetes is linked to We, Representatives in Congress, have the in our long and principled battle against com- four very important factors. First, an aging opportunity to improve the lives of millions of munism in Southeast Asia. Today, they con- population. The aging of the baby boomer Americans with diabetes who rely on Medicare tinue as our ally in the war against illicit drugs. E452 CONGRESSIONAL RECORD — Extensions of Remarks March 26, 1996 Thailand stands as a model to other South ordinate those benefits against Medicare and surrounded on three sides by water during East Asian nations as a bedrock of peace and other existing health benefits. flood periods. The district had the immense stability in a region which has seen much tur- I find it very hard to believe that this Con- challenge of dealing with potential flooding. In gress would allow these practices to resume moil. and strip states of their rights to protect order to handle this contingency the district Today, the Thais have much to be proud of their own citizens from these abusive prac- helped fund and maintain the Knights Landing in the robust development of their economic tices. Good public policy demands that sen- to Princeton levee on the west side of the strength and their leadership in Asian com- iors make the best use of scarce premium Sacramento River, as well as other levees merce. The interdependence of our economies dollars and use any excess towards providing outside district boundaries. binds us even closer together and Thai-Ameri- for their long term care needs, not the pur- At the turn of the century, the district pur- cans have made strong contributions to Amer- chase of unnecessary duplicate coverage. I chased areas of Sutter and Colusa County ican society and culture. urge you to take a closer look at this issue. land, which it used as outlet channels to re- Sincerely, Mr. Speaker, it is a honor to recognize this lieve pressure on the west side Sacramento BONNIE BURNS, 19th century treaty which serves as the foun- Consultant. River levees. During the same period, district dation of a long and prosperous relationship. authorities supervised the construction of a It is hoped that Thailand and the United States SENIOR HEALTH INSURANCE ISSUES, back levee to protect district lands from north- will continue their long-standing and mutually Scotts Valley, CA, March 20, 1996. ern and western flood waters. beneficial friendship which serves as a model Hon. NEWT GINGRICH, As development of lands within the district of cooperation in the region. Speaker, The Speakers Office, House of Rep- grew, so did R.D. 108's flood control efforts. f resentatives, Washington, DC. Eventually, the district's work at the Knights DEAR SPEAKER GINGRICH: Enclosed are cop- Landing Ridge resulted in the 1915 formation REPUBLICAN HEALTH BILL WILL ies of letters I have written commenting on the recent proposed federal legislation on of the independent Knights Landing Ridge RIP-OFF SENIORS BY PERMIT- Drainage District. During the same period, the TING SALES OF BAD INSURANCE tax clarification of long term care insurance and on duplication of medical benefits for newly-created Sacramento River West Side PRODUCTS people on Medicare. I understand that both Levee District assumed maintenance control of these issues will be voted on the floor of the West Side Levee between the towns of HON. FORTNEY PETE STARK shortly in one or more bills related to health Knights Landing and Colusa. OF CALIFORNIA insurance reform. These legislative proposals The earlier flood control efforts undertaken are almost identical to language contained IN THE HOUSE OF REPRESENTATIVES by district No. 108 laid the foundation for the in the Budget Bill that garnered many of the Tuesday, March 26, 1996 same concerns. I hope you will consider the development of these newer entities. District No. 108 developed a strong cooperative rela- Mr. STARK. Mr. Speaker, the health insur- issues I have raised in my letters to the Chairs of the various committees and sub- tionship with these bodies which continues to ance bill that was approved by the Ways and committees. These are extremely important this day. The entire lower portion of the Means Committee last week contains lan- issues that have profound repercussions for Colusa Basin enjoys greater flood protection guage that completely guts the laws against older consumers. as a result of this cooperative effort. Medigap fraud and abuse. Stripping states of their rights to regulate In the early years of this century the district The following letter from a consumer advo- consumer protections within their borders expanded its focus, moving into the realm of cate explains why. for their oldest and most vulnerable citizens is not consistent with your desire to allow irrigation. In 1917 district No. 108 obtained It is another reason the House should pass permission to irrigate lands not adjacent to the a simple, pure Kennedy-Kassebaum bill. states more flexibility and choice. Is it your public policy position that overinsurance for Sacramento River. An intense effort was SENIOR HEALTH INSURANCE ISSUES, Scotts Valley, CA, March 20, 1996. health care costs in the oldest and sickest mounted to establish an irrigation and drain- populations is a desirable outcome? I can’t Hon. BILL ARCHER, age system which would serve the entire dis- Chairman, House Committee on Ways and imagine that you want to see seniors using trict. This effort was completed with great suc- Means, Longworth HOB, Washington, DC. their scarce health care premium dollars cess. Today, there are 118 miles of irrigation that should be spent on long term care cov- DEAR CHAIRMAN ARCHER: I am very con- ditches and over 300 miles of drains operated erage used to purchase unnecessary and ex- cerned about an Amendment by Mr. Collins and maintained by the district. that recently passed out of the Committee cessive health care coverage. Please take a careful look at these issues. In recent years, reclamation district No. 108 on Ways and Means on Duplication and Co- has faced a variety of challenges. During the ordination of Medicare Related Plans. I have Sincerely, been a consultant on Medicare, supplemental BONNIE BURNS, 1960's the district worked with Sacramento insurance and long term care insurance for Consultant. River Water users and the U.S. Bureau of more than eighteen years to both state and f Reclamation to formulate a supplemental national consumer groups. I was very active water supply plan. Today, district No. 108 is in a lawsuit brought by the Santa Cruz Dis- IN HONOR OF CALIFORNIA bring together Federal, State, environment, trict Attorney against an insurance agency RECLAMATION DISTRICT NO. 108 and water administrators and landowners in for overselling duplicative and overlapping an attempt to develop a feasible and cost ef- coverage to seniors in 1989. We both testified HON. VIC FAZIO fective method for protection of the Sac- repeatedly in both Houses on this issue prior to the passage of OBRA 90. OF CALIFORNIA ramento River's endangered fish. While there is a legitimate reason to carve IN THE HOUSE OF REPRESENTATIVES f out a narrow exemption for disabled Medi- Tuesday, March 26, 1996 care beneficiaries who have purchased guar- CELEBRATION OF JAN PIERCE’S 40 anteed issue major medical coverage that Mr. FAZIO of California. Mr. Speaker, I rise YEARS OF PROGRESSIVE LABOR duplicates and coordinates against Medicare, today to honor California reclamation district LEADERSHIP the Collins Amendment does not even ad- No. 108, which is celebrating its 125th year of dress that issue. The proposed amendment operation. HON. THOMAS J. MANTON language rolls back all federal and state pro- In 1868, the California State Legislature au- tections since 1980 against selling multiple OF NEW YORK thorized the organization of reclamation dis- IN THE HOUSE OF REPRESENTATIVES and duplicate policies to seniors on Medi- tricts to encourage residents to transform the care. This Amendment would allow compa- Tuesday, March 26, 1996 nies and agents to sell seniors any amount State's swamps and flooded areas into arable and combination of policies on top of their land. One of California's oldest reclamation Mr. MANTON. Mr. Speaker, I rise today to Medicare and a Medicare Supplement. This districts, No. 108, dates from September 1870. pay tribute to Jan D. Pierce, the vice president practice has a long and disgraceful public District No. 108 was organized by Yolo and of the Communications Workers of America, history that led Congress to take action sev- Colusa County landowners for the purpose of District One. eral times over the last two decades. slavaging the tule lands that extended from For the last 40 years, Mr. Pierce has Not only would the proposed language re- the western bank of the Sacramento River to worked tirelessly as a progressive labor leader peal all federal protections, it would repeal all existing state laws and prohibit the en- the Colusa Basin. in the communications industry and has been actment of any future state laws to protect One of district No. 108's earliest and most a leading advocate for rank and file unionism elderly consumers. In addition to allowing important responsibilities was flood control. in the United States. the sale of excessive and duplicative cov- Tens of thousands of acres of district land oc- Mr. Pierce has been an active union mem- erage, it would also allow companies to co- cupied low-lying areas of the Colusa Basin, ber his entire working life, beginning with his March 26, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E453 employment by the then Bell System in 1956. Affairs. I want to thank her for her service to mained an active member for over fifty He then served as president of CWA Local her country and her unstinting bipartisan work years; Whereas, Ms. Blyden married Mr. Albert 4320 in Columbus, OH. Following that, he on behalf of the intelligence community. Frazer on December 16, 1925; worked with the CWA District One staff as f Whereas, she had ten children, seven are area director, assistant to the vice president presently alive and active in their commu- and beginning in 1985, as vice president of SALUTE TO FAMILIA DIAZ nities; the largest CWA district in the country. MEXICAN RESTAURANT Whereas, she is a proud