Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 104 CONGRESS, FIRST SESSION

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

Vol. 141 WASHINGTON, FRIDAY, JUNE 16, 1995 No. 99 House of Representatives

The House met at 10 a.m. and was Mr. FALEOMAVAEGA led the Pledge We have begun yesterday and again called to order by the Speaker pro tem- of Allegiance as follows: today the process of rebuilding our na- pore [Mr. BURTON of Indiana]. I pledge allegiance to the Flag of the tional defenses. Because of our fiscal f United States of America, and to the Repub- crisis, it won’t be as much as some of lic for which it stands, one nation under God, us would like but it is a down payment. DESIGNATION OF THE SPEAKER indivisible, with liberty and justice for all. Remember, most defense goes to the PRO TEMPORE f men and women who protect us every The SPEAKER pro tempore laid be- day. That is what you will find in to- fore the House the following commu- MESSAGE FROM THE SENATE day’s military construction appropria- nication from the Speaker: A message from the Senate by Mr. tion bill. WASHINGTON, DC, Lundregan, one of its clerks, an- Mr. Speaker, history has proven to us June 16, 1995. nounced that the Senate had passed a that when we see the daylight of peace I hereby designate the Honorable DAN BUR- concurrent resolution of the following on the horizon, we tend to disarm and TON to act as Speaker pro tempore on this title, in which the concurrence of the bask in the sunshine. We need to re- day. House is requested: member that the darkness of war can NEWT GINGRICH, be only a few hours away. Speaker of the House of Representatives. S. Con. Res. 17. Concurrent resolution authorizing the use of the Capitol Grounds for f f the exhibition of the RAH–66 Comanche helicopter. DO NOT BALANCE THE BUDGET ON PRAYER THE BACKS OF OUR CHILDREN The Chaplain, Rev. James David f AND SENIOR CITIZENS Ford, D.D., offered the following pray- ANNOUNCEMENT BY THE SPEAKER (Mr. LEWIS of Georgia asked and was er: PRO TEMPORE given permission to address the House With hearts of gratitude and praise, The SPEAKER pro tempore. The for 1 minute and to revise and extend O gracious God, we offer our thanks for his remarks.) Your Word that points us in the right Chair will accept five 1-minutes from each side. Mr. LEWIS of Georgia. Mr. Speaker, way, that accompanies us in the valley we are all in agreement, Democrats of the shadow, that never abandons us f and Republicans; we must put the fi- though we forget or despise, that in- IN DEFENSE OF DEFENSE nancial affairs of our country back in spires and encourages us no matter order. Our huge national debt, the leg- what the concern, that forgives us and (Mr. HEFLEY asked and was given acy of the Reagan and Bush adminis- pardons us of all guilt, that reminds us permission to address the House for 1 trations, must be eliminated. that in all the moments of life we are minute.) The question, Mr. Speaker, is how to never alone, for Your Word of faith and Mr. HEFLEY. Mr. Speaker, I think it cut and what to cut. The Republicans hope and love is with us always. Amen. is fair to say that the defense budget in Congress want to cut school lunches f has not been a high priority for Mr. for our children, cut our student’s col- Clinton. I think it is important, how- lege loans and cut Medicare for our THE JOURNAL ever, for us to remember that the senior citizens. This is how the Repub- The SPEAKER pro tempore. The greatest portion of the defense dollars licans propose to balance the budget. Chair has examined the Journal of the that are spent are not spent on SDI nor Students will have to pay thousands last day’s proceedings and announces on the B–2 bomber. more to attend college and our parents to the House his approval thereof. We spend the biggest share of our de- and grandparents will have to spend an Pursuant to clause 1, rule I, the Jour- fense dollars on people, the young en- extra $1,000 per year for their health nal stands approved. listed personnel who catapult the F– care. f 14’s off carriers, control military sat- At the same time the Republicans ellites, man Patriot missile batteries, propose giving a tax break to the PLEDGE OF ALLEGIANCE and land on beaches from Normandy to wealthiest people in America, the super The SPEAKER pro tempore. Will the Somalia. These men and women who rich, the top 1 percent. This approach, gentleman from American Samoa [Mr. travel in harm’s way for our sake are is wrong, just plain wrong. FALEOMAVAEGA] come forward and lead the ones who are hurt by inadequate Mr. Speaker, when are the Repub- the House in the Pledge of Allegiance. defense spending. licans in this House going to realize

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

H 6047 H 6048 CONGRESSIONAL RECORD — HOUSE June 16, 1995 that the American people want to get Medicare part B has increased 5,400 per- This rule should improve child safety the financial affairs of this country in cent since the creation of the program. and make older Americans’ lives easi- order, but not on the backs of our chil- Medicare is in such bad shape that even er—what could be better? dren and senior citizens and not while members of the President’s own Cabi- f giving tax breaks to the richest people net admit that Medicare will be bank- in America. rupt in 7 years. FIXING A BROKEN MEDICARE SYSTEM f Mr. Speaker, buried deep in the philosophy of programs like Medicare is (Mr. HOKE asked and was given per- GET ON THE REFORM BANDWAGON the assumption that Government has mission to address the House for 1 (Mr. LAHOOD asked and was given all the answers. It does not. It is time minute.) permission to address the House for 1 for the American people, both Repub- Mr. HOKE. Mr. Speaker, it is part of minute.) licans and Democrats, to work to- American conventional wisdom that if Mr. LAHOOD. Mr. Speaker, in New gether to save Medicare. It is not too it ain’t broke, then don’t fix it, but Hampshire this past weekend, Presi- late to preserve and protect it before it Medicare is broke because it is going dent Clinton agreed with Speaker goes broke. broke. The Medicare board of trustees GINGRICH that Medicare is in trouble. f said in March in their 1995 annual re- In his own words, he said, ‘‘We cannot port on Medicare, that the program is WHERE’S THE BEEF? leave the system the way it is. There severely out of financial balance and is have to be some changes.’’ (Mr. TRAFICANT asked and was expected to be exhausted in 2001. Mr. Speaker, it is nice to see the given permission to address the House It is broke because it is going broke. President of the United States recog- for 1 minute and to revise and extend We have a responsibility to fix it. That nizes a problem that affects millions of his remarks.) is what this debate is all about. If you senior citizens in our country. How- Mr. TRAFICANT. Mr. Speaker, for look at the numbers that we are talk- ever, I can’t help thinking how nice it years Washington politicians have been ing about, the way that we fix it is in would be now to actually see Demo- asking, Where’s the beef? I can hon- terms of numbers. We increase the crats produce some solutions to these estly answer this morning, we found spending from $4,800 per recipient per problems. the beef. It is grazing on the beltway, year to $6,400 per recipient per year. In Unfortunately, the Democrats 12 errant bovines on the beltway, run- other words, we go from about $400 a around here have no ideas on how to fix ning around recklessly, grazing at will, month per person to about $550 a the current Medicare crisis. Instead, and some people say they are just rest- month per person. But the real chal- they stand up day after day to whine less, it is the breeding season. lenge is working out the details of how and moan and complain about Repub- I say, Mr. Speaker, they are looking that is done. lican actions on Medicare. for the budget. The President has one, I am confident that we can do that. I It would be nice to see the Democrats the House has one, the Senate has one. am confident that based on where the divert some of their energy into help- The truth is the American people know private sector has gone to squeeze out ing us develop solutions to preserve there is a lot of bovine flatulence down money in the medical system, that we and protect Medicare. Join the Presi- here, and the American people want to can do it. But what we need is the help dent, join the Republicans. Let’s pre- know where the cash cow really is. of the Democrats, we need the help of serve and protect a very good Medicare I say let’s develop a budget that cre- the President, we need the help of the system. Stop whining, stop complain- ates some jobs. Where’s the beef politi- public. We need our own people, and we ing, get on the reform bandwagon. cally? Sad to say, it is on the beltway. need to all work together to come up f with a solution that will in fact fix this f system. IMPROVING CHILD-PROOF REPORT ON RESOLUTION TO ES- f MEDICINE CAPS TABLISH A ‘‘CORRECTIONS CAL- IN SUPPORT OF THE PRESIDENT’S ENDAR IN THE HOUSE OF REP- (Mr. FRELINGHUYSEN asked and BUDGET RESENTATIVES was given permission to address the House for 1 minute.) (Mr. MORAN asked and was given Mr. SOLOMON, from the Committee Mr. FRELINGHUYSEN. Mr. Speaker, permission to address the House for 1 on Rules, submitted a privileged report yesterday was a rare example of how minute.) (Rept. No. 104–144) on the resolution (H. Government can work with industry— Mr. MORAN. Mr. Speaker, I rise in Res. 168) amending clause 4 of rule XIII instead of against them—on regula- support of the budget that our Presi- of the rules of the House to abolish the tions that will improve safety. I am re- dent introduced this week. It is a Consent Calendar and to establish in ferring to the decision by the thoughtful, fiscally responsible, and its place a Corrections Calendar, which Consumer Product Safety Commission compassionate approach to the most was referred to the House Calendar and on child-proof medicine caps. difficult challenge that faces this gov- ordered to be printed. New Jersey is home to 15 major phar- erning body. f maceutical companies with over 83 fa- The President has included those cilities statewide. The industry em- items that are least justifiable in MEDICARE ploys over 56,000 New Jerseyans and terms of the Federal role. It goes after (Mr. TIAHRT asked and was given contributes close to $10 billion to our the corporate tax subsidies, the most permission to address the House for 1 State’s economy. egregious ones. It follows up on the minute and to revise and extend his re- Child-proof caps have become so hard down payment we made on balancing marks.) to remove—especially for our elderly— the budget in 1993, the Omnibus Budget Mr. TIAHRT. Mr. Speaker, for the that adults leave the bottles open or and Reconciliation Act, by keeping the last 30 years or so, most of the laws switch the drugs to pill boxes, where spending caps on domestic discre- made by Congress assumed that Gov- kids can easily get into them. The re- tionary programs. ernment was more efficient and more sult was that more children were in- Most importantly, it reforms the wise than any other institution in the gesting dangerous substances. health care system. It has the insur- country. In February, during a VA–HUD ap- ance reforms that we have reached con- For instance, Medicare was imple- propriations hearing, I asked that the sensus on, that need to be made. It mented in the 1960’s and was designed commission work with industry to fix does not take money from the recipi- to provide health care, primarily to the this problem. Yesterday’s ruling does ents of our programs in the way that elderly, based on the idea that Govern- just that. most of the Medicare cuts that are in- ment could best distribute health care Mr. Speaker, I congratulate the com- cluded in the Republican budget do. resources. mission and industry for working to- But what it does is to go after the Since the creation, Medicare spend- gether. This is a win-win result and I providers, the providers that, in fact, ing has increased dramatically. In fact, am glad that I was able to play a part. have been taking most of the increase June 16, 1995 CONGRESSIONAL RECORD — HOUSE H 6049 in health care costs, the insurers, the Points of order against provisions in the bill tained in the House-passed budget reso- facilities, and even some of the physi- for failure to comply with clause 2 or 6 of lution shall apply for budget act en- cians. What we need is a reform that rule XXI are waived. During consideration of forcement purposes until final adop- affects everyone, where everyone con- the bill for amendment, the Chairman of the tion of a budget resolution. Under the Committee of the Whole may accord priority tributes a reasonable share to bal- in recognition on the basis of whether the rule, the chair may accord priority in ancing the budget, to achieving what Member offering an amendment has caused recognition to Members who have has got to be our Nation’s foremost ob- it to be printed in the portion of the Con- preprinted their amendments in the jective. The President’s plan does that gressional Record designated for that pur- CONGRESSIONAL RECORD. Finally, the in 10 years, it does it in a responsible pose in clause 6 of rule XXIII. Amendments rule allows one motion to recommit. way, one that my colleagues on both so printed shall be considered as read. At the Mr. Speaker, the waivers provided in sides of the aisle ought to support. conclusion of consideration of the bill for amendment the Committee shall rise and re- this rule are necessary since the de- f port the bill to the House with such amend- fense authorization bill has not yet be- ments as may have been adopted. The pre- come law. I’m not aware of any objec- PERMISSION FOR COMMITTEE ON vious question shall be considered as ordered tion to such waivers, and there was bi- COMMERCE AND COMMITTEE ON on the bill and amendments thereto to final partisan support for this rule by the ECONOMIC AND EDUCATIONAL passage without intervening motion except Appropriations Subcommittee on Mili- OPPORTUNITIES AND THEIR SUB- one motion to recommit. tary Construction and by the Rules SEC. 2. (a) For purposes of sections 302 and COMMITTEES TO SIT TODAY Committee. DURING 5-MINUTE RULE 311 of the Congressional Budget Act of 1974 as they apply in the House of Representatives Mr. Speaker, this is a special occa- Mr. SOLOMON. Mr. Speaker, I ask to the Committee on Appropriations and to sion that deserves proper recognition. unanimous consent that the following the consideration of general appropriation As Members know, our colleague from committees and their subcommittees bills, amendments thereto, or conference re- Nevada, BARBARA VUCANOVICH, is the be permitted to sit today while the ports thereon, the Congress shall be consid- chair of the Appropriations Sub- ered to have adopted House Concurrent Reso- House is meeting in the Committee of committee on Military Construction. the Whole House under the 5-minute lution 67 in the form adopted by the House on May 18, 1995. She is the first woman to chair an ap- rule: (b) The allocations of spending and credit propriations subcommittee in 40 years. Committee on Commerce, and Com- responsibilities to the Committee on Appro- And all I can say, Mr. Speaker, it is mittee on Economic and Educational priations that are depicted in House Report about time and I cannot think of any- Opportunities. 104–120, beginning on page 144, shall be con- one more deserving of this distinction It is my understanding that the mi- sidered as the allocations required by section than Mrs. VUCANOVICH. She has served 602(a) of that Act to be included in the joint nority has been consulted and that this Congress with dedication and com- there is no objection to these requests. explanatory statement of the managers on a conference report to accompany a concur- mitment for over 12 years, and she is The SPEAKER pro tempore. Is there one of the most highly respected Mem- objection to the request of the gen- rent resolution on the budget. (c) This section shall cease to apply upon bers of the House. I applaud her hard tleman from New York? final adoption by the House and the Senate work and bipartisan spirit in working Mr. NADLER. Mr. Speaker, reserving of a concurrent resolution on the budget for together with the ranking minority the right to object, we have been con- fiscal year 1996. member, BILL HEFNER, in bringing for- sulted about this request. We have no b 1020 ward this first of the 13 appropriation objection. bills. They did an outstanding job of Mr. Speaker, I withdraw my reserva- The SPEAKER pro tempore (Mr. addressing the important housing tion of objection. BURTON of Indiana). The gentleman needs, base realignment and closure The SPEAKER pro tempore. Is there from Tennessee [Mr. QUILLEN] is recog- costs, and construction requirements objection to the request of the gen- nized for 1 hour. of the military. tleman from New York? (Mr. QUILLEN asked and was given There was no objection. permission to include extraneous mate- Mr. Speaker, it is estimated that f rial.) about one-eighth of all military fami- Mr. QUILLEN. Mr. Speaker, for the lies living off-base reside in sub- MILITARY CONSTRUCTION purpose of debate only, I yield the cus- standard housing. Additionally, more APPROPRIATIONS ACT, 1996 tomary 30 minutes to the gentleman than one-half of the on-base family Mr. QUILLEN. Mr. Speaker, by direc- from Ohio [Mr. HALL], pending which I housing units are unsuitable and in tion of the Committee on Rules, I call yield myself such time as I may need of significant repair. We’ve all up House Resolution 167 and ask for its consume. During consideration of this heard stories of military families immediate consideration. resolution, all time yielded is for the whose standard of living is so low they The Clerk read the resolution, as fol- purpose of debate only. qualify for food stamps. This is deplor- Mr. Speaker, House Resolution 167 is lows: able, and we have an obligation to en- an open rule providing for the consider- sure an adequate lifestyle for those pa- H. RES. 167 ation of H.R. 1817, the Military Con- triotic, dedicated men and women who Resolved, That at any time after the adop- struction Appropriations Act for Fiscal tion of this resolution the Speaker may, pur- have chosen to serve this country and suant to clause 1(b) of rule XXIII, declare the Year 1996. The rule provides 1 hour of are willing to put their lives on the House resolved into the Committee of the general debate divided equally between line to defend America. Whole House on the state of the Union for the chairman and ranking minority About 72 percent of the projects in consideration of the bill (H.R. 1817) making member of the Committee on Appro- this bill are for the construction of new appropriations for military construction for priations. barracks, family housing, and child de- the Department of Defense for the fiscal year The rule waives clause 2 of rule XXI, velopment centers—money well spent ending September 30, 1996, and for other pur- prohibiting unauthorized appropria- in my opinion. poses. The first reading of the bill shall be tions and legislation in an appropria- dispensed with. General debate shall be con- tions bill, and also waives clause 6 of Mr. Speaker, this open rule will allow fined to the bill and shall not exceed one all Members to fully participate in the hour equally divided and controlled by the rule XXI, prohibiting reappropriations, against provisions of the bill. amendment process, and I urge its chairman and ranking minority member of adoption. the Committee on Appropriations. After gen- Additionally, the rule provides that eral debate the bill shall be considered for the spending and credit allocations to Mr. Speaker, I submit the following amendment under the five-minute rule. the Committee on Appropriations con- materials for the RECORD: H 6050 CONGRESSIONAL RECORD — HOUSE June 16, 1995 THE AMENDMENT PROCESS UNDER SPECIAL RULES REPORTED BY THE RULES COMMITTEE,1 103D CONGRESS V. 104TH CONGRESS [As of June 15, 1995]

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

Open/Modified-open 2 ...... 46 44 29 74 Modified Closed 3 ...... 49 47 10 26 Closed 4 ...... 9 9 0 0 Totals: ...... 104 100 39 100 1 This table applies only to rules which provide for the original consideration of bills, joint resolutions or budget resolutions and which provide for an amendment process. It does not apply to special rules which only waive points of order against appropriations bills which are already privileged and are considered under an open amendment process under House rules. 2 An open rule is one under which any Member may offer a germane amendment under the five-minute rule. A modified open rule is one under which any Member may offer a germane amendment under the five-minute rule subject only to an overall time limit on the amendment process and/or a requirement that the amendment be preprinted in the Congressional Record. 3 A modified closed rule is one under which the Rules Committee limits the amendments that may be offered only to those amendments designated in the special rule or the Rules Committee report to accompany it, or which preclude amendments to a particular portion of a bill, even though the rest of the bill may be completely open to amendment. 4 A closed rule is one under which no amendments may be offered (other than amendments recommended by the committee in reporting the bill).

SPECIAL RULES REPORTED BY THE RULES COMMITTEE, 104TH CONGRESS [As of June 15, 1995]

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

H. Res. 38 (1/18/95) ...... O ...... H.R. 5 ...... Unfunded Mandate Reform ...... A: 350–71 (1/19/95). H. Res. 44 (1/24/95) ...... MC ...... H. Con. Res. 17 ...... Social Security ...... A: 255–172 (1/25/95). H.J. Res. 1. Balanced Budget Amdt. H. Res. 51 (1/31/95) ...... O ...... H.R. 101 ...... Land Transfer, Taos Pueblo Indians ...... A: voice vote (2/1/95). H. Res. 52 (1/31/95) ...... O ...... H.R. 400 ...... Land Exchange, Arctic Nat’l. Park and Preserve ...... A: voice vote (2/1/95). H. Res. 53 (1/31/95) ...... O ...... H.R. 440 ...... Land Conveyance, Butte County, Calif ...... A: voice vote (2/1/95). H. Res. 55 (2/1/95) ...... O ...... H.R. 2 ...... Line Item Veto ...... A: voice vote (2/2/95). H. Res. 60 (2/6/95) ...... O ...... H.R. 665 ...... Victim Restitution ...... A: voice vote (2/7/95). H. Res. 61 (2/6/95) ...... O ...... H.R. 666 ...... Exclusionary Rule Reform ...... A: voice vote (2/7/95). H. Res. 63 (2/8/95) ...... MO ...... H.R. 667 ...... Violent Criminal Incarceration ...... A: voice vote (2/9/95). H. Res. 69 (2/9/95) ...... O ...... H.R. 668 ...... Criminal Alien Deportation ...... A: voice vote (2/10/95). H. Res. 79 (2/10/95) ...... MO ...... H.R. 728 ...... Law Enforcement Block Grants ...... A: voice vote (2/13/95). H. Res. 83 (2/13/95) ...... MO ...... H.R. 7 ...... National Security Revitalization ...... PQ: 229–100; A: 227–127 (2/15/95). H. Res. 88 (2/16/95) ...... MC ...... H.R. 831 ...... Health Insurance Deductibility ...... PQ: 230–191; A: 229–188 (2/21/95). H. Res. 91 (2/21/95) ...... O ...... H.R. 830 ...... Paperwork Reduction Act ...... A: voice vote (2/22/95). H. Res. 92 (2/21/95) ...... MC ...... H.R. 889 ...... Defense Supplemental ...... A: 282–144 (2/22/95). H. Res. 93 (2/22/95) ...... MO ...... H.R. 450 ...... Regulatory Transition Act ...... A: 252–175 (2/23/95). H. Res. 96 (2/24/95) ...... MO ...... H.R. 1022 ...... Risk Assessment ...... A: 253–165 (2/27/95). H. Res. 100 (2/27/95) ...... O ...... H.R. 926 ...... Regulatory Reform and Relief Act ...... A: voice vote (2/28/95). H. Res. 101 (2/28/95) ...... MO ...... H.R. 925 ...... Private Property Protection Act ...... A: 271–151 (3/2/95). H. Res. 104 (3/3/95) ...... MO ...... H.R. 988 ...... Attorney Accountability Act ...... A: voice vote (3/6/95). H. Res. 103 (3/3/95) ...... MO ...... H.R. 1058 ...... Securities Litigation Reform ...... H. Res. 105 (3/6/95) ...... MO ...... A: 257–155 (3/7/95). H. Res. 108 (3/7/95) ...... Debate ...... H.R. 956 ...... Product Liability Reform ...... A: voice vote (3/8/95). H. Res. 109 (3/8/95) ...... MC ...... PQ: 234–191 A: 247–181 (3/9/95). H. Res. 115 (3/14/95) ...... MO ...... H.R. 1159 ...... Making Emergency Supp. Approps...... A: 242–190 (3/15/95). H. Res. 116 (3/15/95) ...... MC ...... H.J. Res. 73 ...... Term Limits Const. Amdt ...... A: voice vote (3/28/95). H. Res. 117 (3/16/95) ...... Debate ...... H.R. 4 ...... Personal Responsibility Act of 1995 ...... A: voice vote (3/21/95). H. Res. 119 (3/21/95) ...... MC ...... A: 217–211 (3/22/95). H. Res. 125 (4/3/95) ...... O ...... H.R. 1271 ...... Family Privacy Protection Act ...... A: 423–1 (4/4/95). H. Res. 126 (4/3/95) ...... O ...... H.R. 660 ...... Older Persons Housing Act ...... A: voice vote (4/6/95). H. Res. 128 (4/4/95) ...... MC ...... H.R. 1215 ...... Contract With America Tax Relief Act of 1995 ...... A: 228–204 (4/5/95). H. Res. 130 (4/5/95) ...... MC ...... H.R. 483 ...... Medicare Select Expansion ...... A: 253–172 (4/6/95). H. Res. 136 (5/1/95) ...... O ...... H.R. 655 ...... Hydrogen Future Act of 1995 ...... A: voice vote (5/2/95). H. Res. 139 (5/3/95) ...... O ...... H.R. 1361 ...... Coast Guard Auth. FY 1996 ...... A: voice vote (5/9/95). H. Res. 140 (5/9/95) ...... O ...... H.R. 961 ...... Clean Water Amendments ...... A: 414–4 (5/10/95). H. Res. 144 (5/11/95) ...... O ...... H.R. 535 ...... Fish Hatchery—Arkansas ...... A: voice vote (5/15/95). H. Res. 145 (5/11/95) ...... O ...... H.R. 584 ...... Fish Hatchery—Iowa ...... A: voice vote (5/15/95). H. Res. 146 (5/11/95) ...... O ...... H.R. 614 ...... Fish Hatchery—Minnesota ...... A: voice vote (5/15/95). H. Res. 149 (5/16/95) ...... MC ...... H. Con. Res. 67 ...... Budget Resolution FY 1996 ...... PQ: 252–170 A: 255–168 (5/17/95). H. Res. 155 (5/22/95) ...... MO ...... H.R. 1561 ...... American Overseas Interests Act ...... A: 233–176 (5/23/95). H. Res. 164 (6/8/95) ...... MC ...... H.R. 1530 ...... Natl. Defense Auth. FY 1996 ...... PQ: 225–191 A: 233–183 (6/13/95). H. Res. 167 (6/15/95) ...... O ...... H.R. 1517 ...... MilCon Appropriations FY 1996 ...... Codes: O-open rule; MO-modified open rule; MC-modified closed rule; C-closed rule; A-adoption vote; PQ-previous question vote. Source: Notices of Action Taken, Committee on Rules, 104th Congress.