grandmother and Mr. Speaker, Mr. Pierce has stood by his great grandmother to over fifty children; Therefore, be it resolved on this the sev- word for the last 40 years by serving as an ar- HON. ELTON GALLEGLY enth day of April 1996, I, Victor O. Frazer, ticulate spokesperson with a progressive point OF CALIFORNIA Member of Congress, join with family and of view on major social, economic and political IN THE HOUSE OF REPRESENTATIVES friends to honor a great woman as she cele- issues. In addition, he has involved himself in Tuesday, March 26, 1996 brates her ninetieth birthday. countless causes and struggles including civil f rights, human rights, women's rights, political Mr. GALLEGLY. Mr. Speaker, I rise today to campaigns, demonstrations, picket lines and salute a family restaurant in my district that is HOUSE CONCURRENT RESOLUTION movements to improve conditions for the celebrating six decades of successÐa family 148 American worker. restaurant that never forgot the importance of Mr. Speaker, I am proud to recognize the family. HON. PATSY T. MINK achievements of Jan D. Pierce, and I know my Familia Diaz Mexican Restaurant, now a fix- OF HAWAII colleagues join me in honoring him as we cel- ture on 10th Street in Santa Paula, was estab- IN THE HOUSE OF REPRESENTATIVES ebrate 40 years of progressive labor leader- lished in 1936 by two people who had just Tuesday, March 26, 1996 ship with the Communications Workers of $500 in savings and a dream in their hearts. Jose and Josepha ``Pepa'' Diaz opened their Mrs. MINK of Hawaii. Mr. Speaker, I came America. to Congress in January 1965, when questions f cantina, originally called ``Las Quince Letras,'' and resolved that through hard work and de- about our escalating involvement in Vietnam HONORING JOANNE O’ROURKE termination they would succeed. were widely debated. Congress had passed ISHAM, DIRECTOR, OFFICE OF While Jose worked the front, making con- the Gulf of Tonkin resolution the summer be- CONGRESSIONAL AFFAIRS, versation with faithful customers who, over the fore, providing supporters of the war in Viet- CENTRAL INTELLIGENCE AGEN- years, would become almost as close as fam- nam with a claim that Congress had author- CY ily, Pepa would be in the kitchen turning out ized it. I took a stand against United States in- her famous recipies, sometimes sending volvement in the Vietnam war. Supporters of daughter Vickie to the corner store to buy the the war used the near unanimous vote taken HON. LARRY COMBEST by Congress in passing the Gulf of Tonkin res- OF TEXAS ingredients for a particular dish. Word spread and the restaurant grew. In the olution to prove that I was out of line and even IN THE HOUSE OF REPRESENTATIVES 1950's, their son, Tony, came into the busi- un-American for opposing my Government at Tuesday, March 26, 1996 ness and built on the progress his parents had a time of armed conflict. This Taiwan resolution repeats the mistakes Mr. COMBEST. Mr. Speaker, I rise today to made. For many years, Tony's wife, Cecila, and his sister, Nora, almost single-handedly of the Gulf of Tonkin resolution. call special attention to the dedicated work of For 24 years we have adhered to a One turned out the restaurant's famous tamales. Ms. Joanne Isham as Director of Congres- China policy to the point where we have de- In 1980, when Tony was celebrating his sional Affairs at the Central Intelligence Agen- clined to recognize Taiwan as an independent 30th year in the restaurant, he was joined in cy. Ms. Isham served in this demanding job nation. Until we do, our policy has been as the business by two of his children, Sandra for 2 years, taking over the office in a period stated in the Taiwan Relations Act. Taiwan and Dan. This was so very appropriate, be- of controversy following the reprimand of sev- does not have a United States Embassy in the cause in Familia Diaz' 60 years of business, eral CIA employees for their handling of the United States; neither do we have one in Tai- business has always been deeply rooted in Aldrich Ames spy case. She recognized that wan. family. the CIA's relations with the Congress were Despite the diplomatic difficulties that this While the number of fast food restaurants badly damaged by the spy case and set about One China policy has caused, it has produced turning out food that is precooked, pre- immediately to improve them. enormous prosperity in Taiwan, making it the packaged, and preheated continues to pro- Mr. Speaker, I witnessed a dramatic shift in 19th largest economy in the world. Today Tai- liferate, it is refreshing to know there are still the Agency's posture with the Congress fol- wan is a major trader with the United States places to go where food is prepared, the way lowing Ms. Isham's appointment. She initiated as well as with the People's Republic of it is at Familia Diaz. a series of reforms to ensure that the Intel- China. It has won its right to the international I would like to wish the Diaz family a sincere ligence Committees were kept fully and com- trading table without dispute. pletely informed of significant developments at congratulations on this happy 60th anniversary The Taiwan Relations Act states no the Central Intelligence Agency. She accom- and best wishes for the future. I know that as committment on the part of the United States plished this turnaround not with a heavy hand, long as this restaurant maintains a healthy to use our military force in case of threats by but with fair and even-tempered management. supply of its most precious commodityÐfam- mainland China. It was carefully crafted to Ms. Isham kept me fully apprised of significant ilyÐit will continue to enjoy great success. avoid this inference. developments in the intelligence community. f Today we are amending that act. This reso- She earned the committee's respect in a most PROCLAMATION HONORING MRS. lution specifically makes that pledge of military difficult undertaking. AMANDA FRAZER DAWSON force. Ms. Isham has now been promoted to be I find it hard to support this resolution, de- Associate Deputy Director for the CIA's Direc- spite the alarming and exceedingly provoca- torate for Science and Technology. This is a HON. VICTOR O. FRAZER tive actions of the People's Republic of China, new position that will enable her to capitalize OF THE VIRGIN ISLANDS because it goes too far and changes the long- on her strong relations with the Congress and IN THE HOUSE OF REPRESENTATIVES standing policy without any substantive debate many years of experience in the CIA to bring Tuesday, March 26, 1996 and without discussion of all the ramifications a strategic and more corporate management Mr. FRAZER. Mr. Speaker, I insert the fol- of this change. team to the CIA's Directorate for Science and This resolution is a cold war style reaction lowing for the RECORD: Technology. We will miss her at Congres- to the current missile firing and military ma- sional Affairs, but look forward to working with A PROCLAMATION neuvers by the People's Republic of China in her in this new capacity. Whereas, Ms. Amanda Blyden was born on the Taiwan Straits. A sounder resolution which Finally, I want to note that, in recognition of April 7, 1906 in Tortola in a little Village of deplored this provocation and urged that it her work, she was awarded the Contract With Cane Garden Bay to Celina and George come to a halt and commended the Govern- Blyden; America's Distinguished Intelligence Medal by Whereas, Ms. Blyden moved to St. Thomas ment of Taiwan for their remarkable achieve- Director John Deutch on March 18, 1995, in in the early 1900s; ments, pledged continuing support and friend- recognition for her outstanding leadership and Whereas, she attends Christ Church Meth- ship, and congratulated them on their upcom- management of the Office of Congressional odist in the Market Square where she has re- ing election would have been all that was E454 CONGRESSIONAL RECORD — Extensions of Remarks March 26, 1996 needed to point to the obvious need for the these aviation taxes as limited to $150 million. course, the restoration of FAA to independent People's Republic of China to back off. However, the legislative language submitted to agency status. Yet I cannot vote against the Taiwan resolu- Congress, coupled with the information I am I think it is vital the Congress, the aviation tion, because like most of the Congress I, too, sharing with this House today, tells another community and the traveling public, which will am disturbed at the aggressive behavior fla- story. ultimately pay these new taxes, have the op- grantly exhibited by the People's Republic of The legislative language submitted to Con- portunity to see the fine print whenever this China. It is not a normal reaction to the first gress does not actually limit the amount col- administration proposes new aviation taxes. Presidential election going on in Taiwan. In lected in aviation taxes, it merely limits the You can be sure this misguided tax proposal fact, it assured the overwhelming election of amount available for obligation in fiscal year will face serious congressional scrutiny, par- President Lee. It probably is more related to 1997 to $150 million. As we see in the at- ticularly from the House Transportation Appro- the power struggle going on in the People's tached aviation tax schedule entitled, ``Illus- priations Subcommittee. Republic of China over who is to succeed trative User Fees and Aviation Regulation and ILLUSTRATIVE USER FEES FOR AVIATION Deng Xiao-Ping. We know that the various Certification,'' the administration clearly has REGULATION AND CERTIFICATION factions are positioning themselves to succeed bigger things in mind. This aviation tax plan Presently the FAA charges fees for foreign him. A statement that the United States is a could raise as much as $345 million in fiscal repair stations and fees to recover the costs friend of Taiwan was probably important to re- year 1997. Who knows what designs the ad- of the Civil Aviation Registry for processing iterate. However, to go further and threaten ministration would have on the almost $200 and issuing aircraft registration certificates, the use of our military I believe was going too million in unobligated new tax funds the FAA dealers’ aircraft certificates, and special reg- far. could collect in fiscal year 1997. istration numbers. Registry fees are nomi- Further, I believe that the President of the At this point let me briefly highlight a few of nal, for example, registering an aircraft is a one-time fee of $5 and there is no charge for United States is in charge of the foreign policy Secretary Pena's proposed new aviation airmen certification. Proposed new fees and of the United States and is also the Com- taxes. increases in existing fees which were author- mander in Chief of our military forces. Presi- At least $122 million could come from the ized by the Drug Enforcement Assistance dent Clinton had already ordered our ships to airlines in the form of aircraft registration fees, Act of 1988 and which will take effect in 1997 the Straits of Taiwan to observe the tactical air operator certificate fees and manufacturers still will not recover indirect overhead costs, exercises to make sure that it did not invade certification fees. An additional $57 million nor will they compensate for FAA’s costs to Taiwan's territorial integrity. could come from general aviation in the form actually certify and license aircraft, airmen, For these reasons I decided to vote of new license and medical certification fees. air operations, or air agencies. A list of the ``present'' to respect the President's appro- I am sure other parts of the aviation commu- types of Registry fees, how much is now charged and how much will be charged begin- priate exercise of authority over this episode. nity will be interested to see what the adminis- ning in 1997, is shown in Exhibit No. 1, ‘‘Civil My vote of ``present'' was cast to indicate that tration believes should be their share of the Aviation Registry’’ on the next page. I had confidence in the President to serve the new aviation taxes. The User Fee Task Group studies a number interests of all Americans in this matter at this Mr. Speaker, this proposal is even worse of possible certification and licensing fees, time. than the original McCain-Pena proposal, S. which are listed below. A brief description of In the future if it ever becomes necessary to 1239, because under this new administration each fee is provided in Appendix No. 2, ‘‘Syn- consider a resolution of war against the Peo- proposal Congress would not have the oppor- opsis of Illustrative User Fees—Certifi- ple's Republic of China I want to be free to tunity to review any new aviation taxes before cation, Regulation, and Licensing.’’ More de- determine at that time whether or not to sup- they were implemented. I hope Members of tailed narratives on each fee are available. port such a step. the other body who have supported S. 1239 [In millions of dollars] I believe that those who voted for this reso- will take a long, hard look at the administra- Projected annual lution could be said to have already made tion's proposed aviation tax structure, because Illustrative fee: revenue their decision to go to war. this is the future of aviation. This is what the Aircraft Certification: Designee I want to reserve that decision to a later administration would propose if Congress Appointments and Renewals . 6.0 time and hope that that time will never come. were to ever approve the McCain-Pena bill. Aircraft Certification: Design Certification, Production Ap- f This administration's creation of a phony proval, and Airworthiness aviation funding crisis demonstrates that it Certification ...... 10.0 AVIATION TAX SCHEDULE does not believe itself capable of, nor is it Aircraft Registration Fee ...... 250.0 even willing to attempt, to live within the con- Airmen Certification/Registra- HON. JIM LIGHTFOOT fines of a balanced Federal budget. tion (including Medical Cer- tification) ...... 56.5 OF IOWA We see today what the administration Certification of Air Operators IN THE HOUSE OF REPRESENTATIVES passes off as its vision of the future of avia- tion; not a modern, leaner, more efficient and Air Agencies ...... 11.6 Tuesday, March 26, 1996 FAAÐbut new taxes to paper over the prob- Civil Aviation Registry ...... 11.0 Mr. LIGHTFOOT. Mr. Speaker, the adminis- lems of an old, inefficient organizationÐin Total Projected Annual tration has proposed as part of its fiscal year other wordsÐbusiness as usual. Revenue ...... 345.1 1997 budget request that Congress give the It's interesting to note, Mr. Speaker, the ad- AIRCRAFT CERTIFICATION; DESIGNEE Federal Aviation Administration [FAA] the un- ministration continues to resist FAA reform. APPOINTMENTS AND RENEWALS limited authority to establish and raise new Two weeks ago the House passed the Dun- aviation taxes. Under the administration pro- can-Lightfoot FAA reform legislation. The Sec- The FAA interviews and reviews the cre- dentials and training of individuals who seek posal, the FAA could establish and implement retary of Transportation threatens a presi- appointments as engineering, airworthiness, those new taxes not later than 60 days after dential veto of our FAA reform legislation. In or inspection representatives. These individ- enactment. Following my statement is the fact, earlier this year the Appropriations Com- uals benefit economically as designees of the aviation tax schedule developed by FAA in mittee had to direct the FAA to develop and FAA. Therefore, a $1,000 fee for initial ap- support of its budget request. Space limita- implement a plan to reform its personnel and pointments and annual renewals would not tions prevent us from adding the complete procurement procedures. seem unreasonable and would probably add document into the RECORD today. However, Mr. Speaker, this plan for new aviation an element of efficiency, as those designees the full FAA document is readily available from taxes goes to the heart of what the General who conduct certifications infrequently would opt not to be appointed, thereby re- my office. Accounting Office has reported to us about the ducing FAA’s workload. Conversely, caution This new aviation tax schedule is clearly a FAA. There is an organizational culture prob- should be exercised to not charge too high a case of the ``devil is in the details.'' The ad- lem at FAA that I believe can only be fixed fee, as this might decrease the number of ministration, in its publication ``FAA fiscal year with continued congressional insistence on designees and also increase the FAA’s work- 1997 Budget in Brief,'' attempts to portray personnel reform, procurement reform and, of load. March 26, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E455 EXHIBIT NO. 1.—CIVIL AVIATION REGISTRY IMPACT OF FULL COST RECOVERY [In thousands of dollars]

Estimated Estimated Required Current fee annual col- Proposed annual col- cost recov- Estimated annual col- lection fee lection ery fee lection

Aircraft Registration Certificate (Non-Transport)1 ...... 5.00 210.0 32.00 1,344.0 45.03 1,891.4 Aircraft Registration Certificate (Transport)1 ...... 5.00 11.0 17.00 37.4 45.03 99.1 Aircraft Reregistration Certificate 2 ...... 0 0 17.00 408.0 45.03 1,080.8 Airmen Certificate—New/Additional Ratings ...... 0 0 14.00 2,240.0 18.21 2,913.8 Dealer’s Aircraft Certificate—Original 3 ...... 10.00 13.0 22.00 28.6 27.90 36.3 Dealer’s Aircraft Certificate—Additional ...... 2.00 6.4 7.00 22.4 27.90 89.3 Duplicate Aircraft Registration ...... 2.00 6.0 7.00 21.0 44.89 134.7 Duplicate Airmen Certificate ...... 2.00 90.0 7.00 315.0 23.85 1,073.4 Pilot Certificate—Reissued/Renewal 4 ...... 0 0 14.00 980.0 23.85 1,669.8 Record Security Aircraft Parts Locations Engines & Props 5 ...... 5.00 129.0 17.00 436.6 26.90 694.0 Record Security Interest 5 ...... 5.00 150.0 17.00 510.0 26.90 807.0 Renewed Special Registration Number ...... 10.00 40.0 28.00 112.0 34.68 138.7 Special Registration Number ...... 10.00 100.0 30.00 300.0 37.16 371.6

Total ...... 755.4 ...... 6,757.0 ...... 11,000.0

Requiring Operating Funds, $11.0M. 1 This is the cost for the original aircraft registration. 2 This is the cost for the renewal of aircraft registration which must occur every TEN years. 3 These are currently renewed on an annual basis and will continue to be done that way. 4 This will be for the ID portion of pilots certificates which will need to be renewed every TEN years. 5 The collections for these fees currently goes to the General Fund, not the Registry.

FAA designates about 6,000 medical doc- fications/requirements, for example, that pi- expended in granting a certificate. Fees tors, Airmen Medical Examiners (AME’s), to lots have flown a minimum number of hours. could be charged to cover the cost of the ini- perform medical examinations to certify the FAA assesses charges for certifying foreign tial certification and annual renewals. Air health of airmen. Typically, exams cost airmen, but does not now assess a fee for do- operators include large airlines, commuter about $50–$75, and on average, AMEs conduct mestic certifications. Fees could be estab- and small charter airlines, foreign airlines, 50–100 exams a year. Few AMEs make a liv- lished, comparable to those charged for for- external load operators, and agricultural op- ing from these exams and few would find it eign certifications, ranging from $250 to $400. erators. Air agencies include repair stations, worthwhile to continue their designations if Once certified, airmen could be charged an pilot training schools, and maintenance a fee were to be charged. Although not yet annual registration fee, like an individual’s schools. instituted, AMEs are to be charged $200 to automotive driver’s license. Annual fees An initial certification charge would be a attend FAA mandated training. might be the following: flat rate determined by a formula using his- AIRCRAFT CERTIFICATION: DESIGN CERTIFI- torical data. For example, to certify a large CATION, PRODUCTION APPROVALS, & AIR- $15 an- $20 an- $25 an- Airmen nual fee nual fee nual fee airline, FAA could charge $202,000, which is WORTHINESS CERTIFICATION based on an average of 2000 inspector hours FAA engineers conduct extensive analyses, Student Pilots ...... X ...... at a rate of $101 per hour. Annual renewal Private Pilots ...... X ...... inspections, and ground or flight tests to cer- Mechanics ...... X ...... fees could be a rate based on the complexity tify that an aircraft, engine, propeller, or Flight Navigators ...... X ...... of the review. aircraft part complies with design standards. Parachute Riggers ...... X ...... Dispatchers ...... X ...... INTERNATIONAL COMPARISONS FAA also approves manufacturers’ request to Commercial Pilots ...... X ...... produce and sell aircraft replacement parts. Flight Engineers ...... X ...... User fees for certification and regulation Fees could be charged for the initial certifi- Flight/Ground Instructors ...... X ...... are not without precedence. A review of fees cations and for periodic renewals. While $10 Airline Transport Pilots ...... X charged by Australia, United Kingdom, Can- million in annual revenue is projected for ada, and Japan, showed that all four coun- this user fee, much work needs to be done to A user fee is proposed to charge pilots to tries charged fees for an air operator certifi- fine tune this forecast, and to determine recover the costs to administer the Medical cate, pilots’ and other airmen’s licensing, what types, and the amounts, of fees that Certification and Airmen Medical Examiners and certificates of airworthiness. See exhibit could be charged. Programs. To do so, the following fees might No. 2, ‘‘Certification and Regulation Fees— be assessed: AIRCRAFT REGISTRATION FEE International Comparisons.’’ Fee schedules for each country can be provided. Generally, Presently, registering an aircraft is a one- No of Possible Projected Canada’s certification and regulation fees, time charge of $5. Under current legislation Certificate certifi- fee revenue cates 1 this will increase to an initial registration like the United States’ at this time, are nominal, and do not capture the costs of pro- fee of $17 for commercial airlines and some 1st Class Medical Certificate (commer- business jets, and $32 for all other aircraft. cial pilots; examined every six viding the services. About 20%–30% of Can- Every ten years there will be a renewal reg- months) ...... 170,000 $30 $5,100,000 ada’s regulatory function is funded by user 2nd Class Medical Certificate (annual fees, and 70%–80% is subsidized by general istration fee of $17. The proposed illustrative examination) ...... 115,000 25 2,875,000 aircraft fee, comparable to an automobile 3rd Class Medical Certificate (private taxpayers. registration fee, could convert this fee to an pilots examined every two years) ..... 170,000 15 2,550,000 In almost all instances, instituting the il- annual fee with an option to pay several Total ...... 455,000 ...... 10,525,000 lustrative certification and regulation fees years in advance, and possible levels of would require new or revised authorizing leg- 1 The number of certificates will decrease in the future when recreational charges could be the following: pilots are not required to take a medical examination, but are able to self- islation and an accelerated rulemaking proc- certify that they are medically qualified to fly. ess. S. 1239, ‘‘Air Traffic Management Sys- Annual tem Performance Act of 1995,’’ a bill submit- Illus- To simplify the administrative processing Type of aircraft Number trative revenue ted by the Senate Committee on Commerce, in fleet 1 (thou- and to make it easier for airmen to pay, fees Science, and Transportation’s Subcommittee sands) rather than charge a separate medical cer- on Aviation, would allow the establishment tification fee and a separate airmen registra- Single Engine Pistons ...... 123,600 $100 $12,360 of fees for safety, certification, security, Multi-engine Pistons ...... 15,800 1,000 15,800 tion fee, these charges should be combined training, inspection, and other activities. In Turboprops ...... 4,900 9,000 44,100 into a single fee. Turbojets ...... 4,400 18,000 79,200 addition, the bill mandates that the fees go Piston Helicopters ...... 1,500 500 750 CERTIFICATION OF AIR OPERATORS AND AIR into effect 45 days after submission to Con- Turbine Helicopters ...... 3,200 1,500 4,800 Subtotal ...... 153,400 ...... 157,010 AGENCIES gress. This is important since historically Large Jet Aircraft ...... 4,725 20,000 94,500 Individuals and companies who wish to our experience has shown that it takes an Total ...... 158,125 ...... 251,510 provide aviation services to the public must average 2.4 years to go through the usual be certified by FAA that they meet certain rulemaking process. 1 Based on 1997 forecast. requirements. These are mandated by law In an environment where users would be Note: It is important to bear in mind that these fees would be instituted and include requirements relating to air- in lieu of, not in addition to, the existing aviation taxes. charged for services, fees for certification plane performance, airworthiness, training and licensing make sense, despite vehement AIRMEN CERTIFICATION REGISTRATION AND programs, operating manuals, and crew opposition by those who would be charged. AIRMEN MEDICAL CERTIFICATION member qualifications. Except for the cer- For a number of reasons, however, collection FAA certifies that airmen (e.g., flight engi- tification of foreign repair stations, FAA of these fees, while not impossible, would neers, pilots, mechanics) meet certain quali- does not charge for the time and resources probably be difficult in FY 1996. E456 CONGRESSIONAL RECORD — Extensions of Remarks March 26, 1996 EXHIBIT NO. 2—CERTIFICATION AND REGULATION FEES INTERNATIONAL COMPARISONS

United King- User Fee Australia Canada 2 Japan United States dom 1

Air Operators Certificate ...... Yes Yes Yes Yes No. Pilot License ...... Yes Yes Yes Yes 1997. Licensing for Airmen Other Than Pilots ...... Yes Yes Yes Yes 1997. Airmen Medical Certification ...... Yes Yes Yes No. Other Designees (airworthiness representatives, manufacturing inspection representatives) ...... Yes ...... No ...... No. Certificate of Airworthiness ...... Yes Yes Yes Yes No. Certificate of Airworthiness Renewal ...... Yes Yes No Yes No. Noise Type ...... Yes No Yes No. Noise Type Renewal ...... No Yes No. Type Certificate ...... Yes Yes Yes Yes No. Aircraft Registration ...... Yes Yes Yes. Simulator Certificate (Annual and Renewal) ...... Yes No ...... No. 1 Other fees charged include: aircraft engine emissions; air traffic controllers’ license (Canada also charges this fee); flying exhibit fees where more than 500 people are likely to attend. 2 Generally these charges do not reflect costs of providing service. About 70–80% of Canada’s regulatory function is subsidized by general taxpayers, and 20–30% is funded by user fees. Note: Australian fees in effect on 7/90. Civil Aviation Authority (United Kingdom) fees in effect on 4/95 (rates are updated annually). Canadian fees effective as of 8/95. Japan’s user fees in effect on 10/95.

As shown in the very first chart, the total I believe that some firarms can be regulated H.R. 2202, IMMIGRATION REFORM projected revenue from certification, regula- by Congress without violating our second tion, and licensing user fees is $345.1 million. This compares with the allocated cost 1 for amendment rights. Just as a person cannot HON. MAXINE WATERS Aviation Regulation & Certification of $658.6 abuse his free speech rights by yelling fire in OF CALIFORNIA million, resulting in a shortfall of $313.5 mil- a crowded theater, there are reasonable limits IN THE HOUSE OF REPRESENTATIVES lion. (See Appendix No. 2, ‘‘Comparison of that Congress may need to place on certain Tuesday, March 26, 1996 Costs and Revenues by Activity.’’) While the firearms. The issues are what firearms Con- precise amount of the deficit can be ad- Ms. WATERS. Mr. Speaker, I was unable to justed, e.g., adjust aircraft registration fee, gress regulates and how the regulation is con- be present for the floor debate on immigration reexamine aircraft certification revenue pro- ducted. reform due to business in my district. How- jection, or institute additional fees, the bot- Today, we confront that issue as the House ever, I would like to submit my views on H.R. tom line is that there is a sizable deficit be- 2202 for the RECORD. tween revenue from user fees and the costs of of Representatives again considers the assault providing certification and regulation serv- weapons ban. Once again, both supporters As a Californian, I am well aware of many ices. and opponents have made their views known of the problems and economic strains associ- ated with illegal immigration. However, we f with emotional fervor. Both sides approach must not deter people, many who come here CONGRESS MUST ACT CAREFULLY this debate with important and valid concerns. seeking freedom and opportunity, and many WHEN REGULATING SECOND To many, the issue is the basic guaranty to who have become productive citizens, from le- AMENDMENT RIGHTS bear arms provided in the second amendment gally entering the United States. Many legal to the Constitution. To others, the issue is a immigrants come to this country with a desire HON. STEVE GUNDERSON question of how to protect against mass to work. Our challenge is to manage that flow OF WISCONSIN killings all over the country, in both urban and rationally. IN THE HOUSE OF REPRESENTATIVES rural areas. H.R. 2202 is an extreme measure that not only attempts to stop illegals from crossing our When the House considered the assault ban Tuesday, March 26, 1996 bordersÐoften in unworkable and repressive Mr. GUNDERSON. Mr. Speaker, the debate in 1994, I noted that the real issue was not waysÐbut also limits many of our family mem- about guns is as old as these United States of whether Congress could ban a short, des- bers such as sisters, brothers, parents, and America. The American Revolution was about ignated list of firearms. Rather, the issue was adult children from joining us in America. This tyranny of the few over the many; and the whether, in addition to a short list, the people bill actually punishes legal residents and citi- power to control the masses included the abil- wanted to entrust the Federal bureaucracy zens by unreasonably restricting family reunifi- ity to control firearms. As a result, our Found- with the power to decide which firearms were cation visas. It denies adult children and sib- ing Fathers believed it essential to guarantee copies or duplicates of the firearms banned in lings of citizens and legal residentsÐmany the right to bear arms as a way to prevent his- the law or that met the additional banned