Mr. Speaker, I reserve the balance of In the Rules Committee hearing, construction, and $161 million for my time. however, Representatives BREWSTER NATO security. Mr. HALL of Ohio. Mr. Speaker, I and HARMAN did request an amendment Also included in the bill is approxi- yield myself such time as I many known as the deficit reduction lockbox mately $18.5 million in funding for sev- consume. amendment. This would have allowed eral projects at Wright-Patterson Air (Mr. HALL of Ohio asked and was any savings obtained through floor Force Base, which is partially located given permission to revise and extend votes to go into a special deficit reduc- in my congressional district. I am his remarks.) tion trust fund. Given the interest that pleased that the committee approved Mr. HALL of Ohio. Mr. Speaker, as many of us have in deficit reduction, I these funds which will continue several my colleague has described, House Res- believe the Rules Committee should projects, including an electrical up- olution 167 is the rule waiving points of have made the Brewster-Harman grade at the base. Mr. Speaker, these order against provisions of the bill, amendment in order. Our ranking mi- projects are important to Wright-Pat- terson Air Force Base, and to the com- H.R. 1817, the Military Construction nority member, Representative JOE munity of Dayton, OH, which has been Appropriations Act for Fiscal Year MOAKLEY, did offer the lockbox meas- a world leader in aviation since the 1996. The rule is essentially an open ure as an amendment to the rule. How- days of the Wright brothers. I com- rule with 1 hour of general debate. If ever, it unfortunately lost 8 to 3, with mend my colleagues for including does provide waivers of clause 2 of rule no Republican support. XXI to allow unauthorized appropria- them. tions in the bill, as well as clause 6 of Mr. Speaker, this bill appropriates Mr. Speaker, under the normal rules rule XXI prohibiting reappropriations. approximately $11.2 billion for fiscal of the House, any amendment which It also provides that figures in the year 1996 for military construction, does not violate any House rules could House-passed budget resolution shall family housing, and base realignments be offered to H.R. 1817. The rule was apply until final adoption of the budget and closures for the Department of De- passed out of the House Rules Commit- resolution. There was no substantial fense. The bill appropriates approxi- tee by voice vote, and I urge my col- opposition to these provisions from mately $4.3 billion for family housing, leagues to adopt it. witnesses in yesterday’s Rules Com- $3.89 billion for base realignment and Mr. QUILLEN. Mr. Speaker, I yield mittee hearing. closure costs, $2.8 billion for military such time as he may consume to the June 16, 1995 CONGRESSIONAL RECORD — HOUSE H 6051 distinguished gentleman from New today. The investment we make today job training programs, of health appro- York [Mr. SOLOMON], the chairman of to improve the quality of life for our priations, including a potentially very the Committee on Rules. military personnel will pay off in the large squeeze on the National Insti- Mr. SOLOMON. Mr. Speaker, I thank future, because we will find it much tutes of Health. It just seems to me the chairman emeritus for yielding me easier to recruit and retain and keep that that is an incredibly warped set of the time. The rule certainly has been these good people that are serving us. priorities. adequately explained by both the gen- Having said all of that, I just want to I tried in the full Committee on Ap- tleman from Tennessee [Mr. QUILLEN] again repeat what my good friend, the propriations to get a different set of 602 and the gentleman from Ohio [Mr. gentleman from Tennessee [Mr. QUIL- allocations adopted for the subcommit- HALL], so I will not get into that. I will LEN], said about the gentlewoman from tee so that we could produce a different speak to the bill itself. Nevada [Mrs. VUCANOVICH]. In bringing set of priorities. Instead of the outland- Mr. Speaker, the military construc- the military construction bill to the ishly high military budget which is tion bill this rule makes in order will floor this week, my good friend from being enforced under this process, I have a major impact on the morale and Nevada, who was formerly from my suggested we simply go to what I would the quality of life of our young men area up in upstate New York, the gen- call Domenici-plus-one, which would and women who serve in our military tlewoman from Nevada, will become say that we would limit defense ex- today, and that is so critically impor- the first women in 40 years to manage penditures to $1 billion above that pro- tant in maintaining a high quality of an appropriations bill in the House of vided in the Senate budget resolution. recruits, especially when we have to Representatives. That is significant. That is hardly a left-wing proposition. depend on an all-voluntary military as And as best as the staff of the Com- That level was supported by a num- we do today. mittee on Appropriations can tell, she ber of well-known conservatives in the We presently face a seriously worsen- will be only the second woman in the Senate who I would name if House ing situation with respect to military entire history of the House to have rules allowed me to; conservatives in housing, and this is a problem that that responsibility. So, we salute the both parties. It would have allowed us, simply must be solved if we are going gentlewoman, let her come down here, by limiting that defense expenditure to to keep these young men and women in and let us get this good bill going. those levels, to provide $900 million in the service. Mr. HALL of Ohio. Mr. Speaker, I additional support for law enforcement We cannot hope to recruit and then yield 7 minutes to the gentleman from programs under Commerce-Justice, it retain a high-caliber all-volunteer Wisconsin [Mr. OBEY]. would have allowed us to provide $1 bil- force if our service men and women are Mr. OBEY. Mr. Speaker, I rise in very lion more for highway construction consigned to live in housing that we strong opposition to this rule for a va- that will be allowed under the proposal would not let our own families live in. riety of reasons, starting with the fact which was presented by the majority. This is how bad it is. that this bill itself is unbelievably $2.5 We would be allowed to provide $2 An estimated one-eighth of all mili- billion above last year, even while we billion more to the VA–HUD bill to tary families residing off-base today are told that we have to reach a bal- protect veterans’ medical services and are living in substandard housing, and anced budget which requires us to cut to help low-income seniors who other- that is terrible. More than half of all of most programs in the budget over a 7- wise are going to be clobbered in hous- our on-base family housing units are year period by about 30 percent. ing budgets. considered unsuitable and in need of It is to me incredibly irresponsible to It would have allowed $100 million significant repair. be suggesting that we can raise any ap- more to be used to toughen immigra- Mr. Speaker, these are shocking and propriation bill by more than 20 per- tion enforcement. It would have al- absolutely unacceptable conditions. I cent in a single year, given the budget lowed a saving of about a half-billion am pleased to note that funding in this squeeze we are facing. dollars on the squeeze that will other- bill for family housing is up 23 percent But I think there is an even more wise be put in national parks, and it over last year. We found the money. basic reason to oppose this rule and would have allowed us to reduce the in- This is so vital for the 60 percent of our that is because this rule would, in its credible reductions which are going to service personnel who are married. passage, have it deemed that we had al- be forced on student assistance, on bio- I am pleased to see that this bill pro- ready passed the budget resolution medical research, and grants to local vides the seed money for a 5-year pilot when in fact that is not the case. school districts and fuel-assistance pro- project involving the private sector to This bill is coming to the floor 2 grams as I indicated. replace or renovate most or all of the weeks after the first appropriation bill But because this resolution deems us on-base family housing units that are came to the floor last year. There is to be operating under the House budget in dire need of repair today. still no budget which has been adopted resolution, and because under that With Armed Forces composed en- by the majority party. This is the lat- House budget resolution these warped tirely of volunteers, we find that our est in 10 years that the Congress has set of priorities have been adopted, we military personnel are staying in the been without the adoption of a budget. cannot proceed to produce a more bal- service longer, they are marrying while Because we are still not operating anced set of appropriation bills if we in service, many of them are trying to under a budget, this rule would have proceed under this approach. raise families, and that is the way it the House, in essence, declare that it is I want to make clear, I am not talk- should be. simply the House budget resolution ing about spending one additional dime There is an increase in this bill for which is going to govern the appropria- above the spending levels suggested by the building and renovating of bar- tion process for the rest of the year, the Republican Party, by the majority racks that are used by our military when we know full well that that reso- party. What I am suggesting is that the personnel who are not married. This lution is going to have to be com- way the dollars are allocated under the situation also needs to be addressed, promised with the Senate and a dif- ceiling which we are all going to have because half of all existing barracks ferent set of numbers will be reached. to live with is grossly warped and this today are 30, 40, 50, and even 60 years An added problem is that the budget resolution, by deeming us to be operat- old, and they are in a deplorable condi- priorities under which we are acting, ing under that procedure, simply guar- tion. We have a deficit on top of that of and under which this bill is brought to antees that we cannot make any im- 160,000 barracks spaces to provide for the floor, are in fact grossly warped. provements in the situation. quarters for these people. While this bill is going to be $2.5 billion I do not think we ought to do that. I So, I am just really grateful for the above last year, the Labor-Health-Edu- think this rule ought to be defeated so many good and necessary improve- cation appropriation bill will be about that the entire proposal can be recom- ments made in this bill. I want to $10 billion below last year, cutting a mitted to the Committee on Appropria- thank the gentlewoman from Nevada $70 billion bill to $60 billion. tions so that the committee can [Mrs. VUCANOVICH] and all of the mem- You will see a savaging of the Low- produce a different set of numbers bers of her subcommittee for bringing a Income Heating Assistance Program. which provide a greater sense of mercy really quality product to the floor You will see a merciless squeezing of and justice for working families who H 6052 CONGRESSIONAL RECORD — HOUSE June 16, 1995 are trying to help their kids go decisions are going to be highlighted in This is the first of 13 appropriations through school, for families who have this museum. It will have an inestima- bills to come to the House floor this health problems, for workers who need ble value for the esprit de corps, not year. We must not wait any longer by retraining, rather than sticking to the just of the Army but of all the armed letting millions of discretionary dol- spending priorities which we are going services. lars slip into the wasteland of Federal to be required to stick to under this And we know that there will be 20 spending. Let us make our cuts count. proposal. million American citizens who will be Vote ‘‘no’’ on this rule, and let us visiting this museum every year. It has send H.R. 1817 back to the Rules Com- b 1040 perpetual value. That is why this small mittee and make the Brewster-Harman So I would urge you to defeat the amount of money is very important, lockbox in order. previous question on the rule, defeat and it is important that we include it Mr. HALL of Ohio. Mr. Speaker, I the rule, send this whole proposition in an appropriations bill, not vote for yield 3 minutes to the gentlewoman back to the Committee on Appropria- the amendment that would eliminate from California [Ms. HARMAN]. tions so we can produce a much more it. (Ms. HARMAN asked and was given balanced set of spending priorities in a Mr. SKELTON. Mr. Speaker, will the permission to revise and extend her re- very tight fiscal year. gentleman yield? marks.) Mr. HALL of Ohio. Mr. Speaker, I Mr. MORAN. I yield to the gentleman Ms. HARMAN. Deficit hawks listen yield 4 minutes to the gentleman from from Missouri. up: I am the Harman of Brewster-Har- Virginia [Mr. MORAN]. Mr. SKELTON. I certainly agree with man, and this is the vote you have been Mr. MORAN. Mr. Speaker, this rule your position on the Army Museum. As waiting for. makes in order an amendment to cut a matter of fact, it is only an appro- By excluding the lockbox, the Com- out what is a relatively small amount priation to buy the land because all mittee on Rules is telling us that on of money to purchase land for the con- else is going to be built by donations. the first appropriations bill of the sea- struction of the U.S. Army Museum. Is that not correct? son we are not prepared, let me repeat, Now, if this were another time, if we Mr. MORAN. That is correct, I say to not prepared, to force cuts to go to def- were not all so much aware of the fis- the gentleman from Missouri [Mr. icit reduction. cal realities, the Army would have SKELTON]. A little later today we are going to gone about this in the way that the Mr. SKELTON. Is it not also correct consider at least two cuts to this bill. other armed services have and, in fact, that all of the other services have a na- Should they pass, I am telling your every other nation has, and build it tional type of museum but the U.S. now that without the lockbox, they with public funds. But the Army is not Army does not? will not, hear me, not go to deficit re- Mr. MORAN. They do. And it is iron- asking for public funds to build the duction. U.S. Army Museum. The museum is ic that the Army has the most to show, Why not? The answer is that the ap- going to cost about $72 million, and the things dating back to the Revolution- propriators, both sides, and this is not Army is going to raise that through ary War, the Civil War, the War of 1812, a partisan claim, do not want to lose private donations. That is the kind of unbelievable things that this country the ability to use saved money for thing we have been encouraging the has no awareness of the fact that we other pet projects. public sector to do, not to spend any have these and would like to show Let me explain how the lockbox, money that is not absolutely nec- them to the public. which an overwhelming majority of Mr. SKELTON. I certainly agree and essary. this House has already supported, compliment you on your position. The small amount of money, how- Mr. HALL of Ohio. Mr. Speaker, I works. It works this way: If we cut ever, that is in this appropriations bill, yield 2 minutes to the gentleman from money from an appropriations bill and and we appreciate the fact that the we do not at the same time on the pub- Oklahoma [Mr. BREWSTER]. chairperson of the appropriations bill, (Mr. BREWSTER asked and was lic record reprogram it to something the gentlewoman from Nevada [Mrs. given permission to revise and extend else, that money automatically goes VUCANOVICH], included it, is necessary his remarks.) into what we call a lockbox. When the because we cannot possibly raise Mr. BREWSTER. Mr. Speaker, I rise House passes its bill, the lockbox con- enough money to purchase the land im- today in strong opposition to this rule tains our cuts. When the Senate passes mediately and it has to be purchased and would urge my deficit hawk col- its bill, the lockbox contains the Sen- immediately. Equitable Real Estate, leagues to oppose this rule as well. ate’s cuts. And then in conference the that owns it, has plans to develop two There has been much discussion in conferees are limited, limited by this highrise office buildings on this site. this Chamber about the importance of mechanism to coming up with a bot- Now, let me describe where it is be- deficit reduction and balancing the tom-line figure that is somewhere because all of you have seen this site. It budget. Mr. Speaker, this House needs tween the House and the Senate cuts. is on the gateway to Washington, DC. to put its money where its mouth is. In other words, the money cut cannot It is kitty-corner to the Jefferson Me- This rule restricts the Brewster-Har- be reprogrammed. They money cut morial, across the river, and it is on a man lockbox amendment, which would goes to deficit reduction. line between the Washington Monu- guarantee all savings achieved from This concept is overwhelmingly pop- ment, the Jefferson Memorial, and cuts in this bill would go solely for def- ular out in the land and, in fact, it is what would be the Army Museum. It is icit reduction—savings could not be probably a better mechanism, or at a small piece of land, just to the east of used for additional spending. least a faster mechanism, than the bal- the 14th Street Bridge. Everyone will Mr. Speaker, if this House votes to anced budget amendment because it see it as they enter Washington. cut a program on the floor, then I goes into effect immediately with en- The small amount of money that is feel—as I think a majority of this actment of the appropriations bill. necessary will enable us to purchase House feels—that those savings should And I say that as a strong supporter this land at a very reasonable cost, and go only to deficit reduction, not be in this Congress, and in the last Con- then the Army will go about raising spent somewhere else. The Brewster- gress, of the balanced budget amend- money for the museum. Harman lockbox amendment would ment. The Army has about 500,000 artifacts guarantee this savings. Let me conclude by saying this: Cast- to show. Most of them are warehoused. Only a few months ago, this House ing tough votes means casting votes Nobody can see them. Many of them overwhelmingly voted to pass the that could hurt at home, and this is the are priceless. The Army has a story to lockbox amendment, 418 to 5. With that case for me. Most people here know, tell, the history of the United States, kind of support, Mr. Speaker, I am dis- and I always say it, I represent the how the Army secured this Nation’s appointed the Rules Committee did not aerospace center of the universe, Cali- liberty through war and sustained it continue the commitment of deficit re- fornia’s 36th Congressional District. I through preparation for war in a reduction. Instead, they restricted the am a strong defense hawk. I spoke for sponsible manner, and all of those Brewster-Harman lockbox from this and voted for the plus-ups in the de- junctures where the Army made major bill. fense budget because I believe in them. June 16, 1995 CONGRESSIONAL RECORD — HOUSE H 6053 I certainly believe in spending on mili- Another Army Museum, folks, would hawks are and who are not. I do not tary construction. be the 49th Army Museum in this coun- have much faith in new deficit hawks But I also believe in two other try. I cannot understand why we want because if they were really deficit things, and they are relevant today. to build a 49th museum right here in hawks, they would be up here voting One is candor. If we are serious about Washington when we have got Amer- for cuts day in and day out, like you cutting the deficit, let us do it. And the ican men and women who are needing do, Mr. Acting Speaker. second one is making sure that when I training, who have family housing that As a matter of fact, later this after- stand here and say that something is just unacceptable. noon I am going to be introducing a really is deficit reduction, it really is. I think too many people have been piece of legislation that is about as And so I tell my constituents right talking to the generals and the brass, thick as my briefcase is here. It is $840 now that by doing this, by voting and they ought to get out there and billion in spending cuts, and I am tell- against this rule and by voting against talk to the men and women who serve ing you it cuts just about everything this bill, I am fighting for you because in this Army and they ought to talk to and it brings the deficit under control I am fighting for deficit reduction and the American taxpayer. that is killing this country, that is lit- candor in this House. Mr. Speaker, I just think it is a erally ruining the country. Mr. HALL of Ohio. Mr. Speaker, I shame, and I cannot wait for us to vote We are going to give this, this bill yield 2 minutes to the gentleman from on the cutting of the money for the which is this thick, we are going to Missouri [Mr. VOLKMER]. Army Museum, but I sure wish it was give it to all of the appropriators and (Mr. VOLKMER asked and was given being locked into deficit reduction or to any other of the 435 Members. They permission to revise and extend his re- could be sent somewhere else, like fam- can take little pieces of the bills as marks.) ily housing. these appropriations bills come down Mr. VOLKMER. Mr. Speaker, Mem- Mr. HALL of Ohio. Mr. Speaker, I and all of the other bills and the rec- bers of the House, I rise in strong oppo- yield 3 minutes to the gentleman from onciliation, and they can take it, you sition not only to the rule but to this Ohio [Mr. TRAFICANT]. can, Mr. Speaker, or I can, anyone can bill, and I say, ‘‘Wake up, America. (Mr. TRAFICANT asked and was take one little section. It is all there in Stay tuned America,’’ because under given permission to revise and extend legislative language, so all Members this bill and the next defense appro- his remarks.) have got to do is come to me or come priation bill, we are going to spend a Mr. TRAFICANT. Mr. Speaker, I am to the bill drafting office, and they whole bunch of money. We are going to going to vote with my distinguished have it there for you. They will give it have increases in that spending, and at chairman, the gentleman from Ohio to you, the specific amendment you the same time, under the Republican [Mr. HALL], on the previous question, want. budget, you are going to see cuts, dras- but that is not because I am opposed to So the point is, let us see who the tic cuts, radical cuts in Medicare for this rule. I want to commend the chair- real deficit hawks are. Now, I happen to support the Army our senior citizens. We are going to see man. I will support the rule, and I will Museum because it is a small amount programs such as the heating assist- give the procedural vote to my party. of money. Somebody said, ‘‘Well, $14 ance for the poor in my district cut out But I want to say this: Pigs get fat, million is not a small amount of completely, but we are going to see, hogs get slaughtered. money.’’ But it is because it is the seed like I said, spending increases in de- There is a way to go about this busi- money which will bring the Army Mu- fense. ness in this whole process, and I want seum about. There is no shared sacrifice here. The to thank the Committee on Appropria- I do not see amendments up here wip- reasons that you have to cut the Medi- tions for funding the three projects I ing out the Korean War Memorial. We care as they cut Medicare is not only had requested at the Air Force base, re- are going to have an opening on April the defense increases but also because serve base in Vienna, OH, to my rank- 27. We are going to have those who they have in their budget a big tax ing member, the gentleman from North served in the military during the Ko- break for the wealthy, a $20,000 tax Carolina [Mr. HEFNER], and all the rean war. We are going to have them break, $20,000 a year for people making chairmen responsible, the gentle- coming to Washington. It is going to be over $250,000. That is not strengthening woman from Nevada [Mrs. VUCANO- a great day because we are going to Medicare. That is not improving Medi- VICH], thank you, but you see, I did it honor those Korean war veterans. I did care. That is not making Medicare any the right way. I requested it. And then not serve in combat myself. I served in better. That is making it harder on my it was evaluated, and then it was scru- the United States Marine Corps during senior citizens, my rural hospitals. tinized, justified, then it was author- that period of time. It is going to be so I have got rural hospitals out there ized, and then it went to the appropri- gratifying to see that war memorial that right now estimate that it is ators, and I showed that process, and I finished for those veterans who did, es- going to be over a million-dollar loss in showed the importance of it and the pecially for the lives lost there. revenue to them by the end of this cen- merit of it, and it was funded. All of these artifacts that the Army tury just because you can give tax And the process can work if we first has, my good friend, the gentleman breaks to the wealthy and you can in- authorize, justify, scrutinize. from Virginia [Mr. MORAN] was talking crease defense spending. And I am going to support this bill. about, what is wrong with having a Mr. Speaker, I strongly oppose this As long as the appropriators are in- museum for the people who served, movement of the Republican radical cluding those issues that are properly whether in World War I or World War II majority in order to take it out of the addressed through the authorizing or the Korean war or the Vietnam war? hides of the elderly and give it to our process, you will have my vote. Why can they not have a place to defense spending and to the wealthy. I appreciate that, and I want to come? I think it is terribly important. For that reason, I oppose the rule, thank the chairman from Ohio for giv- The bill also then allows for the vol- and I oppose the bill. ing me the time. unteers to come out and raise money, Mr. HALL of Ohio. Mr. Speaker, I Mr. QUILLEN. Mr. Speaker, I yield like we did for the Korean War Memo- yield 2 minutes to the gentleman from such time as he may consume to the rial, like we did there. Alabama [Mr. BROWDER]. gentleman from New York [Mr. SOLO- I am going to tell you one thing: I Mr. BROWDER. Mr. Speaker, I am MON], the distinguished chairman of hope no Republican votes for that cut concerned about this rule because it the Committee on Rules. when it is offered by the gentleman does not allow the lockbox. It does not Mr. SOLOMON. Mr. Speaker, I hesi- from Alabama [Mr. BROWDER] or any- allow us to vote on the lockbox. tate to stand up and speak right now body else. I expect them to let that bill I am concerned about that because I because I am so agitated. pass and let us get that war memorial have an amendment which would de- But, you know, I hear all of these built. lete $14 million from this bill which new-found deficit hawks up here talk- Mr. BROWDER. Mr. Speaker, will the would go to build or to purchase land ing. And I have the National Taxpayers gentleman yield? here in Washington, DC, for another Union ratings here for the last 16 years, Mr. SOLOMON. I yield to the gen- Army Museum. This is another. and I guess we know who the deficit tleman from Alabama. H 6054 CONGRESSIONAL RECORD — HOUSE June 16, 1995 Mr. BROWDER. Would my friend tell about the Browder amendment, it with in the budget considerations, so me, do you know whether the Citizens should be pointed up in this war mu- let us not say it would have been out of Against Government Waste favor that seum that the gentleman from Ala- order. It could have been in order but expenditure for these, for this Army bama is trying to eliminate there will for the rule that was crafted. They Museum, or oppose it, the Citizens be a section in there honoring the Na- could have crafted a rule that would Against Government Waste? tional Guard and Reserve, and I point have made it in perfect order for the Mr. SOLOMON. I have got their rat- out that in World War II, the 29th Divi- lockbox amendment to be offered in ings for however long they have been in sion, it was a National Guard division, this bill, and it would have done no effect. Yes, you are right, they do, and that 2,000 young men, National Guards- damage to the military construction maybe the National Taxpayers Union. men, lost their lives landing at Omaha bill. But sometimes they flake off, you Beach, and they will be honored in this Mr. SOLOMON. Mr. Speaker, will the know, too. They do it sometimes on museum, and they ought to know that, gentleman yield? some of these silly environmental laws and I appreciate the gentleman yield- Mr. QUILLEN. I yield to the gen- sometimes. We know where this thing ing to me. tleman from New York. stands. Mr. SOLOMON. Well, they most cer- Mr. SOLOMON. Let me just say that I want every Republican to come to tainly will, and when that museum the gentleman just does not under- this floor and vote against the Browder opens, I want to go with the gentleman stand the rule, that if the previous amendment, and I hope some good to be the first ones to visit. question were defeated and do not in- Democrats over there do, too. I know a Mr. DAVIS. Mr. Speaker, will the terrupt me, if the previous question few that will. gentleman yield? were defeated, and then this was Mr. BROWDER. I thank the gen- Mr. MONTGOMERY. I yield to my brought back to make this in order, it tleman for admitting that the Citizens very good friend, the gentleman from would, in my opinion, still be subject Against Government Waste are opposed Virginia [Mr. DAVIS]. to a point of order. I cannot speak for to this museum. Mr. DAVIS. Mr. Speaker, I thank the the Parliamentarian, but from all pre- Mr. SOLOMON. Now let me make one gentleman from New York [Mr. SOLO- vious precedents I know that that more point. We are trying to leave here MON] for yielding. would be ruled out of order, and it by 2 o’clock at the request of all of the Let me just ask my colleagues from would not be back here. family-friendly Members, as my col- New York on the Browder amendment: Mr. HALL of Ohio. Mr. Speaker, I leagues know. Where is my good friend, Isn’t it true we’re going to get over $5 yield myself such time as I may the gentleman from Indiana [Mr. ROE- in contributions for every dollar we in- consume. MER]? He is up here every Friday want- vest in this museum? I would only say, Mr. Speaker, that ing us to be family friendly, and we Mr. SOLOMON. Absolutely, because that was not the question. If we could want to be. We are trying to get out of the American people live by the words have passed the amendment in the here at 2 o’clock this afternoon because ‘‘pride, patriotism and volunteerism.’’ Committee on Rules yesterday that there are a lot of Members who really The gentleman is absolutely right. was voted down, I believe 8 to 3, it need to go home this weekend to talk Mr. DAVIS. And I understand there would have been in order to offer this about Medicare and other things to are over 500,000 artifacts sitting out amendment with the proper waivers, their senior citizens. They are going to there now, and some of these, frankly, and that was the question that he miss those planes if we go much longer. face the fact that they could be lost asked, not if, in fact, we defeat this Now there is a previous question over time if we do not find a permanent previous question. coming on something called the place for them. Mr. HEFNER. Mr. Speaker, will the lockbox. Now I happen to be a strong Mr. SOLOMON. They could be lost, gentleman yield? supporter of the lockbox, but the truth and also they could deteriorate and be Mr. HALL of Ohio. I yield to the gen- of the matter is, if we allow that destroyed. tleman from North Carolina. Mr. HEFNER. Mr. Speaker, I do not amendment to go through today, it Mr. DAVIS. And I guess the last understand a lot of things around here, would be knocked out on a point of question to ask is: The particular piece but I do understand rules. I have been order even if the previous question is of property that we have in mind is, of in this House for 20 years, so for the defeated, even if it is defeated. So it is course, adjacent to the Capitol and Ar- gentleman to tell me I do not under- a wasted vote. My colleagues would be lington Cemetery in those areas, but we may lose this piece if we don’t act stand the rules is a little bit ludicrous. wasting the time of the Democrats and Mr. SOLOMON. Mr. Speaker, will the within this next year; isn’t that cor- the Republicans. gentleman yield? I say to my colleagues, If you don’t rect? Mr. HALL of Ohio. I yield to the gen- Mr. SOLOMON. it could very well be like the way the rule is written, it’s an tleman from New York. open rule. Any Member can offer any so. We almost even did not get the Mr. SOLOMON. I just tell the gen- kind of germane amendment that he space for the Korean War Memorial. tleman I have been here for just about wants if you don’t like that, then vote Mr. DAVIS. Well, I plan to join the as long, and, if he looks at all these against the rule. That’s your preroga- gentleman from New York [Mr. SOLO- rules here, we can all stand a little tive, but don’t waste the body’s time MON] in opposing the amendment. learning sometime. with this previous question that’s Mr. SOLOMON. I thank the gen- Mr. HALL of Ohio. Mr. Speaker, I do going to add another 35 to 40 minutes tleman for his support. not have any more speakers. I would to the debate today, and all of these Mr. HALL of Ohio. Mr. Speaker, I only say that I would urge my col- Members are not going to be able to yield 30 seconds to the gentleman from leagues to defeat the previous question, get home on time for the weekend and North Carolina [Mr. HEFNER]. and, if the previous question is de- do those kinds of things for their con- Mr. HEFNER. Mr. Speaker, I think feated, I would offer an amendment stituents. this is a good bill, and I support the that would make in order the Brew- So I would urge my colleagues, please bill. ster-Harman deficit reduction lockbox support the previous question and vote Let us set one thing straight for the amendment. how you want to on the rule. That’s Committee on Rules. They could have Mr. Speaker, I ask unanimous con- your prerogative. crafted a rule that would have done no sent that my amendment be printed in Mr. MONTGOMERY. Mr. Speaker, harm to this bill, that would have the RECORD at this point. will the gentleman yield? made in order the lockbox amendment. The SPEAKER pro tempore (Mr. Mr. SOLOMON. I yield to the former That is a pretty bold assessment that BURTON of Indiana). Is there objection chairman of the Committee on Veter- they are putting up here. It could have to the request of the gentleman from ans’ Affairs, a great American, the gen- been in order, would have done no Ohio? tleman from Mississippi [Mr. MONT- harm to this bill, and it would have There was no objection. GOMERY]. done what the people who had signed Proposed amendment to House Resolution Mr. MONTGOMERY. Mr. Speaker, I on to the lockbox amendment long ago 167: At the end of the resolution, add the fol- thank the gentleman very much, and, wanted. It was absolutely done away lowing: June 16, 1995 CONGRESSIONAL RECORD — HOUSE H 6055

‘‘SEC. 3. Before consideration of any other Molinari Rohrabacher Stump Schumer Thornton Yates amendment, it shall be in order to consider, Moorhead Ros-Lehtinen Talent Smith (NJ) Torkildsen any rule of the House to the contrary not- Morella Rose Tate Stokes Tucker Myers Roth withstanding, an amendment on the subject Taylor (MS) Myrick Roukema b 1126 of the deficit reduction lockbox to be offered Taylor (NC) Nethercutt Royce Thomas by Representative Brewster of Oklahoma and Mr. WARD and Mr. VISCLOSKY Neumann Salmon Thornberry Representative Harman of California and Ney Sanford Tiahrt changed their vote from ‘‘yea’’ to Norwood Saxton submitted to be printed in the CONGRES- Upton ‘‘nay.’’ Nussle Scarborough SIONAL RECORD no later than June 16, 1995.’’ Vucanovich Oxley Schaefer Mr. RADANOVICH and Mr. TAYLOR Mr. HALL of Ohio. Mr. Speaker, I Packard Schiff Waldholtz of Mississippi changed their vote from Walker yield back the balance of my time. Paxon Seastrand ‘‘nay’’ to ‘‘yea.’’ Petri Sensenbrenner Walsh Mr. QUILLEN. Mr. Speaker, I, too, Pickett Shadegg Wamp So the previous question was ordered. yield back the balance of my time, and Pombo Shaw Watts (OK) The result of the vote was announced I move the previous question on the Porter Shays Weldon (FL) as above recorded. resolution. Portman Shuster Weldon (PA) Pryce Skeen Weller The SPEAKER pro tempore (Mr. The SPEAKER pro tempore. The Quillen Smith (MI) White BURTON of Indiana). The question is on question is on ordering the resolution. Quinn Smith (TX) Whitfield the resolution. The question was taken; and the Radanovich Smith (WA) Wicker The question was taken; and the Speaker pro tempore announced that Ramstad Solomon Wolf Regula Souder Young (AK) Speaker pro tempore announced that the ayes appeared to have it. Riggs Spence Young (FL) the ayes appeared to have it. Mr. OBEY. Mr. Speaker, I object to Roberts Stearns Zeliff Rogers Stockman RECORDED VOTE the vote on the ground that a quorum Mr. OBEY. Mr. Speaker, I demand a is not present and make the point of NAYS—180 recorded vote. order that a quorum is not present. Abercrombie Gordon Olver A recorded vote was ordered. The SPEAKER pro tempore. Evi- Andrews Green Ortiz The SPEAKER pro tempore. This dently a quorum is not present. Baesler Gutierrez Orton Baldacci Hall (OH) Owens will be a 5-minute vote. The Sergeant at Arms will notify ab- Barcia Hall (TX) Pallone The vote was taken by electronic de- sent Members. Barrett (WI) Hamilton Pastor vice, and there were—ayes 245, noes 155, Pursuant to the provisions of clause 5 Becerra Harman Payne (NJ) not voting 34, as follows: of rule XV, the Chair announces that Beilenson Hastings (FL) Payne (VA) Bentsen Hefner Peterson (FL) [Roll No. 387] he will reduce to a minimum of 5 min- Berman Hilliard Peterson (MN) utes the period of time within which a Bevill Hinchey Pomeroy AYES—245 vote by electronic device will be taken Bishop Holden Poshard Abercrombie Doolittle Kasich Bonior Hoyer Rahall on the question of adoption of the reso- Allard Dornan Kelly Borski Jackson-Lee Rangel Archer Dreier Kim lution. Boucher Jacobs Reed Armey Duncan King The vote was taken by electronic de- Brewster Johnson (SD) Reynolds Bachus Dunn Kingston Browder Johnson, E. B. Richardson vice, and there were—yeas 223, nays Baker (CA) Emerson Klug Brown (CA) Johnston Rivers Ballenger English Knollenberg 180, not voting 31, as follows: Brown (FL) Kanjorski Roemer Barr Ensign Kolbe [Roll No. 386] Brown (OH) Kaptur Roybal-Allard Barrett (NE) Everett LaHood Bryant (TX) Kennedy (MA) Rush Bartlett Ewing Latham YEAS—223 Cardin Kennedy (RI) Sabo Barton Fawell LaTourette Allard Cunningham Hobson Clement Kennelly Sanders Bass Fields (TX) Laughlin Armey Davis Hoekstra Clyburn Kildee Sawyer Bateman Flanagan Lazio Bachus Deal Hoke Coleman Klink Schroeder Bereuter Foley Leach Baker (CA) DeLay Horn Collins (MI) LaFalce Scott Bevill Forbes Lewis (KY) Ballenger Diaz-Balart Hostettler Condit Lantos Serrano Bilbray Ford Lightfoot Barr Dornan Houghton Conyers Laughlin Sisisky Bilirakis Fowler Linder Barrett (NE) Dreier Hunter Costello Levin Skaggs Bliley Fox Livingston Bartlett Duncan Hutchinson Cramer Lewis (GA) Skelton Blute Franks (CT) LoBiondo Barton Dunn Hyde Danner Lincoln Slaughter Boehlert Frelinghuysen Longley Bass Ehlers Inglis de la Garza Lipinski Spratt Boehner Frisa Lucas Bateman Emerson Istook DeFazio Lofgren Stark Bonilla Funderburk Manzullo Bereuter English Johnson (CT) DeLauro Lowey Stenholm Bono Ganske Martini Bilbray Ensign Johnson, Sam Dellums Luther Studds Brownback Gekas McCollum Bilirakis Everett Jones Deutsch Maloney Stupak Bryant (TN) Gilchrest McCrery Bliley Ewing Kasich Dicks Manton Tanner Bunn Gillmor McDade Blute Fawell Kelly Dingell Markey Tauzin Bunning Gilman McHugh Boehlert Fields (TX) Kim Dixon Martinez Tejeda Burr Goodlatte McInnis Boehner Flanagan King Doggett Mascara Thompson Burton Goodling McIntosh Bonilla Foley Kingston Doyle McCarthy Thurman Buyer Goss McKeon Bono Forbes Klug Durbin McDermott Torres Callahan Graham McNulty Brownback Fowler Knollenberg Edwards McHale Torricelli Calvert Greenwood Metcalf Bryant (TN) Fox Kolbe Engel McKinney Towns Camp Gunderson Meyers Bunn Franks (CT) LaHood Eshoo McNulty Traficant Canady Gutknecht Mica Bunning Franks (NJ) Latham Evans Meehan Velazquez Castle Hall (OH) Miller (FL) Burr Frelinghuysen LaTourette Farr Meek Vento Chabot Hancock Molinari Burton Frisa Lazio Fattah Menendez Visclosky Chambliss Hansen Mollohan Buyer Funderburk Leach Fazio Mfume Volkmer Chenoweth Hastert Montgomery Callahan Ganske Lewis (CA) Fields (LA) Miller (CA) Ward Christensen Hastings (WA) Moorhead Calvert Gekas Lewis (KY) Filner Minge Waters Chrysler Hayworth Morella Camp Gilchrest Lightfoot Foglietta Mink Watt (NC) Clinger Hefley Murtha Canady Gillmor Linder Ford Mollohan Waxman Coble Hefner Myers Castle Gilman Livingston Frank (MA) Montgomery Williams Coburn Heineman Myrick Chabot Goodlatte LoBiondo Frost Moran Wilson Coleman Herger Nethercutt Chambliss Goodling Longley Furse Murtha Wise Collins (GA) Hilleary Neumann Chenoweth Goss Lucas Gejdenson Nadler Woolsey Combest Hobson Ney Christensen Graham Manzullo Geren Neal Wyden Cooley Hoekstra Norwood Chrysler Greenwood Martini Gibbons Oberstar Wynn Cox Hoke Nussle Clinger Gunderson McCollum Gonzalez Obey Zimmer Cramer Horn Ortiz Coble Gutknecht McCrery Crane Hostettler Oxley Coburn Hancock McDade NOT VOTING—31 Crapo Houghton Packard Collins (GA) Hansen McHugh Ackerman Dickey Jefferson Cremeans Hunter Parker Combest Hastert McInnis Archer Dooley Kleczka Cubin Hutchinson Paxon Cooley Hastings (WA) McIntosh Baker (LA) Doolittle Largent Cunningham Hyde Petri Cox Hayworth McKeon Chapman Ehrlich Matsui Davis Inglis Pickett Crane Hefley Metcalf Clay Flake Mineta Deal Istook Pombo Crapo Heineman Meyers Clayton Gallegly Moakley DeLay Johnson (CT) Porter Cremeans Herger Mica Collins (IL) Gephardt Parker Diaz-Balart Johnson, Sam Portman Cubin Hilleary Miller (FL) Coyne Hayes Pelosi Dicks Jones Pryce H 6056 CONGRESSIONAL RECORD — HOUSE June 16, 1995 Quillen Shadegg Thornberry A motion to reconsider was laid on ficult one for women and to rise and Quinn Shaw Tiahrt the table. chair one of the most exclusive sub- Radanovich Shays Torricelli Ramstad Shuster Traficant f committees is truly an honor. We are Rangel Sisisky Upton proud of you. Good luck with the bill Regula Skeen Vucanovich PERSONAL EXPLANATION and congratulations to the people of Riggs Skelton Waldholtz Mr. FLAKE. Mr. Speaker, due to an Nevada for sending you here. Roberts Smith (MI) Walker Roemer Smith (TX) Mrs. VUCANOVICH. Mr. Chairman, I Walsh unavoidable absence, today I missed Rogers Smith (WA) Wamp rollcall vote No. 386, ordering the pre- yield myself such time as I may Rohrabacher Solomon Watts (OK) consume. Ros-Lehtinen Souder vious question, and rollcall vote No. Roth Spence Weldon (FL) 387, on House Resolution 167. Had I Mr. Chairman, I thank the gentle- Roukema Stearns Weldon (PA) been present, I would have voted ‘‘aye’’ women for those remarks. All we need Salmon Stockman Weller to do now is get along with this and get Sanford Stump White on each of those rollcall votes. Saxton Talent Whitfield The SPEAKER pro tempore (Mr. this done. Scarborough Tate Wicker BURTON of Indiana). Pursuant to House Mr. Chairman, it is my pleasure to Schaefer Tauzin Wilson Resolution 167 and rule XXIII, the present to the House the recommenda- Schiff Taylor (MS) Wolf tions for the military construction ap- Seastrand Taylor (NC) Young (AK) Chair declares the House in the Com- Sensenbrenner Tejeda Young (FL) mittee of the Whole House on the State propriations bill for fiscal year 1996. Serrano Thomas Zeliff of the Union for the consideration of The funding contained in this bill re- NOES—155 the bill, H.R. 1817. flects only 4 percent of the total defense authorization passed by the Andrews Geren Neal b 1136 Baesler Gibbons Oberstar House yesterday, totals $11.2 billion, Baldacci Gonzalez Obey IN THE COMMITTEE OF THE WHOLE and is within the subcommittee’s 602(b) Barcia Gordon Olver Accordingly, the House resolved it- allocation for both budget authority Barrett (WI) Green Orton self into the Committee of the Whole and outlays. This represents a $500 mil- Becerra Gutierrez Owens Beilenson Hall (TX) Pallone House on the State of the Union for the lion increase over the President’s re- Bentsen Hamilton Pastor consideration of the bill (H.R. 1817) quest and a $2.5 billion increase over Berman Harman Payne (NJ) making appropriations for military fiscal year 1995. Bishop Hastings (FL) Payne (VA) construction, family housing, and base Only recently has public attention Bonior Hilliard Peterson (FL) Borski Hinchey Peterson (MN) realignment and closure for the De- been given to the problems our sub- Boucher Holden Pomeroy partment of Defense for the fiscal year committee has been citing for several Brewster Hoyer Poshard ending September 30, 1996, and for years: the quality and deficit of mili- Browder Jackson-Lee Rahall Brown (CA) Jacobs other purposes, with Mr. BARRETT of tary family housing for our military Reed Brown (FL) Johnson (SD) Reynolds Nebraska in the chair. personnel, the necessity for support fa- Brown (OH) Johnson, E. B. Richardson The Clerk read the title of the bill. cilities for our service members and Bryant (TX) Johnston Rivers Cardin Kanjorski The CHAIRMAN. Pursuant to the their families, and the importance of Rose Clement Kaptur rule, the bill is considered as having providing an adequate working envi- Clyburn Kennedy (MA) Roybal-Allard Rush been read the first time. ronment to improve productivity and Collins (MI) Kennedy (RI) Under the rule, the gentlewoman readiness. The committee has heard Condit Kennelly Sabo Conyers Kildee Sanders from Nevada [Mrs. VUCANOVICH] will be testimony from many different spec- Costello Klink Sawyer recognized for 30 minutes, and the gen- trums regarding these problems—and, Schroeder Danner LaFalce tleman from North Carolina [Mr. HEF- we continue to feel strongly that the de la Garza Lantos Scott DeFazio Levin Skaggs NER] will be recognized for 30 minutes. funds in this bill significantly contrib- DeLauro Lewis (GA) Slaughter The Chair recognizes the gentle- ute to the readiness and retention of Dellums Lincoln Spratt woman from Nevada [Mrs. VUCANO- our military personnel. Stark Deutsch Lipinski VICH]. The appropriation and authorization Dingell Lofgren Stenholm Dixon Lowey Studds (Mrs. VUCANOVICH asked and was committees have worked closely to Doggett Luther Stupak given permission to revise and extend provide for the number one priority of Doyle Manton Tanner her remarks and include extraneous the military—quality of life for the Thompson Durbin Markey matter.) men, women and their families, who Edwards Martinez Thurman Engel Mascara Towns Mrs. VUCANOVICH. Mr. Chairman, I voluntarily serve. Not one single Eshoo McCarthy Velazquez yield such time as she may consume to project is included in this bill that was Vento Evans McDermott the gentlewoman from Ohio [Ms. KAP- not included in the authorization bill Farr McHale Visclosky Fattah McKinney Volkmer TUR]. which passed yesterday. Fazio Meehan Ward Ms. KAPTUR. Mr. Chairman, I would There is no question that there is a Fields (LA) Meek Watt (NC) like to congratulate the gentlewoman crisis in providing adequate housing. I Filner Menendez Waxman and inform the membership that not cannot emphasize enough what an im- Foglietta Mfume Williams Frank (MA) Miller (CA) Wise only is this bill historic, but, in fact, portant role this plays in retention and Franks (NJ) Minge Woolsey the moment we are about to experience readiness. This is the number one con- Frost Mink Wyden here with the gentlewoman from Ne- cern of our military personnel. Many Furse Moran Wynn Gejdenson Nadler Zimmer vada [Mrs. VUCANOVICH], the chair of barracks still contain gang latrines, the Subcommittee on Military Con- suffer from inadequate heating and NOT VOTING—34 struction handling this bill, is a truly cooling, corroded pipes, electrical sys- Ackerman Gallegly Royce historic moment for women and for tems which fail and peeling lead-based Baker (LA) Gephardt Schumer paint. Continuous maintenance is re- Chapman Hayes Smith (NJ) men in our country, because, in fact, as Clay Jefferson Stokes she moves this bill today, this will only quired. Over 600,000 men and women are Clayton Kleczka Thornton be the second time in the 200-year his- living in troop housing and about one Collins (IL) Largent Torkildsen tory of our country that a woman has half of the barracks were built 30 or Coyne Lewis (CA) Torres chaired any of the subcommittees of more years ago, with an average age of Dickey Maloney Tucker Dooley Matsui Waters the Committee on Appropriations, 40 years. of this inventory, over one Ehlers Mineta Yates which is an exclusive committee. fourth are considered substandard, and Ehrlich Moakley Flake Pelosi The last such woman to handle such the Department estimates it will take a bill was Julia Butler Hansen of Wash- up to 40 years at a cost of $8.5 billion to b 1135 ington State who, at the age of 67, re- correct these deficiencies. Mr. HALL of Ohio changed his vote tired from this institution and chaired The situation with family housing is from ‘‘no’’ to ‘‘aye.’’ the Subcommittee on Interior and Re- not much better. Two-thirds of the So the resolution was agreed to. lated Agencies at the end of her career. 350,000 family housing units in DOD’s The result of the vote was announced I just want to congratulate the gen- inventory are over 30 years old and re- as above recorded. tlewoman. The road here is still a dif- quire a substantial annual investment June 16, 1995 CONGRESSIONAL RECORD — HOUSE H 6057 to meet maintenance requirements. ments; and, the importance of provid- Mr. Chairman, in conclusion, I would Over the years, the majority of these ing an adequate working environment like to thank the members of the sub- homes have gone without adequate to improve productivity and readiness. committee for their help in bringing maintenance and repair and a current The bill provides needed facilities, this bill to the floor. We have worked backlog in excess of $2 billion. This worldwide, to support air, sea, and land in a bipartisan manner to produce a coupled with nearly 30 years and an- operations for our forces; and, those fa- bill which begins to address the mili- other $3 billion to eliminate the dete- cilities necessary to maintain a vast tary’s priorities. I want to express my riorated and failing inventory pose a array of weapons and equipment. deep appreciation to Mr. HEFNER for serious problem to the services. The Twenty-five percent of this bill, or $2.8 his commitment to this bill. When he committee recognizes that a combina- billion, is devoted to military con- was chairman of this subcommittee, he tion of several different approaches struction for these facilities. Also in- worked hard to provide badly needed will be necessary to help meet housing cluded under the military construction quality of life improvements and many needs. A total of $4.3 billion, or 40 per- accounts is $636 million to address the other programs that contribute to the cent of this bill, is devoted to construc- substandard facilities our troops must well-being of our forces. He did this at tion and operations and maintenance live in; $207 million for environmental a time these programs were not in the of the existing inventory. In addition, compliance; $179 million for medical re- press and of such a high priority. As $22 million is included to fund Sec- lated facilities; $108 million for chemi- the ranking member, he has continued retary Perry’s top priority to begin the cal demilitarization and $57 million for this commitment—his cooperation and implementation of a pilot project to child development centers. insights into the problems we confront encourage private sector initiatives to In addition, a significant portion of have been invaluable. help eliminate the family housing cri- this appropriation—35 percent or $3.9 Mr. Chairman, I realize we are asking sis. The challenge to help resolve this billion, is to fund base realignment and our colleagues to vote for a substantial problem is for a sustained overall com- closures. The implementation of base increase. I hope as we debate this bill mitment, by Congress and the adminis- closures requires large upfront costs to today they keep in mind that we are tration, at funding levels that will re- ensure the eventual savings. Over 51 only talking about 4 percent of the duce the deficits and increase the qual- percent of the increase in this bill is total defense budget. But this $11.2 bility of living conditions in a reasonable applied toward the base closure ac- lion directly supports the men and period of time. counts. This amount of funding will women in our Armed Forces—it in- This bill is not just about housing, it keep closures on schedule, includes $785 creases productivity, readiness and re- is also about necessary support facili- million for implementation of the 1995 cruitment—all very vital to a strong ties for our service members and their round now under consideration, and de- national defense. Mr. Chairman, I ask families—facilities that are growing votes $457 million for environmental my colleagues to join us in support of more important with increased deploy- restoration at closed bases. this bill. H 6058 CONGRESSIONAL RECORD — HOUSE June 16, 1995 June 16, 1995 CONGRESSIONAL RECORD — HOUSE H 6059 b 1145 Of the funds added to the bill 72 per- This is a picture of family housing Mr. Chairman, I reserve the balance cent are for these quality of life items. for junior enlisted personnel at NAS of my time. There may be some amendments to Lemoore in California. These homes Mr. HEFNER. Mr. Chairman, I yield this bill which cuts all or a portion of are about 40 years old and are struc- myself such time as I may consume. these added projects. I will oppose turally unsound. Mr. Chairman, I thank the gentle- those amendments. After all the years This is family housing at the Naval woman for those kind remarks. of rhetoric on improving living and Training Center, Great Lakes, IL. Mr. Chairman, in general, I want to working conditions in the military, its It look like a country that has been rise in support of this bill, and, of time to act and approve this funding. controlled by communism for 40 years, course, to complement the rec- Finally, I want to compliment Mrs. does it not? The buildings are falling ommendations made by Chairwoman VUCANOVICH for the way in which this apart, the wires are exposed. Again, VUCANOVICH and the way in which the bill was put together. The needs of this is family housing for our people we bill was put together. As chairman of many Members from both sides of the ask to serve in the armed services. this subcommittee I have in the past aisle were taken into account in the If you are in the armed services, emphasized providing adequate funding formulation of the bill, and it reflects a where would you like to be stationed? for quality of life projects. For years bipartisan effort. I would highly rec- The garden spot? Would that be Ha- many people would pay lip service to ommend that members support the waii? Would you like to go to Hawaii to the concept of addressing our family bill. serve if you are in the armed services? housing and barracks deficits. We on I would also like to congratulate the If you do, this may be the way that this subcommittee understand perhaps staff that has worked so hard and so your family is required to live. This is better than any other group of mem- diligently to put this bill together. housing in Hawaii. bers, that providing our men and Mr. Chairman, I would urge support Is there any doubt that the present women in the military with a decent of this bill. military housing situation is unaccept- place to live and raise their families is Mr. Chairman, I reserve the balance able? The Secretary of Defense has rec- the key to readiness and retention, and of my time. ognized that; the authorizing commit- we are actually doing something about Mrs. VUCANOVICH. Mr. Chairman, I tee has recognized it; and so does the it in this bill. yield 5 minutes to the gentleman from Appropriations Committee. Together, I applaud the chairwomen’s continu- Colorado [Mr. HEFLEY], chairman of we are determined to put us on a path ing of this theme as she developed the the Subcommittee on Military Instal- toward fixing the problem. recommendations for fiscal year 1996. lations and Facilities. Mr. Chairman, I just received a letter The quality of life projects included in Mr. HEFLEY. Mr. Chairman, I rise in from the Secretary of Defense, Dr. Wil- this bill will reduce the deficit of ade- strong support of H.R. 1817, the mili- liam Perry. Let me just share this with quate barracks and family housing tary construction appropriations bill the Members: spaces, and will provide additional for fiscal year 1996. In light of the House completion of its con- child care capacity in many locations. Just yesterday, the House passed sideration of fiscal year 1996 DOD authoriza- At Fort Bragg and Pope Air Force H.R. 1530, the National Defense Author- tion bill and today’s debate on the fiscal Base several vitally needed projects ization Act for the coming year. Three year 1996 Military Construction Appropria- have been funded. In particular the hundred Members supported this meas- tions Act, let me again express my personal folks at Fort Bragg will benefit from a ure. The House should also give similar appreciation for the Members’ support of vitally needed new health clinic. The support to this bill. your housing improvement initiative. Your current facility is a two-story World As the chairman of the Subcommit- leadership has been invaluable in moving tee on Military Installations and Fa- this important program forward. War II building with no handicapped Our effort to improve family housing is the access and conditions that make it im- cilities, I can assure the House that cornerstone of our effort to enhance the possible to maintain sanitary oper- this bill squarely addresses one of the quality of life of those men and women who ations. In addition two badly needed most serious problems confronting the serve so valiantly in our armed forces. Your barracks projects have been funded Department of Defense and the people actions and those of your Committee on Ap- along with a staging area complex. who serve in our Nation’s military propriations counterpart have given us the This will increase the readiness of our services. That problem is the quality momentum we need to address the serious vital forces stationed at Fort Bragg. and availability of adequate troop deficiencies that exist today. It is my understanding that the bill housing and military family housing. Mr. Chairman, at the outset of the is $500 million above the President’s re- There is no question that there is a session, Chairman VUCANOVICH and I quest, and that this is based on the crisis in military housing. Over 600,000 agreed that improving the quality of House budget resolution which added single enlisted personnel are assigned life for military personnel and their several billion to the President’s re- to on-base troop housing facilities. The families would be our top priority. We quest for Defense. The final number for average age of barracks and dor- also agreed that there would be no— Defense spending is pending before the mitories is over 40 years. One-fourth of and I stress no—unauthorized appro- Budget Committee’s in their con- these facilities is considered sub- priations in the military construction ference, and therefore the ability of the standard. budget. Working with our colleagues subcommittee to retain that $500 mil- The situation in family housing is on the two subcommittees, especially lion in additional funds is in some not much better. Approximately Mr. ORTIZ and Mr. HEFNER, the two doubt. While I understand the commit- 218,000—or two thirds—of the homes in ranking members, we settled on a se- tee’s action to spend these additional the housing inventory of the Depart- ries of tough criteria to judge proposed funds, we will find ourselves with some ment of Defense are classified inad- projects. difficult choices later on in the proc- equate. One-quarter of the homes in Even more importantly, we reached a ess. the DOD inventory is over 40 years old joint agreement on Milcon for the com- The bill recommends $11.2 billion in and two-thirds are over 30 years old. ing year which we have recommended budget authority, and is consistent This aging military family stock has to the House. The authorization bill is with the section 602(b) allocation. The extremely high maintenance and repair the appropriations bill. The degree of bill contains most of the individual needs. coordination, cooperation, and biparti- projects recommended in the author- To put something tangible behind san spirit with which we have ap- ization bill just passed by the House, these dry statistics, I have here some proached our work is unprecedented and contains no unauthorized projects. examples of the problem we are trying since I have been in Congress. This has Of the funds added to the President’s to fix. not been a business-as-usual process; request $202 million are for barracks, The first photo was taken at the U.S. and this is not a business-as-usual bill. $207 million is for family housing, $34 Air Force Base in Incirlik, Turkey. Working with the military services, million is for child development cen- This is military family housing. If any- we have identified a number of un- ters, and $80 million is for medical pro- thing this illustrates what we are try- funded and badly needed quality of life grams and active component projects. ing to deal with here. improvements in housing, child care, H 6060 CONGRESSIONAL RECORD — HOUSE June 16, 1995 and health care facilities that can be tions required to build the museum, dena is willing to forgo the rent that executed next year. We have funded then the Government would simply be has been paid in order to keep the cen- solely those projects where the need is adding more land to its inventory with- ter where it is. What is needed is ap- the greatest and the dollars can imme- out any benefit to the public. proximately $6 million to renovate the diately be put to use. We have agreed The question of whether this land is center. This is a primary example of on a strong quality of life package, and going to be available: We have got to what can be done in a cost-effective I would encourage every Member of buy it now or we will lose it. It has manner to revitalize existing military this body to support this package. It been sitting out there since 1987. The facilities. does a great deal for those we ask to same companies have owned it. Do you believe it is possible that this defend our Nation. CBO estimates that my amendment project may at some point in the fu- Mr. HEFNER. Mr. Chairman, I yield 5 saves $14 million in budget authority ture be included in some way as part of minutes to the gentleman from Ala- and $2.2 million in outlays. the military construction appropria- bama [Mr. BROWDER]. I would like to close, Mr. Chairman, tion? I intend to continue to work with Mr. BROWDER. Mr. Chairman, I by reading one paragraph from a letter the authorizing committee of both thank the gentleman for yielding time from the Citizens Against Government Houses, and I hope we will be able to to me. I would like to also congratu- Waste. This letter is just issued today, work together to ensure that projects late the gentlewoman from Nevada the Citizens Against Government such as this are included in the con- [Mrs. VUCANOVICH] for her leadership in Waste. They say: struction improvements put forth in the presenting of this appropriation Finally, in the case of the land acquisition fiscal year 1996 by this legislation. bill. for yet another Army museum, we move to Mrs. VUCANOVICH. I would like to Mr. Chairman, I am offering an an unusual military theater of operations, assure the gentleman that we under- amendment regarding the appropria- the theater of the absurd. This will be Army stand his concern and will continue to tions of $14 million for an Army mu- museum number 49. How many museums do look into this matter. If the gentleman seum, or for land to buy, to purchase we really need while we’re going another $180 will keep us informed of his efforts billion in debt next year? land that the Army museum will be with the authorizing committee, we built on. That is the issue here. ‘‘Moreover,’’—Mr. Chairman, I wish will work together to try and find a so- Let me tell the Members what this is we would pay attention to this, this is lution. not about. This is not about Democrat the Citizens Against Government Mr. MOORHEAD. I thank the gentle- versus Republican. This is not about Waste—‘‘we believe there are questions woman very much. Mrs. VUCANOVICH. Mr. Chairman, I whether you are pro-defense or anti-de- of impropriety in a building site buy- yield 3 minutes to the gentleman from fense. We have good people who are for out that looks likes a bailout of a Alabama [Mr. CALLAHAN], vice chair- this bill and for this museum. major corporation with taxpayer dollars.’’ I hope that the Members of this man of the subcommittee. b 1200 body will pay attention to this. (Mr. CALLAHAN asked and was given permission to revise and extend There are some good people who are If we need a new museum, it should be paid for by private funds, and not his remarks.) championing this. The question here is Mr. CALLAHAN. I thank the gentle- now when we are telling the taxpayers do we need to be spending taxpayer dol- woman for yielding me the time. lars for this purchase at this time? we have got to dig deeper, and we are Mr. Chairman, I want to compliment There are several reasons why I telling the men and women in the mili- the gentlewoman from Nevada [Mrs. tary that we can’t help them with the think that we should oppose this pur- VUCANOVICH] as well as the gentleman readiness any more or with housing chase: from North Carolina [Mr. HEFNER] for First, the Army already has 48 muse- any more, but we can do this. I think the professionalism they have dis- ums in the United States. I ask them we should stop talking to the generals played in handling this bill. in hearings, do you have any other mu- and start talking to the men and The gentlewoman from Nevada has seums? They tell me we have 48. But women in our military, and start talk- taken members of her subcommittee they want one here in the Washington, ing to the American taxpayer. all over the country and all over the DC area so that they can have it in the Mr. MOORHEAD. Mr. Chairman, will world looking at the terrible condi- monument corridor. I don’t think we the gentlewoman from Nevada, distin- tions our military people are living in. need a 49th museum at this price to the guished chairman of the Subcommittee The trips she took us on were not taxpayer. on Military Construction of the Com- pleasurable trips because we had to Second, in effect we are doing this mittee Appropriations, yield for a col- face the families of American service- spending for a museum that does not loquy? men who live in these squalid condi- contribute to national security, and we Mrs. VUCANOVICH. I will be very tions. We had to look at broken pipes, are doing it with money that we do not happy to yield to the gentleman. and electrical connections that were have, since we are running the deficit Mr. MOORHEAD. Mr. Chairman, I even dangerous. deeper for this purpose. commend the gentlewoman for her ef- It is ironic that this time last year Third, in a time of budgetary re- forts in the military construction ap- when this bill was before the House, straint, it is unreasonable to make this propriations bill to put forth a military there was very little controversy. I do expenditure of public funds when pri- construction program that will in- not think there is going to be a big vate donations sufficient to cover the crease the quality of life for our mili- controversy on the fact that we are purchase are apparently available and tary troops as well as revitalize our na- trying to better the quality of life for are a more appropriate source of fund- tional security posture. the men and women who protect us in ing. I would like to reiterate the concerns the military. It has been said that this is not going I have already expressed about the U.S. Ironically, last year the only debate to cost the taxpayer dollars because it Marine Corps Reserve Center in my dis- we had on housing was whether or not is going to come from private dona- trict in Pasadena, CA, which is the to give the Russians over $150 million tions. I imagine that is going to be a home of the 4th Low Altitude Air De- to build houses for their retired mili- tax-exempt private entity that is going fense Battalion, a frontline unit, sev- tary officers. It is great that this year to be doing this, so the taxpayers are eral units of which were mobilized in instead we are concentrating primarily going to be underwriting it. Plus, the Desert Storm. Here is a perfect exam- on one of the most important things taxpayers are being asked to spend $14 ple for a center which is run down, old, that this Congress can do, and that is million to buy the land. I ask, the $70 and probably unsafe. to show the men and women who have million that they are going to raise In my discussions with the Marine come to us, and all the officers and all privately to pay for the museum, why Corps, they have expressed a desire to the people that represent the Govern- can we not use that money to buy the stay in Pasadena if we could dem- ment that have come to us and told us, land? onstrate to them that we could solve ‘‘We need to recognize this tremendous Next, should the Army, in fact, be their concern about inadequate and di- dilemma we are in and we need to do unable to raise these private contribu- lapidated facilities. The city of Pasa- something about it.’’ June 16, 1995 CONGRESSIONAL RECORD — HOUSE H 6061 This bill does just that. It is a com- Our military is in transition. It is no longer The money has been authorized. It is pliment to the ranking member and to primarily made up of single men living in the not going to any kind of pork project. our chairwoman and this brilliant staff barracks. We have to get it now. It is a small she has assimilated in order to draft We have far more servicemembersÐmen downpayment on what will serve this this legislation. Let me tell you, the and womenÐwho have families and children. country into perpetuity. Nation should be proud. Their housing needs are obviously different Mr. Chairman, we have 48 museums I know that every person in the mili- from those of people who served in the mili- around the country, I grant you that, tary who is watching this program tary even a few short years ago. but they are small museums, built for today is going to be appreciative of We have an obligation to keep up with this specific purposes. There is no national what we are doing for them and appre- transition by ensuring that the great people Army museum. In fact, the 20 million ciative of the fact that the entire effort who serve in the military have quality housing. people that come to the Nation’s Cap- of this measure is to better their living These issues are so important that I ask ital are going to realize the history of conditions and to ensure they have a you: Oppose any effort to reduce our commit- this country when they go to this safe and a pleasurable place to live so ments to better housing. Army museum, and all of us are going they can do what they are supposed to Our military people and their families de- to be proud for the vote that we take be doing and not worrying about serve the best we have to offer. today to protect this money, to make whether or not their family is safe at Mr. HEFNER. Mr. Chairman, I yield 5 this small down payment. home or whether or not their roofs are minutes to the gentleman from Vir- There is no other way that we can leaking. ginia [Mr. MORAN]. show the 500,000 artifacts that have I compliment all of you today. I am Mr. MORAN. Mr. Chairman, I thank been created throughout our Nation’s proud to be a part of this subcommit- my good friend, the gentleman from history, 220 years of collecting these tee that has drafted this legislation. I North Carolina, for yielding me the priceless artifacts. We have got the know that my colleague from Alabama time. Spanish American War uniforms, 19th is concerned about minor parts of this Mr. Chairman, I appreciate the per- century brick casements with 32- bill, but let me tell all Members, this is spective of my friend, the gentleman pounder guns. We have got a signal flag a good bill just the way it is written from Alabama. In fact, if the informa- that was used at Little Round Top dur- and I think we ought to adopt it just tion that he believes to be the case ing the Battle of Gettysburg. the way it is written. were true, I would agree with him that The purpose of this is to instill great- I thank the chairwoman for giving we ought not go forward and build a er citizenship among the people who me the opportunity to express this, and surplus museum that represents a cor- visit the Nation’s Capital, and in fact thank the chairwoman and the ranking porate buyout, but that is hardly the to provide the Army with the kind of member for their compassionate under- case. It could not be further from the pride and esprit de corps that they de- standing of the needs of these great case, in fact. serve. All those families and relatives men and women who serve us so well. The reality is that this is a one-time and friends of people who have served opportunity, once in our lifetimes, Mr. HEFNER. Mr. Chairman, I yield in the Army ought to have that oppor- probably in the history of our capital such time as he may consume to the tunity when they come to the Nation’s area, where we have one last oppor- gentleman from Texas [Mr. STENHOLM]. Capital, to see these priceless artifacts, tunity to purchase the last major site (Mr. STENHOLM asked and was to see the development of the United in what is called the monumental cor- given permission to revise and extend States Army, to recognize the impor- ridor. his remarks.) tance we put on those people who have There is one last site left. It is kitty- served this country. Mr. STENHOLM. Mr. Chairman, I corner to the Jefferson Memorial. It is rise in support of H.R. 1817, and com- In fact, we have more people who on the gateway into the Capital. It is served in the United States Army than mend the chairwoman and the ranking on line with the Washington Monu- member for their outstanding work. any of the other services, and none of ment and Jefferson Memorial, and the the other services obviously are op- Mr. HEFNER. Mr. Chairman, I yield private corporation that owns it wants such time as he may consume to the posed to this. But we need to educate to build high-rise office buildings on it. our citizens as well. People are losing a gentleman from Virginia [Mr. SISISKY]. That is where the money is, that is (Mr. SISISKY asked and was given sense of history in this country. That where the profit is. If we do not act is one of the reasons we are losing permission to revise and extend his re- right now, they will do just that. marks.) some of our civility, as well, as a soci- Every time we drive into the Na- ety. Mr. SISISKY. Mr. Chairman, I support the tion’s Capital, we see these big cor- military construction appropriations bill, and porate office buildings at the edge of b 1215 particularly its commitment to family housing the river just before we cross the Poto- This museum will show our Nation improvements. mac River, we will know that that is what people sacrificed to bring us to In this aspect, the bill dovetails perfectly the site where we should have the U.S. where we are. And much of that sac- with what we have already passed in the De- Army Museum. rifice occurred within the ranks of the fense authorization bill. We have to act now. We cannot wait United States Army. That should be no surprise, because mem- to raise private funds. That is what the We have compelling reasons to keep bers and staff of both committees have Army would prefer to do. They do not this money in, and I would urge my worked very closely on this. As a result, both want to have to pay for this with pub- colleagues to defeat the Browder bills fund family housing above current levels, lic funds, even though the other serv- amendment, to leave the small amount as well as above the administration request. ices pay for their national museums of money in. All of us have been concerned about mili- with public funds, and every other Na- Mrs. VUCANOVICH. Mr. Chairman, I tary family housing problems over the last few tion has an Army museum that they yield 2 minutes to the gentleman from years. have paid for with public funds. We Mississippi [Mr. WICKER], a member of This is a critical component of readiness need public funds only for the site ac- our subcommittee and president of the and quality of life that has not always had suf- quisition, because it has to be done im- Republican freshman class. ficient attention. mediately if we are to preserve this Mr. WICKER. Mr. Chairman, I thank As outlined in my committee's report, we site. That is why we need it. the chairwoman for yielding me this believe there are critical shortfalls in both qual- The Army is going to raise $72 mil- time. ity and quantity. lion. We are not asking for the money I rise in strong support of the mili- Modernization and new construction have to build the U.S. Army Museum. We tary construction appropriation bill, not progressed at the pace necessary to main- are only asking for the money we need and I want to take special note of the tain our normal high standards. right now. In fact, it is less money than fact that every single dollar contained Another aspect of the issue is that the All- the administration requested and was in the bill is for authorized projects. Volunteer Force creates different kinds of authorized this past week in the na- In addition, the budget resolution set housing needs. tional security authorization. a funding goal for this appropriation H 6062 CONGRESSIONAL RECORD — HOUSE June 16, 1995 and the bill meets that goal. I hasten in the world. But we cannot afford to Today we have an opportunity to do to add that this appropriation bill is do everything that each of us would that. The bill before us includes a des- part of an overall spending plan that like to do. The question is where do we perately needed $4.3 billion for military gives us a balanced budget by the year draw the line? How do we draw the family housing. This funding is in- 2002. line? And I submit, Mr. Chairman, that tended to help address the severe short- The bill provides funding for military we need to draw the line in consulta- age of adequate military housing that housing, airfield construction, infra- tion with the President and using com- exists today—a shortage that affects structure, for NATO, and base realign- mon sense. some 300,000 military families. ment and closure. Is a museum something that we can In my district, Naval Station Our bill provides $4.3 billion for fam- afford when we are trying to balance Mayport has not seen an investment in ily housing, an area where, sadly, Con- the budget? If that museum is on a site new or renovated housing for 11 years. gress has proven to be far shortsighted owned by the private sector and that Some 1,300 military families—roughly over the past few years. We intend to site has been valued at just over $10 8,000 military personnel and their de- make up for that oversight today. million by the assessor in Virginia, pendents—are waiting for base housing The men and women to serve in our why are we prepared to pay $14 million that is not available. Armed Forces, Mr. Chairman, have to the private landowner? As one chief petty officer at Mayport truly earned the right to a decent place If we have housing facilities that are recently said about living on-base, to sleep and eat and their husbands, costing more than $200,000 a unit, let us ‘‘when I’m gone for six months wives, and children who are left behind ask: Is there not a way that we can do straight, the base is its own little com- when they are called away at a mo- this better? munity, totally self-sufficient with ev- ment’s notice also have earned the If we have facilities that are being erything my family needs, and an ex- right to expect better treatment from built at bases and these facilities have cellent security force. There is . . . a their Government. not been requested by the Defense De- support system for my family while Further, it is true that our appro- partment and by the administration, I’m gone.’’ priation exceeds President Clinton’s re- why do we need to do them this year? Mr. Chairman, I hope my colleagues quest by $208 billion. Mr. Chairman, we These are examples of things that are will not continue to shortchange our do not have to be ashamed that we are in this bill that we need to eliminate. military personnel and their loved ones demonstrating a greater commitment We need to send a message, not only today by opposing this legislation. I than the President has to the quality to those men and women in this body urge their support for this bill. of life of those who serve in our Armed that are composing the appropriations Mr. HEFNER. Mr. Chairman, I yield 3 Forces. The committee simply put a bills, but to the rest of the Nation, that minutes to the gentleman from Texas higher priority on military quality of balancing the budget is a top priority. [Mr. EDWARDS]. We cannot afford to increase by 28 life than the President did. That is Mr. EDWARDS. Mr. Chairman, I first percent military construction from nothing to back down from. would like to speak out in strong sup- In conclusion, Mr. Chairman, let me 1994 to 1995, we cannot afford to in- port of this legislation. As someone say this is a good bill. We have based it crease by $500 million military con- who represents 45,000 Army soldiers, I on sound principles. And I remind my struction in this bill over and above want to say thank you to the gentle- colleagues again that every single dol- what the Defense Department and the woman from Nevada [Mrs. VUCANO- lar appropriated has been authorized. White House has requested. The committee has prioritized the Mrs. VUCANOVICH. Mr. Chairman, I VICH], the chairman of the subcommit- needs of our Defense Department and yield 2 minutes to the gentlewoman tee, and the gentleman from North Carolina [Mr. HEFNER], the ranking those who serve in uniform and their from Florida [Mrs. FOWLER], a member families. I encourage my colleagues to of the Committee on National Secu- member, for having made a commit- support this bill and urge my col- rity. ment to provide the quality of life for leagues to vote aye on final passage. Mrs. FOWLER. Mr. Chairman, I rise our military families that they so Mr. HEFNER. Mr. Chairman, I yield 3 in strong support of the military con- greatly deserve. minutes to the gentleman from Min- struction appropriations bill. I would also like to speak out against nesota [Mr. MINGE]. This bill mirrors the authorization the Browder amendment, which would Mr. MINGE. Mr. Chairman, we are in bill we passed yesterday, providing a strike the funding for any Army Mu- a situation here in the summer of 1995 much-needed boost to our military’s seum. where we are attempting to figure out quality of life. I sometimes vote with Citizens how will we balance the budget. We had For years, one administration after Against Government Waste; I often- the fortunate occurrence earlier this another has scrimped on the quality of times vote with that organization. But week with the President making a life of our troops to pay for other prior- I take offense that they would call the commitment to join with Congress to ities. In addition, we have been invest- proposed National Army Museum a balance the budget in a time certain. ing large sums in recent military con- theater of the absurd. For any organi- This exercise is not going to be easy. struction bills to accommodate the zation to call a museum that would be It is going to require sacrifice in all base closure process. In fact, some 35 a tribute to the hundreds of thousands areas of the country, in all activities percent of this bill goes to base closure. of men and women who served our Na- that the Federal Government sponsors. While base closure investments will en- tion and been willing to put their lives And if we do not truly have shared sac- able military consolidations that will on the line for our freedoms, for them rifice, we sap, we undermine, the will- reap significant dividends down the to call such a tribute to those men and ingness, the ability of others in this road, they also have had the effect of women that is absolutely unfair and great Nation to join in this deficit-re- further squeezing our military person- unconscionable. duction budget-balancing effort. nel. The shortchanging of these person- What is a museum? I think a museum This is the first of several appropria- nel is finally coming home to roost. is an education tool. In the case of the tions bills to come before the U.S. Today, 60 percent of our military per- Army Museum, it could be a retention House of Representatives. The question sonnel are married, versus 40 percent tool. It could be a source of pride for I submit is not really can we justify, only 20 years ago. Quality of life issues every young man or woman serving in one way or another, individual projects matter more and more. When coupled the U.S. Army today or any person who in this bill which are being identified with the strains of extended deploy- has ever served in the U.S. Army. for elimination. To be sure, we can. ments and uncertainties about mili- Now, people can poke fun at muse- All of us like museums. All of us like tary careers, substandard housing and ums and make them sound like pork- to welcome guests to our Nation’s Cap- other deficiencies mean that too many barrel projects. I want to tell the Mem- ital and point out the fine features. All of our most talented military person- bers, of all the experiences I have had of us want to support our men and nel are voting with their feet and leav- in Washington, DC, perhaps none has women in the Armed Forces. ing the military. We must act if we been more meaningful to me personally All of us want to make sure that we want to ensure that our fighting forces than the 31⁄2 hours I spent one day with have bases that are the best equipped remain the best and the brightest. my wife in the Holocaust Museum, for June 16, 1995 CONGRESSIONAL RECORD — HOUSE H 6063 it was through that experience that a development center to provide child committee, which I have been a mem- citizen of this country, born after the care for over 300 children. Although ber of for 17 years. He says, ‘‘I am here end of World War II, learned firsthand there is a lengthy waiting list, the cur- to talk about what we have got to do to of the horror of World War II and the rent facilities at West Point accommo- keep people in the services, and if we horror of tyranny at its worst at the date just over one-half that amount. continue to let these facilities get hands of Adolf Hitler. The present child development center worse and we do not deal with these The Holocaust Museum did not glo- is a 3-floor warehouse constructed in problems in housing, physical training, rify war and it did not glorify the Holo- 1885, 100 years ago. The part-day pre- all of these things that are important caust. Rather, it showed me and the school is located in a World War II-era to the modern-era sailor and the mod- thousands of schoolchildren who have wood building. Both facilities have ern-era person in the military, then visited since that our Nation must do structural problems that are simply to they leave the services.’’ everything possible to see that some- uneconomical to repair. Clearly, those So I urge today that we support this thing like that tragedy never occurs working to prepare the U.S. Army’s fu- bill, that we oppose the amendments again in the history of this world. ture leaders deserve the peace of mind that are aimed at taking out housing I believe an Army Museum can serve of knowing that their children are re- and training facilities, foundry at the same purpose. Such a museum ceiving quality child care, in decent fa- Philadelphia, so essential to maintain- would not glorify war, it would glorify cilities. ing some ability in the Government those who sacrificed their full measure Mr. Chairman, H.R. 1817 provides sector to producing propellers that is of devotion to see their country can vital funding to improve the child de- crucial to doing that important kind of have the opportunities and the free- velopment center problem at West work. doms that you and I enjoy today. Point and numerous other military fa- Let us support the committee and Such an Army Museum would also cilities throughout the Nation. It also vote down these ill-considered amend- educate millions of young school- addresses the housing crisis through- ments. children, 4 million of whom come to out the Department of Defense in a Mrs. VUCANOVICH. Mr. Chairman, I this Nation’s Capital each and every reasonable, fiscally responsible man- yield 1 minute to the gentleman from year, and education those children that ner. All of the projects in the bill have New Jersey [Mr. SAXTON], a member of our Nation must do everything possible been authorized and the total appro- the Committee on National Security. to see that we prevent war, that war, in priation is consistent with the budget (Mr. SAXTON asked and was given fact, is not a glorius thing as some- resolution that this Chamber passed. permission to revise and extend his re- times it is shown to be on television, Without the funding provided by this marks.) but war is a devastating experience to bill, we run the risk of eroding the Mr. SAXTON. Mr. Chairman, I rise in all those involved with it and all those readiness and morale of our troops. We strong support of the 1996 military con- affected by it. cannot allow that to happen. I urge my struction appropriations bill. I want to So, Mr. Chairman and Members, I colleagues to support the bill. Our serv- commend both Chairwoman VUCANO- urge support not only for this legisla- ice men and women deserve nothing VICH and Chairman HEFLEY for their tion, but I would request your vote less. against the Browder amendment. Our fine work. b Nation and our Army soldiers deserve a 1230 In particular, I want to commend the National Army Museum. Mr. HEFNER. Mr. Chairman, I yield 3 two chairs for their initiative in ad- Mrs. VUCANOVICH. Mr. Chairman, I minutes to the gentleman from Wash- dressing what we all agree is a tremen- yield 2 minutes to the gentlewoman ington [Mr. DICKS], who is a member of dous problem, the widespread shortage from New York [Mrs. KELLY]. the Committee on National Security. and poor condition of military housing. Mrs. KELLY. Mr. Chairman, I rise in (Mr. DICKS asked and was given per- In testimony before the milcon sub- strong support of H.R. 1817, the fiscal mission to revise and extend his re- committees this year, defense officials year 1996 Military Construction Appro- marks.) stated that, at current program levels, priations Act. This bill represents a Mr. DICKS. Mr. Chairman, I want to it will take years and in some cases reasoned approach toward addressing compliment our new chairman of the decades to provide sufficient housing to the shortage of quality housing within Military Construction Subcommittee our service men and women. As an ini- the Department of Defense. It also for the outstanding job that she has tial down payment toward addressing works to ensure the quality of life for done in this new responsibility. She this problem, this bill contains an addi- the men and women who serve in the has been a long-time member of this tional $425 million for the construction military. Approximately two-thirds of subcommittee, and the gentleman from and improvement to military housing the family housing units in the Depart- North Carolina [Mr. HEFNER], the rank- and troop housing. This addition will ment’s inventory are over 30 years old ing Democrat. allow for the construction of nearly and require extensive maintenance. For many years, I served on the Mili- 1,200 family housing units, 20 new bar- Furthermore, roughly one-half of all tary Construction Subcommittee and racks, as well as substantial renova- military barracks are also over 30 we had cut to a minimum, and I think tions to family and single family hous- years old, with an average age of near- cut too deeply, into the funding for ing. ly 40 years. We should not expect the military construction and for quality I know that the construction of roads brave men and women in our Armed of life, and if we are talking about the and buildings does not grab the head- Forces to live in these conditions. readiness and the training of our peo- lines like weapons procurement or for- However, there is another compelling ple, you have got to have the physical eign policy debates. But for the young reason to support this bill. Recognizing facility on these defense bases. You soldier and his or her family who need the pressing needs of single military have got to have housing. You have got clean, affordable housing, this bill can parents, dual military couples, and to have the educational and training make a real impact in their daily life military personnel with civilian em- facilities. You have got to have phys- and may, in fact, make the difference ployed spouses, the Military Construc- ical training facilities. These things all as to whether they remain a ‘‘military tion Subcommittee more than doubled are important to the sailors, to the family’’ or leave the service. the funding for child development cen- Army, the Marine Corps people, and As a member of the National Secu- ters. This is a significant step toward the bottom line here is you can make rity Subcommittee on Military Instal- meeting the Defense Department’s es- some very big mistakes by cutting lations and Facilities, I have seen first tablished goal of providing quality back on these kinds of things, these hand the very real commitment to our child care. quality-of-life items. military of both Chairwoman VUCANO- Nowhere is this pressing need more What happens is the people then bolt, VICH and Chairman HEFLEY and the visible than at the U.S. Military Acad- and they leave the services, and you ranking members, Mr. HEFNER and Mr. emy, which is located in the district I have a major retention problem. ORTIZ. This bill reflects their wise lead- represent. H.R. 1817 provides funding I can remember Admiral Hayworth ership and I strongly encourage my for a single story, standard design child coming up in 1979 to the defense sub- colleagues to support it. H 6064 CONGRESSIONAL RECORD — HOUSE June 16, 1995 Mr. HEFNER. Mr. Chairman, I yield 2 and it was put together by a chair- Committee on the Budget, and as such minutes to the gentleman from Mis- woman whose only concern is produc- have spent the last few months work- souri [Mr. SKELTON]. ing the best possible bill. ing on the budget and cutting spend- Mr. SKELTON. Mr. Chairman, I have I am as tough on unnecessary mili- ing, et cetera. before me a letter from the Council for tary spending as any Member of this I have a question on one of the Citizens Against Government Waste. In Congress, but the facts concerning the amendments today relative to two par- this letter, there is a description of the critical needs in this area speak for ticular requests that I understand were proposed Army Museum as ‘‘the thea- themselves. not requested by the military, by the ter of the absurd.’’ Mr. Chairman, Thanks to Chairwoman VUCANOVICH, Navy, in the appropriations bill. One of every American should resent those the families of pilots who fly in the them is $6 million for a foundry ren- words. 185th will not have to worry whether ovation and modernization in a ship- I was privileged to be part of the con- their loved ones will be working under yard which had been closed by the Base gressional delegation that represented unsafe conditions any longer. Closing Commission and, as I said, was I applaud her work and support this America at the D-day commemoration not requested. The other is $10.4 mil- last year, the hundreds of graves near bill. Mr. HEFNER. Mr. Chairman, I yield lion earmarked for a physical fitness Normandy. center in another shipyard that al- I have also been, years ago, to the myself such time as I may consume. I support this bill, and I will oppose ready has a physical fitness center. So, scene of another army defense, a place amendments to this bill, and I plan to since the Navy did not request this, my called Corregidor. vote against the Browder amendment question, very simply, is: I would like And for someone to write the words to cut funds for the museum. to ask that this amendment be sup- ‘‘the threater of the absurd,’’ when you But I would like to make a couple of ported for eliminating these two wish to commemorate brave and out- statements. I have been, or was, chair- projects. standing heroism of the past, is absurd man of the military construction for Mrs. VUCANOVICH. Mr. Chairman, I itself. many, many years. With my ranking yield 30 seconds to the gentleman from Those men and women who wear uni- minority member at the time, the gen- Florida [Mr. STEARNS]. forms today and have worn the uniform tleman from Ohio [Mr. REGULA], we Mr. STEARNS. Mr. Chairman, I rise in the past make it possible for people started this quality-of-life movement. today in strong support of H.R. 1817, like this to write words like this in a Many years ago we visited bases all the Military Construction Appropria- free land. over this country and we found conditions Act. Allow me first to congratu- Mr. Chairman, in a larger sense, tions that these people were living in late the chairwoman on her hard work. someone a few moments ago spoke of were atrocious. This bill is about quality of life for our sacrifice. Let us not forget we ask sac- I would just like to make this point: members of the armed services. rifice of the young men and young I wish over the years that across the H.R. 1817 employs sage and sound rea- women in uniform. river the higher-ups and the generals soning. Everything contained in this For them to live in substandard would have made as much a priority of bill was authorized, and is fully con- housing is wrong. It is a disgrace. We quality of life for our men and women sistent with the House-passed budget should give them the very best that we in the service as they have gone to bat resolution. But more importantly, this possibly can. for this museum that we are consider- bill addresses the crisis of military fa- Mrs. VUCANOVICH. Mr. Chairman, I ing here today. yield 1 minute to the gentleman from cilities. The main concern of this legis- As chairman of this committee, I relation, as should be the case, is the Iowa [Mr. LATHAM]. member years ago we did one museum (Mr. LATHAM asked and was given quality of life for the men, women, and for the Navy, and it was all paid for out their families, who serve in the Armed permission to revise and extend his re- of private funds. There were no tax- marks.) Forces. This is not a pork bill. payers’ money involved. This is a necessary bill. The past dec- Mr. LATHAM. Mr. Chairman, I rise I guess what I just would like to say in strong support of the bill. ade of declining defense budgets have is that I am glad we are moving in the come at a steep cost. Readiness and In the past several months, I have direction we now have on our commit- worked with both the Authorizing and morale have suffered drastically. H.R. tee. We have a committee here that 1817 addresses this concern—300,000 Appropriations Committees on this bill looks after the living conditions of our and have been extremely impressed military families lack adequate hous- men and women in service, and I would ing. Nearly two-thirds of all on-base with their professionalism and com- just hope that our generals in the Pen- mitment to producing a bill that pro- housing is substandard. It is important tagon, both active and retired, would to note that a full 40 percent of all vides the greatest possible quality of put as much a priority on the quality life improvements for our military per- funds in this bill will go directly to of life for our men and women in the family housing. sonnel and their families. service, as they do for a shrine here in In addition, this bill contains important and I am curious about the concerns of Washington for the exploits of our necessary funds for Camp Blanding, a Na- the sponsors of the amendments to this brave servicemen over the years. bill based on my experiences with these I plan to reluctantly vote against tional Guard installation in my district, as part two committees. While I am not a this particular amendment from the of the funding for critical construction projects. member of either the National Secu- gentleman from Alabama. But I just These projects are required and necessary. rity Committee or the Military Con- wanted to say those few words because They would be used to replace the waste struction Subcommittee, nor is anyone it perturbs me when I see the emphasis water treatment system, which was built in the from the State of Iowa. being so much on this one particular late 1930's. The existing system has already However, when the community of issue, while over the years the quality been in service for 15 years past its life ex- Sioux City presented the committee of live has been ignored before this pectancy. Furthermore, Camp Blanding has with the critical need for resurfacing committee over many, many years. been issued a letter of noncompliance by the the runway used by the 185th Air Na- Mr. Chairman, I yield back the bal- Department of Environmental Regulation for tional Guard—a runway that is almost ance of my time. inadequate chlorine residuals. Their water ex- 10 years overdue for reconstruction— Mrs. VUCANOVICH. Mr. Chairman, I ceeds the national secondary drinking water the committee listened to the case, yield 1 minute to the gentlewoman regulation's maximum contamination level for agreed it was a priority, and included from North Carolina [Mrs. MYRICK]. iron. Mr. Chairman, the amazing thing is that it in the bill. Mrs. MYRICK. Mr. Chairman, I stand Camp Blanding is not an aberration, but typi- The Military Construction Appro- today as a strong supporter of the mili- cal of bases across the country. At the very priations Committee evaluates projects tary and of our national defense. I have least, our fighting forces needÐthey de- on their merits. Sometimes that might a brother and a father who are retired serveÐaccess to clean drinking water. result in a few changes from the ad- military. The military value of such projects should ministration’s request, but this bill is I also will support final passage of be obvious. Camp Blanding's inadequate fa- under budget, it is properly authorized, the bill. But I am a member of the cilities must be upgraded to meet military and June 16, 1995 CONGRESSIONAL RECORD — HOUSE H 6065 environmental standards. But more impor- Committees on Appropriations of both agree that $2 million an acre is a bit tantly, Camp Blanding's facilities must be up- Houses of Congress of his determination and too much. Not only does this land ac- graded because we owe it to our Nation's sol- the reasons therefor. quisition cost the taxpayer, it denies diers. They should not be forced to live in sub- AMENDMENT OFFERED BY MR. HERGER private ownership and decreases reve- standard and inadequate quarters. Mr. Chair- Mr. HERGER. Mr. Chairman, I offer nues by taking the property off the tax man, we need to send a message to our an amendment. rolls. forces that we care, that they are important to The CHAIRMAN. The Clerk will des- The Federal military already owns us. Mr. Chairman, we cannot afford not to ignate the amendment. almost 650,000 acres of land when only pass this bill, for projects like Camp Blanding The text of the amendment is as fol- 7 of which is needed for the museum. In and all the other bases in similar positions. lows: fact, right here in the Washington This legislation is necessary for the readi- Amendment offered by Mr. HERGER: Page 2, area, we have Fort McNair, Fort ness and morale of our Nation's troops. We line 12, strike ‘‘$625,608,000’’ and insert Meyer, and the property surrounding must pass this legislation to improve the qual- ‘‘$611,608,000’’. the Pentagon that could be used to es- ity of life for our soldiers. They deserve our re- The CHAIRMAN. The gentleman tablish this museum. Mr. Chairman, I spect; they have earned it. I urge my col- from California [Mr. HERGER] is recog- also understand that there may be a leagues to support this bill. It contains sound nized for 5 minutes in support of his Federal department or two available in principles and strong medicine for an ailing amendment. the near future. But my point is, I find and antiquated base structure. Mr. HERGER. Mr. Chairman, I rise to it difficult to believe that the Army Mr. Chairman, I urge an `àye'' vote on final urge my colleagues to support this cannot find 7 acres somewhere in this passage. amendment to the Army’s military country that would adequately accom- Mrs. VUCANOVICH. Mr. Chairman, I construction budget. modate the building of a museum. I do yield 30 seconds to the gentleman from Mrs. VUCANOVICH. Mr. Chairman, not see why we should spend additional Pennsylvania [Mr. FOGLIETTA]. will the gentleman yield? taxpayer dollars to purchase more land Mr. FOGLIETTA. Mr. Chairman, I Mr. HERGER. I yield to the gentle- when plenty of Federal property is al- rise to correct a statement made by woman from Nevada. ready available. the gentlewoman from North Carolina, Mrs. VUCANOVICH. Mr. Chairman, I If this Nation is to ever reduce the who stated that a $6 million project is ask unanimous consent that all debate size of Government, then this Congress being appropriated for a navy yard in on this amendment and all amend- has to control spending where we can. Philadelphia which is being closed. ments thereto close in 20 minutes. Mr. Chairman, this amendment does precisely that. It cuts unnecessary The fact is the navy yard itself is b 1245 scheduled for closure, but the propeller Federal spending and sends a clear shop and foundry is not scheduled. This Mr. NADLER. Mr. Chairman, I will message to all Federal agencies, that is what this $6 million is for, improve- object. this Congress is committed to not ments to that facility, which is going Mr. HEFNER. Reserving the right to making the Federal Government any to remain open and which is needed by object, Mr. Chairman, could the gentle- larger than it already is. Why should the Navy. woman withhold that request until the we allocate scarce taxpayer dollars for Mrs. VUCANOVICH. Mr. Chairman, I gentleman finishes his remarks and I more land instead of utilizing abundant yield back the balance of my time. can find out how many Members want existing lands. It simply does not make The CHAIRMAN. All time for general to speak on this bill? fiscal or common sense. I urge my col- debate has expired. Mrs. VUCANOVICH. Mr. Chairman, leagues to save taxpayer dollars and During consideration of the bill for will the gentleman yield? vote in favor of this amendment. amendment, the Chairman of the Com- Mr. HEFNER. I yield to the gentle- Mr. BROWDER. Mr. Chairman, I mittee of the Whole may accord prior- woman from Nevada. move to strike the last word. ity in recognition to a Member offering Mrs. VUCANOVICH. Mr. Chairman, I Mr. Chairman, I rise in support of an amendment that has been printed in am very happy to do that, and we will this amendment. My friend, the gen- talk about it in between times. the designated place in the CONGRES- tleman from California [Mr. HERGER], Mr. NADLER. Mr. Chairman, I will SIONAL RECORD. Those amendments has offered his amendment which is will be considered as having been read. object to it. similar to the Browder amendment. It The Clerk will read. The CHAIRMAN. The request is with- is the same amendment. We are both The Clerk read as follows: drawn. supporting this amendment. The Chair recognizes the gentleman H.R. 1817 Mr. Chairman, let me make it very from California [Mr. HERGER]. clear we have heard some very impas- Be it enacted by the Senate and House of Rep- Mr. HERGER. Mr. Chairman, I rise to sioned pleas today which the gen- resentatives of the United States of America in urge my colleagues to support