fire- who have waited years to enter the United tory from repeating itself. arm criteria. Supporters claimed that language StatesÐthe chance to reunite with their fami- Throughout the ensuing 220 years, the sec- prohibiting copies or duplicates is necessary to lies in America. This change in law would un- ond amendment has served us wellÐfor food, fairly punish families that depend on their be effective and that the additional banned for defense, and for sport. Guns were nec- loved ones, not the Government, for support. essary to secure food and for protection as modifications are narrowly tailored. Opponents This bill also imposes annual refugee caps, families settled our country during the early disagreed, noting that the effect would likely limiting the number of eligible refugee applica- years of the country. Gun skills were vital to be to ban dozens of weapons. By a narrow tions to 50,000 per yearÐthat's almost half of life then, remained important through two vote of 216 to 214, the House decided that the the current number. These people may be ter- World Wars, and are still important today, es- Bureau of Alcohol, Tobacco and Firearms rorized by their government, and have no pecially to those outdoors enthusiasts in Wis- [BATF] should have that power. other recourse than to flee their nation. Under consin. There are many gun clubs in western In my opinion, the existing assault weapons this legislation, refugees could be turned away Wisconsin, where young and old alike practice if the immigration quota of 50,000 for that year law leaves excessive discretion to the Bureau against targets and clay pigeons. Our hunters has been filled. This is a disgrace for a nation enjoy the sport and challenge of trying to bag of Alcohol, Tobacco and Firearms to deter- with a solid tradition of immigration, and a his- a buck or a bird. We must ensure that their mine when modified firearms should be tory of being a refuge for those who flee terror enjoyment can continue. banned. I believe then, as I believe now, that and deprivation. Yet everyone should recognize that the sec- providing such wide latitude is wrong and that I am disillusioned that some of my col- ond amendment right to bear arms is not ab- Congress must be more specific if it is to act leagues seek to make this bad bill worse by solute. Congress has the ability to regulate the at all. amending it to deny children an education, use of firearms where necessary. For exam- simply because they happen to be born to un- As a result, I will vote to repeal the assault ple, over 60 years ago, Congress prohibited documented parents. Such a move would only weapons ban. I sincerely believe that Con- automatic weaponsÐmachine gunsÐbecause further hurt an already disadvantaged child. It allowing the sale of these weapons was con- gress must act very carefully when curtailing is absolutely cruel to punish innocent children trary to the public interest. Today, we need to constitutionally protected rights, and it must for their parents' decisions. confront another growing problemÐincidences fully disclose the effects of the legislation it This provision would also take a financial of random gun violence by individuals and ex- passes to regulate those rights. The House toll. In Los Angeles County aloneÐmy home, cessive drug-induced violence. This violence did neither when it passed the assault weap- and the home to nearly 30 percent of Califor- often pits our law enforcement personnel ons ban in 1994. nia's public school population of almost 1.5 against criminals with greater firepower. millionÐthe administrative costs for verification March 26, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E457 could total as much as $97 million over a 7- TRIBUTE TO GIRL SCOUT GOLD Mr. Speaker, Charles C. Williams has year period, at $37 per student plus startup AWARD RECIPIENT worked selflessly to make his community a costs. It makes more sense to educate our better place in which to live. I know that his re- children, rather than waste our resources veri- HON. DAVID R. OBEY tirement dinner is not meant to celebrate his fying their citizenship, while risking discriminat- OF WISCONSIN departure from the Department of Social Serv- ing against our own citizens in the process. IN THE HOUSE OF REPRESENTATIVES ices, rather, the dinner is meant to show him Other provisions, such as those which Tuesday, March 26, 1996 the deep and abiding love and respect his col- would force public hospitals to identify illegals leagues, his family, his friends, and his com- Mr. OBEY. Mr. Speaker, today, I would like munity have for him. I ask you and my fellow before being reimbursed, are equally immoral. to salute an outstanding young woman, Eliza- This could threaten public health and possibly Members of the 104th Congress to join me in beth Fox, who has been honored with the Girl paying tribute to such a dedicated public serv- increase harassment and discrimination in our Scouts of the U.S.A. Gold Award by the Indian hospitals. ant, Mr. Charles C. Williams. Waters Girl Scout Council in Eau Claire, WI. f It is my hope that we may vote to divide this She is being honored for earning the high- bill into two parts, one which deals with legal est achievement award in Girl Scouting. The H.R. 2202—THE IMMIGRATION IN immigration and the other with illegal immigra- Girl Scout Gold Award symbolizes outstanding THE NATIONAL INTEREST ACT tion. I support securing our borders with more accomplishments in the areas of leadership, agents, better equipment, and sturdy barriers. community service, career planning, and per- HON. PATRICK J. KENNEDY I applaud the deportation of criminals and in- sonal development. OF RHODE ISLAND creased penalties for people who fraudulently Girl Scouts of the U.S.A., an organization IN THE HOUSE OF REPRESENTATIVES reproduce U.S. documents. However, I do not serving over 2.6 million girls, has awarded back the provision to enhance the power of more than 20,000 Girl Scout Gold Awards to Tuesday, March 26, 1996 Federal law enforcement, including increasing senior Girl Scouts since the inception of the Mr. KENNEDY of Rhode Island. Mr. Speak- wiretap authority. This is a complex bill with program in 1980. To receive the award, a Girl er, I believe H.R. 2202 creates an aura of fear more weaknesses than strengths, at this point. Scout must fulfill five requirements: earn four and suspicion within our communities. Instead Splitting the bill could allow us to focus on the interest project patches, earn the Career Ex- of addressing the real problemÐthe loss of real problem, which is stopping illegal, not ploration pin, earn the Senior Girl Scout Lead- our jobs to illegal immigrants, it unfairly pun- legal, immigration. ership Award project, earn the Senior Girl ishes children and college students seeking an Let us decrease the flow of illegal immi- Scout Challenge, and design and implement a education. My district in Rhode Island is com- grants to our Nation, while proceeding to ad- Girl Scout Gold Award project. A plan for ful- prised of American citizens and legal residents vance legal immigration. Our country contin- filling the requirements of the award is created of a multitude of races and nationalities. Be- ues to obtain its ultimate strength from diver- by the senior Girl Scout and is carried out cause of that, I voted against final passage of sity. Our tradition as a nation of immigrants through close cooperation between the girl the bill. obligates us to find a fair and just way to han- and an adult Girl Scout volunteer. I wholeheartedly support H.R. 2202's initia- dle that responsibility. For the Girl Scout Gold Award project, Eliz- tives to end illegal immigration by increasing abeth organized a stuffed animal drive in her the number of border control agents, building Specifically, on the amendments, had I been community and donated the toys to local time- additional roads and barriers and cracking present, I would have voted as follows: out shelters. For her project, Elizabeth as- down on employers who hire illegal aliens. Amendment No. 3, offered by Representa- sessed the needs of her community, devel- This mean spirited bill however, heightens the tive BEILENSONÐ``yes''; oped a plan to address one specific area in fear, hysteria, and anti-immigrant fervor that is Amendment No. 4, offered by Representa- need, and followed through with the project to running rampant across this country. For this tive MCCOLLUMÐ``yes''; completion. The organizational and commu- reason, I could not in good conscience sup- nications skills she developed through the Amendment No. 7, offered by Representa- port this legislation. project will benefit her throughout her life, and tive BRYANT (TN)Ð``no''; My district in Rhode Island is enriched by Elizabeth's dedication to Eau Claire will benefit the many people who have brought their cul- Amendment No. 9, offered by Representa- the community for a long time to come. tures and traditions to this great Nation to tive VELAÂZQUEZÐ``yes''; The earning of the Girl Scout Gold Award is build a life for themselves and for future gen- Amendment No. 10, offered by Representa- a major accomplishment for Elizabeth Fox, erations. I am proud of these hardworking tive GALLEGLYÐ``no''; and I believe she should receive the public Americans, who each day go to work, pay Amendment No. 12, offered by Representa- recognition due her for this significant service taxes, and contribute to creating a stronger tive CHABOTÐ``no''; to her community and her country. United States and Rhode Island. f Amendment No. 16, offered by Representa- Rhode Island boasts a myriad of ethnic tive CANADYÐ``no''; HONORING CHARLES C. WILLIAMS groups who take pride in these cultures and traditions. This allows future generations of Amendment No. 18, offered by Representa- Rhode Islanders to celebrate the lives of their tive DREIERÐ``no''; HON. DALE E. KILDEE forebearers while providing the greater com- OF MICHIGAN Amendment No. 19, offered by Representa- munity the opportunity to share, learn, and re- IN THE HOUSE OF REPRESENTATIVES tive CHRYSLERÐ``yes''; spect the value of difference. This fellowship is Amendment No. 22, offered by Representa- Tuesday, March 26, 1996 part of the solution to ending the ignorance tive POMBOÐ``no''; Mr. KILDEE. Mr. Speaker, it