this Congress assembled, That the following sums tleman from California [Mr. HERGER] are appropriated, out of any money in the amendment to the Army’s military and I will agree that we want to honor Treasury not otherwise appropriated, for the construction budget. This amendment American men and women who have fiscal year ending September 30, 1996, for eliminates $14 million in taxpayer dol- served in our military. We are very military construction, family housing, and lars to purchase 7 acres of private land concerned about this. But what we are base realignment and closure functions ad- for the purpose of building a national saying is that there is a way to do this ministered by the Department of Defense, army museum. without having American taxpayers and for other purposes, namely: Mr. Chairman, let me be clear, we spend this money that increases the MILITARY CONSTRUCTION, ARMY should always strongly support our national debt for a museum that is the For acquisition, construction, installation, military, and I will continue to do so. 49th museum in the United States. We and equipment of temporary or permanent This amendment does not, in any way, have plenty of space for this. public works, military installations, facili- move to belittle the brave Americans Let me point out a few things: ties, and real property for the Army as cur- that served or trivialize the tremen- rently authorized by law, including person- First, the Army already has 48 muse- nel in the Army Corps of Engineers and dous sacrifices that they have made for ums in the United States. They have other personal services necessary for the this country. Indeed, I support the them up here in this area. This land is purposes of this appropriation, and for con- building of the A museum dedicated to not necessary to have a museum in the struction and operation of facilities in sup- the soldiers of our Nation’s Army—I Washington area. port of the functions of the Commander in simply believe it should be built on ex- Second, in effect we are spending this Chief, $625,608,000, to remain available until isting Federal lands. money that we do not have for a mu- September 30, 2000: Provided, That of this The issue here is not whether the seum that would be the 49th museum. amount, not to exceed $50,778,000 shall be museum should be built, but rather Third, in a time of budgetary re- available for study, planning, design, archi- tect and engineer services, as authorized by where it should be built and more im- straint it is unreasonable to make this law, unless the Secretary of Defense deter- portantly can the Federal Government expenditure of public funds when pri- mines that additional obligations are nec- afford the $14 million price tag. I be- vate donations sufficient to cover the essary for such purposes and notifies the lieve the American taxpayer would purchase are apparently available. H 6066 CONGRESSIONAL RECORD — HOUSE June 16, 1995 Fourth, if we do spend this money to will facilitate access for 1 million visi- legislator should possess is the ability get this land, it may be that we just tors each year. to separate emotions from merits, and add more land because we may not get Anticipated savings of $2 million per I would suggest that this amendment is the money from the private donations year will be realized by moving the a true test of that skill. I want to as- to buy it. Center of Military History from leased sure the Chair and the Members of this Fifth, the CBO estimates that my space into Army-owned space. body that I have the utmost respect for amendment saves $14 billion in author- The Army’s proposal is to acquire both the gentleman from Alabama, as ity and $2.2 million in outlays. this site with appropriated funds, and well as the gentleman from California. The Citizens Against Government to build the National Museum of the But I would also suggest that on this Waste have written to us today about U.S. Army entirely with donated funds. occasion we differ, because this amend- this issue saying we move through an It is the committee’s view that con- ment, while very long on emotion, Mr. unusual military theater of operations, struction of such a facility with Chairman, falls very short on the mer- the theater of the absurd. A museum is nonappropriated funds is entirely fit- its, and I wanted to associate myself not absurd, and men and women who ting, in recognition of the Army’s role with the words of the gentleman from have fought in the military are not ab- in the development of the Nation. Texas [Mr. EDWARDS] when he said that surd, but this money spent in this way Both the Army and the committee he respected the Citizens Against Gov- is absurd. How many museums do we have looked very hard at this land ac- ernment Waste. I am proud to say that really need when we are going $180 bil- quisition project, and the Army’s best I have earned their taxpayer hero lion in debt next year. estimate is that it can be accomplished award in the past. I have my little hat This is a very important amendment, for $14 million, rather than the $17 mil- that I like to wear on important occa- Mr. Chairman, and I really do wish lion that was requested. That estimate sions. But my respect does not cloak that people would talk to American is the basis for the committee’s rec- them in a gown of infallibility, and in- men and women and American tax- ommendation. deed on this issue they are dead wrong. payers rather than the generals who Mr. SKELTON. Mr. Chairman, I move Let me make just a few points about see this as an opportunity to put this to strike the requisite number of some of the things that we raised in monument here in this area, and there words. their letter that they circulated this is a better way of doing this, and we Mr. Chairman, I oppose the amend- morning. The first, that the Army al- can send that message to them now ment. We are speaking about a tribute, ready has 48 museums, is misleading at and tell them by doing this, by the tribute to soldiers. It is that simple. best. Most of these facilities are noth- way, we are creating this money that What we need to do is to purchase the ing more than a room set aside in some can be spent on family housing, that land so that donations across our coun- remote facility, some remote post can be spent on training, that can be try can build this museum as a tribute across the United States, same kinds of spent on impact aid for children or to our soldiers. rooms that are set aside in virtually some other source. I do not know I was struck by what the gentleman every branch of the military and can- whether it can be done in this budget, from Virginia said a few moments ago, not, by any reasonable stretch of the in this particular bill, but it can be that we are losing our sense of history. imagination, be considered a true mu- spent in other areas, and I urge support We in this country must regain that seums of the magnitude and scope that for this amendment. sense of history, particularly for the is considered here. The second is when Mrs. VUCANOVICH. Mr. Chairman, I young people, those who come to Wash- they suggest that there is an impropri- rise in opposition to the amendment. ington, those that wish to learn, those ety or a corporate bailout involved Mr. Chairman, the committee rec- that are impressionable, because, if here, and I think that kind of sugges- ommends approving this project, which they see what their forefathers, par- tion is simply outrageous. The fact of was included in the administration’s ticularly the soldier forefathers, the matter is that the Army studied budget request. thought the Army’s 220-year history this proposal very thoroughly. They General Sullivan, the Chief of Staff has done, has done for freedom, they considered 60 sites, and it should be of the Army, Lieutant General will have a better understanding of not noted that this proposal is not just en- Dominy, the Director of the Army just the Army, but of our Nation. dorsed by the Army. It is, in fact, en- Staff, and the Honorable Joe Reeder, We have an obligation to our sol- dorsed by the National Capital Plan- the Under Secretary of the Army have diers. We have an obligation to our vet- ning Commission. It is endorsed by the all relayed that this is the Army’s No. erans, and especially those Americans Commission on Fine Arts. It is en- 1 priority. They strongly believe that: who lost loved ones in uniform, to show dorsed by the National Park Service, The United States is the only major how America’s soldiers lived, and and to my friend from California who Nation that does not have a national served, and died for our Nation stated his concern about local tax base Army museum in its Capital. throughout the Army’s entire history. and tax revenues, it is also endorsed by The essence of the American Army is We have an obligation as well to en- Arlington County, which suggests that the citizen-soldier. The museum will sure that our society and the military perhaps Arlington County residents un- serve as a tribute to those people, tell- do not grow apart. There is a real prob- derstand very well the importance of ing the story of how they lived, served, lem should that happen. In 1950, there this facility. and died for the Nation throughout our were 3.9 soldiers for every 1,000. In 1996, Mr. Chairman, the reasoning of this history, and explaining the reasons for there will be less than 2 soldiers for amendment would have us believe that their sacrifice and the high cost of every 1,000 citizens. We need for Ameri- the Secretary of Defense, that the armed conflict. cans, young people and older folks as President of the United States, that They further point out that: well, who have no contact with our Na- the Secretary of Army, that the Chief It is important for the public to un- tion’s Army, to understand the role, of Staff of the Army, do not care about derstand the role and mission of a mili- and the best place would be in a mu- the welfare of men and women under tary force in a democracy, and the part seum of this sort. their command, do not care about the citizens play both by serving in the I oppose the amendment. importance of other issues and quality military and by monitoring our Armed Mr. MCHUGH. Mr. Chairman, I move of life. Forces. to strike the requisite number of The museum will have a distinct words. b 1300 military value, providing archival re- Let me start off by offering my con- Mr. Chairman, that kind of assertion search for military historians as well gratulations to the gentlewoman from is not just wrong, it is ludicrous, and it as daily support to the Army’s leader- Nevada [Mrs. VUCANOVICH] for a re- is an insult to those good men who ship. markable job in presenting a very fair have dedicated their lives to the serv- After a 10-year search and study of and balanced, and I think effective, ice of this country. over 60 potential sites, the Army has piece of legislation. This bill in its inclusion of funds for decided on a site within the extended Mr. Chairman, one of the more im- the National Museum for the U.S. monumental core of Washington, which portant skills, it seems to me, that any Army is a recognition that we need, June 16, 1995 CONGRESSIONAL RECORD — HOUSE H 6067 and we certainly deserve that kind of needs, it was a breath of fresh air. Fi- housing crisis. This crisis affects those facility, a place where America can go nally, someone at the Pentagon had who serve now, today. Programs to and pay homage and remember the sac- woken up to the fact that the housing help the increasing population of ado- rifice that other Americans have made of our troops is woefully inadequate. lescents are being eliminated. These for more than 200 years in the name of There is a $3 billion backlog for fam- kids are a part of the military family, liberty and freedom; a place to honor ily housing. The barracks deficit is $8.5 and they are struggling right now. and to ensure that we never forget the billion. The Pentagon says the Army’s I urge my colleagues to support the glory, we never forget the heroes, but, share of the barracks deficit will take Browder amendment and dedicate most importantly, we never forget the 23 years to eliminate. these funds to those serving in the sacrifices that are made to obtain and And then, there are the children of Army today. There will be a time to retain democracy. those military families who must live support this project, but it is not now To reject that need it seems to me, in the housing we provide. and it is not at this location. Mr. Chairman, is not an act in service When during subcommittee hearings, Mr. LIVINGSTON. Mr. Chairman, I to the U.S. Army. It is rather an insult I asked the Army what they were doing move to strike the requisite number of to every man and women who has ever for the adolescent children of military words. worn the uniform. families. I was informed that, for this (Mr. LIVINGSTON asked and was I have heard here today we should go year, there will be an $8.5 million pro- given permission to revise and extend and ask the men and women in the gram to provide school aged children his remarks.) Army what they believe. I have no and adolescents with activities tar- Mr. LIVINGSTON. Mr. Chairman, I doubt in my mind that, if asked, they geted to prevention of at-risk behav- rise in opposition to this amendment. would think and they would say very iors. It was requested by the U.S. Army. It clearly, this facility is a place that is The Army gave a glowing report of was the Army that said this was one of necessary and a place of reverence to computer centers, and sports programs their top priorities in order to provide democracy, and they would endorse it that were supported by this program. a place which pays tribute to the wholeheartedly. But there is always a last word. young men and women who have served Mr. VOLKMER. Mr. Chairman, will In this case, the final words were: so valiantly on behalf of this country the gentleman yield? ‘‘However, due to limited resources, in an Army uniform throughout the Mr. MCHUGH. I yield to the gen- the Army is not currently funded to history of this Nation. tleman from Missouri. continue these programs in fiscal year They said they wanted this money, Mr. VOLKMER. Mr. Chairman, I 1996 and beyond.’’ and this was with the blessing of the would say to the gentleman, as one This was, and I repeat was, an $8.5 administration. They said they needed who is a former member of the U.S. million program to help teens deal suc- $17 million as a top priority to pur- Army—— cessfully with the unique problems chase land which has become available Mr. MCHUGH. I am not, sir. they face as children of military per- by a willing seller in the National Cap- Mr. VOLKMER. I am. I wanted you sonnel. ital area, land that is within close to know I strongly support the amend- This was a program the Army chose proximity to this building. They said ment. You have asked one, I have told to highlight as a successful, unique that they are going to build a museum you. program for troubled adolescents. But funded with private dollars, not Fed- Mr. MCHUGH. Mr. Chairman, re- the Army’s limited resources are forc- eral dollars, but they need the start-up claiming my time, I would still sug- ing its closure. capital to acquire the land on which gest, in all reverence to the gentle- It is within this context that I sup- that museum would be located. man’s service, that I have an Army fa- port the Browder amendment and that They said they have been conducting cility with more than 30,000 people of I oppose the Army Museum project. a 10-year search, and that they believe Army service on it, and I have talked The Department’s request for the very strongly that on the heels of that to many of them, and they do support museum is $17 million. This request is search, with this land available and it. It is my belief that that in fact for land acquisition only—for 7 acres with private funds now in the pipeline would be almost unanimous across the only—that’s $2.4 million an acre. Are to build this museum, that they can in spectrum. I call for the rejection of these 7 acres plated in gold? fact do what every other service has this amendment. How the Defense Department can done, and that is build a National Mu- Mr. VISCLOSKY. Mr. Chairman, I with any clear conscience come to Con- seum to represent their service—the move to strike the requisite number of gress and discuss with us the emer- U.S. Army. words. gency of housing conditions, and at the I do not think it is an unusual or un- (Mr. VISCLOSKY asked and was same time request $17 million to pur- reasonable request. I agree with every- given permission to revise and extend chase 7 acres for a museum, is beyond thing else that the gentleman that just his remarks.) me. There are thousands of locations, preceded me said. Unfortunately, we do Mr. VISCLOSKY. Mr. Chairman, I where, at a cost more suited to this Na- have a situation in which 60 percent of rise in strong support of the Browder tion’s budget situation, the Army the facilities available to the young amendment. could put this museum. people in uniform today are inad- As a member of the Military Con- It is unfortunate that this project equate, and we are addressing those struction Subcommittee I have a deep was included in the bill. To Chair problems. Some of the very same peo- respect and support for the chair of the VUCANOVICH’s credit, the request was ple that will speak in favor of this bill subcommittee, Mrs. VUCANOVICH. Along limited to $14 million. are going to be decrying other portions with ranking member HEFNER, Chair But it should be removed altogether. of the bill, saying we are spending too VUCANOVICH has brought to the floor a Every Member of Congress and every much money on trying to provide for well crafted and very fair bill. citizen of the United States holds great the young men and women in the serv- Most importantly, the bill takes a respect and appreciation for our sol- ice. strong stand against the abhorrent liv- diers in the Army. Every soldier makes Well, that is what we are doing here. ing conditions forced upon many mili- a deep, personal sacrifice to protect our We are providing for these people by tary families. The living conditions of Nation’s freedom. The Army’s legacy just giving them a little opportunity to our soldiers and their families are a deserves honor and respect. express their pride in the service they problem that has been ignored by the There should be a place for all Ameri- have made for the country. Frankly, Department of Defense and the execu- cans to go and remember, and to dis- not all of them gave that service light- tive branch for decades. It is a problem cover, the unique role the Army has ly. Some paid with their limbs, some the Military Construction Subcommit- played in this great Nation’s history. paid with their health, and some paid tee has historically championed. But now is not the time for this with their lives, and it seems to me When Defense Secretary Perry re- project. that it is a small token of our apprecia- cently asked to meet with subcommit- Maybe at a different time and a less tion to purchase the land on which the tee members on pressing housing costly location, but now we face a real museum can be built with private H 6068 CONGRESSIONAL RECORD — HOUSE June 16, 1995 funds to thank them for that dedicated isting facilities in this country before amendments thereto conclude at 15 service. building another new one. minutes until 2. So I hope that we will acknowledge Finally, with our country’s deficit in The CHAIRMAN. Is there objection that this is not pork-barrel spending. the condition that it is in today, we to the request of the gentleman from In fact, this committee, the Committee have no business thinking about a pro- North Carolina? on Appropriations, and this sub- posal like this. I am surprised that a Mrs. VUCANOVICH. Mr. Chairman, committee under the leadership of the proposal like this would be in the bill. reserving the right to object, I would distinguished gentlewoman from Ne- Let us take a step today toward chang- like to agree on that on our side, but I vada, has worked within their budget ing the way Washington operates. Let think the time should be equally di- caps. We have a bill that conforms to us vote for this amendment to elimi- vided between the proponents and the the budget resolution that this Con- nate a needless spending project. opponents of this amendment. gress adopted just a month ago. Mr. VOLKMER. Mr. Chairman, will Mr. HEFNER. Mr. Chairman, will the So we are not busting the budget. We the gentleman yield? gentlewoman yield? are acting in response to what the ad- Mr. LUTHER. I yield to the gen- Mrs. VUCANOVICH. I yield to the ministration and the Pentagon and the tleman from Missouri. gentleman from North Carolina. folks in the military uniform wish us Mr. VOLKMER. Mr. Chairman, I wish Mr. HEFNER. Mr. Chairman, the re- to do. I think it is penny wise and to commend the gentleman for his request is for this one amendment and all pound foolish, as well as pretty mean- marks. I think they are right on target amendments thereto. I do not know of spirited, to tell them no, to tell them as far as Members of Congress attempt- any substitutes or amendments to this we are not going to provide land so you ing to set priorities and spending pat- amendment. can build your museum. terns of what we are doing up here. Mrs. VUCANOVICH. Mr. Chairman, I Mr. LUTHER. Mr. Chairman, I move Even though the gentleman who is the withdraw my reservation of objection. to strike the requisite number of chairman of the Committee on Appro- The CHAIRMAN. Is there objection words. priations spoke earlier that even to the request of the gentleman from Mr. Chairman, I rise to support this though it is within 902 allocation, et North Carolina? amendment to strike $14 million from cetera, and it is their money, so they There was no objection. the Army’s construction account, can spend it any way they want, well, The CHAIRMAN. The Chair advises funds currently intended to acquire I do not know. I thought we were up that the gentlewoman from Nevada land that has been sitting for years, for here on taxpayers’ business. I thought [Mrs. VUCANOVICH], will be recognized a new Army Museum near the Penta- it was the taxpayers who really we for 15 minutes, and the gentleman from gon. were supposed to be responsible to, not California [Mr. HERGER], will be recog- I believe there are many reasons to just to each other. That talk sounded nized for 15 minutes. oppose the military construction ap- to me like it was just like we were re- PARLIAMENTARY INQUIRY propriations bill, but I can think of no sponsible only to each other. Mr. FOGLIETTA. Mr. Chairman, I more glaring example of unnecessary As I look at this as a person who have a parliamentary inquiry. spending than this museum. Even for thinks about my taxpayers, I heard one The CHAIRMAN. The gentleman will those who support the appropriations earlier person say this morning argu- state it. measure, the amendment is a common ing for this museum that it is only $14 Mr. FOGLIETTA. Mr. Chairman, if sense effort to improve the final bill. million. ‘‘Only $14 million.’’ Well, there is going to be a limitation on this We in Congress must make every effort folks, hey, back home, $14 million is a amendment and all amendments there- possible to eliminate spending for pro- whole bunch of money. A whole bunch to to end at 1:45 and there are other grams, no matter the level of funding, of money. It is not just ‘‘only $14 mil- amendments pending, when will they which are not justifiable, in order to be lion.’’ And then you add to that, it is be considered? able to both balance our budget and for 7 acres—$14 million for 7 acres? Mr. HEFNER. Mr. Chairman, will the have resources available for invest- The gentleman from Minnesota, I bet gentleman yield? ments in our Nation’s future. you got a lot of land that your tax- Mr. FOGLIETTA. I yield to the gen- As a new Member of Congress, I have payers would like to sell to the Penta- tleman from North Carolina. tried to approach this issue objectively gon at $2 million an acre, do you not? Mr. HEFNER. Mr. Chairman, it is ob- by asking some basic questions about Mr. LUTHER. I think I could find vious we are not going to be able to fin- priorities. Should an Army Museum some of that land. ish this bill today. I would assume that get a higher priority than military Mr. VOLKMER. I think I could find a we would come back next Tuesday and housing or other assistance for mili- whole bunch of it in my district. That continue the bill. This takes us to the tary personnel and their families, at is completely unheard of, to spend this time when the House will adjourn for the same time that dozens of military kind of money, taxpayers’ money, at the week, and we will come back on installations are being slated for base the same time when we look at the next week and we will have a vote on closure, is it prudent to spend funds, total picture, not just military con- this one single amendment and get this funds we do not have, to acquire land struction, when we look at the total amendment out of the way. That is for an Army Museum? picture, we are going to have complete what my request was. How would this museum contribute cut-out of low income energy assist- Mr. FOGLIETTA. Mr. Chairman, I to military readiness or preparedness? ance for your people and my people so thank the gentleman. I just wanted to Do we have extra money in our coun- they can theoretically buy 7 acres of make that clear. try’s bank account, or are we in fact ground to put a museum on for the U.S. The CHAIRMAN. The Chair has al- already beyond our ready reserve Army. Well, as a former member of the ready allocated the time. The Chair limit? U.S. Army, I want to tell you, my pri- recognizes the gentleman from Califor- My conclusion was that it was time orities are for my taxpayers and my nia [Mr. HERGER]. for us to be honest with ourselves. This people, not for a museum that we do Mr. HERGER. Mr. Chairman, I yield museum, I do not believe, is about pre- not think we need at this time. myself 2 minutes. serving artifacts. If it were, we would Mr. Chairman, let me outline again b be helping the many other Army Muse- 1315 the purpose of this amendment. The ums that are literally falling apart in Mr. HEFNER. Mr. Chairman, I would purpose of my amendment was not to our country, with important artifacts like to enter into an agreement with eliminate the building of this museum of our history rotting away in those the gentlewoman. in honor of the Army and those who museums. Since we have established earlier have fought valiantly for our country What we need here today is to have that the House was going to try to over the centuries of our Nation’s his- some common sense. That is what the complete their business by 2, if it is tory. That is not the purpose. American people are asking us to have. agreeable and we can accommodate ev- The purpose of this amendment was Let us show real respect for our Army erybody, I ask unanimous consent that to save $14 million to allow us to be personnel. Let us take care of our ex- debate on this amendment and all able to go ahead and construct this June 16, 1995 CONGRESSIONAL RECORD — HOUSE H 6069 museum. I might mention that the Mr. VOLKMER. Mr. Chairman, I Mrs. VUCANOVICH. Mr. Chairman, I Army has indicated that this would not thank the gentleman for yielding time yield 2 minutes and 30 seconds to the be done with taxpayers’ dollars. It to me. gentleman from New York [Mr. SOLO- would be done by private donations, (Mr. VOLKMER asked and was given MON], the distinguished chairman of but to do so on land that the Federal permission to revise and extend his re- the Committee on Rules. Government already owns, to do so on marks.) Mr. SOLOMON. Mr. Chairman, I land, for example, which is adjacent to Mr. VOLKMER. I also wanted to thank the gentlewoman for yielding it, Fort Myer, of which there is ample commend the gentleman from Califor- time to me. It just bothers me when I property to build a museum, or perhaps nia for offering this amendment in see some of these Members who every at the Pentagon on part of their park- light of all the opposition that appears time they mention the word ‘‘war,’’ ing lot where, again, there is ample to come from members of the Commit- mention the word ‘‘military,’’ or land to build this museum, both of tee on Appropriations on military con- ‘‘armed forces,’’ all of a sudden, some which are directly adjacent to the pro- struction, but I think, as I said pre- of these biggest spenders in the Con- posed site. viously, we all should stop and think of gress all of a sudden become deficit Again, during a time when we are what we are doing here. We are actu- hawks. That really bothers me. looking at the $200 billion budget defi- ally spending $14 million, which is not My good friend from Missouri who cits, $14 million is not insignificant, a small amount of money, for 7 acres of just spoke is up here worried about this when we can go out and do it with ground, 7 acres. bill because we are spending too much property that already exists, I believe Now, to me that is a whole bunch, money. I went over to pull out all of we should do so. that is $2 million an acre. I do not these lists that I carry around with me, So, again, I would urge the House to know where you have to buy land to because I do not like Members to be in- vote in favor of this amendment to get it for $2 million an acre, but I guar- consistent. I want them to be consist- eliminate this $14 million expenditure antee you that the gentleman in the ent when they come on the floor. I find but to do so by building, again, this chair, the Chairman, has a whole bunch my good friend from Missouri [Mr. museum on land that already exists, that he would like to sell to the U.S. VOLKMER] listed as one of the biggest already is owned by the Federal Gov- Army for $2 million an acre. I have got spenders in the Congress. And so all of ernment. a whole bunch I would like to sell. a sudden, he is a deficit hawk. Mr. Chairman, I reserve the balance But that is not the bottom line. The Now, so much for credibility. Now, I of my time. bottom line is, we are in a budget-cut- just want to tell you this, I am looking Mrs. VUCANOVICH. Mr. Chairman, I ting and a cost-cutting mood here and at this report from the Committee on yield 2 minutes to the gentleman from I commend the Congress for that. I be- Appropriations, and nobody has taken Virginia [Mr. DAVIS]. lieve in a balanced budget, but I also Mr. DAVIS. Mr. Chairman, I thank them to task more than I have over the believe we need to establish priorities. the gentlewoman for yielding time to years. As I mentioned before, I will be Now, when we go about cutting such me. introducing a bill later this afternoon What this is about is that history is things as money for school lunches, or Monday at the latest with $840 bil- important. We have an obligation to when we cut money for senior citizens, lion; that is not million, that is not continue teaching the lessons of his- when we cut money out of low-income three quarters of a billion, that is $840 tory and remember our military expe- energy assistance, when we cut other billion in spending cuts. riences as they have evolved. As our programs for other people, then come I wanted all of you people who are Army becomes smaller, it is more im- up and say, now, here is $14 million worried about this $14 million to come portant that we continue that. that you can pay for 7 acres of ground out here and vote for that bill or even This museum will be a recognition of in order to build a museum on, folks, I cosponsor it. Then you will show me this. To compare this museum with its think if I go back and ask the people of some guts. In the meantime, looking at over 500,000 items and artifacts to the my district about that, I think I know this appropriation report, there is $14 small museums that the Army has what the answer is going to be. I really million appropriated. Let me read you scattered across the country is really think the answer is going to be, no, we what it says. It says, Fort Myer Army misleading. The Army museum system would rather have that money spent on museum land acquisition. It does not today consists of a very disparate col- maybe a farm program. say anything about a particular piece lection of localized branch-specific mu- Agriculture is taking a big cut under of property. seums. These local collections offer a this budget. I would love to have $14 I know the gentleman is sponsoring a look at the past from the perspective of million more back in that agriculture resolution. He is a true deficit hawk their particular area of interest, budget. I would love to have $14 million and he means well. But we need to whether transportation or aviation or more back in higher education, student work this out with the Army. If we can logistics, but this museum steps back loans, grants, I would love to have it find a better place or a cheaper place to to look at the experience of the Amer- there. I think that is more important do it, fine. The problem is, we want the ican soldier going back to revolution- than $14 million for 7 acres of ground, war museum. We want those people ary times touched by all aspects of when I understand in Arlington Coun- who have died and sacrificed for their Army life during a long and proud his- ty, it is only assessed at $10 million. country to have their families be able tory. Why are we paying $14 million for 10 to come here and look at those arti- I think we can have a consolidation million dollars’ worth of grounds? The facts. of some of these smaller museums if building on it is not any good. We all Mr. SKELTON. Mr. Chairman, will this moves ahead. But to get to the know that. Anybody that has ever been the gentleman yield? money issues that have been addressed, there knows that it is almost a wasted Mr. SOLOMON. I yield to the gen- Mr. Chairman, for every dollar in pub- area. tleman from Missouri. lic contribution that will go forward to I just do not understand it, folks. Mr. SKELTON. Mr. Chairman, let me buying this land, we expect a match of When you establish priorities, I though mention this. It was mentioned why over $5 from the private and volunteer that people were more important than not build the museum on Fort Belvoir sector coming in. That is money well things. It appears here the things are or Fort Myer. It is prohibited to build spent in this particular case. going to be more important than peo- the museum or any museum on that. At a time when the Army is getting ple. That is why we have to do it here. one recruit for over 100 contacts it It appears that if you listen to all the b makes, this will be a good effort to in- Members in the debate, that this thing, 1330 crease the contacts the Army makes to this museum, and by the way, I am a Mr. SOLOMON. Let me just say that over 200,000 people a year. So I rise in former member of the U.S. Army, very that gentleman is also from Missouri, opposition to this amendment. proud of the fact, but I do not believe Mr. Chairman. I have hanging on my Mr. HERGER. Mr. Chairman, I yield that we need to spend our money, this wall a picture of one of the great Presi- 3 minutes to the gentleman from Mis- $14 million at this time on this mu- dents of this country. His name was souri [Mr. VOLKMER]. seum. Harry S. Truman. I was in the Marine H 6070 CONGRESSIONAL RECORD — HOUSE June 16, 1995 Corps at the time he was here in Wash- think they are important, so I am op- come back next year and let us debate ington. I was proud of him, and I was a posed to this amendment. this issue on this floor, and we will Democrat at the time. That is a good Mr. Chairman, I have gone to many make that decision. I am sure we will Democrat there. He would oppose this of the Army museums around the coun- make the wise decision. However, right amendment. try that have been mentioned here now the wise decision is to support this Mr. VOLKMER. Harry Truman would today. They are little divisional muse- amendment, and let us debate this at a never have built this museum. ums of one kind or another, and I am later time. Mr. SOLOMON. Yes, he would, Mr. excited about them. I am the kind of Mrs. VUCANOVICH. Mr. Chairman, I Chairman. guy that can get emotional walking up yield 11⁄2 minutes to the gentleman Mr. HERGER. Mr. Chairman, I yield and down the historic Halls of this from Mississippi [Mr. MONTGOMERY]. 2 minutes to the gentleman from Min- building. I go on the battlefield and I Mr. MONTGOMERY. Mr. Chairman, I nesota [Mr. MINGE]. can smell the smoke and hear the guns. had 2 minutes. I am glad I am getting Mr. MINGE. Mr. Chairman, I wish I I love that kind of thing. up now, or I would end up with none. could resolve the issue of how Mr. Tru- Yet, here we have a nation, the only Mr. Chairman, I oppose the amend- man would have voted on this particu- nation in the world, only major nation ment. I would like to say that our lar proposal. I am not confident of Mr. in the world, that does not have some country is still a young nation com- Truman’s vote. kind of an Army museum; not a dozen pared to Europe. Do we realize that Mr. Chairman, I would like to bring divisional museums, or 40 divisional freedom really does not come easily? this body’s attention back to the ques- museums, but a museum for the Army What is wrong with honoring freedom tion of how do we balance this budget, of our Nation. by having this museum? Russia is. and how do we set our priorities as a Mr. Chairman, I fly in every week, They are honoring those who kept the country. I would like to refer the body practically, into Washington, DC. German Panzer divisions out of Russia. to legislation that was passed in 1994. When I come into National, many of They are building a wonderful museum It was the fiscal year 1995 defense au- the Members have had this experience, that costs three times more than what thorization report that accompanied when I come into National, if I am on we are trying to do here today. that legislation, and was signed by the the left-hand side of the airplane I look Mr. Chairman, I am told that a mil- President. It includes in it a guideline out and I see the wonderful monuments lion Americans will visit this Army that was developed in the U.S. Senate. honoring the freedom and liberty and museum. Some of them will be young Americans. They will be impressed. The Senate developed a 5-part test history of this country: The Washing- They will join the Army. This is a good for whether or not military construc- ton Monument, the Lincoln Monument, recruiting tool. Mr. Chairman, let me tion projects ought to be approved. The Jefferson Memorial, all the way up to say that the military is in trouble on Porkbusters Caucus in the House of the Capitol of the United States. recruiting. They are not meeting their Representatives has adopted that test. However, if I am on the right side of goals. Anything that can help the mili- Mr. Chairman, I would like to read the airplane, I see acre after acre of tary to get young men and women into one part of that test: ‘‘We should not stark white tombstones. What this the service, that is what we need. Part appropriate money for military con- tells me is what I have on the left-hand of this museum will be dedicated to the struction unless the project is nec- side of the airplane was bought with a National Guard and Reserve. I will essary for reasons of the national secu- price from what is on the right-hand point out that the National Guard, 29th rity of the United States.’’ side of the airplane. I think that is Division of World War II, landed at Regardless of what our opinion ought what the Army museum is all about. It Omaha Beach. They lost 2,000 young to be of museums, I submit, Mr. Chair- is telling us the price that was paid for men from one State fighting at Omaha man, that we should not be including this country’s freedom and liberty. Beach. That will be shown, what sac- in military construction, funds for mu- I think we ought to honor it. I think rifices have been made by Americans seum sites and museums. We have the we ought to support that museum. It is who were in the Army. I totally oppose Smithsonian Institution. Certainly it a small portion of the $72 million that this amendment, and hope the Mem- can operate museums in the District will be raised privately. It is a partner- bers will, too. and in the neighboring territory. We do ship between the seed that we put in Mr. Chairman, I rise in opposition to the not have to include this in our military and the private money which comes. amendment and in support of funding for the construction budget, especially when Support the Army museum. Vote National Museum of the U.S. Army. we are trying to care for the needs of against this amendment. The bill provides $17 million for land acqui- the men and women in the Armed Mr. HERGER. Mr. Chairman, I yield sition, but the rest of the cost will come from Forces, and we have heard about the 2 minutes to the gentleman from Ala- private donations. deplorable conditions in housing and bama [Mr. BROWDER]. This museum is expected to draw more the need for military construction in a Mr. BROWDER. Mr. Chairman, we than 1 million visitors a year to see the great variety of other ways. are coming down to the vote. Let us history of our Army and the role it has played Mr. Chairman, I urge this Chamber lay out here what we have. We could in the development, and in the defense, of our to respect this principle that has been have debated this earlier this week country. developed and signed into law by the when we were talking about the au- One thing I especially like is that it in addi- United States, that emphasizes that we thorization bill, about this museum tion to covering the achievements of active only spend money in military construc- and whether we needed to spend this duty Army soldiers since 1775, it will also tion for reasons of national security. money. I had an amendment which have a section devoted to the National Guard Mrs. VUCANOVICH. Mr. Chairman, I would have sent this money to military and Reserves. yield 2 minutes to the gentleman from family housing. That amendment for I would point out that at the invasion of Nor- Colorado [Mr. HEFLEY]. some strange reason was not made in mandy 51 years ago this month, the 29th divi- Mr. HEFLEY. Mr. Chairman, I think order, so this body could not debate it. sion of National Guardsmen stormed onto we need to remember here what we are What we have now is an opportunity Omaha Beach as part of the expeditionary talking about is, and the chairman to answer this question in a very sim- force. They lost 2,000 young men on D-Day. would understand this, Mr. Chairman, ple way: Do we want to spend $14 mil- That event, as well as other stories of brav- being from Nebraska, what we are talk- lion on this project? The Army gen- ery and sacrifice over the years, will be on dis- ing about is planting seed. We are talk- erals, the Army brass, want this play at the Twin Bridges site. This comprehen- ing about $14 million here that is the project. They have figured out sticking sive look at the Army, from then until now, will seed to go into the ground, to grow and it in here, running it through with a provide future generations of Americans a flourish to become a beautiful plant good package, a good package that chance to see the realities of war and the ef- that we can all be proud of somewhere both sides have worked on, stick it in, fect it has had not only on the soldiers, but on down the line. run it through, nobody can stop it. their loved ones as well. The question is, Do we believe that Mr. Chairman, we have to stop it. We The Army is the only service branch not to museums to honor our heritage and our have to decide what we are going to do, have a national museum. Yet, the U.S. Army history are important? I happen to send this message to them, tell them to is 220 years oldÐolder than the country itself. June 16, 1995 CONGRESSIONAL RECORD — HOUSE H 6071 This museum will be a deserving tribute to gret I do not have enough time to say Mr. Chairman, I urge that the that storied history and worthy recognition to nearly everything I want to say. amendment be rejected. Remember, all those who have served in the U.S. Army. Mr. Chairman, I want to say that I wars are won by morale. Service is en- It will also help educate the American people absolutely, absolutely oppose this hanced by morale. Look at the British about military life, in wartime and in peace. It amendment. I regret that the amend- Army. They are all manner of curious is a worthy project. I hope we will reject the ment is even on the floor. We resoundly troops, and they all serve enthusiasti- amendment and keep the funding for the mu- defeated this amendment in our sub- cally. Why? Because of loyalty to their seum. committee in the Committee on Na- service. Mr. HERGER. Mr. Chairman, I yield tional Security earlier. In fact, to me Mr. HERGER. Mr. Chairman, I yield 2 minutes to the gentleman from Cali- it represents a great disdain for the myself the remainder of my time. fornia [Mr. LEWIS]. heritage of those who have served the Mr. Chairman, I believe the main Mr. LEWIS of California. Mr. Chair- U.S. Army. We are not fighting the point of this amendment has been man, I very much appreciate my col- issue of quality of life. missed. I find it quite ironic that I find league yielding time to me. This bill added $813 million extra for myself in virtual complete agreement Mr. Chairman, I want the body to housing. We are dealing with the qual- with those who are speaking against know that I rise in support of this ity of life issue. However, Mr. Chair- this amendment. I also favor the mu- amendment. I do so with some very se- man, my experience is not in the seum. I also favor our military. I favor rious sensitivity, because I am getting Army, it is in the U.S. Air Force. us honoring those who have fought all kinds of messages from a variety of Whenever the Nation called me, I went. bravely for our military and for our Members of the House, but I have heard I left my family and I placed myself in country. the arguments from the top brass in jeopardy in defense of my Nation, and b the Army, how this museum would be a guess what? My Army colleagues have 1345 national treasure to commemorate the done that for 220 years. In fact, 470,246 That is not the purpose of this hard work of every enlisted man and members of the United States Army amendment. The purpose is, why women in the Army. have died on the battlefield. Is it too should we as taxpayers be spending an Therefore, I decided last night to call much to ask for us to put a lousy $14 additional $14 million to purchase more some of my own folks who happen to be million in honor of those who have fall- land to build a museum on when we in the military services. Their message en? It is less than $20 a head. have land already available? Are we was entirely different. I spoke with 6 Mr. Chairman, we would be making a not closing down several departments? different soldiers in 4 different Army giant mistake if we did not shut down Are we not downsizing here in Wash- commands in my district, which is the this amendment. ington? place where the National Training Cen- Mrs. VUCANOVICH. Mr. Chairman, I Do we not have Pentagon property, ter for the Army is located. yield 30 seconds to the gentleman from Fort Myer property, adjacent to this I let them know that today we would Virginia [Mr. BATEMAN]. property that the Federal Government be considering the military construc- Mr. BATEMAN. Mr. Chairman, I rise and the taxpayers already own? Do we tion bill, legislation which provides in opposition to the amendment. I am have to go out and buy more property? funds for military housing, base im- reminded that we are told that one Do we have to go out and spend, I feel provements, and other quality of life does not live on bread alone. Soldiers unwisely, more taxpayer dollars? needs. I asked them specifically, would do not accomplish their mission on That is the issue. Again, I support they like to have $14 million of these food and forage alone. There is some- the museum, but I support it being funds set aside to buy the land for a thing called spirit and something built on presently owned taxpayer National Museum for the Army in their called morale. My only regret is that property which is in the same area. honor in Washington. this country has not provided the ini- I urge an ‘‘aye’’ vote on this amend- Each and every one of the 6 of them tiative to go forward with a museum ment. said they would rather have those honoring the soldiers of this U.S. Army Mrs. VUCANOVICH. Mr. Chairman, I funds go to housing or other quality of much earlier. yield the balance of my time to the life items which they desperately need. The time has come, Mr. Chairman, gentleman from Virginia [Mr. MORAN]. I told each and every one of them that We should not accept this amendment. The CHAIRMAN. The gentleman there was a large amount of additional Mrs. VUCANOVICH. Mr. Chairman, I from Virginia is recognized for 1 funding already in the bill for housing. yield 1 minute to the gentleman from minute. Our chairman has done a great job. It Michigan [Mr. DINGELL]. Mr. MORAN. Mr. Chairman, I yield did not matter to any of them. A na- (Mr. DINGELL asked and was given to the gentleman from Indiana [Mr. tional museum in their honor was not permission to revise and extend his re- MYERS]. on their priority list. marks.) (Mr. MYERS of Indiana asked and I told one soldier that this was a pri- Mr. DINGELL. Mr. Chairman, I rise was given permission to revise and ex- ority to the Army Command in Wash- in strong opposition to this amend- tend his remarks.) ington. He responded ‘‘That is because ment. There is an old adage in the in- Mr. MYERS of Indiana. Mr. Chairman, I re- they do not have to live in the housing fantry that battles are won and wars gret that we have run out of time, but I do rise that we do.’’ He told me that he has are won on things other than money. If in opposition to this amendment. men living in temporary barracks that this amendment is adopted, we will not I have served as a member of the Commit- were constructed during World War II. put one more nickel into housing, tee on Appropriations for 25 years. I have of- His room is 11 by 12 feet in space, with recreation, or anything else. But if this fered and supported many amendments to re- temporary walls, and one of the bigger amendment is rejected, the U.S. Army duce spending. I will take a back seat to no rooms. He also said that he has men is going to have something that will one on cutting and reducing unnecessary and women driving 40 miles to work help all of us who served in previous spending. I spent 23 years in Army service. every day because there is not ade- wars. There is a time when we must act. There quate housing. Point to what it is that the Army has are those today who believe that the Army Mr. Chairman, to say the least, while done. The Army is the only service does not need and should not have a national I have mixed emotions about this, this that has no museum of this kind, and museum. The oldest service of the uniformed is not a priority to the men and women this is the only country of which I am services should have. We should have taken who are currently in the Army in my aware of where no such museum exists action to build a museum years ago. district in California. to remind our veterans and our people If you believe, as I do, that we should have Mrs. VUCANOVICH. Mr. Chairman, I of what it is that was done. Veterans a museum, then we must act now or the site yield 11⁄2 minutes to the gentleman say ‘‘We would like to you to remem- will be lost to a commercial use, and we will from Florida [Mr. PETERSON]. ber what we did, and we would like you build it sometime at an even greater cost here Mr. PETERSON of Florida. Mr. to remember why we did it.’’ A mu- in our Nation's Capital, or build it in a cornfield Chairman, I thank the gentlewoman seum will help Americans to under- someplace where few will ever have the op- for yielding me the time. I really re- stand that. portunity to enjoy it. H 6072 CONGRESSIONAL RECORD — HOUSE June 16, 1995 We are all concerned with quality of life for The question was taken; and the Wamp White Woolsey Watt (NC) Whitfield Wyden the young people we are asking to serve in Chairman announced that the noes ap- Weldon (PA) Williams Zeliff defense of freedom. Pride and esprit de corps peared to have it. Weller Wise Zimmer are also important to these people of whom REORDED VOTE NOES—137 we are so proud. Mr. HERGER. Mr. Chairman, I de- Abercrombie Gonzalez Ortiz Defeat this amendment. mand a recorded vote. Barrett (NE) Goodlatte Oxley Mr. MORAN. Mr. Chairman, I yield A recorded vote was ordered. Bartlett Green Packard to the gentleman from Texas [Mr. Bateman Gutierrez Pallone The vote was taken by electronic de- Beilenson Hancock ORTIZ]. Parker vice, and there were—ayes 261, noes 137, Bentsen Hastert Pastor (Mr. ORTIZ asked and was given per- not voting 36, as follows: Bereuter Hefley Payne (VA) Bevill Hefner mission to revise and extend his re- [Roll No. 388] Peterson (FL) marks.) Bishop Hinchey Pickett AYES—261 Bliley Holden Porter Mr. ORTIZ. Mr. Chairman, I oppose Boehlert Hoyer Quillen Allard Franks (NJ) Myrick Boehner Hunter this amendment. As I travel toward the Andrews Frelinghuysen Nadler Reed District, more Hispanics have received Bonilla Hyde Ros-Lehtinen Archer Frisa Neal Bonior Johnson, E. B. the Congressional Medal of Honor than Armey Funderburk Nethercutt Saxton Borski Johnson, Sam Schaefer Bachus Furse Neumann Boucher Kelly any other ethnic group. They would Scott Baesler Ganske Ney Brown (FL) Kennedy (RI) like to be included in this museum so Serrano Baker (CA) Gilchrest Norwood Bryant (TX) King Sisisky that they can display their history of Baldacci Gillmor Nussle Callahan Kingston Skaggs bravery. At this moment I have to op- Barcia Goodling Obey Chambliss Klink Skeen Barr Gordon Olver Clinger Kolbe pose my good friend and oppose his Barrett (WI) Goss Orton Skelton amendment. Coleman Lantos Barton Graham Owens Collins (GA) Latham Smith (TX) Mr. MORAN. Mr. Chairman, some- Bass Greenwood Paxon Collins (MI) LaTourette Solomon times we focus so much on the cost of Becerra Gunderson Payne (NJ) Cramer Laughlin Spence Berman Gutknecht Peterson (MN) things, no matter how small, that we Crane Lewis (GA) Spratt Bilbray Hall (OH) Petri Cubin Lewis (KY) Stump lose sight of the value of things, no Blute Hall (TX) Pombo Davis Lightfoot Tanner matter how great. Bono Hamilton Pomeroy de la Garza Linder Taylor (MS) The National Museum of the U.S. Brewster Hansen Portman DeLay Livingston Taylor (NC) Browder Harman Poshard Diaz-Balart Lowey Tejeda Army is a vision to create at the gate- Brown (OH) Hastings (WA) Pryce Dingell Lucas Torkildsen way of Washington, a site that will no Brownback Hayworth Quinn Dornan Manton Torres longer remain if we don’t act now, a Bryant (TN) Heineman Radanovich Doyle Mascara Traficant Bunn Herger Rahall tribute to the American soldier. At a Edwards McDade Vucanovich Bunning Hilleary Ramstad Emerson McHale Walsh time when our Armed Forces are being Burr Hilliard Rangel Everett McHugh Ward cut every year, we have to tell the Burton Hobson Regula Farr McNulty Waters story of the citizen soldiers that have Calvert Hoekstra Reynolds Fazio Molinari Watts (OK) Camp Hoke Richardson Foglietta Mollohan Waxman served this Nation, and we must inspire Canady Horn Riggs Frost Montgomery Wicker patriotism among our entire society. Cardin Hostettler Rivers Gejdenson Moran Wilson Castle Houghton Roberts Gekas Morella Wolf That is the purpose of this. That is Chabot Hutchinson Roemer the purpose. There could be no greater Geren Murtha Wynn Chenoweth Inglis Rogers Gibbons Myers Young (AK) purpose. I urge my colleagues to defeat Christensen Istook Rohrabacher Gilman Oberstar Young (FL) this amendment and to support the Chrysler Jackson-Lee Roth Clement Jacobs Roukema NOT VOTING—36 bill. Coble Johnson (CT) Roybal-Allard Ackerman Coyne Mica Coburn Johnson (SD) Royce Mr. PORTER. Mr. Chairman, I rise in strong Baker (LA) Dickey Miller (CA) Combest Jones Rush opposition to the amendment. Ballenger Dooley Miller (FL) Condit Kanjorski Sabo Bilirakis Gallegly Mineta I know a little bit about this subject since the Conyers Kaptur Salmon Brown (CA) Gephardt Moakley land to be acquired for the purposes of build- Cooley Kasich Sanders Buyer Hastings (FL) Pelosi Costello Kennedy (MA) Sanford ing a national Army museum was originally Chapman Hayes Rose Crapo Kennelly Sawyer Clay Jefferson Stokes part of the planned land swap for a portion of Cremeans Kildee Scarborough Clayton Johnston Thornton Fort Sheridan in my district. Several years ago Cunningham Kim Schiff Clyburn Kleczka Tucker Danner Klug Schroeder the Army wished to trade the Fort Sheridan Collins (IL) Matsui Weldon (FL) Deal Knollenberg Schumer land, plus cash, for the property in Arlington Cox Meek Yates DeFazio LaFalce Seastrand then, and perhaps still, owned by Equitable. DeLauro LaHood Sensenbrenner b 1411 While that trade was blocked in the Senate, it Dellums Largent Shadegg was clear that this was a priority for the Army Deutsch Lazio Shaw The Clerk announced the following Dicks Leach Shays pair: On this vote: and one that I thought then, and still do now, Dixon Levin Shuster deserved our support. Doggett Lewis (CA) Slaughter Mr. Ballenger, with Mr. Mineta against. A nation's history is contained in its institu- Doolittle Lincoln Smith (MI) Messrs. CLINGER, KENNEDY of tions. As a former Army enlisted man, I know Dreier Lipinski Smith (NJ) Duncan LoBiondo Smith (WA) Rhode Island, and WYNN, and Mrs. the meaning of the traditions and history of the Dunn Lofgren Souder CUBIN changed their vote from ‘‘aye’’ Army to those who don the uniform. The Army Durbin Longley Stark to ‘‘no.’’ has never had a proper place to house and Ehlers Luther Stearns Messrs. BRYANT of Tennessee, KAN- Ehrlich Maloney Stenholm display its history and this land is deemed a Engel Manzullo Stockman JORSKI, COMBEST, FRISA, THOMAS, very suitable site. There is no money in the bill English Markey Studds RICHARDSON, EHLERS, RANGEL, for construction and that would come only Ensign Martinez Stupak STOCKMAN, FORD, FORBES, WALK- when budgetary times are more propitious. Eshoo Martini Talent Evans McCarthy Tate ER, NADLER, BURTON of Indiana But if the land cannot be acquired now, it Ewing McCollum Tauzin FOLEY, DREIER, and BAKER of Cali- would undoubtedly be sold to others and de- Fattah McCrery Thomas fornia changed their vote from ‘‘no’’ to veloped and would be lost for the purpose of Fawell McDermott Thompson ‘‘aye.’’ Fields (LA) McInnis Thornberry an Army museum. While the price may seem Fields (TX) McIntosh Thurman So the amendment are agreed to. high, we thought, from the value of the Fort Filner McKeon Tiahrt The result of the vote was announced Sheridan land, that it would likely be even Flake McKinney Torricelli as above recorded. Flanagan Meehan Towns higher than the sum contained in the bill. We Foley Menendez Upton Mrs. VUCANOVICH. Mr. Chairman, I should reject the gentlemen's amendment and Forbes Metcalf Velazquez move that the Committee do now rise. allow this land acquisition to go forward. Ford Meyers Vento The motion was agreed to. The CHAIRMAN. The question is on Fowler Mfume Visclosky Accordingly the Committee rose; and Fox Minge Volkmer the amendment offered by the gen- Frank (MA) Mink Waldholtz the Speaker pro tempore (Mr. FOLEY) tleman from California [Mr. HERGER]. Franks (CT) Moorhead Walker having assumed the chair, Mr. BARRETT June 16, 1995 CONGRESSIONAL RECORD — HOUSE H 6073 of Nebraska, Chairman of the Commit- construction appropriations bill and was going to be brought to the floor. tee of the Whole House on the State of begin debate on the legislative branch We understand it is not being brought the Union, reported that that Commit- appropriations bill. Members should be to the floor today. My question is: Do tee, having had under consideration advised that recorded votes may come we anticipate a resolution will be the bill (H.R. 1817) making appropria- as early as 12 noon on Tuesday. brought up next week? If that is the tions for military construction, family On Wednesday and Thursday the case, can the leader assure us that we housing, and base realignment and clo- House will meet at 10 a.m. to consider will have some opportunity to debate sure for the Department of Defense for two appropriations bills: H.R. 1868, the that issue? It is a major concern to the fiscal year ending September 30, fiscal year 1996 foreign operations ap- many of us, the reforms of the House, 1996, and for other purposes, had come propriations bill, subject to a rule; and as to how many committees a Member to no resolution thereon. the fiscal year 1996 energy and water can serve on. Mr. ARMEY. If the gentleman will f appropriations bill, subject to a rule. It is our hope to have Members on yield further, we believe it is possible GENERAL LEAVE their way home to their families and we may bring that up next week, and, Mrs. VUCANOVICH. Mr. Speaker, I their districts by no later than 6 p.m. of course, it is subject to an hour for ask unanimous consent that all Mem- on Thursday. There will be no recorded debate in accordance with the rules of bers may have 5 legislative days in votes on Friday. the House. Mr. CARDIN. If the gentleman will which to revise and extend their re- Mr. FAZIO of California. If the gen- continue to yield, I appreciate that. I marks on the consideration of the bill, tleman could help us on a matter relat- would ask the leader if he would con- H.R. 1817, and that I may include tab- ing to the Committee on Rules, I un- sider giving us some notice before that ular and extraneous material. derstand the Committee on Rules will is brought to the floor and yield the The SPEAKER pro tempore. Is there be meeting on Monday to prepare to customary time to the opponent of objection to the request of the gentle- bring to the floor on Tuesday some of that type of a resolution in order that woman from Nevada? the rules that the gentleman has al- we can have a full debate on the floor There was no objection. luded to. I am wondering if we could determine what time the Committee of the House. f on Rules will be meeting. I am one con- Mr. ARMEY. We will, of course, do our best to give you good notice, and PERSONAL EXPLANATION cerned. I will be flying back from Cali- fornia Fathers’ Day, Sunday, and I we will, of course, examine the time Mr. FLAKE. Mr. Speaker, due to an have an interest in the legislative constraints and certainly take your re- unavoidable absence, I missed the fol- branch bill, of course, along with the quest under consideration. lowing votes, and had I been present I gentleman from California [Mr. PACK- Mr. WARD. Mr. Speaker, will the would have voted as follows: ARD]. gentleman yield? Rollcall vote 381, ‘‘aye’’; rollcall vote Mr. ARMEY. If the gentleman will Mr. FAZIO of California. I yield to 382, ‘‘aye’’; rollcall 383, ‘‘aye’’; and roll- yield further, if I may make a com- the gentleman from Kentucky. Mr. WARD. If I might ask the gen- call vote 384, ‘‘aye’’. ment, in the original schedule for the tleman from Texas, in looking at next f month, Monday was to have been a day week’s schedule, I wonder if you would on which we would have had votes. Be- LEGISLATIVE PROGRAM expect to bring up the billionaire expa- cause of so many considerations, we triate tax loophole bill. (Mr. FAZIO of California asked and did manage to relieve all of the Mem- Mr. ARMEY. I thank the gentleman was given permission to address the bers at large of votes on Monday, but House for 1 minute.) for your inquiry. the Committee on Rules must nec- No, I do not anticipate that coming Mr. FAZIO of California. Mr. Speak- essarily meet at 2 o’clock on Monday, up next week. I have not talked to the er, I ask for this time in order to re- and I appreciate that it is an inconven- Committee on Ways and Means yet, quest of the majority leader informa- ience in the gentleman’s personal life, and I do not have any time scheduled tion about next week’s schedule. but hopefully it will be helpful to the for that at this point. I yield to my friend, the gentleman rest of the Members we were able to do Mr. WARD. Well, if I might ask fur- from Texas [Mr. ARMEY], if he would be that. ther, do you think that you could give willing to inform the Members about Mr. FAZIO of California. I am hope- us notice? I have many constituents what we have to look forward to. ful I will be able to get here by 3:30 or who are interested in this bill, many Mr. ARMEY. I thank the gentleman 4, the first plane out. Do you expect constituents of other Members who from California for yielding. the Committee on Rules to have com- have inquired, and if I could ask and Mr. Speaker, the House will meet in pleted its work and filed its rules by 4 seek the leader’s help in getting some pro forma session on Monday, June 19. o’clock? I do not know what the ur- advance notice so we may know when There will be no recorded votes on gency is, but I gather there is some. Is to anticipate that bill. Monday. that right? Mr. ARMEY. Again, if the gentleman On Tuesday, the House will meet at 9 Mr. ARMEY. If the gentleman will would yield further, we would certainly o’clock a.m. for morning hour and 10 yield further, the Committee on Rules give you as much advance notice as o’clock a.m. for legislative business. hopes to file by 6 but they would expect you may need. You may want to go to After 1-minutes, we plan to take up to conclude testimony before the com- the Committee on Rules, any number the rule for H.R. 1854, the fiscal year mittee by about 4:30. of things. I have not begun consider- 1996 legislative branch appropriations Mr. FAZIO of California. I may be ation of that bill yet from the Commit- bill. able to get here just for the latter part tee on Ways and Means, but certainly If a recorded vote is ordered on the of that testimony, and I appreciate my will give you every bit of notice we rule, that vote will be postponed until friend with his assistance from the can. later in the day. standpoint of the staff of the commit- Mr. WARD. I thank the gentleman. tee. b 1415 Mr. FAZIO of California. Could the Mr. CARDIN. Mr. Speaker, will the gentleman tell us when we would be After debate on the legislative gentleman yield? completing our business on Tuesday branch rule we will take up House Res- Mr. FAZIO of California. I yield to and Wednesday? olution 168, legislation implementing the gentleman from Maryland. Mr. ARMEY. Each night next week Corrections Day procedures for the Mr. CARDIN. I would hope the major- at this point we anticipate being able House. Upon completion of this legisla- ity leader might be able to give us to be out of here by 6 or 6:30. tion we will hold the recorded vote on some indication whether the privileged Mr. FAZIO of California. No evening the rule accompanying the legislative resolution that was rumored to be next week would normally be expected branch appropriations bill, if a vote taken up this afternoon concerning to be here later? was ordered. We then plan to finish waivers of the number of committees Mr. ARMEY. If I may tell the gen- H.R. 1817, the fiscal year 1996 military that a Member is permitted to serve on tleman, I have great expectations and H 6074 CONGRESSIONAL RECORD — HOUSE June 16, 1995 an enormous amount of optimism, but Mr. Speaker, the 178 countries who Zealand said they will downscale or freeze as you might guess, I can give no hard signed the Nuclear Non-Proliferation defense links with France in protest. and fast guarantees. If I had a dinner Treaty cry out: ‘‘Shame on you France Japan’s Foreign Minister Yohei Kono also criticized the French decision to resume date for Tuesday night at 6:30, I would * * *.’’ testing, saying it violates the trust of the feel very comfortable with it. Mr. Speaker, may I suggest to Presi- non-nuclear community. Kono expressed his Mr. FAZIO of California. I appreciate dent Jacques Chirac, if he wants to de- disapproval in a telephone call to his French the gentleman’s optimism. Let us hope velop France’s nuclear bomb trigger counterpart. it becomes reality. device for computer simulation tech- The Philippines and Indonesia joined other f nology, then develop it on a com- Asia-Pacific critics of France’s decision. puter—not in the South Pacific, not on [From the New York Times, June 15, 1995] ADJOURNMENT TO MONDAY, JUNE people and not on mother Earth. Ex- 19, 1995 plode your eight nuclear bombs in France Planning Nuclear Tests Despite Opposition, Chirac Says Mr. ARMEY. Mr. Speaker, I ask Paris and along the rural and farm (By Craig R. Whitney) unanimous consent that when the areas of France, and see if the citizens House adjourns today, it adjourn to of France will support you. PARIS, JUNE 13.—President Jacques Chirac of France, defying international opposition meet at noon on Monday next. Mr. Speaker, the Government of to resumption of French nuclear testing in The SPEAKER pro tempore (Mr. France currently has: the South Pacific, said tonight that France FOLEY). Is there objection to the re- The world’s third largest stockpile of would resume underground weapons tests in quest of the gentleman from Texas? nuclear bombs; September but would stop them once and for There was no objection. The fourth largest navy in the world; all by the end of May 1996. f and Mr. Chirac’s predecessor, François Mitter- Twenty years of experience in con- rand, declared a moratorium on nuclear tests DISPENSING WITH CALENDAR in April 1992. ducting nuclear bomb explosions in the ‘‘Unfortunately, we stopped a little too WEDNESDAY BUSINESS ON atmosphere and under water in the WEDNESDAY NEXT early,’’ Mr. Chirac said, on the eve of a trip South Pacific. Mr. Speaker, let me tell to Washington and New York to confer with Mr. ARMEY. Mr. Speaker, I ask you about the trigger device that the President Clinton and Secretary General unanimous consent that the business French Government wants to develop Boutros Boutros-Ghali of the United Na- in order under the Calendar Wednesday for its nuclear bomb explosions. The tions. ´ rule be dispensed with on Wednesday nuclear trigger is a nuclear bomb itself In a news conference in Elyseé Palace, Mr. next. and is 100 times more powerful than Chirac described his decision as ‘‘irrev- ocable.’’ He said the eight planned tests The SPEAKER pro tempore. Is there the nuclear bombs dropped on Hiro- objection to the request of the gen- would have ‘‘no ecological consequences’’ shima and Nagasaki. If the nuclear and would complete a series, interrupted tleman from Texas? bomb trigger is 100 times more power- three years ago, intended to calibrate equip- There was no objection. ful than what was dropped on Hiro- ment that would allow computer simulations f shima and Nagasaki, can you imagine, in future tests of the reliability of the French independent nuclear deterrent. COMMUNICATION FROM THE Mr. Speaker, the nuclear explosion that will come after that? What mad- Mr. Chirac had been telegraphing his deci- CHAIRMAN OF THE COMMITTEE sion for some time, but it could influence the ness, Mr. Speaker. ON STANDARDS OF OFFICIAL debate in the United States. Some military Why not drop your eight nuclear CONDUCT experts in Washington would like the Clin- bombs under the Arc de Triomphe—a ton Administration to make a few more tests The SPEAKER pro tempore laid be- prided possession for the people of before a permanent ban in a treaty that fore the House the following commu- France, because, the island nations of France, the United States and other coun- nication from the chairman of the the South Pacific are the prided posses- tries have pledged to sign next year. Committee on Standards of Official sions of the 27 million people who live, Adm. Jacques Lanxade, the French armed Conduct: eat, drink, and swim in that part of the forces chief of staff, reported to Mr. Mitter- rand a year ago that the military needed to COMMITTEE ON STANDARDS world. make a few more tests to insure the reliabil- OF OFFICIAL CONDUCT, I say to the military establishment Washington, DC, June 15, 1995. ity of France’s nuclear deterrent, according of France and to the President of to Defense Minister Charles Millon. But Mr. Hon. NEWT GINGRICH, Speaker, U.S. House of Representatives, Wash- France—in the words of Bernard Mitterrand declined to lift the moratorium. Mr. Chirac, a conservative who succeeded ington, DC. Clavel, the popular novelist, ‘‘You are Mr. Mitterrand on May 7, denounced Mr. DEAR MR. SPEAKER: This is to formally no- the shame of France * * * you are the tify you pursuant to Rule L (50) of the Rules shame of France.’’ Mitterrand’s action in 1992 as ‘‘a unilateral of the House that my Committee has been disarmament decision.’’ Mr. Speaker, I include the following France’s independent nuclear deterrent, served with a subpoena issued by the United newspaper articles for the RECORD: largely submarine-based, has been the key- States District Court for the Eastern Dis- [From the Samoa News, June 15, 1995] stone of its independent national defense trict of Pennsylvania. After consultation with the General Coun- SOUTH PACIFIC CONDEMNS DECISION TO strategy since the early 1960’s, when Gen. sel, I will make the determinations required RESUME NUCLEAR TESTING Charles de Gaulle decided that dependence on the United States nuclear deterrent was by the Rule. SYDNEY, AUSTRALIA.—Countries of the Sincerely, South Pacific today sharply condemned unacceptable. NANCY L. JOHNSON, France’s decision to resume nuclear weapons f Chairman. testing in the region in September. CONGRATULATING NAVAL f New Zealand Foreign Minister Don McKinnon bitterly accused French President ACADEMY CLASS OF 1995 FRENCH NUCLEAR TESTING Jacques Chirac of ‘‘Napoleonic-De Gaulle ar- (Mr. HOYER asked and was given (Mr. FALEOMAVAEGA asked and rogance.’’ permission to address the House for 1 An angry Prime Minister Jim Bolger com- was given permission to address the plained that France had directly insulted his minute and to revise and extend his re- House for 1 minute and to revise and country which sent troops to fight two world marks and include extraneous matter.) extend his remarks and include extra- wars on French soil. ‘‘New Zealanders left Mr. HOYER. Mr. Speaker, as a mem- neous matter.) the South Pacific to defend France and to ber of the Naval Academy Board of Mr. FALEOMAVAEGA. Mr. Speaker, help France reclaim its land,’’ Bolger said in Visitors and a Member of Congress who let me cry out: ‘‘Shame on you the gov- a vitriolic attack in Parliament. ‘‘Is that our has three of the greatest Naval instal- ernment of France. * * *’’ thanks—the fingers sign because the French lations in the country in my congres- Mr. Speaker, 27 million people in the military want bigger playthings?’’ sional district—the Patuxent Naval Air Pacific cry out: ‘‘Shame on you the Bolger said France and New Zealand had Station, the Indian Head Naval Surface been ‘‘friends for generations and in one act government of France * * * for your ar- today France decided to hell with the friend- Warfare Center, and the Naval Re- rogance to explode eight nuclear bombs ship.’’ ‘‘It is not too late for France to recon- search Laboratory—I was extremely in the South Pacific starting this Sep- sider its position. There is a great deal at honored to join this year’s graduation tember.’’ stake,’’ Bolger said. Both Australia and New exercises at the U.S. Naval Academy. June 16, 1995 CONGRESSIONAL RECORD — HOUSE H 6075 Last year President Clinton in speak- the world. On behalf of all Americans, thank the pride and joy you feel in what you have ing to the graduates said that ‘‘I came you for your dedication to the idea of free- accomplished. Your family and friends share here today because I want America to dom and your commitment for defending the that pride and so do I. But along with the know there remains no finer Navy in Constitution of the United States. Best wish- celebration, this is also a moment for each of es to each of you for every future success. you to think seriously about the challenges the world than the U.S. Navy, and no Signed. Bill Clinton you will face in the future. finer training ground for naval leader- It is simply not possible to describe what a As you move forward in life, the one thing ship than the U.S. Naval Academy.’’ great honor and privilege it is for me to be you will always need is a framework on Mr. Speaker, I could not agree more the principal speaker at the sesquicentennial which to base your approach to leadership. I with the words of our commander in graduation ceremony of this great institu- have given much thought over the years to chief. tion that I love. I’m proud to be a graduate my own framework. It helped me with the of the United States Naval Academy, and I This year, the graduation speaker leadership challenges I faced—as a mid- know how proud and excited you are today shipman, an active duty submarine officer, a was Secretary of the Navy John Dal- because I remember so well how I felt as I Naval reservist, a community leader, and ton, who spoke of the timeless traits of sat where you now sit on graduation day in government official. leadership, traits I believe as Members 1964. The speaker was Congressman Carl Vin- Recently an acquaintance of mine, a theo- of this body and as a nation we should son, Chairman of the House Armed Services logian from California, sent me a list of practice in our everyday lives. I would Committee. Due to the day’s excitement, I eight specific leadership traits that he drew like to submit the address by Secretary remember very little of what he said. from chapter 27 of the book of Acts in the Three decades from now, you probably Bible. In a succinct way, he has caught traits Dalton for the RECORD and close with won’t remember much of what I say either. one of his quotes to the outstanding essential to my leadership framework. Now But, I hope that you get the main point. Ac- I’m not a preacher and this is not a sermon. graduates of the U.S. Naval Academy’s tually, in preparation for this speech I went But you certainly don’t have to be a reli- Class of 1995: back to review Carl Vinson’s text. He said, gious person to appreciate the value of these This institution is unique because its mis- ‘‘during your Navy careers there not only traits, and you don’t have to be a Biblical sion is to ensure that in your hearts you are will continue to be Secretaries of the Navy, scholar to interpret them. unique. . . . That foremost and everywhere but these Secretaries will also continue to These traits have stood the test of time. the defense of American liberty will remain shoulder heavy responsibilities.’’ Those The list is as follows: A leader is trusted, a your task . . . whether in the Naval service words did not have any significance to me at leader takes the initiative, a leader uses or elsewhere. that time. They certainly do now! Paul Nitze good judgment, a leader speaks with author- was Secretary of the Navy then and handed My congratulations to the graduates ity, a leader strengthens others, is optimis- me my diploma as I will have the honor to tic and enthusiastic, never compromises ab- of the class of 1995. present yours to you today. solutes, and leads by example. Mr. Speaker, I include Secretary Dal- At graduation last year President Clinton This list can be exemplified by prede- ton’s address for the RECORD: said, ‘‘I came here today because I want cessors of yours from this Academy who America to know there remains no finer TIMELESS TRAITS OF LEADERSHIP have captured the essence of these leadership Navy in the world than the United States (By Secretary of the Navy, John H. Dalton) traits. Navy, and no finer training ground for naval The first trait is trust. I am told by Admi- Thank you, Chuck [Admiral Larson]. I leadership than the United States Naval ral Larson that your class admires President want to congratulate you on the outstanding Academy.’’ I could not agree more. Today, I Jimmy Carter, Class of 1947, and so do I. He job you have done here at the Academy. One want to talk to you about naval leadership personifies trust. He was successful with the of the decisions I am most proud of was my and my experience here as a midshipman. Camp David Accords and the Middle East When I was a sophomore at Byrd High decision to make Admiral Chuck Larson Su- Peace Treaty, and he continues to serve the School in Shreveport, Louisiana, we had a perintendent of the Naval Academy. He has cause of peace in the world, because he is so guest speaker who said that in his opinion stepped in and demonstrated once again his honest and straightforward that he is genu- the finest overall education that anyone extraordinary leadership ability. I thank inely trusted. could get in our country was at the United you, the Academy thanks you, the Naval As plebes, you memorized a great example States Naval Academy. My mother always Service thanks you, and, above all, America of trust. At the Battle of Manila Bay, Admi- taught me to ‘‘hitch my wagon to a star,’’ so thanks you for producing such outstanding ral George Dewey (Class of 1859) turned to I decided right then the Academy was where young officers as we have graduating here the captain of his flagship and said, ‘‘You I wanted to go. That was the only place I ap- today. may fire when ready, Gridley.’’ This Acad- I am very pleased today to have two peo- plied, but in the spring of my senior year, I learned that I had not been accepted. I was emy teaches trust and Admiral Dewey trust- ple—who are very special to me—here with ed each captain and crew to fight without us. . . . First of all, my claim to fame—the devastated! So, I went to LSU for a year, which I enjoyed, but my heart was still set need for his personal direction. first lady of the Navy, my wife, Margaret A leader takes the initiative. ‘‘Carpe on the Naval Academy. The next year I was .. . and sitting with her is a young man who Diem’’ Latin for ‘‘seize the day’’ has always admitted into the Class of 1964. graduated with honors last year from David- been a fundamental tenet of leadership. son College and taught for a year at a Peace I got off to a rocky start as a plebe and continued to have some painful and hum- I find inspiration in this regard in the Corps-related service in Jamaica—teaching deeds of Vice Admiral Jim Stockdale, a kids in the third world . . . and who is going bling experiences. I wanted to row crew, but got cut plebe summer. The first time they classmate of President Carter, who took to be entering Officer Candidate School this published an unsat list for academics my command of his fellow Prisoners of War in August to become a Naval Officer of the name was on it. I wanted to fly, but my eyes Hanoi at the height of the Vietnam conflict. United States Navy: my son John. deteriorated. I competed for a Rhodes Schol- Admiral Stockdale initiated and led cohesive We are also very pleased to have with us arship and was not selected. resistance to torture and abuse despite the today an outstanding Member of Congress, But, I also had many great and memorable daily uncertainty of his own fate. who has been a strong support and friend of experiences here. I marched with the whole Good judgment is also critical to good the naval service, Congressman Steny Hoyer. brigade in John F. Kennedy’s inaugural pa- leadership. Good judgment is not just evi- I have a letter I would like to read to you rade. Sadly, I later led a special honor com- dent in success, it can be most evident in de- from our Commander-in-Chief. He wanted to pany that marched in his funeral procession feat and disappointment. be here today, but was called to that other to Arlington National Cemetery. I spent first In the Battle of the Coral Sea, the carrier Academy out in Colorado. I took the first class summer on a foreign exchange cruise USS Lexington—one of our few assets follow- prize and came here. The letter reads: with Her Majesty’s Royal Navy in Singapore. ing Pearl Harbor—took multiple hits that Congratulations to the class of 1995 as you I had the privilege to serve as a striper in caused her to list and burn. Rear Admiral complete your studies at the United States one of the truly great classes ever to grad- Aubrey Fitch (Class of 1906), commander of Naval Academy. You can take great pride in uate from here. For four years in a row, we the carrier group—and later a Superintend- the skills and character you have developed, ‘‘beat Army’’ in football . . . and I am con- ent of the Naval Academy—calmly assessed knowing that you are well prepared to meet fident that come the first Saturday in De- damage control efforts. He then turned to the tremendous challenge of leadership. cember, we are going to start that habit one the Lexington’s captain and said, ‘‘It’s time Through the past 150 years, more than 60 more time! to get the men off this thing.’’ Twenty-seven thousand Naval Academy men and women The greatest lesson I learned came from hundred lives were saved by that one judg- have helped to keep our nation great. our Superintendent, Rear Admiral Charles C. ment call. A good leader needs to make Today, America looks to you to maintain Kirkpatrick. He repeatedly told us, ‘‘You can tough decisions especially when things are this tradition of excellence. I am confident do anything you set your mind to do, and going wrong. that you will be equal to the task. As you es- don’t you forget it.’’ I pass that on to you. The next trait is at the heart of a leader’s tablish new standards of able performance You can do anything you set your mind to personality. A leader speaks with authority. and lead the Naval and Marine Corps into do, and don’t you forget it. A leader needs to have sufficient confidence the 21st Century, you will stand as a beacon I know that right now your minds are on in what he is saying so that potential fol- of liberty and democracy for nations around the end of your long voyage here . . . and lowers will be convinced. The best way to H 6076 CONGRESSIONAL RECORD — HOUSE June 16, 1995 convince people is to speak with authority. If something seemed like it was going wrong The SPEAKER pro tempore. Under a And if that authority is matched by knowl- during the dive, he would calmly go to the previous order of the House, the gentle- edge then the chances for leadership are compartment where the problem appeared woman from Ohio [Ms. KAPTUR] is rec- greatly enhanced. and sit to watch the crew handle it. How ognized for 5 minutes. The development of the concept of amphib- could you be afraid when this small, wrin- ious warfare was initiated by Marine Corps kled old man was not? How could you treat [Ms. KAPTUR addressed the House. Commandants who combined authority with safety as anything but an absolute. Her remarks will appear hereafter in conviction and knowledge. From its origins This leads to the final quality on this list the Extensions of Remarks.] during the tenures of Commandants John of traits: example. The best leaders need f Lejeune, Wendell Neville, and Benjamin fewer words than most, because they lead Fuller, through the establishment of the with their lives. In the sports world, example The SPEAKER pro tempore. Under a Fleet Marine Force under General John H. is not just ability, but both the willingness previous order of the House, the gen- Russell, all Naval Academy graduates, the to lead and the humility to support a team tleman from Michigan [Mr. EHLERS] is development of the Marine Corps as Ameri- effort that is stronger than one skilled indi- recognized for 5 minutes. ca’s expeditionary force was the result of vidual. Roger Staubach class of ’65 and David [Mr. EHLERS addressed the House. leadership. It was backed by the experience Robinson class of ‘87 are competitors who set of campaigns in the Caribbean, Central the example as both leaders and teammates. HIS remarks will appear hereafter in America, the Pacific and China. These lead- Among today’s Naval leaders, Rear Admi- the Extensions of Remarks.] ers spoke with authority in directing new ral Anthony Watson, class of 1970, has set an f ideas because they had experienced the old example that many young Americans have ideas and borne the scars. decided to follow. Raised in a public housing IN OPPOSITION TO FRANCE’S RE- Likewise, when Chief of Naval Operations project in Chicago, he was a recognized lead- SUMPTION OF NUCLEAR TEST- Admiral Arleigh Burke (Class of 1923) began er in every position from midshipman to ING IN THE SOUTH PACIFIC the project to build the first fleet ballistic Commanding Officer to Deputy Commandant missile submarine, he needed to convince here, and became the first African-American The SPEAKER pro tempore. Under a both the civilian leadership and the Navy it- submariner to make flag rank. He takes over previous order of the House, the gen- self that the program required top priority. soon as Commander of the Navy Recruiting tleman from American Samoa [Mr. The authority of his presentation was for- Command, a position that demands a very FALEOMAVAEGA] is recognized for 5 tified with his combat experience—and his public example. minutes. reflections about the deterrence implications And finally, I want to mention an academy Mr. FALEOMAVAEGA. Mr. Speaker, of that experience. graduate who exemplifies the fact that as a Member from the Pacific Islands, I A leader strengths others. A good leader women in the Navy and Marine Corps no does not seek to impose his or her own atti- longer face any limits to their dreams. Since rise again in strong protest of France’s tudes or solutions on others. Rather, the the age of ten, LCDR Wendy Lawrence, class decision to resume detonating nuclear leader provides the support and guidance of 1981, dreamed of becoming an astronaut. bombs in the South Pacific on French that prompts others to have confidence in Three years ago she fulfilled that childhood Polynesia’s Moruroa Atoll. their own abilities and decision-making. dream. She became the first female naval French President Jacques Chirac When Fleet Admiral Chester Nimitz (Class aviator chosen by NASA for the astronaut claims that the eight atomic bomb ex- of 1905) arrived to take command of the rem- program and was a mission specialist on the plosions planned—about one a month nants of the Pacific Fleet at Pearl Harbor, shuttle Endeavour’s last mission. LCDR between this September and next his first effort was to renew the confidence of Lawrence demonstrates that what matters the staff and the commanding officers that to the Naval service, above all else, is your May—are completely safe to the envi- they could go on to victory. Rather than performance as an officer. Man or woman, ronment. I am not persuaded. making heads roll, he made them think. you will rise as high as your abilities will The people of the Pacific know from Rather than emphasizing the mistakes, he take you. firsthand experience the horrors associ- convinced his subordinates that they were These eight traits of leadership provide a ated with nuclear bomb explosions and the ones to overcome the past. Those who path, a course that has been marked for al- testing. As an American, I am not served under him recalled that his very most two thousand years. proud of the legacy of the United There is a long line of Naval heroes before ‘‘presence’’ seemed to give confidence wher- States testing program of the 1940’s, ever he was. He strengthened others to be- you . . . men and women tried by history. lieve their abilities could achieve the crucial Your turn has come. That’s what you were the 1950’s, and the 1960’s on Bikini and victory that they sought. trained for. That is why the Naval Academy Rongelap Atolls in the Marshall Is- A leader remains optimistic and enthusias- has existed for 150 years. Not just to lands. Even now, a half-century later, tic. To lead effectively, see the glass as half- educate ... not just to train you in the arts that bitter legacy is still being felt in full, not half-empty. Believe, every morning, of war ... not just to provide competent of- the Marshall Islands. that things are going to be better than be- ficers. But to instill you with a commitment In particular, I have long believed fore. Attitudes are infectious. Optimism and and tradition of service and leadership that that when the United States detonated enthusiasm overcome the greatest chal- will remain with you forever. lenges. In character and in deed, you will always the ‘‘Bravo Shot’’ on Bikini Atoll—a Captain John Paul Jones captured this be the ones to set the example. This institu- 15-megaton thermonuclear bomb, a idea with the immortal quote, ‘‘I have not tional is unique because its mission is to en- 1,000 times more powerful than the Hir- yet begun to fight.’’ I have a painting of that sure that in your hearts you are oshima bomb—the Marshall Islanders famous battle between the Bonhomme Rich- unique . . . that foremost and everywhere residing on nearby Rongelap and Utirik ard and Serapis hanging in my office and it the defense of American liberty will remain Atolls were deemed expendable. These inspires me every day. John Paul Jones’s your task . . . whether in the Naval Service Pacific islanders justifiably believe or elsewhere. Those people behind you are spirit of optimism and enthusiasm has been they were used as ‘‘guinea pigs’’ and a part of our Navy since the American Revo- counting on you. When you shake hands with lution. me as you receive your diploma, let’s regard test subjects for nuclear radiation ex- A leader never compromises absolutes. De- it as a pact—a bond between two graduates periments conducted by our Nation. fense of American freedom and obedience to of this extraordinary institution—to be as People there have not forgotten memo- the Constitution of the United States are worthy as we can possibly be of those who ries of the offspring of Pacific islander two absolutes the Naval Service lives by, and have gone before us ... of those who march women infected by radiation from the for which our Sailors and Marines may face with us today ... and of those who will fol- nuclear explosions—where babies were death. low us. In a few moments, your diploma and born dead and didn’t look human and Admiral Hyman Rickover (Class of 1922), our handshake will seal that bond. And then the father of the nuclear Navy—by whom I the real challenge will begin. were sometimes called ‘‘jelly babies.’’ was interviewed for the Navy’s nuclear pro- God bless you. God bless the United States Although our country, decades ago, gram—vividly demonstrated this commit- Navy and United States Marine Corps. And stopped its nuclear testing in the Pa- ment to absolutes. He wanted to ensure God bless America. cific, our Nation is still mired in the there was no compromise in the safety of our f process of facing responsibility and submarines. And he did this by setting an ex- making financial reparations for the ample. Most Americans don’t know that Ad- SPECIAL ORDERS devastating impact that our nuclear miral Rickover went on the first trial dive of The SPEAKER pro tempore. Under bomb explosions had on the Pacific every nuclear submarine the Navy built. He knew that it wasn’t enough to simply certify the Speaker’s announced policy of May people of the Marshall islands. on paper that a new submarine was safe. If 12, 1995, and under a previous order of France has detonated over 200 nu- Sailors were going to trust their lives to an the House, the following Members are clear bombs already, with almost all of untested submarine, he would go with them. recognized for 5 minutes each. those nuclear explosions taking place June 16, 1995 CONGRESSIONAL RECORD — HOUSE H 6077 in the South Pacific. After sustaining b 1430 petuate the legacy of President Charles de the incomprehensible destructive en- Gaulle, the founder of the Fifth Republic. He Mr. Speaker, I say to the good people often shares the general’s stubborn vision of ergy unleashed by these bombs, French of France, your Government has al- Polynesia’s Moruroa Atoll has been de- France’s destiny in a Europe of proudly sepa- ready exploded over 200 nuclear bombs rate countries rather than as part of a fed- scribed by scientific researchers as a and yet it seeks to further pollute the eral United States of Europe. ‘‘Swiss cheese of fractured rock.’’ South Pacific with eight more nuclear Given France’s economic and financial Leakage of radioactive waste from the bomb detonations. With the world mov- problems, if he does win this spring Mr. underground test sites to the surrounding toward agreement that nuclear Chirac may also need de Gaulle’s ability to ing waters and air has been predicted weapons should be outlawed, France’s convince people that he knows what they want and then to carry through on it, wheth- and is inevitable; this embodies the en- action encourages the exact opposite. vironmental nightmare that the people er they like it or not. By dismissing criticism of additional ’’Politicians all make promises, but this is of the South Pacific have long dreaded. tests with the excuse that France has the first time I’ve met one who actually According to the international physi- tested less than other nuclear powers, seemed interested in listening to me,’’ said cians for the prevention of nuclear war, France opens a Pandora’s box that may Jacques Maurice, a 47-year-old homeless man underground nuclear tests, such as undermine negotiation of a comprehen- from Pithiviers whom Mr. Chirac met on the those at Moruroa Atoll, cause radio- sive test ban treaty. This also leaves way to Tours. ‘‘He’ll get my vote,’’ Mr. Mau- activity to leak out into the sea and rice said. the door open to justify China’s nu- Part of Mr. Chirac’s appeal has been that, reach human beings through the food clear testing program and the fact that unlike the stiff Mr. Balladur, Mr. Chirac chain. Previous nuclear explosives in China has only tested 34 nuclear deto- seems to enjoy rubbing elbows with voters the South Pacific have resulted in a nations, so by this reason let us allow and to be at ease with himself. On his cam- number of epidemic-like outbreaks in China to test 174 times or explode 174 paign tour, he wore a dark green top coat surrounding communities, where symp- more nuclear bombs, and then in addi- over his suit, and his slicked-back hair toms included damage to the nervous tion to that let us allow China to ex- looked almost as much in need of a trim as system, paralysis, impaired vision, Mr. Maurice’s. plode 900 more nuclear bombs to catch But Mr. Chirac’s personal image is care- nausea and diarrhoea. I do not find it up with the United States. fully thought out, as is the impassioned de- surprising that reports of increased What madness, Mr. Speaker. What livery of his campaign speech—a crooning cancer rates among Tahitians have sur- madness. baritone that always recites a prepared text. faced. The damage to the marine envi- Mr. Speaker, I submit for the RECORD Nonetheless, his hourlong stump speech here ronment can only be imagined. the following article: was often drowned out by cheers. ‘‘I refuse Political leaders in French Polyne- [From the New York Times, Mar. 21, 1995] the idea that one France, more and more people all the time, is doomed to be left be- sia, including French Polynesia’s CHIRAC, THE OLD NEO-GAULLIST, IN THE LEAD hind while the other is more and more heav- President Gaston Flosse, have reg- (By Craig R. Whitney) ily taxed to come to its aid with welfare in- istered strong objection to resume nu- TOURS, FRANCE, March 21.—Jacques Chirac, stead of jobs,’’ he told the crowd. ‘‘We have clear testing in their homeland. A hos- the Mayor of Paris, who has run for the to break this vicious circle.’’ tile reaction from the Tahitian public French presidency and lost twice, now looks Audiences have also taken to his pro-Main is generating and efforts to discourage set to win on his third attempt, unless every Street, anti-Wall Street style. Capital should violence are being undertaken. Under- public opinion poll is wrong or some surprise be at the service of the people it employs, he standably, the people of French Poly- turns up before the runoff on May 7. tells them, not parked in high-yield bonds. More and more people are obviously con- nesia are greatly disturbed by the re- Mr. Chirac surged past his fellow conservative, Prime Minister E´ douard Balladur, a vinced that he has the right answers. Two birth of the nuclear monster in their month ago to become the favorite to succeed public opinion polls published on Tuesday midst and the nuclear poison to be President François Mitterrand, a Socialist, showed Mr. Chirac pulling farther ahead of spawned. who has been in office 14 years. both his Socialist opponent, Lionel Jospin, I and many other Pacific islanders How Mr. Chirac, a 62-year-old conservative and Mr. Balladur. have the greatest respect for French politician, has managed to make himself the With at least four other candidates ex- oceanographer Jacques-Yves Cousteau, image of change incarnate is the phenome- pected to be in the race, Mr. Chirac could non of the 1995 presidential campaign. win about 29 percent of the vote in the elec- who over the years came to the shores His supporters say he has done it by pa- tion’s first round on April 23, the two sur- of many South Pacific islands for re- tiently cultivating the grass roots since the veys indicated, with as much as 22 percent search and while there gained a special summer of 1993 and listening hard to what for Mr. Jospin and 17 percent for the Prime sensitivity for the pacific lifestyle and voters say they want. With unemployment Minister. A poll for the weekly magazine Ex- our vital dependence on the sea. stuck at over 12 percent and French indus- press showed Mr. Chirac could handily defeat Jacques Cousteau, in my mind, is the tries struggling under the burdens of an ex- either candidate in the runoff between the leading international spokesman for pansive welfare state, what many voters two top vote-getters on May 7. Though he served as Prime Minister under protection of the environment and con- want is change, and Mr. Chirac has convinced a lot of them that he can deliver. Mr. Mitterrand between 1986 and 1988, Mr. servation of all forms of marine life. Although himself a graduate of the elite Chirac seldom mentions him by name. He I am gratified to learn that Jacques School of National Administration, Mr. ran against Mr. Mitterrand in 1988 for the Cousteau has condemned his Govern- Chirac says he wants to free France from presidency, and lost. ment’s decision to resume exploding technocrats and restore the egalitarian val- When the conservatives won the par- nuclear bombs in the South Pacific. In ues that have given the country vitality for liamentary elections in March 1993, Mr. a statement from Paris, Cousteau stat- 200 years. He has promised job creation by Chirac chose to stay in city hall and let Mr. making it less costly for businesses to hire Balladur find out the hard way what it was ed his regret that France has given in new employees. like to be Prime Minister and run for Presi- to outdated arguments, as great wars By now, Mr. Chirac is greeted by big dent at the same time. are of the past. Cousteau declared that crowds wherever he goes. Five thousands If he has been vindicated by that choice, today’s wisdom makes it necessary to people—students and pensioners, farmers and Mr. Chirac also has some things to live outlaw atomic arms. workers—packed a fairgrounds hall outside down. One of them is what critics character- With French opinion polls document- Tours on Tuesday night to hear him explain ized as a chauvinist appeal to the nation made at the end of 1978, when he called for a ing Jacques Cousteau as the leading how he would restore hope and unity to a country that he says is troubled by a lack of disavowal of Mr. Giscard d’Estaing’s pro-Eu- popular figure in France, I would urge self-confidence. ropean policies, and spoke darkly of the him to take up the fight with the good ‘‘What I expect from him if he wins is a big menace of ‘‘the foreigners’ party.’’ Ever people of France to stop their Govern- reduction in unemployment,’’ said Jean- since, some politicians in Germany have ment’s resumption of nuclear bomb Charles Paronnaud, a 28-year-old unem- questioned what relations with France would detonations in French Polynesia. ployed supermarket clerk. be like if Mr. Chirac became President. Jacques Cousteau, perhaps more than Another supporter, Marie-Jeanne Avril, German prowess remains very much on Mr. anyone else, has a unique and keen ap- said: ‘‘I’m here because I’m an old Gaullist. Chirac’s mind. Speaking of the possibility of For 45 years I’ve been voting for the general, establishing a common European currency preciation of how nuclear bomb explo- even though he left us long ago, and this by the end of the decade, Mr. Chirac said he sions constitute the ultimate rape of time I’ll vote for Chirac.’’ might call for a referendum to be sure the South Pacific’s fragile marine envi- Mr. Chirac founded his and Mr. Balladur’s France wanted to merge the franc with the ronment. party, Rally for the Republic, in 1976 to per- German mark and other bills. H 6078 CONGRESSIONAL RECORD — HOUSE June 16, 1995 ‘‘The core of the problem, as General de repair and maintain surface-to-air mis- CORRECTIONAL PEACE OFFICERS Gaulle often said, is not whether we surren- sile systems. The F–16 that Captain MEMORIAL der this or that bit of sovereignty, but O’Grady was flying on June 2 was shot The SPEAKER pro tempore. Under a whether we do so on the same terms as Ger- down outside of the area known as the many does,’’ he said. previous order of the House, the gen- threat envelope of the Banja Luka f tleman from California [Mr. DOO- SAMs.’’ LITTLE] is recognized for 5 minutes. WE NEED ANSWERS Now the F–16, as far as I can deter- Mr. DOOLITTLE. Mr. Speaker, today I at- The SPEAKER pro tempore (Mr. mine from news reports and from other tended the annual memorial service held at the Iwo Jima Memorial in Arlington, VA spon- FOLEY). Under a previous order of the information that we have been able to House, the gentleman from New Jersey gather, was shot down less than 40 kilo- sored by the Correctional Peace Officers Foundation, Inc., as part of National Correc- [Mr. SAXTON] is recognized for 5 min- meters from Banja Luka. It is impor- utes. tant to know that these SA–6’s are tional Peace Officers Memorial Week. This Mr. SAXTON. Mr. Speaker, I rise track-mounted vehicles along with a service was held to commemorate the sac- with some reluctance, but with some second track-mounted vehicle which rifice of those correctional peace officers who determination, to raise some questions carries the radar which integrates into died in the line of duty and to honor their fami- about a very serious matter that oc- the system, travels 30 or 40 miles per lies. I should like to submit for the RECORD the curred a short time ago. Together with hour, and so certainly it should have names of those individuals honored, together Captain O’Grady we all thank God been considered, in my opinion, within with the circumstances surrounding the indi- upon his return. It was, in fact, a mir- the envelope that short distance from viduals' deaths. acle that he has been returned to us Banja Luka, and it seems to me that Inspector Stephen Stewart, Texas Depart- ment of Criminal Justice, Huntsville, Texas. seemingly unharmed, and for that we anyone making plans to carry out these missions should have taken that Killed on January 7, 1994. Surviving: Wife, are all very, very grateful, but I think Debbie Stewart and three children, Clay- some questions need to be asked about into consideration. ton—age 22, Casey—age 21, and David—age the circumstances under which Captain So I think this raises at least three 111⁄2. Mr. Stewart was a Correctional Officer O’Grady had found himself in the air questions, maybe more: prior to promoting to Inspector. While transporting an inmate work crew, his vehicle within the range of a SAM SA–6 mis- No. 1, what intelligence did the field sile. spun out in gravel overturning the vehicle. commanders have at their disposal Inspector Steward was killed at the site. In reviewing some news reports and while making these very, very impor- Group Supervisor Arnold Garcia, Los An- some quotes of some individuals re- tant and life-threatening decisions? geles County Probation Department, Doro- cently, I was prompted to go back to a thy Cirby Center Residential Facility, Dow- report that the House Republican task No. 2, what were the operational poli- ney, California. Killed on April 4, 1994. Sur- force on terrorism and unconventional cies, and where were they made? What viving: Wife, Alma Garcia and four children, warfare issued in June of 1993 about is- were the operational policies? Christian—age 15, Fatima—age 11, Joseph— sues related to this subject. In that Our information is that there were 2 age 8, and Anthony—age 2. Supervisor Garcia month we issued a report, and I would F–16’s, and normally, if there is a was struck in the head with a desk leg and beaten to death by two wards who attacked like to read a part of it because it has threat of surface-to-air missiles, there him during the graveyard shift in the dor- a direct bearing on this issue. are five aircraft, including radar jam- mitory housing unit. The two wards were ap- Part of the report says the Serbian ming aircraft. I believe F–4’s, known as prehended in a railroad yard trying to leave forces operate four SAM regiments, Wild Weasels, would normally accom- the area. with the main concentration of Serb pany our F–16’s on these types of mis- Correctional Officer Dennis Stemen, Allen air defenses around the Banja Luka Air sions to guard against the type of Correctional Institution, Ohio Department of Base, including one SA–2 regiment, one events that actually happened. Corrections, Lima, Ohio. Killed on July 5, battery of SA–6’s, and one battery of 1994. Surviving: Wife, Patty Stemen and four No. 3, was it not reasonable to as- children, Elizabeth—age 91⁄2, Johah—age 71⁄2, old triple-A antiaircraft weaponry. sume that Banja Luka, less than 40 kil- Jordan—age 5, and Bethany—age 3. Officer Now this Banja Luka Air Base also has ometers away, was in fact part of the Stemen was killed following a transpor- a facility located on it that repairs and dangerous envelope into which these tation detail of an inmate to a hospital for upgrades SA–6 missiles. This was all airplanes were flying? treatment. After dropping off the inmate at confirmed in June of 1994 by a well-re- the hospital some hours from his institution, spected defense publication known as So I would just conclude, Mr. Speak- he and another correctional officer were Jane’s Defense Weekly when they con- er, by saying this: asked to stay and work due to a shortage of firmed all of the information we had in In 1993 we were able to gain informa- correctional officers at the hospital. Later, they started the long drive back to their fa- 1993. Unfortunately for us, I think, on tion that said this was a danger. Jane’s cility when the vehicle they were driving left June 2 General Shalikashvili, in being Weekly reported in 1994 that this was a the road causing Officer Stemen’s death. He interviewed by the Senate Armed Serv- danger. Captain O’Grady was shot down was killed when he was ejected from the ices Committee, said, and I quote: proving that it was a danger, and we State van. ‘‘We had absolutely no intelligence planned and carried out the mission Correctional Sergeant Marc Perse, Colo- that Serb SAM’s were in the area. For anyway. rado Territorial Correctional Facility, Colo- months,’’ he said, ‘‘if not for years, rado Department of Correction, Canon City, I would like answers to those ques- Colorado. Killed on August 15, 1994. Surviv- there had never been detected an air tions. I have requested the same. I have ing: Wife, Pam Perse. While a member of the defense site in that area,’’ and he said requested Chairman SPENCE to hold S.O.R.T. TEAM, Sgt. Perse was killed during the words ‘‘Banja Luka.’’ hearings on this issue. I would like to a rappelling training exercise which required So I have very serious concerns about know who is making these decisions, him to rappel down a 90 foot tower. Sergeant the fact that we knew this 3 years ago, Perse was killed when his equipment failed. and where they are being made, and Warden Charles Farquhar and wife Doris that Jane’s Defense Weekly reported it under what circumstances they are in 1994, and our top officials at the Pen- Farquhar, State Cattle Ranch, Alabama De- being made. We have other pilots, sol- partment of Corrections, Greensboro, Ala- tagon seemingly had no idea that this diers and sailors to think about. I be- bama. Killed on October 23, 1994. Surviving: in fact was the case, and so I think it lieve this is a very serious issue. Son Robbie and his wife Nita, and two grand- raises some very, very important ques- children, Drew—age 11, and Charlie—age 5. tions. f Warden Farquhar and his wife Doris were as- We read in the other news report saulted by trustee inmates at the State Cat- The SPEAKER pro tempore. Under a more recently, June 13, after we re- tle Ranch, beaten to death and then burned previous order of the House, the gen- leased our report from 1993 just rein their house. Several inmates were also tleman from New York [Mr. OWENS] is cently to the press, and that was re- killed trying to come to the Farquhar’s aid. recognized for 5 minutes. Correctional Officer Louis Perrine, Powder ported that Ken Bacon, spokesman at River Correctional Facility, Oregon Depart- the Pentagon, said at that time, ‘‘Fi- [Mr. OWENS addressed the House. ment of Corrections. Killed on November 17, nally, we were well aware of the Banja His remarks will appear hereafter in 1994. Surviving: Wife, Marilyn and three chil- Luka facility where the Bosnian Serbs the Extensions of Remarks.] dren, Steven—age 29, Anthony—age 27, and June 16, 1995 CONGRESSIONAL RECORD — HOUSE H 6079 Audra—age 25. Officer Perrine was killed offering antidiscrimination legislation majority male and perhaps a minority during the supervision of an inmate work in this body. female. crew. During heavy winter storms, he was How else could one deny that which By doing what statistics tell us he trying to clear an area with a tractor/grader we all know in our hearts to be true, probably will; that is, hire the major- when it flipped, rolling over on Officer Perrine and killing him instantly. and that is that, while we are all cre- ity male, our executives have not nec- Senior Correctional Officer D’Atonion ated equal, we, by no means, are treat- essarily engaged in overt, willful acts ‘‘Tony’’ Washington, Georgia State Peniten- ed equally in our society. of discrimination, racism, or sexism. I tiary, Federal Bureau of Prisons, Atlanta, As initially conceived by the Johnson am certainly saying and not suggesting Georgia. Killed December 12, 1994. Surviving: administration and as put in place by that all majority male executives Mother—Delphine and Father Frederick. Of- the Nixon administration, bipartisan would do any of this. But the effect is ficer Washington was alone in a housing unit Federal affirmative action programs the same. It occurs, it happens. Ninety- when he instructed an inmate to move to an- were never intended as and have never five percent of those positions are held other area and the inmate assaulted him and been applied as a knee-jerk set of quota beat him to death. by majority males. Lieutenant Robert Boud, Essex County rules and regulations. Nor have affirm- And I should note, Mr. Speaker, as Jail Annex, Department of Public Safety, ative action programs ever sanctioned we all know, there are thousands of Caldwell, New Jersey. Killed on January 8, the hiring or promotion of unqualified acts of overt and willful discrimination 1995. Surviving: Wife, Kathy and four chil- individuals over those who are emi- occurring every day, and we can bury dren, Katie—age 17, William—age 15, Mat- nently more qualified. Who would our heads in the sand and pretend these thew—age 10, and Kimberly—age 22. Lieuten- abide by that? virulent problems do not exist, or we ant Boud died of a heart attack immediately Affirmative action has always been following an inmate altercation/struggle. can openly discuss our lingering racism and remains a good-faith effort to help and sexism in ways to improve and re- Correctional Officer Leonard Trudeau, historically underprivileged Americans Metro/Dade County Department of Correc- form our affirmative action programs. tions, Florida. Killed on January 16, 1995. compete on a more equal footing in the But rather than enter into a reason- Surviving: Ex-Wife, Brenda and one child, areas of education, business, employ- able discussion of this critical national Christina—age 12. Officer Trudeau was ment, housing, and finance, simply at- issue, many demagogs have chosen enroute home following his shift when he taining the American dream. For if we their scapegoats and now seek to ex- came upon a vehicle accident. While assist- are to ever attain our American ideal ploit the economic anxieties of mil- ing the involved motorists as a good samari- of a colorblind society, which many tan, another vehicle happened upon the acci- lions of Americans, and that is why the would raise in debates all across this headlines, and the talk shows and the dent at too high a rate of speed and while Nation, carrying the flag and suggest- trying to avoid hitting the already involved blame game. vehicle, the second vehicle hit the guard rail ing that all they want is a colorblind The demagogs want Americans who and hit Officer Trudeau. society, which is where all men and are justifiably worried about a rapidly women, boys and girls, are judged sole- Mr. Speaker, we owe these people who changing global economy to believe ly by the content of their character, have made the ultimate sacrifice and their that the minorities are to blame for not the color of their skin, first stated, families who must live with the consequences their economic woes. by the way, by Dr. Martin Luther King, of that sacrifice an unparalleled debt of grati- They want us to believe that welfare then clearly we must come to terms tude. Our hearts go out to the familiesÐthe mothers are to blame for all of Ameri- with our less-than-egalitarian past. ca’s troubles. spouses, children, siblings, and parentsÐand While we focus on our brutal 400-year our prayers go up to God in their behalf. May That hard-working legal immigrants legacy of slavery that ended merely should be distrusted. we honor the deceaseds' sacrifice by so living technically only some 30 years ago, And that all young African-American our lives that we each may do our part to with the passage of our Civil Rights males are potential criminals and thus make this country a better place in which to and Voting Rights Acts, or the ‘‘glass incapable of contributing to the live. ceiling’’ that has kept women from strength of America. f achieving, like their male counter- This is shameless, this is nonsense. parts, in the American workplace, it is AFFIRMATIVE ACTION Mr. Speaker, I call upon this House, I obvious that we must do more to in- call upon the Senate, I call upon the The SPEAKER pro tempore. Under a clude a wider variety of our citizens’ leadership of this Nation and all of the previous order of the House, the gentle- talents, energies, and potential of all American people to answer the ques- woman from Texas [Ms. JACKSON-LEE] aspects of American life. The Bush ad- tion of equality truthfully. Have we is recognized for 5 minutes. ministration established the Glass reached it? Absolutely not. Can we do Ms. JACKSON-LEE. Mr. Speaker, in Ceiling Commission to keep track of it? Yes, we can. Can we do it together? light of recent Supreme Court rulings report on minority employment and Absolutely. that raise the hurdle of educational trends in American business. and economic opportunity for millions Mr. Speaker as most of my col- I challenge this society and America, of minority citizens in America, I rise leagues know, the Commission’s Feb- Let’s do it together and create a true this evening to speak about the philo- ruary report told us that 95 percent of equality for all Americans, real affirm- sophical questions now facing this Na- the top executive jobs in America’s top ative action. tion with respect to affirmative action. 2,000 corporations are still held by f Many of us saw the headlines after white men, many of whom I have had MY ADVICE TO THE PRIVILEGED Adarand was decided, and of course it the opportunity to dialog with, heads ORDERS behooves the national media to claim of these corporations who have said we that affirmative action, or maybe are still working and striving to create The SPEAKER pro tempore. Under equal opportunity, was dead. But let diversity at the higher levels. the Speaker’s announced policy of May me begin with the general principles That information can logically lead 12, 1995, the gentleman from Texas [Mr. and philosophy of affirmative action by us to two possible conclusions: Either GONZALEZ] is recognized for 60 minutes posing the simple yes or no question: majority males are naturally superior as the designee of the minority leader. Does American society today provide to all human beings and, therefore, Mr. GONZALEZ. Mr. Speaker, serv- all, all of its citizens, with an equal op- rightfully merit their positions, or ing in a body as unique as this is in the portunity to succeed? I would imagine, there is still troublesome and pervasive world, I believe the only such rep- if you were truthful, what your answer discrimination at work in our society. resentative body in the world as our would be, and if you actually answer There are all kinds of discrimination. House of Representatives reveals, we this question with a yes, you must be Let us be realistic. Some is subtle, still have the people exercising the ul- one of the following: unfortunately even subconscious, such as when a ma- timate decision as to whom they want alarmingly uninformed, or maybe far jority male executive—who happened to represent them in this most for- less than forthright, or sadly a Repub- to be hired by a majority male execu- midable and auspicious and important lican Presidential candidate for office, tive—has to decide between two simi- body known as our national legislative or some of my Republican colleagues larly qualified job applicants, another branch. H 6080 CONGRESSIONAL RECORD — HOUSE June 16, 1995 b 1445 and a disaster as far as public bene- ing officer to say flat out, ‘‘We do not It used to be that even though you ficial and creative policy is concerned. make loans to your kind of people.’’ have open and free elections, the limi- Some of it, of course, like most Banks will have nothing to fear, or if tations were of such a nature that the things, makes some sense. There are they want to engage in discriminatory general citizenry in a given sector had parts of the banking statute that im- lending, they can do so, as long as they not too much choice between can- pose needless burdens, and we enacted are not just absolutely blatant about didates, to a certain extent perhaps it legislation last year that repealed a it. is true today because of the horrendous pretty good substantial number of du- This provision, in my book, makes cost in campaigning in modern day plicative or needless or outdated regu- the bill unacceptable on its own. But American politics and the consequent lations. We did that last year. But, un- the bank lobby grab bag bill gets even power behind the power going to those happily, the bill that the Committee on worse. Bank officers and directors who have the money, directly or indi- Banking and Financial Services is whose bank fails, mind you, here are rectly. about to take up is a grab bag of bank- banks, bank owners and directors who I rise as one of the most privileged ing, lobbyist-driven excesses. As re- fail, either through incompetency or persons, not only in the United States, ported from the subcommittee, the bill crookedness or what have you, will but I think in the world. I have said guts important safety and soundness have the taxpayer pick up the tab. this often and from the beginning. In regulations, rips the heart out of basic They will have a whole lot less to no other country would the likes of consumer protection laws, and grants worry about under this bill. It is a roll- myself, with no particular economic legal protection for careless and crook- back to what we have for years fought recourse, social position, or the like, ed bank officers and directors. so much against in the past. have won election in an entire county It is unbelievable, yet we have got it. The Government will have to accept with the most formidable opposition I feel it urgent enough for me to take settlement offers or run the risk of that could be developed, well monied, time on this day, where normally I having to pay the legal costs of the de- well prepared, and as an individual would be preparing to go home, in fendants. Defendants are given new de- with no particular economic resources, order to bring the attention of my col- fenses that the courts have refused to but having had the privilege of serving leagues, including those who are mem- accept. A bank president with a bad in varying capacities since youth, had bers of the committee, about this. business judgment gets off scot-free, been in intimate contact and associa- In addition to that, as bad as that is, because under this bill stupidity is tion with every sector, not just of my the bill effectively prohibits the Jus- made a valid defense against liability. own neighborhood, but the county. tice Department from enforcing fair Oddly enough, if you can say that That, again, happened because of lending laws, which took years of anything more could be odder, the vast unique circumstances. I was one of the struggle for us to finally have enacted new protection this bill grants the so-called first breakthroughs in that some time ago. Oh, the lobbyists are bank insiders come from the very party area of the country. But even at that celebrating greatly, but the bank cus- that regularly ridicules the Govern- dim age, it was considered quite a star- tomers and the taxpayers, my advice is ment for not recovering more money tling event that the then county judge, you better check your wallets. You are from the crooks and the incompetents also serving as juvenile court judge, about to be fleeced. who raided banks throughout the wild would have picked me to head the juve- Here is an example. Under this bill a days of the eighties. nile court staff in that county at that customer whose credit card is lost or You would think that the party of time. That is quite a number of years stolen has his liability jacked up ten- rugged responsibility, and that is my ago. It was my first exposure to the fold, tenfold. If an ATM card is lost or opposition party, the so-called Repub- public matter. The last thing I ever stolen, the customer’s whole bank ac- lican Party, would want to demand thought would be that I would be en- count can easily be wiped out, with no that bank officers and directors be re- gaged in seeking public office. I grew recourse. sponsible. But far from it. They are up in the context of the world that is What this means is that credit cards making it far easier for incompetence long gone past, and structured so dif- are about to become far riskier to cus- and outright hooligans to rob a whole ferently from today that there is no tomers, so much so that they might new generation of banks and cus- way I could bring to today’s mind and want to tear up their automatic teller tomers. evoke that period of time. cards and rely on old-fashioned trans- One idea the Republicans had was to I rise because there are very impor- actions with bank tellers. But many exempt the whole new class of banks tant things happening that the average banks are raising their fees, so cus- from the requirement that the bank citizen is not going to know about, tomers, if they can find a bank in their audit committee actually be independ- even after they happen, until he feels neighborhood, may find it too expen- ent and objective, not the captive man- the impact or the effect, if at all it be- sive to do that. agement of management and insiders. comes that noticeable. This has been The bill makes it a whole lot easier But an outside audit committee is only the sorry fate for some decades now. for banks to engage in discriminatory required for a big bank, those of $500 Instead of this being the most delibera- practices. Can you feature that? After million resources or more. tive, considered body, with debate, full- all of this ado over these years about Thankfully, we may be able to pre- blown debate, that has not been the antidiscrimination fights and please, serve this protection. It sounds like a case for quite some decades. thanks to one especially zany amend- small thing, but the eighties taught us If I were to be asked after all these ment, the Justice Department is barred that a bank that does not have an inde- years and all of this what is the thing from investigating fair lending cases. pendent audit committee has very lit- you think, it isn’t any great accom- Another provision wipes out laws tle protection against a crooked man- plishment or anything, but I think the that provide the information and the agement. If the majority changes its greatest thing I would say is that I did data that can provide lending discrimi- mind, the opposition party, and insists stimulate and create the conditions for nation. Fully 35 percent of lenders are on gutting the independent audit com- debate, where there would be no escap- exempted from the Home Mortgage and mittee requirement, my friends and ing and sashaying with fine toe danc- Disclosure Act. Therefore, under this fellow citizens, you better get ready for ing out of the issues. bill, even if the Justice Department a fast increase in the number of banks Now, next week the Committee on wanted to investigate a case, it would that are robbed from the inside by Banking and Finance, as it is known not have access to lending data. their own management. now, is expected to mark up what And that is not all. The bill wipes out Inside robberies would be made easier euphoniously is called a regulatory re- any kind of case built on desperate im- by yet another provision of the bill lief bill. The number of that bill is H.R. pact theories, cases that attack situa- that remains in place, a huge new in- 1362. I say it should be 1313, because it tions that look fair but are in fact dis- crease in loans permitted for insiders. is sure going to be unlucky for the con- criminatory in their result. This means Now, banks used to be chartered for a sumers if it gets enacted. It is equally about the only way a customer could reason. In fact, that is still the basic bad for bank safety, believe it or not, win a fair lending case is for the lend- law. This was the exact and single- June 16, 1995 CONGRESSIONAL RECORD — HOUSE H 6081 minded purpose for the chartering of a lief bill may deny some lobbyist some Mr. YATES (at the request of Mr. GEP- bank. Public need and convenience. way, a wish or a hope, but it is their re- HARDT), for today, on account of ill- Those were the words of the statute as lief bill still. I cannot think of a lobby- ness. enacted originally. Public need, con- ist that the bill leaves unhappy. f venience, or necessity. I have been around here some time, One thing you would like to have is a privileged to have been so by the con- SPECIAL ORDERS GRANTED bank that makes loans to the commu- stituents in the 20th Congressional Dis- By unanimous consent, permission to nity. We have a very simple law, and, trict of Texas for a good period. Since address the House, following the legis- incidentally, the banks hate it, to try my special election in 1961, to be pre- lative program and any special orders to target that, the Community Rein- cise. So I have been here long enough heretofore entered, was granted to: vestment Act. Banks hate the idea of to know that whenever there is a feed- (The following Members (at the re- having to show that they are doing a ing frenzy like this, it is the poor folks quest of Mr. WISE) to revise and extend service to the community. The admin- out on the beltway who will end up their remarks and include extraneous istration has responded to legitimate crying and gypped and stolen from. material:) concerns about complexity in compli- No matter how you look at it, this Ms. KAPTUR, for 5 minutes, today. ance with community reinvestment. So legislation will make it difficult or im- Mr. FALEOMAVAEGA, for 5 minutes, a new regulation is now in place that possible for customers to know what a today. should make life a whole lot simpler bank is charging for loans and services. Mr. OWENS, for 5 minutes, today. for everyone. This is incredible to me, a child of that Ms. JACKSON-LEE, for 5 minutes, But lo and behold, the banks did not period of time in which it was obvious today. (The following Members (at the re- want a regulation that is sensible or that the suffering demanded that there quest of Mr. SAXTON) to revise and ex- easy to live with. They do not want be regulatory imposition. And here, tend their remarks and include extra- anything that requires them to show now, has moved full circle. So that it is neous material:) they are serving the customers. impossible for customers to know what Mr. SAXTON, for 5 minutes, today. b 1500 a bank is charging for loans and serv- Mr. DOOLITTLE, for 5 minutes, today. ices and close to impossible to avoid f So the bill now in the Committee on huge losses in credit card or ATM card Banking and Financial Services, true frauds, virtually impossible to win a EXTENSION OF REMARKS to lobby demands, would exempt 90 per- case involving discrimination and very cent of all banks from having to com- By unanimous consent, permission to much likely to be paying more for revise and extend remarks was granted ply with the Community Reinvestment bank fraud and mismanagement, which Act at all and renders the law, con- to: are bound to increase, of course, (The following Members (at the re- sequently, meaningless and useless for thanks to the way this bill shreds safe- the rest. quest of Mr. WISE) and to include ex- ty and the soundness requirements. traneous matter:) Still other parts of this nefarious bill When this legislation reaches the apparently will enable banks to change Mr. WARD. floor, it will be called regulatory relief. Ms. DELAURO. their charges and fees without prior A better name is, customer grief bill. Ms. WOOLSEY. notice, without any notice, just arbi- The lobbyists and the special interests Mr. ACKERMAN. trarily. This, of course, will make have run amok, and if this bill is en- Mrs. MEEK of Florida. banks one of the few businesses in the acted, it will be a sad day for the cus- Mr. TRAFICANT. country that do not have to tell customer and the taxpayer. Instead of Mr. ENGEL. tomers about price changes. It is abso- making up this bill next week, the Mr. COLEMAN. lutely unbelievable to me, a child of Committee on Banking and Financial Mr. TORRES. the depression era in which we saw, Services would be better advised to Mr. DIXON. Mr. MEEHAN. felt, and suffered the excesses of the tear it up and to start all over. Mr. LANTOS. banks then that are now being put I wish somehow and, in fact, pray Mr. WYNN. back in. So I think anybody who knows that something happens in the interim me knows exactly that this is what I Mr. BARRETT of Wisconsin in two in- in that we can prevail and perhaps do stances. would be doing today. so. But the reality is that the chances Banks already do not have a list Mr. LAFALCE. of that happening are minimal and, price on their main product; that is, (The following Members (at the re- therefore, I am reporting to my col- loans. Most loans are tied to a prime quest of Mr. SAXTON) and to include ex- leagues here on the record so that no- rate number, but guess what, the great traneous matter:) body can say that nobody told them so. majority of loans are made well above Mr. BURTON of Indiana. Mr. FIELDS of Texas. or well below that price. Favored cus- f Mr. SOLOMON. tomers pay below the posted rate, but ANNOUNCEMENT BY THE SPEAKER Mr. CALLAHAN. small businesses pay more, lots more. PRO TEMPORE Mrs. ROUKEMA. Of course, since there is no meaningful Mr. GILLMOR. The SPEAKER pro tempore (Mr. disclosure law, bank customers have a Mr. LIGHTFOOT. FOLEY.) Visitors in the gallery should hard time finding the best deal. It is Mr. HASTERT. about to get harder for bank customers not express sentiment. Mr. STARK. to know much about price changes or f Mr. LIPINSKI. other bank services as well, check f processing, credit card fees or whatever LEAVE OF ABSENCE else, because this pending bill appar- By unanimous consent, leave of ab- ADJOURNMENT ently strips away requirements that sence was granted to: Mr. GONZALEZ. Mr. Speaker, I move such price changes be disclosed. Mr. DICKEY (at the request of Mr. that the House do now adjourn. Another provision of this bill wipes ARMEY), for today, on account of at- The motion was agreed to; accord- out any meaningful disclosure about tending his son’s wedding. ingly (at 3 o’clock and 6 minutes p.m.), interest payments on customer depos- Mrs. MEEK of Florida (at the request under its previous order, the House ad- its. So when you understand this bill, of Mr. GEPHARDT), for today after 12:35 journed until Monday, June 19, 1995, at you discover that the customer loses p.m., on account of official business. 12 noon. any ability to easily find out who of- Mr. MINETA (at the request of Mr. f fers the best deal on deposits and who GEPHARDT), for today, on account of offers the best deal on services. The personal business. EXECUTIVE COMMUNICATIONS, customer also suffers huge new liabil- Mr. TUCKER (at the request of Mr. ETC. ities in the case of credit card or ATM GEPHARDT), for today after noon, on ac- Under clause 2 of rule XXIV, execu- loss or fraud. The bank regulatory recount of official business. tive communications were taken from H 6082 CONGRESSIONAL RECORD — HOUSE June 16, 1995 the Speaker’s table and referred as fol- BILBRAY, Mr. BROWN of Ohio, Mr. Lincoln, IL, as the ‘‘Edward Madigan Post lows: GANSKE, Ms. FURSE, Mr. MOORHEAD, Office Building’’; to the Committee on Gov- Mr. DEUTSCH, Mr. RUSH, Ms. ESHOO, ernment Reform and Oversight. 1063. A letter from the Acting Director, De- Mr. STUPAK, Mr. GUNDERSON, and Ms. By Mr. PETERSON of Minnesota: fense Security Assistance Agency, transmit- PELOSI): H.R. 1881. A bill to amend the Internal Rev- ting notification concerning the Department H.R. 1872. A bill to amend the Public enue Code of 1986 to treat for unemployment of the Air Force’s proposed Letter(s) of Offer Health Service Act to revise and extend pro- compensation purposes Indian tribal govern- and Acceptance [LOA] to Germany for de- grams established pursuant to the Ryan ments the same as State or local units of fense articles and services (Transmittal No. White Comprehensive AIDS Resources Emer- government or as nonprofit organizations; to 95–28), pursuant to 22 U.S.C. 2776(b); to the gency Act of 1990; to the Committee on Com- the Committee on Ways and Means. Committee on International Relations. merce. H.R. 1882. A bill to consolidate the Admin- 1064. A letter from the Comptroller Gen- By Mr. BOUCHER: istrator of General Services authorities re- eral, General Accounting Office, transmit- H.R. 1873. A bill to provide for protection lating to the control and utilization of ex- ting the list of all reports issued or released of the flag of the United States; to the Com- cess and surplus property, and for other pur- in April 1995, pursuant to 31 U.S.C. 719(h); to mittee on the Judiciary. poses; to the Committee on Government Re- the Committee on Government Reform and By Mr. BROWDER: form and Oversight, and in addition to the Oversight. H.R. 1874. A bill to modify the boundaries Committees on National Security, Science, f of the Talladega National Forest, AL; to the International Relations, and Small Business, Committee on Agriculture. for a period to be subsequently determined REPORTS OF COMMITTEES ON By Mr. COLEMAN: by the Speaker, in each case for consider- PUBLIC BILLS AND RESOLUTIONS H.R. 1875. A bill to provide for the convey- ation of such provisions as fall within the jurisdiction of the committee concerned. Under clause 2 of rule XIII, reports of ance of the reversionary interest of the Unit- ed States in certain lands to the Clint Inde- By Mr. SCARBOROUGH (for himself, committees were delivered to the Clerk pendent School District and the Fabens Inde- Mr. BOEHNER, Mr. CHABOT, Mr. for printing and reference to the proper pendent School District; to the Committee BROWNBACK, Mr. ARMEY, Mr. DELAY, calendar, as follows: on International Relations. Mr. COX, Ms. MOLINARI, Mr. PAXON, Mr. SOLOMON: Committee on Rules. By Mr. EVANS (for himself, Mr. Mr. BARR, Mr. BONO, Mr. House Resolution 168. Resolution amending DEFAZIO, Mr. FALEOMAVAEGA, Mr. CHRISTENSEN, Mr. FORBES, Mr. clause 4 of rule XIII of the Rules of the FRANK of Massachusetts, Ms. PELOSI, FUNDERBURK, Mr. GRAHAM, Mr. HAST- House to abolish the Consent Calendar and Mr. OLVER, Mr. HINCHEY, Mr. INGS of Washington, Mr. HOSTETTLER, to establish in its place a Corrections Cal- GUTIERREZ, Mr. DURBIN, Mr. Mr. HUTCHINSON, Mr. ISTOOK, Mr. SAM endar (Rept. 104–144). Referred to the House SERRANO, Mr. SHAYS, Mr. FOGLIETTA, JOHNSON, Mr. JONES, Mr. METCALF, Calendar. Mr. LEWIS of Georgia, Mrs. MORELLA, Mr. MILLER of Florida, Mr. Mr. ARCHER: Committee on Ways and Mr. VENTO, Ms. SLAUGHTER, Mr. NETHERCUTT, Mr. RIGGS, Mr. SALMON, Means. H.R. 1812. A bill to amend the Inter- JOHNSTON of Florida, Mr. MINGE, Mr. Mr. SOUDER, Mr. TALENT, Mr. nal Revenue Code of 1986 to revise the in- DEUTSCH, Mr. DELLUMS, Mr. BARRETT BACHUS, Mr. BAKER of California, Mr. come estate, and gift tax rules applicable to of Wisconsin, Mr. ABERCROMBIE, Mr. BARTLETT of Maryland, Mr. BARTON individuals who lose U.S. citizenship; with TORRES, Mr. BROWN of California, Mr. to Texas, Mr. BASS, Mr. BRYANT of an amendment (Rept. 104–145). Referred to WYDEN, and Mr. CONYERS): Tennessee, Mr. BURR, Mr. BURTON of the Committee of the Whole House on the H.R. 1876. A bill to support proposals to im- Indiana, Mr. CAMP, Mr. CALLAHAN, State of the Union. plement the U.S. goal of the eventual elimi- Mr. CHAMBLISS, Mrs. CHENOWETH, Mr. nation of antipersonnel landmines, to impose CANADY, Mr. CRAPO, Mr. CHRYSLER, f a moratorium on the use of antipersonnel Mr. COBURN, Mr. CONDIT, Mr. COOLEY, TIME LIMITATION OF REFERRED landmines except in limited circumstances, Mr. CRANE, Mrs. CUBIN, Mr. CUNNINGHAM, Mr. DREIER, Mr. DOO- BILL to provide for sanctions against foreign governments that export antipersonnel land- LITTLE, Mr. DORNAN, Mr. EMERSON, Pursuant clause 5 of rule X the fol- mines, and for other purposes; to the Com- Mr. ENSIGN, Mr. FOLEY, Mr. GANSKE, lowing action was taken by the Speak- mittee on International Relations, and in ad- Mr. GOSS, Mr. GUTKNECHT, Mr. HAN- er: dition to the Committee on National Secu- COCK, Mr. HASTERT, Mr. HAYWORTH, rity, for a period to be subsequently deter- Mr. HEFLEY, Mr. HEINEMAN, Mr. H.R. 1062. Referral to the Committee on mined by the Speaker, in each case for con- HERGER, Mr. HILLEARY, Mr. HOKE, Commerce extended for a period ending not sideration of such provisions as fall within Mr. HUNTER, Mr. INGLIS of South later than June 22, 1995. the jurisdiction of the committee concerned. Carolina, Mr. KASICH, Mr. KING, Mr. f By Mr. FOX (for himself, Mr. CALVERT, LAHOOD, Mr. LARGENT, Mr. LATHAM, Mr. BAKER of Louisiana, Mr. SCHU- Mr. LEWIS of Kentucky, Mr. LINDER, PUBLIC BILLS AND RESOLUTIONS MER, Ms. MCKINNEY, and Mr. Mr. LIVINGSTON, Mr. MANZULLO, Mr. Under clause 5 of rule X and clause 4 LATOURETTE): MCCOLLUM, Mr. MCINTOSH, Mr. of rule XXII, public bills and resolu- H.R. 1877. A bill to amend title 28, United MCCRERY, Mr. MICA, Mrs. MYRICK, tions were introduced and severally re- States Code, to allow suits against foreign Mr. NEUMANN, Mr. NORWOOD, Mr. states for damages caused by torture, PARKER, Mr. POMBO, Mr. RADANOVICH, ferred as follows: extrajudicial killing, and other terrorist Mr. REGULA, Mr. ROHRABACHER, Mr. By Mr. FIELDS of Texas (for himself acts; to the Committee on the Judiciary. SANFORD, Mrs. SEASTRAND, Mr. and Mr. MARKEY): By Mr. HOBSON (for himself and Mr. SHADEGG, Mrs. SMITH of Washington, H.R. 1869. A bill to amend the Communica- HALL of Ohio): Mr. SMITH of Michigan, Mr. SOLOMON, tions Act of 1934 to extend the authorizations H.R. 1878. A bill to extend for 2 years the Mr. STOCKMAN, Mr. STUMP, Mr. TATE, of appropriations of the Federal Communica- period of applicability of enrollment mix re- Mr. TAYLOR of North Carolina, Mr. tions Commission, and for other purposes; to quirement to certain health maintenance or- THORNBERRY, Mr. TIAHRT, Mr. WATTS the Committee on Commerce. ganizations providing services under the of Oklahoma, Mr. WELDON of Penn- By Mrs. MORELLA: Dayton Area Health Plan; to the Committee sylvania, Mr. WELDON of Florida, Mr. H.R. 1870. A bill to authorize appropria- on Commerce. WHITE, Mr. WHITFIELD, and Mr. WICK- tions for the activities of the Under Sec- By Mr. HORN: ER): retary of Commerce for Technology, and for H.R. 1879. A bill to authorize the Secretary H.R. 1883. A bill to strengthen parental, Scientific and Technical Research Services of the Interior to participate in the Alamitos local, and State control of education in the and Construction of Research Facilities ac- barrier recycled water project and in the United States by eliminating the Depart- tivities of the National Institute of Stand- Long Beach water desalination and reuse re- ment of Education and redefining the Fedeal ards and Technology, for fiscal year 1996, and search and development project; to the Com- role in education; to the Committee on Eco- for other purposes; to the Committee on mittee on Resources. nomic and Educational Opportunities, and in Science. By Mr. LAHOOD (for himself, Mr. addition to the Committees on the Budget, H.R. 1871. A bill to authorize appropria- RUSH, Mr. REYNOLDS, Mr. LIPINSKI, and Government Reform and Oversight, for a tions for the National Institute of Standards Mr. GUTIERREZ, Mr. FLANAGAN, Mr. period to be subsequently determined by the and Technology Industrial Technology Serv- HYDE, Mrs. COLLINS of Illinois, Mr. Speaker, in each case for consideration of ices for fiscal year 1996, and for other pur- CRANE, Mr. YATES, Mr. PORTER, Mr. such provisions as fall within the jurisdic- poses; to the Committee on Science. WELLER, Mr. COSTELLO, Mr. FAWELL, tion of the committee concerned. By Mr. BILIRAKIS (for himself, Mr. Mr. HASTERT, Mr. EWING, Mr. By Mr. TRAFICANT: WAXMAN, Mr. BLILEY, Mr. DINGELL, MANZULLO, Mr. EVANS, Mr. POSHARD, H.R. 1884. A bill to provide for school bus Mr. HASTERT, Mr. WYDEN, Mr. UPTON, and Mr. DURBIN): safety, and for other purposes; to the Com- Mr. MANTON, Mr. KLUG, Mr. TOWNS, H.R. 1880. A bill to designate the U.S. post mittee on Transportation and Infrastruc- Mr. GREENWOOD, Mr. STUDDS, Mr. office building located at 102 South McLean, ture, and in addition to the Committees on June 16, 1995 CONGRESSIONAL RECORD — HOUSE H 6083