is my pleasure and fear of the unknown. Whether it be the Amendment No. 24, offered by Representa- to rise before my colleagues in the U.S. Portuguese fiestas in Bristol, the Greek fes- tivals in Pawtucket, the Hispanic celebrations tive GOODLATTEÐ``no''; House of Representatives to recognize Mr. Charles C. Williams. Mr. Williams is retiring in Central Falls, the French-Canadian tradi- Amendment No. 28, offered by Representa- after many years of dedicated public service. tions in Woonsocket, the Italian feasts in North tive BURRÐ``no''; A retirement dinner in his honor is to be held Providence, or the Irish parades in Newport, Bryant motion to recommitÐ``yes''. on March 29, 1996 in Flushing, MI. Rhode Islanders value and cherish their ethnic Final passageÐ``no''. Throughout his 40-year career, Mr. Williams roots. H.R. 2202 contributes to the slow but worked diligently to improve the lives of those sure demise of these cultural values. In addition, on Thursday, I would have voted who were less fortunate, and who were most I find it unconscionable that Congress would ``no'' on rollcall vote 80, ``no'' on rollcall vote in need. Mr. Williams proved to be a tireless approve legislation allowing school administra- 81, ``yes'' on rollcall vote 82, and ``no'' on roll- advocate for children and played a vital role in tors the right to demand proof of citizenship call vote 83. helping to develop and advance programs before allowing a child to receive an edu- And, on the motion to go to conference on dedicated to the preservation of one of the cation. It is a travesty that in an effort to curb the omnibus continuing appropriations bill, I most important resources, the family. His work illegal immigration, the authors of this bill have would have voted ``yes''. on behalf of his community has earned him chosen to scapegoat children. Have we be- Finally, on Friday, I would have voted ``no'' the respect of not only his colleagues, but also come so desperate that we must resort to on both the rule and final passage of H.R. the countless people whose lives were these drastic measures? Creating an Orwell- 125, to repeal the assault weapon ban. touched by him. ian society in which individuals must present a E458 CONGRESSIONAL RECORD — Extensions of Remarks March 26, 1996 card to verify their legality refutes everything [From Gannett News Service, Dec. 5, 1995] and the Alliance for Justice were simply fol- that is right and good about America. It is CONSERVATIVES ATTACK SLAUGHTER AS SHE lowing the ‘‘first rule of special-interest poli- blind and unfair. It fans the flames of preju- FILES COMPLAINT AGAINST MCINTOSH tics.’’ dice. Does anyone doubt who will be asked to (By John Machacek) ‘‘When your position on the merits of the issue is embarrassing, you launch an attack Rep. Louise Slaughter, D–NY., Tuesday present a card? All too easily administrators on your opponents,’’ he said. filed an ethics complaint against a Repub- will fall back on old prejudices for guidance. McIntosh’s aides told reporters in Octo- lican subcommittee chairman. But she faces Someone is not any less an American be- ber—after the House rejected Slaughter’s re- a counterattack from conservatives. quest to debate her complaint against him— cause of the color of their skin or because The complaint to the House Ethics Com- that he was not worried about Slaughter’s their last name is new to a neighborhood. mittee alleges Rep. David McIntosh, R–Ind., plans to take her case to the Ethics Commit- I view H.R. 2202 as nothing but a political used fabricated documents and made false tee. ploy orchestrated by the Republican Party to statements on the House floor during his drive to limit lobbying by federally funded After ‘‘informal contacts’’ between House once again appease their supporters, to retain Ethics Committee and McIntosh staffers, and build upon their majority. By forcing nonprofit groups. Consumer activist Ralph Nader has filed a similar complaint. McIntosh was told there ‘‘wouldn’t be Democrats to go along, or be criticized for not Slaughter said McIntosh’s actions were enough of a complaint’’ for the committee to doing the politically in thing, the Republican part of a ‘‘campaign of intimidation’’ aimed pursue, said Chris Jones, McIntosh’s press majority is once again playing games with ex- at silencing her and the Alliance for Justice, secretary. tremely important issues. I will not be a part of a civil rights and public interest lobbying The Ethics Committee staff makes rec- playing their games and trampling on the spirit group, which has vigorously opposed pro- ommendations to committee members. posed Republican budget cuts. Slaughter said in an interview Tuesday of ethnic pride in Rhode Island and the United that McIntosh’s ‘‘intimidation tactics’’ had States. ‘‘These actions . . . are way over the line,’’ Slaughter said. ‘‘It’s McCarthyism all over continued through this week. She said a again, and we have to stop it.’’ McIntosh aide told her staff McIntosh could f Meanwhile, Americans for Tax Reform, a file a counter-ethics complaint against her if conservative group pushing McIntosh’s legis- a complaint was filed against him. CONSERVATIVES ATTACK SLAUGH- lation, is calling Slaughter the ‘‘original ‘‘Louise Slaughter can’t have it both TER AS SHE FILES COMPLAINT tax-dollars-for-lobbyists welfare queen’’ in ways,’’ Jones said. ‘‘Her staff has been call- AGAINST MCINTOSH postcards mailed to some of her constitu- ing Indiana reporters since September trying ents. to stir up a story about an ethics complaint. The mailing says Slaughter received $61,000 If the Ethics Committee is to be used to HON. LOUISE McINTOSH SLAUGHTER in campaign contributions last year ‘‘from solve political disputes, then everyone will special-interest lobbies that receive federal be fair game.’’ OF NEW YORK funds, which is used to lobby for more McIntosh has apologized for the incident in IN THE HOUSE OF REPRESENTATIVES money.’’ which his staff used the Alliance for Jus- ‘‘We wanted to draw attention to Louise tice’s letterhead on a report that purported Tuesday, March 26, 1996 Slaughter as the best-paid lobbyist these to list the amount of federal grants received Ms. SLAUGHTER. Mr. Speaker, please in- special interests could buy,’’ says Audrey by the alliance’s members. He said the docu- ment should have contained a disclaimer. sert the following article as additional docu- Mullen, executive director of Americans for Tax Reform, a coalition of conservative ac- But he has recently told groups in Indiana mentation to my statement on March 22, tivists, taxpayer groups and businesses. that he stands by the figures 1996, regarding the need for the conduct of McIntosh, chairman of a House Govern- Slaughter and and Aron, Alliance for Jus- the Committee on Standards of Official Con- ment Reform subcommittee, brushed off the tice president, say some of the information duct to be beyond reproach. complaint, telling reporters that Slaughter in the document was inaccurate. Tuesday, March 26, 1996 Daily Digest Senate Dole Amendment No. 3654 (to Amendment No. Chamber Action 3653), in the nature of a substitute. Pages S2898±99 Routine Proceedings, pages S2841–S2906 Also, during consideration of this measure today, Measures Introduced: Four bills were introduced, the following occurred: as follows: S. 1642–1645. Pages S2859±60 A motion was entered to close further debate on Measures Reported: Kennedy Amendment No. 3573, listed above and, in Reported on Monday, March 25, 1996: accordance with the provisions of Rule XXII of the Special Report entitled ‘‘Revised Allocation to Standing Rules of the Senate, a vote on the cloture Subcommittees of Budget Totals from the Concur- motion will occur on Thursday, March 28, 1996. rent Resolution for fiscal year 1996’’ (S. Rept. No. Page S2898 104–243) Page S2801 Senate will continue consideration of the bill on Wednesday, March 27, 1996, with a vote on a mo- Administration of Presidio Properties: Senate tion to close further debate on the pending amend- continued consideration of H.R. 1296, to provide for ment to occur thereon. the administration of certain Presidio properties at minimal cost to the Federal taxpayer, agreeing to the Messages From the President: committee amendment in the nature of a substitute, Received on Monday, March 25, 1996: and taking action on the following amendments Report on the National Emergency with Respect thereto: Pages S2893±99 to Angola, to the Committee on Banking, Housing, Pending: and Urban Affairs. (PM–134) Page S2800±01 Murkowski Modified Amendment No. 3564, in Nominations Received: Senate received the follow- the nature of a substitute. Pages S2893±99 ing nominations: Dole Amendment No. 3571 (to Amendment No. 1 Marine Corps nomination in the rank of general. 3564), to provide for the exchange of certain land Pages S2899±S2906 and interests in land located in the Lost Creek area and other areas of the Deerlodge National Forest, Messages From the House: Page S2858 Montana. Pages S2894±95 Communications: Page S2858 Dole Amendment No. 3572 (to Amendment No. Petitions: Pages S2858±59 3571), in the nature of a substitute. Pages S2894±95 Kennedy Amendment No. 3573 (to Amendment Statements on Introduced Bills: Pages S2860±67 No. 3564), to provide for an increase in the mini- Additional Cosponsors: Page S2867 mum wage rate. Pages S2895±98 Amendments Submitted: Pages S2867±83 Kerry Amendment No. 3574 (to Amendment No. 3573), in the nature of a substitute. (By a unani- Authority for Committees: Page S2883 mous vote of 97 nays (Vote No. 52), Senate failed Additional Statements: Pages S2883±87 to table the amendment.) Pages S2895±98 Text of S. 1459 as Previously Passed: Dole motion to commit the bill to the Committee Pages S2887±93 on Finance with instructions. Page S2898 Dole Amendment No. 3653 (to the instructions of Record Votes: Two record votes were taken today. the motion to commit), to strike the instructions (Total—53) Pages S2898, S2899 and insert in lieu thereof ‘‘to report back by April Recess: Senate convened at 10 a.m. and, by 50 yeas 21, 1996 amendments to reform welfare and Medic- to 43 nays (Vote No. 53), agreed to recess at 6:31 aid effective one day after the effective date of the p.m., until 9:30 a.m., on Wednesday, March 27, bill. Page S2898 1996.

D265 D266 CONGRESSIONAL RECORD — DAILY DIGEST March 26, 1996 of Alan Greenspan, of New York, to be Chairman, Committee Meetings and Alice M. Rivlin, of Pennsylvania, and Laurence (Committees not listed did not meet) H. Meyer, of Missouri, both to be Members, all of the Board of Governors of the Federal Reserve Sys- APPROPRIATIONS—AGRICULTURE tem, after the nominees testified and answered ques- Committee on Appropriations: Subcommittee on Agri- tions in their own behalf. Testimony was also re- culture, Rural Development, and Related Agencies ceived from Ralph Nader, Washington, D.C. held hearings on proposed budget estimates for fiscal year 1997 for the Department of Agriculture, receiv- NASA BUDGET ing testimony from Daniel R. Glickman, Secretary, Committee on Commerce, Science, and Transportation: Sub- Richard E. Rominger, Deputy Secretary, Keith Col- committee on Science, Technology, and Space con- lins, Chief Economist, and Stephen B. Dewhurst, Di- cluded hearings on the National Aeronautics and rector, Office of Budget and Program Analysis, all of Space Administration budget request for fiscal year the Department of Agriculture. 1997 and on recent developments in the space sta- Subcommittee will meet again on Thursday, tion program, after receiving testimony from Daniel March 28. S. Goldin, Administrator, Malcolm Peterson, Comp- APPROPRIATIONS—ENERGY AND WATER troller, Franze Cordova, Chief Scientist, and Charles DEVELOPMENT Kennell, Associate Administration, all of the Na- Committee on Appropriations: Subcommittee on Energy tional Aeronautics and Space Administration; Marcia and Water Development held hearings on proposed Smith, Specialist in Aerospace and Telecommuni- budget estimates for fiscal year 1997 for energy and cations Policy, Congressional Research Service, Li- water development programs, receiving testimony on brary of Congress; Lori Garver, National Space Soci- behalf of funds for their respective activities from ety, Washington, D.C.; Nicholas L. Johnson, Kaman Patricia Beneke, Assistant Secretary for Land and Sciences Corporation, Colorado Springs, Colorado; Water, and Eluid Martinez, Commissioner, Bureau and Louis Friedman, Planetary Society, Pasadena, of Reclamation, both of the Department of the Inte- California. rior; H. Martin Lancaster, Assistant Secretary of the Army for Civil Works; and Lt. Gen. Arthur Wil- CHEMICAL WEAPONS TREATY liams, Chief, and Maj. Gen. Stanley G. Genega, Di- VERIFIABILITY rector of Civil Works, both of the U.S. Army Corps Committee on Foreign Relations: Committee met in of Engineers. closed session to receive a briefing on the verifi- Subcommittee recessed subject to call. ability of the Convention on Chemical Weapons ATOMIC ENERGY DEFENSE (Treaty Doc. 103–21) from John Lauder, Chief, Committee on Armed Services: Committee concluded Arms Control Intelligence Staff for the Director of hearings to examine Department of Energy atomic Central Intelligence; and Maj. Gen. John Landry, energy defense activities, after receiving testimony National Intelligence Officer for General Purpose from Thomas P. Grumbly, Assistant Secretary of En- Forces, National Intelligence Council. ergy for Environmental Management. Committee recessed subject to call. AUTHORIZATION—DEFENSE NOMINATIONS Committee on Armed Services: Subcommittee on Committee on Foreign Relations: Committee concluded Seapower resumed hearings on proposed legislation hearings on the nominations of Henry McKoy, of authorizing funds for fiscal year 1997 for the De- partment of Defense and the future years defense North Carolina, and Ernest G. Green, of the District program, focusing on the Department of the Navy of Columbia, each to be a Member of the Board of Marine Corps programs, receiving testimony from Directors of the African Development Foundation, John W. Douglass, Assistant Secretary of the Navy Lawrence Neal Benedict, of California, to be Ambas- for Research, Development and Acquisition; and sador to the Republic of Cape Verde, Harold Walter Gen. Charles C. Krulak, USMC, Commandant of the Geisel, of Illinois, to be Ambassador to the Republic Marine Corps. of Mauritius and to serve concurrently and without Subcommittee will meet again tomorrow. additional compensation as Ambassador to the Fed- eral and Islamic Republic of The Comoros, Aubrey NOMINATIONS Hooks, of Virginia, to be Ambassador to the Repub- Committee on Banking, Housing, and Urban Affairs: lic of the Congo, Robert Krueger, of Texas, to be Committee concluded hearings on the nominations Ambassador to the Republic of Botswana, and David March 26, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D267 H. Shinn, of Washington, to be Ambassador to Ethi- S. Street, Alaska Business Development Center, and opia, after the nominees testified and answered ques- Susan D. Anderson, Lower Yukon Economic Devel- tions in their own behalf. Mr. McKoy was intro- opment Council, both of Anchorage, Alaska. duced by Senator Helms. Hearings were recessed subject to call. IRS MODERNIZATION FUNDING OF SOCIAL PROGRAMS Committee on Governmental Affairs: Committee held Committee on Labor and Human Resources: Subcommit- hearings to examine the status of the modernization tee on Children and Families concluded hearings to of the Internal Revenue Service tax information sys- examine the capacity of American charitable organi- tem, receiving testimony from Gene L. Dodaro, As- zations to fill the gap in the funding of certain social sistant Comptroller General, Accounting and Infor- programs, after receiving testimony from Rev. Fred mation Management Division, General Accounting Kammer, Catholic Charities USA, Alexandria, Vir- Office; Margaret Milner Richardson, Commissioner ginia; John C. Goodman, National Center for Policy of Internal Revenue, Department of the Treasury; Analysis, Dallas, Texas; Rev. Lee Earl, National Cen- Robert P. Clagett, Chairman, and Al Irvine, Mem- ter for Neighborhood Enterprise, and Sara E. ber, both of the Committee on Continued Review of Melendez, Independent Sector, both of Washington, the Tax Systems Modernization of the Internal Reve- D.C.; and David Tuerck, Beacon Hill Institute/Suf- nue Service, National Research Council; and Stephen folk University, Boston, Massachusetts. h House of Representatives Senate Messages: Message received from the Senate Chamber Action today appears on page H2843. Bills Introduced: 7 public bills, H.R. 3159–3165; Amendments: Amendments ordered printed pursu- and 2 resolutions, H.J. Res. 168 and H. Con. Res. ant to the rule appear on pages H2867–74. 154 were introduced. Pages H2866±67 Quorum Calls—Votes: No quorum calls or votes Speaker Pro Tempore: Read a letter from the developed during the proceedings of the House Speaker wherein he designates Representative Upton today. to act as Speaker pro tempore for today. Page H2843 Adjournment: Met at 12:30 p.m. and adjourned at Recess: House recessed at 12:53 p.m. and recon- 4:43 p.m. vened at 2 p.m. Page H2845 Suspensions: House voted to suspend the rules and Committee Meetings pass the following measures: Special Olympics Torch Relay: H. Con. Res. 146, au- AGRICULTURE, RURAL DEVELOPMENT, thorizing the 1996 Special Olympics Torch Relay to FDA, AND RELATED AGENCIES APPROPRIATIONS be run through the Capitol Grounds; Pages H2847±48 Peace officers’ memorial: H. Con. Res. 147, authoriz- Committee on Appropriations: Subcommittee on Agri- ing the use of the Capitol Grounds for the 15th An- culture, Rural Development, Food and Drug Admin- nual National Peace Officers’ Memorial Service; istration, and Related Agencies held a hearing on Pages H2848±49 Food, Nutrition and Consumer Services. Testimony 35th anniversary of Peace Corps: H.J. Res. 158, to was heard from the following officials of the USDA: recognize the Peace Corps on the occasion of its 35th Ellen Haas, Under Secretary, Food, Nutrition Policy anniversary and the Americans who have served as and Consumer Services; Eileen Kennedy, Director, Peace Corps volunteers; and Pages H2849±51 Center for Nutrition Policy and Promotion; and Human rights in Cambodia: H. Res. 345, amended, William Ludwig, Administrator, Food and expressing concern about the deterioration of human Consumer Service. rights in Cambodia. Pages H2851±53 ENERGY AND WATER DEVELOPMENT Enrollment Requirement Waivers: House passed APPROPRIATIONS H.J. Res. 168, waiving certain enrollment require- Committee on Appropriations: Subcommittee on Energy ments with respect to two bills of the One Hundred and Water held a hearing on Department of Energy Fourth Congress. Page H2857 and Environmental Management and Nuclear Waste D268 CONGRESSIONAL RECORD — DAILY DIGEST March 26, 1996 Issues. Testimony was heard from the following offi- struction and the impact of export controls on national cials of the Department of Energy: Adm. Richard security, 10 a.m., SR–222. Guimond, USN, Principal Deputy Assistant Sec- Subcommittee on Seapower, to continue hearings on retary, Environmental Management; and Daniel A. proposed legislation authorizing funds for fiscal year 1997 Dreyfuss, Director, Office of Civilian Radioactive for the Department of Defense and the future years de- Waste Management. fense program, focusing on the Department of the Navy’s Submarine Development and Procurement programs, 1:30 INTERIOR APPROPRIATIONS p.m., SR–232A. Committee on Appropriations: Subcommittee on Interior Committee on Banking, Housing, and Urban Affairs, busi- ness meeting, to consider pending nominations, 10 a.m., held a hearing on the Bureau of Indian Affairs and SD–538. on the Indian Health Service. Testimony was heard Committee on Commerce, Science, and Transportation, to from Ada E. Deer, Assistant Secretary, Indian Af- hold hearings to examine Spectrum’s use and manage- fairs, Department of the Interior; and Michael H. ment, 9:30 a.m., SR–253. Trujillo, M.D., Assistant Surgeon General, Director, Committee on Energy and Natural Resources, to hold hear- Indian Health Service, Department of Health and ings on S. 1605, to amend the Energy Policy and Con- Human Services. servation Act to manage the Strategic Petroleum Reserve more effectively, and S. 186, to amend the Energy Policy TRANSPORTATION APPROPRIATIONS Act with respect to purchases from the Strategic Petro- Committee on Appropriations: Subcommittee on Trans- leum Reserve by entities in the insular areas of the Unit- portation held a hearing on Research and