Economic and Educational Opportunities, H.R. 359: Mr. FALEOMAVAEGA, Mr. ENGEL, H.R. 1684: Mr. DINGELL, Mr. WHITFIELD, Mr. and the Judiciary, for a period to be subse- and Mr. LEWIS of Kentucky. GILLMOR, Mr. STUPAK, Mr. FROST, Mr. LIPIN- quently determined by the Speaker, in each H.R. 447: Mr. KLINK, Mr. DELLUMS, and Mr. SKI, Mr. BURR, and Mr. GUNDERSON. case for consideration of such provisions as REYNOLDS. H.R. 1686: Mr. DUNN of Washington. fall within the jurisdiction of the committee H.R. 497: Mr. ZELIFF, Mr. WALSH, Mr. H.R. 1768: Mr. GUTKNECHT. concerned. BROWNBACK, and Mr. HAMILTON. H.R. 1801: Mr. ROHRABACHER, Ms. MOLINARI, By Mr. ZELIFF: H.R. 499: Mr. BARCIA of Michigan. Mr. PAXON, Mr. KASICH, Mr. NEUMANN, and H.R. 1885. A bill to limit the authority of H.R. 559: Mrs. MORELLA and Mr. MANTON,. Mr. BARTLETT of Maryland. the Secretary of Transportation to regulate H.R. 733: Mr. MCCOLLUM and Mr. ENGLISH H.R. 1807: Mr. CRAMER, Mr. BOUCHER, and light and medium duty commercial vehicles; of Pennsylvania. Mr. DAVIS. to the Committee on Transportation and In- H.R. 734: Mr. ENGLISH of Pennsylvania. H.R. 1818: Mr. BAKER of California, Mr. LIV- frastructure. H.R. 743: Mr. DREIER, Mr. COMBEST, Mr. INGSTON, and Mr. PAYNE of Virginia. H. Con. Res. 23: Mr. MATSUI and Mr. JOHN- By Mr. DEFAZIO (for himself and Mr. CRAPO, and Mr. CRANE. SON of South Dakota. DURBIN): H.R. 782: Mr. DEFAZIO and Mr. RIGGS. H.J. Res. 95. Joint resolution to amend the H.R. 789: Mr. EHLERS. H. Con. Res. 42: Mrs. KELLY. H. Con. Res. 45: Mr. REYNOLDS and Mr. War Powers Resolution; to the Committee on H.R. 863: Mr. GEJDENSON and Mr. VIS- FALEOMAVAEGA. International Relations, and in addition to CLOSKY. H. Con. Res. 47: Mr. MILLER of California, the Committee on Rules, for a period to be H.R. 864: Mr. LEWIS of Georgia, Mr. SEN- Mr. FORBES, Mr. GEJDENSON, Mr. MOAKLEY, subsequently determined by the Speaker, in SENBRENNER, Mr. GILCHREST, Mr. REYNOLDS, and Mr. TALENT. and Mr. BATEMAN. each case for consideration of such provi- H. Con. Res. 50: Mrs. KELLY. H.R. 868: Mr. SOLOMON, Ms. BROWN of Flor- sions as fall within the jurisdiction of the H. Con. Res. 62: Mr. ENGEL and Mr. REYN- ida, Mr. BARCIA of Michigan, and Mr. HAST- committee concerned. OLDS. INGS of Florida. By Mr. WOLF (for himself, Mr. SOLO- H. Con. Res. 63: Mr. PORTMAN, Mr. CLAY, H.R. 882: Mr. OBERSTAR, Mrs. MEYERS of MON, Mr. BAKER of California, Mr. Mr. ENGEL, and Mr. SENSENBRENNER. BARTON of Texas, Mr. BONIOR, Mr. Kansas, Mr. GALLEGLY, Mr. BURR, Mr. FRAZ- H. Con. Res. 19: Mr. REYNOLDS. ER, and Mr. GUNDERSON. BROWN of Ohio, Mr. BUNNING of Ken- H.R. 1817 tucky, Mr. CONYERS, Mr. DIAZ- H.R. 883: Mr. BROWN of California, Mr. OFFERED BY: MR. BREWSTER BALART, Mr. DICKEY, Mr. DURBIN, Mr. FRANK of Massachusetts, Mr. FATTAH, Mr. EVANS, Mr. FRANK of Massachusetts, COYNE, Mr. FARR, Mr. CONYERS, and Ms. ROY- AMENDMENT NO. 9: At the end of the bill, Ms. KAPTUR, Mr. LANTOS, Mr. MAR- BAL-ALLARD. add the following new title: KEY, Ms. PELOSI, Mr. ROHRABACHER, H.R. 899: Mr. POMBO, Mr. ZELIFF, Mr. SHAW, TITLE —DEFICIT REDUCTION LOCKBOX Ms. ROS-LEHTINEN, Mr. SENSEN- Mr. ABERCROMBIE, and Mr. WILLIAMS. DEFICIT REDUCTION TRUST FUND; DOWNWARD BRENNER, Mr. SMITH of New Jersey, H.R. 1023: Mr. LONGLEY. ADJUSTMENTS IN DISCRETIONARY SPENDING Mr. STARK, and Mr. TRAFICANT): H.R. 1024: Mr. BAKER of Louisiana. LIMITS H.R. 1085: Mr. OLVER. H.J. Res. 96. Joint resolution disapproving SEC. 126. (a) ESTABLISHMENT.—There is es- H.R. 1090: Mr. FOX and Mr. NORWOOD. the extension of nondiscriminatory treat- tablished in the Treasury of the United H.R. 1091: Mr. LEACH. ment—most-favored-nation treatment—to States a trust fund to be known as the ‘‘Defi- H.R. 1099: Mr. NEAL of Massachusetts, Mr. the products of the People’s Republic of cit Reduction Trust Fund’’ (in this title re- CAMP, MR. ENGLISH of Pennsylvania, Mr. China; to the Committee on Ways and ferred to as the ‘‘Fund’’). GEPHARDT, MR. CARDIN, and Mr. HANCOCK. Means. (b) CONTENTS.—The Fund shall consist only H.R. 1114: Mr. WHITFIELD, Mr. ZIMMER, MR. of amounts transferred to the Fund under f NETHERCUTT, and Mr. CRANE. subsection (c). H.R. 1119: Mr. MATSUI. MEMORIALS (c) TRANSFERS OF MONEYS TO FUND.—For H.R. 1172: Mr. MASCARA, MS. HARMAN, MR. each of the fiscal years 1996 through 1998, the Under clause 4 of rule XXII, CREMEANS, and Mr. POSHARD. Secretary of the Treasury shall transfer to H.R. 1204: Mr. ENGLISH of Pennsylvania, 114. The SPEAKER presented a memorial the Fund the aggregate amount of estimated Mr. MANZULLO, MR. LINDER, MR. FRANK of of the General Assembly of the State of Indi- reductions in new budget authority and out- Massachusetts, Ms. LOFGREN, MR. INGLIS of ana, relative to the Republic of China, Tai- lays for discretionary programs (below the South Carolina, and Mr. KING. wan’s, participation in the United Nations; allocations for those programs for each such H.R. 1227: Mr. MILLER of Florida, Mr. to the Committee on International Rela- fiscal year under section 602(b) of the Con- CHRISTENSEN, and Mr. CUNNINGHAM. tions. gressional Budget Act of 1974) resulting from H.R. 1242: Mrs. MEYERS of Kansas. f the provisions of this Act, as calculated by H.R. 1402: Mr. MARTINEZ and Mr. REYN- the Director. OLDS. PRIVATE BILLS AND (d) USE OF MONEYS IN FUND.— H.R. 1404: Mr. PICKETT, MR. WARD, MRS. RESOLUTIONS (1) IN GENERAL.—Except as provided in MORELLA, MR. GALLEGLY, and Mr. MATSUI. paragraph (2), the amounts in the Fund shall H.R. 1459: Mr. FRAZER, MR. ENGEL, MR. Under clause 1 of rule XXII, not be available, in any fiscal year, for ap- FROST, MR. FATTAH, and Mr. BENTSEN. Mr. WYNN introduced a bill (H.R. 1886) for propriation, obligation, expenditure, or H.R. 1552: Mr. FROST, Mr. MATSUI, MR. the relief of John Wesley Davis; which was transfer. LAUGHLIN, MR. BEREUTER, MR. WATTS of referred to the Committee on the Judiciary. (2) USE OF AMOUNTS FOR REDUCTION OF PUB- Oklahoma, Mr. PARKER, MRS. SEASTRAND, f LIC DEBT.—The Secretary of the Treasury MR. RIGGS, MR. CRAMER, MR. BAKER of Lou- shall use the amounts in the Fund to re- ADDITIONAL SPONSORS isiana, Mr. LAHOOD, MS. JACKSON-LEE, MR. deem, or buy before maturity, obligations of THOMPSON, and Miss COLLINS of Michigan. Under clause 4 of rule XXII, sponsors the Federal Government that are included in H.R. 1568: Mr. LIPINSKI, MR. BAKER of Lou- the public debt. Any obligation of the Fed- were added to public bills and resolu- isiana, and Mr. REYNOLDS. eral Government that is paid, redeemed, or H.R. 1580: Mr. ENSIGN, MR. ALLARD, MRS. tions as follows: bought with money from the Fund shall be CUBIN, MR. COOLEY, and Mr. THORNBERRY. H.R. 44: Mr. BEVILL, Mr. YOUNG of Alaska, canceled and retired and may not be re- H.R. 1594: Mr. HOEKSTRA, MR. BASS, MR. Mr. SCOTT, Mr. MOLLOHAN, Mr. LAZIO of New issued. FOX, MR. ROYCE, MR. GUTKNECHT, and Mr. York, Ms. WOOLSEY, and Mr. GALLEGLY. (e) DOWNWARD ADJUSTMENTS IN DISCRE- CHRYSLER. H.R. 65: Ms. LOFGREN, Mr. KILDEE, and Mr. TIONARY SPENDING LIMITS.—Upon the enact- H.R. 1608: Mr. REYNOLDS. TAYLOR of Mississippi. ment of this Act, the Director of the Office H.R. 72: Mr. SHAW. H.R. 1627: Mr. SPENCE, Mr. PARKER, Mr. of Management and Budget shall make H.R. 73: Mr. SHAW. LEWIS of California, Mr. STOCKMAN, Mr. downward adjustments in the adjusted dis- H.R. 103: Mr. BARCIA of Michigan and Mr. DAVIS, Mr. MCKEON, Mr. WICKER, Mr. TIAHRT, cretionary spending limits (new budget au- SERRANO. Mr. HILLIARD, and Mr. THOMPSON. thority and outlays) as set forth in section H.R. 109: Mr. TAYLOR of Mississippi. H.R. 1662: Mr. JEFFERSON, Mr. JACOBS, Mr. 601(a)(2) of the Congressional Budget Act of H.R. 112: Mr. JOHNSTON of Florida. SABO, Mr. FRAZER, Mr. WARD, Mr. OBERSTAR, 1974 for each of the fiscal years 1996 through H.R. 188: Mr. KENNEDY of Rhode Island. Mr. GINGRICH, and Mr. CARDIN. 1998 by the aggregate amount of estimated H.R. 1678: Mr. CLINGER, Mr. SPENCE, Mr. H.R. 218: Mr. JACOBS and Mr. BARRETT of reductions in new budget authority and out- SHAYS, Mr. FRANK of Massachusetts, Mr. Nebraska. lays transfered to the Fund under subsection RIGGS, Mr. INGLIS of South Carolina, Mr. H.R. 246: Mr. MCCOLLUM, Mr. SCHAEFER, (c) for such fiscal year, as calculated by the UNDERWOOD, Mr. DAVIS, Mr. SCARBOROUGH, Mr. COOLEY, Mr. LINDER, Mr. BAKER of Lou- Director. isiana, and Mr. PACKARD. Mr. GOSS, Mr. UPTON, Mr. FRELINGHUYSEN, H.R. 1817 H.R. 303: Mr. LOFGREN and Mr. TAYLOR of Mr. NEY, Mr. BRYANT of Tennessee, Mr. Mississippi. HORN, Mr. GENE GREEN of Texas, Mr. BAKER OFFERED BY: MR. GUTIERREZ H.R. 311: Mr. LEWIS of Georgia, Mr. JACOBS, of Louisiana, Mr. LATOURETTE, Mr. AMENDMENT NO. 10: On page 5, line 4, strike and Mr. POSHARD. HEINEMAN, and Mr. ZIMMER. ‘‘$72,537,000’’, and insert ‘‘$69,914,000’’. H 6084 CONGRESSIONAL RECORD — HOUSE June 16, 1995 H.R. 1817 the Federal Government that are included in fiscal year under section 602(b) of the Con- OFFERED BY: MR. HORN the public debt. Any obligation of the Fed- gressional Budget Act of 1974) resulting from eral Government that is paid, redeemed, or the provisions of this Act, as calculated by AMENDMENT NO. 11: Page 3, line 3, insert ‘‘(less $99,150,000)’’ before ‘‘, to remain’’. bought with money from the Fund shall be the Director. AMENDMENT NO. 12: Page 3, line 3, strike canceled and retired and may not be re- (d) USE OF MONEYS IN FUND.— ‘‘$588,243,000’’ and insert ‘‘$489,093,000’’. issued. (1) IN GENERAL.—Except as provided in (e) DOWNWARD ADJUSTMENTS IN DISCRE- H.R. 1854 paragraph (2), the amounts in the Fund shall TIONARY SPENDING LIMITS.—Upon the enact- not be available, in any fiscal year, for ap- OFFERED BY: MR. BREWSTER ment of this Act, the Director of the Office propriation, obligation, expenditure, or AMENDMENT NO. 1: At the end of the bill, of Management and Budget shall make transfer. add the following new title: downward adjustments in the adjusted dis- (2) USE OF AMOUNTS FOR REDUCTION OF PUB- TITLE IV—DEFICIT REDUCTION cretionary spending limits (new budget au- LIC DEBT.—The Secretary of the Treasury LOCKBOX thority and outlays) as set forth in section shall use the amounts in the Fund to re- 601(a)(2) of the Congressional Budget Act of DEFICIT REDUCTION TRUST FUND; DOWNWARD deem, or buy before maturity, obligations of 1974 for each of the fiscal years 1996 through ADJUSTMENTS IN DISCRETIONARY SPENDING the Federal Government that are included in 1998 by the aggregate amount of estimated LIMITS the public debt. Any obligation of the Fed- reductions in new budget authority and out- eral Government that is paid, redeemed, or SEC. 401. (a) ESTABLISHMENT.—There is es- lays transferred to the Fund under sub- tablished in the Treasury of the United bought with money from the Fund shall be section (c) of such fiscal year, as calculated canceled and retired and may not be re- States a trust fund to be known as the ‘‘Defi- by the Director. cit Reduction Trust Fund’’ (in this title re- issued. ferred to as the ‘‘Fund’’). H.R. 1868 (e) DOWNWARD ADJUSTMENTS IN DISCRE- (b) CONTENTS.—The Fund shall consist only OFFERED BY: MR. BREWSTER TIONARY SPENDING LIMITS.—Upon the enactment of this Act, the Director of the Office of amounts transferred to the Fund under AMENDMENT NO. 1: At the end of the bill, subsection (c). add the following new title: of Management and Budget shall make (c) TRANSFERS OF MONEYS TO FUND.—For downward adjustments in the adjusted dis- TITLE VI—DEFICIT REDUCTION cretionary spending limits (new budget au- each of the fiscal years 1996 through 1998, the LOCKBOX Secretary of the Treasury shall transfer to thority and outlays) as set forth in section the Fund the aggregate amount of estimated DEFICIT REDUCTION TRUST FUND; DOWNWARD 601(a)(2) of the Congressional Budget Act of reductions in new budget authority and out- ADJUSTMENTS IN DISCRETIONARY SPENDING 1974 for each of the fiscal years 1996 through lays for discretionary programs (below the LIMITS 1998 by the aggregate amount of estimated allocations for those programs for each such SEC. 601. (a) ESTABLISHMENT.—There is es- reductions in new budget authority and out- fiscal year under section 602(b) of the Con- tablished in the Treasury of the United lays transfered to the Fund under subsection gressional Budget Act of 1974) resulting from States a trust fund to be known as the ‘‘Defi- (c) for such fiscal year, as calculated by the the provisions of this Act, as calculated by cit Reduction Trust Fund’’ (in this title re- Director. the Director. ferred to as the ‘‘Fund’’). H.R. 1868 (d) USE OF MONEYS IN FUND.— (b) CONTENTS.—The Fund shall consist only OFFERED BY: MR. SANDERS (1) IN GENERAL.—Except as provided in of amounts transferred to the Fund under paragraph (2), the amounts in the Fund shall subsection (c). AMENDMENT NO. 2: On page 5, line 14, delete not be available, in any fiscal year, for ap- (c) TRANSFERS OF MONEYS TO FUND.—For ‘‘$26,500,000’’ and insert ‘‘0’’. propriation, obligation, expenditure, or each of the fiscal years 1996 through 1998, the On page 5, line 23, delete ‘‘$79,000,000’’ and transfer. Secretary of the Treasury shall transfer to insert ‘‘0’’. (2) USE OF AMOUNTS FOR REDUCTION OF PUB- the Fund the aggregate amount of estimated AMENDMENT NO. 3: On page 5, line 14, delete LIC DEBT.—The Secretary of the Treasury reductions in new budget authority and out- ‘‘$26,500,000’’ and insert ‘‘1’’. shall use the amounts in the Fund to re- lays for discretionary programs (below the On page 5, line 23, delete ‘‘$79,000,000’’ and deem, or buy before maturity, obligations of allocations for those programs for each such insert ‘‘1’’. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, FIRST SESSION

Vol. 141 WASHINGTON, FRIDAY, JUNE 16, 1995 No. 99 Senate (Legislative day of Monday, June 5, 1995)

The Senate met at 10 a.m., on the ex- RECOGNITION OF THE MAJORITY next week, take it up the following piration of the recess, and was called to LEADER week. order by the President pro tempore The PRESIDENT pro tempore. The f [Mr. THURMOND]. able majority leader is recognized. THE TELECOMMUNICATIONS Mr. DOLE. Thank you, Mr. President. LEGISLATION PRAYER f Mr. DOLE. Mr. President, let me also The Chaplain, Dr. Lloyd John SCHEDULE indicate, as I said yesterday, we passed Ogilvie, offered the following prayer: a very important piece of legislation, Mr. DOLE. This morning, leader time Almighty God, before us is a brand- telecommunications legislation. And has been reserved and there will be a new day filled with opportunities to obviously there were many, many peo- period for morning business until the live out our calling as servant leaders. ple who deserved to be thanked for hour of 11 a.m. At 11 a.m., the Senate We trust You to guide us so that all we their effort. Certainly, the chairman of will resume consideration of the mo- do and say will be to Your glory. the committee, Senator LARRY PRES- tion to proceed to S. 440, the National SLER of South Dakota, and members of Since we will pass through this day Highway System bill. his staff, and Senator HOLLINGS and only once, if there is any kindness we I have announced there will be no can express, any affirmation we can members of his staff, and many mem- rollcall votes during today’s session of bers of the committee. I wanted to communicate, any help we can give, the Senate. Cloture was filed last night free us to do it today. Help us to be make certain I did not forget to thank on the motion to proceed, and there David Wilson on my staff, who has been sensitive to what is happening with will be a vote on that cloture motion people around us. We know that there following this issue almost on a day-to- at 3 o’clock on Monday. day basis for the past several months. are unmet needs beneath the surface of I am hopeful that maybe during to- the most successful and the most self- I certainly appreciated his efforts and day’s session there can be some agree- his insight into the very delicate issues assured. Today some are enduring hid- ment reached on S. 440, the National den physical and emotional pain, oth- which were involved in the legislation. Highway System Designation Act of Mr. President, I understand there ers are fearful of an uncertain future, 1995. It is a very important piece of leg- and still others carry burdens of worry will be speakers coming to the floor. In islation. It affects every State. There the meantime, I suggest the absence of for families or friends. May we take no are one or two controversial areas. One one for granted, but instead be commu- a quorum. is the Davis-Bacon Act, and one is the The PRESIDING OFFICER (Mr. nicators of Your love and encourage- maximum speed limit compliance pro- THOMAS). The clerk will call the roll. ment. gram. Those two issues, I assume, will The legislative clerk proceeded to As this intense and busy week comes be debated for some time. But it is my call the roll. to a close, we express our gratitude for hope to complete action on this bill no Mr. DOLE. Mr. President, I ask unan- all of the people who make this Senate later than Tuesday of next week, and imous consent that the order for the function so effectively: Each Senator’s then at that point to either go to regu- quorum call be rescinded. staff, the officers and staff of the Sen- latory reform, if that is ready—there ate, the guards and the Secret Service, are negotiations ongoing as we speak, The PRESIDING OFFICER. Without the maintenance crews and the people and there are still about 10 areas of dif- objection, it is so ordered. who work so faithfully in hundreds of ference, but if we can reach a biparti- Mr. DOLE. Mr. President, I know crucial tasks. Today, as the Senate san compromise on regulatory reform, leaders’ time was reserved. pages graduate, we thank You for these we would hope to take it up on Wednes- f outstanding young men and women day—or the other possible proposal who have served in the Senate for these would be welfare reform. And again, THE ENTERTAINMENT INDUSTRY past months. We thank You for each there is some difficulty on both sides, I Mr. DOLE. Mr. President, remarks I one of these future leaders of our Na- might say. Republicans are having made in California a few weeks ago tion. Lord, You have richly blessed this some difficulties. I understand the have played a role in starting a new na- Senate so that You can bless this Na- Democrats may be, too. But that is tional debate on how the entertain- tion through its inspired leadership. In again a very important piece of legisla- ment industry has contributed to the Your holy name. Amen. tion we hope to be able to resolve if not coarsening of our culture.