Special ed States, 9:30 a.m., SD–366. Programs Administration. Testimony was heard from Committee on Environment and Public Works, to hold hear- Dharmendia K. Sharma, Administrator, Research ings on proposals to improve prevention of, and response and Special Programs Administration, Department of to, oil spills in light of the recent North Cape spill, 9 Transportation. a.m., SD–406. Committee on Foreign Relations, business meeting, to con- HUMAN RIGHTS PRACTICES—COUNTRY sider pending treaties and nominations, 10 a.m., SD–419. REPORTS Committee on Governmental Affairs, Permanent Sub- Committee on International Relations: Subcommittee on committee on Investigations, to resume hearings to exam- ine global proliferation of weapons of mass destruction, International Operations and Human Rights held a 9:30 a.m., SD–342. hearing on Country Reports on Human Rights Prac- Committee on the Judiciary, to hold hearings on pending tices for 1995. Testimony was heard from John nominations, 2 p.m., SD–226. Shattuck, Assistant Secretary, Bureau of Democracy, Committee on Labor and Human Resources, business meet- Human Rights and Labor, Department of State; and ing, to mark up S. 1477, to amend the Federal Food, public witnesses. Drug, and Cosmetic Act and the Public Health Service Act to improve the regulation of food, drugs, devices, and OVERSIGHT biological products, S. 969, to require that health plans Committee on Appropriations: Subcommittee on Na- provide coverage for a minimum hospital stay for a moth- tional Parks, Forests and Lands held an oversight er and child following the birth of the child, and pro- hearing on Forest Service’s decisionmaking process. posed legislation authorizing funds for the Older Ameri- Testimony was heard from Barry Hill, Director, En- cans Act, 9 a.m., SD–106. ergy Resources and Science Issues, GAO; Jack Ward, Committee on Rules and Administration, to resume hear- Chief, Forest Service, USDA; and public witnesses. ings on proposals to amend the Federal Election Cam- paign Act of 1971 to provide for a voluntary system of f spending limits and partial public financing of Senate COMMITTEE MEETINGS FOR primary and general election campaigns, to limit con- WEDNESDAY, MARCH 27, 1996 tributions by multicandidate political committees, and to Senate reform the financing of Federal elections and Senate cam- paigns, 9:30 a.m., SR–301. (Committee meetings are open unless otherwise indicated) Committee on Veterans Affairs, to hold joint hearings Committee on Appropriations, Subcommittee on Defense, with the House Committee on Veterans’ Affairs to review to hold hearings on proposed budget estimates for fiscal the legislative recommendations of the Veterans of World year 1997 for the Department of Defense, focusing on War I, AMVETS, the American Ex-Prisoners of War, the Navy and Marine Corps programs, 10 a.m., SD–192. Vietnam Veterans of America, and the Military Order of Committee on Armed Services, Subcommittee on Acquisi- the Purple Heart, 9:30 a.m., 345 Cannon Building. tion and Technology, to resume hearings on proposed Select Committee on Intelligence, to resume hearings on the legislation authorizing funds for fiscal year 1997 for the future of United States intelligence, 9:30 a.m., SH–216. Department of Defense and the future years defense pro- Full Committee, to hold a closed briefing on intelligence gram, focusing on proliferation of weapons of mass de- matters, 2 p.m., SH–219. March 26, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D269 House Committee on Resources, Subcommittee on Fisheries, Wildlife and Oceans, oversight hearing on fiscal year Committee on Agriculture, Subcommittee on Resource Conservation, Research, and Forestry, hearing to review 1997 budget requests from Fish and Wildlife Service, the goals and priority setting mechanisms of federally National Marine Fisheries Service, and NOAA; and hear- supported agricultural research, education, and extension, ing on the following bills: H.R. 2909, Silvio O. Conte 9 a.m., 1300 Longworth. National Fish and Wildlife Refuge Eminent Domain Pre- Committee on Appropriations, Subcommittee on Agri- vention Act, and H.R. 2982, Carbon Hill National Fish culture, Rural Development, Food and Drug Administra- Hatchery Conveyance Act, 1 p.m., 1334 Longworth. tion, and Related Agencies, on Natural Resources and Committee on Rules, to consider the following: H.R. Environment, 10 a.m., and on Farm and Foreign Agricul- 3130, Health Coverage Availability and Affordability tural Service, 1 p.m., 2362A Rayburn. Act; H.R. 3070, Health Coverage Availability and Af- Subcommittee on Commerce, Justice, State, and Judici- fordability Act; H.R. 995, ERISA Targeted Health Insur- ary, on Attorney General, 2 p.m., 2237 Rayburn. ance Reform Act; H.R. 3136, Contract With America Subcommittee on Energy and Water Development, on Advancement Act; the Conference Report to accompany Secretary of the Interior and Commissioner of Reclama- H.R. 2854, Federal Agriculture Improvement and Re- tion, 10 a.m.; on NRC, 2 p.m.; and on Federal Energy form Act of 1996; and the Conference Report to accom- Regulatory Commission, 3 p.m., 2362B Rayburn. pany H.R. 956, Product Liability Reform, 1 p.m., Subcommittee on Foreign Operations, on Secretary of H–313 Capitol. State, 1:30 p.m., 2360 Rayburn. Committee on Small Business, Subcommittee on Govern- Subcommittee on National Security, on fiscal year ment Programs, hearing on H.R. 2715, Paperwork Elimi- 1997 Air Force Posture, 10 a.m., 2212 Rayburn and on nation Act of 1995, 2 p.m., 2359 Rayburn. Air Force Acquisition Programs, 1:30 p.m., H–140 Cap- Committee on Standards of Official Conduct, executive, to itol. consider pending business, 2 p.m., HT–2M Capitol. Subcommittee on Transportation, on Federal Transit Committee on Transportation and Infrastructure, Sub- Administration and on the Washington Metropolitan committee on Aviation, to hold a hearing on problems in Transit Authority, 2 p.m., 2358 Rayburn. the United States Aviation Relationship with the United Subcommittee on Treasury, Postal Service, and General Kingdom and Japan, 2 p.m., and to mark up a measure Government, on White House Operations, 1 p.m., and to reauthorize the National Transportation Safety Board, on U.S. Postal Service, 2 p.m., H–144 Capitol. 5 p.m., 2167 Rayburn. Subcommittee on Veterans’ Affairs, HUD and Inde- Subcommittee on Railroads and the Subcommittee on pendent Agencies, on Department of Housing and Urban Technology of the Committee on Science, joint hearing Development, 9 a.m., 2360 Rayburn. on Rail Safety Oversight: High Technology Train Control Committee on Banking and Financial Services, hearing on Devices, 2 p.m. 2318 Rayburn. Issues Related to Recent Developments in Electronic Ben- Committee on Ways and Means, to continue hearings on efits Transfer, 10 a.m., 2128 Rayburn. Replacing the Federal Income Tax, 10 a.m., 1100 Long- Committee on the Budget, hearing on Prospects for Eco- worth. nomic Growth, 10 a.m., 210 Cannon. Permanent Select Committee on Intelligence, executive, hear- Committee on Commerce, Subcommittee on Oversight and ing on Analysis/Exploitation, 2 p.m., H–405 Capitol. Investigations, hearing on the Department of Energy: Furloughs and Financial Management, 10 a.m., 2322 Joint Meetings Rayburn. Subcommittee on Telecommunications and Finance, Conferees, on H.R. 3019, making appropriations for fis- hearing on FCC Reform, 10 a.m., 2123 Rayburn. cal year 1996 to make a further downpayment toward a Committee on Government Reform and Oversight, Sub- balanced budget, 3 p.m., S–5, Capitol. committee on Government Management, Information, Conferees, on S. 641, to reauthorize the Ryan White and Technology, hearing on Federal Budget Process Re- CARE Act of 1990, 4 p.m., S–207, Capitol. form, 9:30 a.m., 2154 Rayburn. Conferees, on S. 735, to prevent and punish acts of ter- Committee on National Security, to continue hearings on rorism, 5 p.m., S–10, Capitol. the fiscal year 1997 national defense authorization, with Joint Hearing: Senate Committee on Veterans Affairs, to emphasis on the Department of Defense Joint Require- hold joint hearings with the House Committee on Veter- ments Oversight Council, 1 p.m., 2118 Rayburn. ans’ Affairs to review the legislative recommendations of Special Oversight Panel on Morale, Welfare, and the Veterans of World War I, AMVETS, the American Recreation, hearing on the fiscal year 1997 national de- Ex-Prisoners of War, the Vietnam Veterans of America, fense authorization, with emphasis on morale, welfare and and the Military Order of the Purple Heart, 9:30 a.m., recreation, 10 a.m., 2216 Rayburn. 345 Cannon Building. D270 CONGRESSIONAL RECORD — DAILY DIGEST March 26, 1996

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, March 27 2 p.m., Wednesday, March 27

Senate Chamber House Chamber Program for Wednesday: Senate will continue consider- Program for Wednesday: Votes postponed on the fol- ation of H.R. 1296, relating to the administration of cer- lowing Suspensions which were debated on Tuesday: tain Presidio properties, with a vote on a motion to close H. Res. 379, expressing the sense of the House con- further debate on Murkowski Modified Amendment No. cerning the anniversary of the massacre of Kurds by the 3564, in the nature of a substitute, to occur thereon. Iraqi government; and Senate may also consider the conference report on H.R. H. Con. Res. 102, concerning the emancipation of the 2854, Farm Bill, and the conference report on S. 4, Line- Iranian Baha’i community; and Item Veto. Consideration of Senate amendments to H.R. 1833, Partial Abortion Ban Act (rule providing for concurrence in Senate amendments).

Extensions of Remarks, as inserted in this issue

HOUSE Johnson, Nancy L., Conn., E449 Mink, Patsy T., Hawaii, E453 Kennedy, Joseph P., II, Mass., E451 Obey, David R., Wis., E457 Combest, Larry, Tex., E453 Kennedy, Patrick J., R.I., E457 Pallone, Frank, Jr., N.J., E451 Fazio, Vic, Calif., E452 Kildee, Dale E., Mich., E457 Slaughter, Louise M., N.Y., E458 Frazer, Victor O., The Virgin Islands, E453 Lightfoot, Jim, Iowa, E454 Stark, Fortney Pete, Calif., E449, E452 Gallegly, Elton, Calif., E453 Manton, Thomas J., N.Y., E452 Waters, Maxine, Calif., E456 Gilman, Benjamin A., N.Y., E451 Manzullo, Donald A., Ill., E450 Gunderson, Steve, Wis., E456 Meek, Carrie P., Fla., E450

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