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

S 8525 S 8526 CONGRESSIONAL RECORD — SENATE June 16, 1995 I was certainly not the first in this You do not cure discrimination with Serb and Krajina Serb militants; a res- Chamber to take some to task for plac- more discrimination. toration of civil rights to all minori- ing profits ahead of the innocence of So, Mr. President, I welcome the Su- ties in Serbia; and a restoration of civil our children. Senators SIMON and preme Court’s Adarand decision. It and human rights and political auton- BRADLEY have fought the good fight on clarifies the standard of review that omy to the 2 million Albanians in this matter for many years. must be applied to Federal laws and Kosova. One thing that those Senators and I regulations that grant preferences on It is time to stop this farce. know, however, is that what we do here the basis of race. And perhaps as im- Milosevic is no peacemaker. He is the on the floor of the Senate, matters far portant, it is a wake-up call to Con- author of the tragedies in Croatia, in less than what occurs out in the real gress to put the Federal Government’s Bosnia, in Kosova. His regime must be world. own troubled house in order. held responsible for its actions, not re- Until Americans hold accountable f warded for its pretensions. those who debase our culture, then f there is little hope for progress. BOSNIA MORNING BUSINESS But there are definite signs of Mr. DOLE. Mr. President, the facts progress all across the country. And are out: The New York Times reported The PRESIDING OFFICER. Under today, I wanted to congratulate radio last weekend that the Milosevic regime the previous order, there will now be a station KGRM, which is the campus is actively aiding its Bosnian Serb al- period for the transaction of morning radio station at Grambling State Uni- lies—sending military assistance and business not to extend beyond the hour versity in Shreveport, LA. fuel, SAM–6’s, and even paying the sal- of 11 a.m., with Senators permitted to Earlier this week, the station an- aries of many Bosnian Serb officers. speak therein for not to exceed 5 min- nounced that, as a protest against pro- This comes as little surprise to me, utes each. fanity and obscenity, it will not play since I have been extremely skeptical Under the previous order, the Sen- rap music for 19 days. of Slobodan Milosevic’s reincarnation ator from Maryland [Mr. SARBANES] is The station’s assistant director recognized to speak for up to 15 min- said—and I quote—‘‘If we can give stu- as peacemaker—an image the Clinton administration has actively promoted utes. dents a format that’s free of obscenity The Senator from Maryland is recog- in a desperate bid to devise a Bosnia as far as words and lyrics, I think nized. they’ll be receptive to it.’’ policy. Mr. SARBANES. I thank the Chair. Indeed, the recent hostage taking by Mr. President, Robert Kennedy once (The remarks of Mr. SARBANES per- said ‘‘Each time a man stands for an the Bosnian Serbs, followed by their re- taining to the introduction of S. 934, S. ideal, or acts to improve the lot of oth- lease as a result of Milosevic’s efforts, 935, S. 936, S. 937, and S. 938 are located ers, or strikes out against injustice, he has called into question the theory of a in today’s RECORD under ‘‘Statements sends forth a tiny ripple of hope.’’ split between Milosevic and Radovan on Introduced Bills and Joint Resolu- This morning, radio station KRGM is Karadzic. tions.’’) In my view the issue is not whether transmitting much more than just f words and music. It is also transmit- or not Milosevic and Karadzic are ting a ripple of hope. I congratulate friends or political rivals, but whether THE TELECOMMUNICATIONS ACT them for their courage. or not their objectives are the same. OF 1995 f The real question is, do Milosevic and Mr. MCCAIN. Mr. President, yester- Karadzic both want a greater Serbia? day the Senate passed S. 652, the Tele- THE ADARAND DECISION It seems to me that the answer is communications Reform Act of 1995. Mr. DOLE. Mr. President, last Mon- yes—and that this charade of good cop, This is historic legislation that will day’s Supreme Court ruling in the bad cop, has been useful in furthering substantially change the communica- Adarand case is good news for those that objective. tions industry in this country. who believe that the Federal Govern- Apparently administration sources Although the legislation alters the ment works best when it works to were aware of this support from Bel- status quo, I was not able to support it unite all Americans of all backgrounds. grade but continued with the approach due to the fact that the bill fundamen- In her majority opinion, Justice San- of easing sanctions on Serbia. Those of tally reregulated, not deregulated the dra Day O’Connor correctly rejected us in the Congress who believed this telecommunications industry. the Clinton administration’s position policy was unwise for a number of rea- I strongly support passing tele- by insisting that Government-spon- sons—including the fact that it re- communications reform. For too long sored racial classifications, no matter moved leverage on the deteriorating this issue has been dictated by the how well intentioned, are inherently situation in Kosova—were told that courts. This is an abrogation of con- suspect and must meet the very high- lifting sanctions would help bring gressional authority, and the Congress est standard of constitutional review— peace to Bosnia because Milosevic is now compelled to play catch-up. It is the standard of review known as strict would recognize Bosnia. imperative that the Congress imple- scrutiny. Mr. President, this report should ment a comprehensive, complete policy Whatever our race or ethnic back- prompt an immediate review of the ad- that will encourage free market com- ground, the simple truth is that we are ministration’s approach. Now is not petition and breed industry innovation all Americans. We all pledge allegiance the time to lift or further suspend that will ultimately benefit the to the same flag. We all pay taxes to sanctions on Serbia. The Milosevic re- consumer. Legislation that will accom- the same Government. We all share the gime is clearly supporting Bosnian plish this must contain provisions that same hope of a better future for our Serb and Krajina Serb forces—and deregulate and fosters true competi- children and grandchildren. And on the maybe even orchestrating their action. battlefield, we all bleed the same tions. In addition, it is continuing to Unfortunately, the bill passed by the blood. As Justice Scalia said in his con- oppress the Albanian majority in Senate, S. 652, does exactly the oppo- curring opinion, and I quote: Kosova—which is in its 6th year under site. Regulation is increased and con- In the eyes of government, we are just one martial law. gressional, and Federal Communica- race. It is American. Mr. President, I intend to offer an tions Commission micromanagement is No doubt about it, the evil of dis- amendment to the foreign aid bill advanced. This bill establishes a regu- crimination continues to exist in the which would amend current Serbian latory regime that reallocates existing America of 1995. And, unfortunately, sanctions legislation—originally spon- markets, controls and limits future we have not yet achieved the color- sored by Senator LEVIN—to include growth, and effects changes to the blind ideal for which so many have val- strict criteria for the lifting of United communications industry through a se- iantly struggled. But fighting discrimi- States sanctions on Belgrade. This cri- ries of complex, excessive regulation. nation cannot become an excuse to di- teria will include a complete cutoff of The best way to truly help the vide Americans by race, by ethnic military, political, or other material consumer is to allow industry the max- background, by gender. support from Belgrade to the Bosnian imum flexibility to grow and prosper. June 16, 1995 CONGRESSIONAL RECORD — SENATE S 8527 That can be accomplished through de- universal service obligation and an- Mr. President, I am sure that my col- regulation. History shows us that de- other amendment to means test the leagues will be glad to join me in con- regulation of industry benefits the community users section of the bill. gratulating the 1995 NBA World Cham- consumer. We should be working to Both improved the bill. pion Houston Rockets. For a team that pass legislation that deregulates. Last, although I could not support started the playoffs with the sixth seed S. 652 contains a prescription for a this legislation, I want to thank Chair- in the tournament, they are the lowest larger and more intrusive Government man PRESSLER. He did a masterful job seed ever to win a World Champion- in Washington. of shepherding this bill through the ship. The Rockets showed their most The bill mandates over 80 new regu- Senate. He deserves specific praise for adamant critics that they were not latory proceedings that the Congres- his efforts. about to give up. In the words of head sional Budget Office estimates will I also want to thank ranking Member coach Rudy Tomjonavich, ‘‘Never un- cost over $81 million to implement. HOLLINGS, Senator ROCKEFELLER, Sen- derestimate the heart of a champion.’’ Moreover, it is squarely at odds with ator SNOWE, and Senator PACKWOOD. Mr. President, I just wanted to make nearly a quarter century of well-con- Their staff also deserve considerable sure that we recognized this great sidered, soundly crafted, and broadly praise for their efforts and hard work. team effort, and the heart of these successful regulatory reform initia- I also want to thank Adam Thier of the champions. And I am very proud of the tives which commanded strong biparti- Heritage Foundation, Bob Corn-Revere Houston Rockets today, as last year, san support and, in the final analysis, of Hogan & Hartson, and Jeffrey for their repeat world championship in yielded substantial consumer dividends Blumenfeld and Christy Kunin of basketball Wednesday. for the American public. Back in 1970, Blumenfeld & Cohen for their input and I yield the floor, and I thank you, Mr. the Senate Commerce Committee advocacy regarding the telecommuni- President. began work to deregulate a number of cations voucher program. f key, infrastructure industries. Airline, I appreciate their help, and I thank truck and rail, broadcast, maritime, them for their efforts. THE SURGEON GENERAL cable, and freight regulatory reforms f Mr. SIMON. Mr. President, we have were initiated and successfully carried been without a Surgeon General now forward. These reforms paralleled HOUSTON ROCKETS WIN NBA for 6 months. I was very pleased when changes which were occurring in the CHAMPIONSHIP Senator DOLE mentioned he was going world at large, as the notion of perva- Mrs. HUTCHISON. Mr. President, on to meet with Dr. Foster. I hope that sive, central economic planning by Wednesday a team from my home meeting can take place. I think the Government—embodied in the now- State, the Houston Rockets, won their vote in our committee clearly illus- bankrupt Communist teaching and doc- second consecutive NBA Championship, trated there is a will on the part of this trine—faltered and competitive free en- defeating the Orlando Magic four body to confirm Dr. Foster. I notice terprise concepts were adopted and em- games to none. The Rockets overcame even those who voted against Dr. Fos- braced. everything from injuries to midseason ter had praise for his dedication and Senator PACKWOOD and I offered a se- trade to, finally, one of the toughest sincerity. I hope we can move soon on ries of amendments to S. 652 to make playoff schedules over. this Foster nomination. I think we the bill more deregulatory. One amend- To understand the full significance of have delayed enough. ment would have eliminated from the Wednesday night’s victory, Mr. Presi- If he is going to be voted down, let us bill provisions which give the FCC ex- dent, you must understand the history vote him down. But I think we will ap- cessive and unnecessary policymaking of Houston’s two star players, Hakeem prove him. I think he should be ap- power. Another would have struck the Olajuwon and Clyde Drexler. Both at- proved. I think those of us who were on community users provisions in the bill. tended the University of Houston in the committee who heard him testify A third amendment would have re- the first part of the 1980’s. In 1983 and were very impressed by what he had to placed the bill’s universal service 1984, Olajuwon and Drexler took their say. scheme with a voucher system that University of Houston team to the f would have truly empowered consum- NCAA National Championship game. ers. Soon after, they both went their sepa- NOMINATION OF DR. HENRY FOS- Unfortunately, all of those amend- rate ways. But this past Valentine’s TER TO BE SURGEON GENERAL ments were defeated. Day, in a trade many sports critics Mr. KENNEDY. Mr. President, I wish I do want to thank the Commerce called unnecessary, the Rockets put to address the Senate on the situation Committee chairman and ranking Drexler back with his old college team- facing the President’s nomination sub- member for accepting some other mate Olajuwon. Wednesday night, the mitted to the Senate for the office of amendments. I had sought to change critics were proven wrong. Surgeon General. the definition of the universal service The Houston Rockets set an NBA Mr. President, it is now nearly 4 contained in the bill. The universal playoff record by winning seven road months since President Clinton sent to service definition was far too broad and games in a row. On their way to the the Senate the nomination of Dr. would have potentially cost consumers NBA title, they won 11 out of their last Henry Foster to be Surgeon General of and companies hundreds of millions of 13 games. In the Western Conference the United States. On May 2 and 3, the dollars. The committee adopted the Finals, they defeated the team with Labor Committee held hearings on the definition of universal service that I the best record in the regular season, nomination and on May 26 the commit- proposed as part of the manager’s another treasured Texas gem the San tee voted to approve the nomination package of amendments. Antonio Spurs. As a team that never and sent it to the full Senate for final Also included in the manager’s pack- got the respect that it deserved when it action. age was an amendment I intended to won the title last year, Houston can Already 3 weeks have passed and offer to strike the DBS tax provisions now celebrate a title that will long be nothing further has happened. It is in the bill. The legislation contained remembered. For most of the team, the time for a vote. language that would have authorized second one is so much sweeter; but to Dr. Foster has demonstrated his im- the States to order DBS television pro- Clyde Drexler, after 12 years in the pressive qualifications, his character, viders to act as State tax collectors. NBA, this is the sweetest. and his vision for the future of health This was an ill-conceived concept and I Mr. President, to repeat as cham- care in this country. During the com- am very pleased that it was struck pions with a four-game sweep is un- mittee hearings, he successfully put to from the bill. precedented. Five times the Rockets rest the charges attacking his char- I was also very pleased that the com- faced elimination and five times—with acter and his ability. He earned the ad- mittee accepted my amendment man- poise, determination, and character— miration and respect of the committee dating that the FCC report any in- they prevailed. The championship was and the American public. Even some creases in the fees charged to commu- a total team effort and everyone con- who opposed the nomination have ex- nications companies as part of their tributed. pressed the belief that the Senate S 8528 CONGRESSIONAL RECORD — SENATE June 16, 1995 should vote. Other opponents have Teenage pregnancy is a crisis of dev- the issues on abortion. That is what is threatened to filibuster to prevent a astating proportions. The United behind this delay, and it is wrong. final vote. States has the highest rate of teenage Dr. Foster has appeared before the It is time for the Senate to act. By pregnancy in the industrial world. committee, answered the questions, now it is obvious that Dr. Foster is a More than a million U.S. teenagers be- has been reported out, and he is enti- highly principled physician and educa- come pregnant every year, and every tled to a vote. Even two members of tor who has devoted his life and his ca- day the problem gets worse. Dr. Foster our committee who voted in opposition reer to the service of others. His record can be the national spokesman we need indicated that they believe the Senate is outstanding. He has been widely on this issue to educate teenagers ought to vote on this. praised for his contributions to the about the risks of pregnancy. We have to ask ourselves, how much quality of health care for his patients, Every day, every week, every month, longer do we have to wait? This is a for his service to his community, and every year, the number of teenagers timely, important, sensitive position, for his research and teaching and medi- lost to this epidemic grows further out and this country is being denied the cine. We do a disservice to Dr. Foster, of control. With Dr. Foster’s leader- leadership of Dr. Foster, and we have the Senate and the Nation as a whole ship, we have an unparalleled oppor- no adequate explanation about why by prolonging this process. tunity to deal more effectively with that is the case. The nominees are enti- The Nation has now been without a this cruel cycle of teenage pregnancy, tled to be debated and to be reported Surgeon General for 6 months, and dependency and hopelessness. out and, once reported out, they are there is no justification for further Dr. Foster’s ‘‘I Have a Future Pro- entitled to be voted on in the U.S. Sen- delay. Only one issue is holding up this gram’’ has been a beacon of hope to ate. nomination. Many other issues have inner-city teenagers. His program pro- So, Mr. President, I hope that we will been raised as a smokescreen, but they vides the guidance they need to make have an opportunity the next time the are easily dispelled. The real issue de- responsible, sensible decisions about majority is looking around for some- laying this nomination is the issue of their health and their future and to put thing because we are not ready to deal abortion. The diehard opponents of a themselves on the road to self-suffi- with the welfare reform issues, and we woman’s right to choose are doing all ciency and productivity and away from are not prepared to deal with some they can to block this nomination be- dependency, violence and poverty. He other issue, that we can move ahead on cause Dr. Foster participated in a has taught them to say no to early sex the Dr. Foster nomination. We are small number of abortions during his and yes to their futures and to their ready to debate it. The committee is 38-year career. But Dr. Foster is a baby education and to their dreams. ready to debate it. We are entitled, he doctor, not an abortion doctor. He has Dr. Foster has devoted his life to giv- is entitled, and the country is entitled delivered thousands of healthy babies, ing people a chance, giving women the to have a vote on that nomination, and often in the most difficult cir- chance for healthy babies, giving ba- I hope that it will be very soon. bies a healthy childhood, giving teen- cumstances of poverty and neglect. As f one commentator has observed, ‘‘Dr. agers a chance for successful futures. Now Dr. Foster deserves a chance of Foster has saved more babies than Op- TELECOMMUNICATIONS COMPETI- his own, a chance to be voted on by the eration Rescue.’’ TION AND DEREGULATION ACT entire Senate. I urge the majority lead- In any event, abortion is a legal med- SECTION 252(a)(2)(A) er to do the right thing and bring this ical procedure and a constitutionally nomination up before the Senate and a Mr. PACKWOOD. Section 252(a)(2)(A) protected right. It is not a disqualifica- vote by the entire Senate. requires a separate subsidiary for all tion for the office of Surgeon General Mr. President, I heard earlier during information services except those that of the United States. And there is no the debate and discussion that we have were being offered before July 24, 1991. justification for some of our Repub- legislation before us that is going to be Since that date literally hundreds of lican colleagues to try to make it one. necessary to pass by October. I daresay information services have been initi- Dr. Foster is an obstetrician and a that every day that we delay in terms ated and offered, because July 24, 1991, gynecologist, and it is no surprise to of approving Dr. Foster is a day when is the day before the information serv- anyone that he has participated in this Nation is lacking in the leadership ices line of business restriction was abortions. Those who have heard Dr. of this extraordinary human being who lifted by the MFJ court. This means Foster describe his vision for health can do something about today’s prob- that all of those services have to be care and have examined his record lems, not problems and challenges that shifted to a separate subsidiary on the know about the lives he has saved, the the States are going to face in the fall, date of enactment of this act. hundreds of young doctors he has but today’s problems, tomorrow’s prob- Are there not two problems in your trained, his outstanding research on lems, on the problems of teenage preg- view: First, the bill does not grand- sickle-cell anemia and infant mortal- nancy and the problems of child and father all existing information serv- ity, his model program on maternal maternal care, and all the range of ices. Second, it will be impractical for and infant care, and his public health problems that are across Bell operating companies to transfer groundbreaking work to combat teen- this country. existing information services to a sepa- age pregnancy. President George Bush That individual ought to be ap- rate subsidiary prior to the date of en- thought so highly of Dr. Foster’s ‘‘I proved. We ought to have a debate. If actment of this act. Have a Future Program’’ in Nashville the majority leader was looking for Mr. PRESSLER. Yes; I agree. It is that he honored it with the designation something to do on a Friday, we ought my intention to address these problems as one of his thousand points of light. to be debating that today and voting in conference. With this nomination, the Nation has on it today, instead of debating the f an unprecedented opportunity to deal issue that is going to deny working more effectively with some of the more families income to put bread on the ROTARY PEACE PROGRAM ON difficult challenges facing us in health table. POPULATION AND DEVELOPMENT care today and to do it under the lead- We can ask what our priorities are. Mr. NUNN. Mr. President, I have re- ership of an outstanding physician and The majority has selected to debate cently been contacted by Mr. David an outstanding human being who has Davis-Bacon, not to debate the quali- Stovall, a constituent from Cornelia, devoted his life to providing health fications of Dr. Foster. As much as I GA. In addition to his professional care and for opportunity to those who am sympathetic to where we might be work at Habersham Bank and his com- need the help most. in the fall, I am concerned about the munity service with the chamber of As Dr. Foster has stated, his first pri- public health conditions of the Amer- commerce and the Georgia Mountains ority will be to deal with the Nation’s ican public today. There is no excuse— Private Industry and Local Coordinat- overwhelming problem of teenage preg- no excuse whatsoever—not to bring ing Committee, Mr. Stovall serves in nancy, and he is just what the doctor him up, other than the power of those the Habersham County Rotary Club ordered to lead this important battle. who have expressed their views about and as governor of Rotary District 6910. June 16, 1995 CONGRESSIONAL RECORD — SENATE S 8529 It is in his capacity as a Rotary Dis- (3) That the Trustees of the TRF, in their interviews and ceremonies at the White trict Governor that Mr. Stovall humanitarian works, give high priority to House and Pentagon, Captain O’Grady brought to my attention a recent ‘‘Ro- projects which promote the role of women in has continued to talk about his faith in tary Peace Program’’ put on by the Ro- development and which recognize the impor- God, country, family, and coworker. tance of the environment and population; tary Foundation of Rotary Inter- (4) That the education of Rotarians and Are these values unique to Scott national. Entitled ‘‘Population and De- non-Rotarians on the subject of population O’Grady or to members of the Armed velopment: A Global Perspective for be carried out through the existing infra- Forces? Clearly, living, working, and, Rotary Service,’’ the event brought to- structure of Polioplus, or a variation there- when called upon, fighting and dying gether Rotarians from District 9100, of. Be it further together are unique aspects of life in Resolved, (5) That the Trustees provide ap- which includes Rotary clubs in 15 West the Armed Forces which build the ca- African nations, and Rotarians from propriation for and begin research and development in support of a 3–H product, to serve maraderie and faith in your fellow District 6910, which includes 57 Rotary workers that are so evident in the mili- clubs from throughout North Georgia. as a model, addressing the subject of population and development. tary. These values are critically impor- At the Dakar Peace Program, the Ro- tant when one’s work requires you to tarians were examining an issue of con- f put your life in the hands of others. cern to many Americans—that is, the WAS CONGRESS IRRESPONSIBLE? As a member of the Senate Armed population growth in a number of THE VOTERS HAVE SAID YES countries in the world which are in- Services Committee, I am involved in capable of meeting the agricultural, Mr. HELMS. Mr. President, as of the decisions on defense budgets and poli- the environmental, the medical, and close of business yesterday, Thursday, cies which remind me every day of the the economic challenges that accom- June 15, the Federal debt stood at important responsibilities we have for pany such high races of growth. $4,893,073,460,637.78. On a per capita the men and women of our Armed Mr. President, these Rotarians, meet- basis, every man, woman, and child in Forces. We must work to ensure that ing in Dakar, Senegal, serve as an ex- America owes $18,574.19 as his or her they are properly trained, equipped, ample of how nonprofit service organi- share of that debt. and motivated—as Captain O’Grady zations can take actions which contrib- f and the members of the rescue forces ute to the public debate and help to clearly were—if they are going to be further policy objectives. To this end, I WHAT AN AIR FORCE PILOT’S able to continue their vital work of en- ask unanimous consent to have printed RESCUE SAYS ABOUT AMERICA suring our national security. Too often in the RECORD at the conclusion of my Mr. LIEBERMAN. Mr. President, in recent times, the dedicated men and remarks the resolution adopted at the America rejoiced last week when the women of our military have been Dakar Peace Forum. news broke of Air Force Capt. Scott tarred with a brush of scandal because I also want to recognize other Geor- O’Grady’s rescue from Serb-controlled of the proper acts of just a few. These gia Rotarians who participated in the territory of Bosnia after being missing acts are cause for concern and should Dakar Peace Forum. They include for 6 days. We were relieved know that be taken seriously as the Senate al- Buck Lindsay of Lawrenceville, David he was safe and sound and we were ways has. But at the end of the day, I Roper of Martinez, James Lyle of Au- eager to receive a sliver of good news believe that what we see in Captain gusta, and Dr. Ruby Cheves of Union from a region where day after day for 3 O’Grady and those brave servicemen Point. years we have been besieged by reports and women who rescued him is the best There being no objection, the mate- of the murder of innocents, genocide, representation of what our Armed rial was ordered to be printed in the and international hooliganism on a Forces are and what they stand for. RECORD, as follows: scale unseen since the dark days of But the values we have seen reflected A ROTARY PEACE PROGRAM BY THE ROTARY World War II. in the words and deeds of Scott FOUNDATION OF ROTARY INTERNATIONAL Our elation could not help but grow O’Grady are, in fact, the values which RESOLUTION when this young F–16 pilot stepped be- Americans have prized throughout our Whereas, The Trustees of Rotary Inter- fore the microphones for the first time national have endorsed a Rotary Peace Pro- history. They are what has made gram on the topic of World Population and after his rescue. His words filled us America great. They are the values Sustainable Development, held this date in with pride and reminded us of what which most of us learned from our par- Dakar; makes the men and women of our ents in homes across America. Scott’s Whereas, in Forum, assembled Rotarians Armed Forces so special and what is mother and father should be proud of from Districts 6910 and 9100, and other parts special about America. After 6 days of the way they taught these values to of the Rotary World, along with NGOS in the eating grass, drinking rain water, and their son. field of population, have discussed in detail hiding from armed Serbs who were try- The daily barrage of headlines of vio- the topic of Population and Development; ing to kill him, this young man’s first Whereas, Recognized international and lence in the homes and streets of words were of his thanks to God, his governmental experts on the subject of popu- America, stories of broken homes, and parents, his comrades-in-arms, and his lation and development have presented de- indications of racial and religious big- tailed information on the subject and par- country. As remarkable as his own ac- otry could lead one to conclude that ticipated in the deliberations; tions were in the face of considerable there is a cancer growing on America’s Whereas, the Forum considered the conclu- hardship and danger, Scott O’Grady spirit. I do not believe it and I doubt sions of the International Conference on told the world that he was not the hero Population and Development held in Cairo, that most Americans believe it. Egypt in 1994, encouraging and promoting rein this situation—in his view it was the brave men and women who risked their Americans are as they have always spect for all human rights and for fundamen- been—people of faith, courage, patriot- tal freedoms for all; lives for him by conducting a continu- Whereas, The participants in the Forum ous search effort and, when at last he ism, and hard work. Perhaps it is time expressed unanimous consensus that World was located, flying into enemy terri- to remind ourselves of what is good Population is an issue of extreme importance tory to snatch him away and bring him about us and to allow our values to and is an area in which Rotary must accord- home. come to the surface again where they ingly apply its humanitarian attention; now Though he spoke for less than 2 min- can help pull us above our fears and in- therefore: be it Resolved, That recommenda- securities. tion should be and is hereby made to the utes in that first appearance before a Board of Directors of Rotary International cheering crowd at Aviano Air Base and, America owes young Scott O’Grady a and to the Trustees of TRF that the follow- thanks to instant communications, the debt of gratitude—for the professional ing priorities be recognized: entire world, his words should give us manner in which he performed his du- (1) That awareness be promoted at all lev- all pause and cause us to consider the ties as an officer in the U.S. Air Force els among Rotarians and others on the sub- values he reflects: trust in God, love of and for the reminder that he has given ject of Population and Development, in fo- family, unwavering confidence in his us of what it takes to survive in these rums, including conferences, assemblies, institutions and peace forum; country, and faith in the abilities of troubled times. America should rejoice (2) That the Directors establish a Task his colleagues in each of the military with his return—and reflect upon what Force on Population and Development; services. Throughout the past week of it says about us as a nation. S 8530 CONGRESSIONAL RECORD — SENATE June 16, 1995 AFFIRMATIVE ACTION . . . [U]nder our Constitution there can be me about the concerns that the FAA no such thing as either a debtor or creditor does not get the necessary funds and it Mr. MCCONNELL. Mr. President, I race. . . . In the eyes of the government, we would like to address the Supreme is absolutely hamstrung in some areas are just one race here. by layers and layers of red tape. They Court’s historic decision in the Mr. President, in the Foreign Oper- Adarand case handed down earlier this say the FAA is ripe for reform. After ations Subcommittee of the Appropria- serving in this body now in my second week. A majority of the Court, led by tions Committee, which I chair, we will Justice Sandra Day O’Connor, found term, after 6 years, I would have to have an opportunity to review at least agree with that. that preference and set-aside programs one of these set-aside programs. It re- But many of the proposals I have ordered by the Federal Government quires a percentage of certain cat- seen are only superficially attractive. must be examined under the strictest egories of foreign aid to be managed by The numbers just do not add up. The judicial scrutiny. Justice O’Connor’s minority contractors. Under the administration’s ATC Corporation opinion states that equal protection of Court’s decision in the Adarand case, idea—there is no industry support for the laws, as guaranteed by the Con- we will now examine the set-aside pro- an entirely privatized ATC. stitution, extends to every person, not gram under the strict scrutiny test. to particular groups. The administration will have to estab- So today I am joining with Senator These preference programs are based lish a compelling interest to justify the INHOFE in his introduction of legisla- on notions of group entitlement. As a continuation of preference and set- tion to provide some realistic, mean- practical matter, this decision will aside programs. In this time of very ingful reform for the FAA. It will rees- make it very difficult for the Federal scarce dollars, and especially scarce in tablish the FAA as an independent Government to justify the more than the context of foreign aid, it’s hard to agency with an administrator who has 150 preference programs that currently imagine the administration’s justifica- a fixed term in office of 7 years and a exist. This decision is an important tion for anything other than the most management advisory committee made step in making this Nation truly color efficient and economical use of our for- up of members of the private sector to blind. eign aid dollars. advise the administrator on manage- The case involved a Federal sub- I look forward to the ramifications ment policy, spending, and regulatory contract on a highway project. Under and implications of the Adarand case matters. the Surface Transportation Act of 1987, and the revision and even end to many This measure will provide the FAA Department of Transportation gives a of the Federal Government’s preference with major personnel, procurement and bonus to a general contractor who programs and policies. finance reforms that I think it needs. hires subcontractors who qualify as so- The PRESIDING OFFICER. The Sen- It will mandate that the FAA take ac- cially and economically disadvantaged. ator from Montana. tion on safety-critical regulations in a Under the Small Business Administra- f more timely manner. This bill will give tion definitions, disadvantaged is pre- the FAA more flexibility in making sumed to include African-Americans, FEDERAL AVIATION corrections without risking its record Hispanic-Americans, women, native ADMINISTRATION REFORM of safety. Americans, and other minority group Mr. BURNS. Mr. President, yesterday It is my hope this bill will be a start- members. my good friend, the distinguished Sen- ing point from which we can gain some Despite Adarand Construction’s low- ator from Oklahoma, introduced a bill consensus among this body, and in this est bid on a Colorado highway project to reform the FAA. There is probably Congress, and we hope that consensus to build a guardrail, the general con- no institution in this town that needs will evolve rather quickly. I under- tractor gave the subcontract to a mi- reform more than it does. In my home stand Senator MCCAIN is also working nority firm. Adarand sued, claiming a State of Montana we take aviation, on a proposal to reform FAA. He is the violation of its right to equal protec- particularly general aviation, very se- chairman of the Aviation Subcommit- tion. riously because we are a very large tee on the Commerce Committee. His Justice O’Connor, citing earlier af- State but we are the 44th in popu- knowledge of not only flight but also firmative action cases which had lation. We are the fourth largest State, this agency is unexcelled, and I hope he clouded the issue of the validity of 148,000 square miles. The Chair under- will welcome this bill and that it will these programs, wrote that classifica- stands about that, coming from Wyo- be a valuable contribution to what he tion based upon race which appear to ming, our good friend to the south. So is trying to do. Maybe we can really be benign are not really benign, but you could say both of us have quite a get together and put reform on the fast ‘‘are in fact motivated by illegitimate lot in common. There is quite a lot of track. We can work together. I think it notions of racial inferiority or simple dirt between light bulbs in our part of can be supported by everyone in the racial politics.’’—from her own plural- the world and not many folks in be- aviation community. It is needed. ity opinion in Croson. tween. So, for us having general avia- Also, we have to be very mindful that This decision comes in the midst of tion in a healthy mode and our ability not just airlines use FAA. It is very lots of attention to these preference to fly point to point is not a luxury, it important we maintain it at a healthy programs. There is a movement in is often a necessity in the West. level for general aviation because of California to abolish preference and set So we have a very strong, hard-work- the points I spoke about earlier on aside programs. Gov. Pete Wilson re- ing and well organized pilot commu- today. cently did away with preferences in nity in Montana. I am proud of my State employment by executive order strong relationship with the thousands With that, I support this reform as it and there is likely to be a ballot initia- of pilots in my State. Many of them starts down the track. We hope we can tive next year. President Clinton has are flying ranchers and that is the way get a consensus and reform it before ordered a review of Federal preference they get their parts, that is the way the snow flies this fall. policies, and congressional leaders, in- they do a lot of business, a lot of their Mr. President, seeing no other Sen- cluding the majority leader, have travel. ators on the floor, I yield the floor and called for close examination of these I have been watching the debate I suggest the absence of a quorum. programs. about reform of the Federal Aviation The PRESIDING OFFICER. The Americans have no tolerance for ra- Administration and the Air Traffic clerk will call the roll. cial discrimination, but they also have Control system with some concern, and The bill clerk proceeded to call the no patience for discrimination which is I share those concerns with my friend roll. committed under the guise of making from Oklahoma. The pilots who talk to up lost opportunity for those who be- me tell of outdated equipment that Mr. WELLSTONE. Mr. President, I long to certain groups. You can’t dis- their air traffic controllers are forced ask unanimous consent that the order criminate against one group to benefit to use. I have heard the same concerns for the quorum call be rescinded. another. Justice Scalia said it best in from air traffic controllers all over the The PRESIDING OFFICER. Without his concurrence in the Adarand case, country, as a matter of fact. They tell objection, it is so ordered. June 16, 1995 CONGRESSIONAL RECORD — SENATE S 8531 CONCLUSION OF MORNING on the underlying bill. But in a letter ing conditions; this is no small issue BUSINESS of May 2, I and other colleagues indi- for the Senate; and it is no small issue The PRESIDING OFFICER. Morning cated that we intended to engage in ex- for people in this country. I have to business is closed. tended debate on this bill if this Davis- tell you, Mr. President, that the larger Bacon repeal amendment was adopted, issue, what is really at stake I think f so no one should be surprised by our can be shown rather graphically by NATIONAL HIGHWAY SYSTEM DES- presence here today. this chart. IGNATION ACT—MOTION TO PRO- I would like to talk first about the If you look at historical trends in CEED Davis-Bacon piece of legislation, just real family income—and the source of to summarize it for those who are this is the Bureau of Census, Depart- The PRESIDING OFFICER. Under watching this debate, and then talk ment of Commerce —if you look at real the previous order, the Senate will now about what I consider to be the larger family income, what you get between resume consideration of the motion to question, the larger issue that is before 1950 and 1978 is something like this. proceed to S. 440. the Senate, and therefore before the For the bottom 20 percent of people in The Senate resumed consideration of country. our country, real family income in 1993 the motion to proceed. First, on Davis-Bacon, Mr. President, dollars went up 138 percent. The PRESIDING OFFICER. The Sen- back in the early thirties, this piece of ator from Minnesota. Now, in our country I think people legislation was passed and the basic say that is the way it should be. The Mr. WELLSTONE. I thank the Chair. idea was as follows: Where the Federal Mr. President, I might say to my col- bottom 20 percent, their family income Government is involved in construc- goes up 138 percent. The second 20 per- league from Rhode Island, I had some tion contracts, we want to make sure remarks prepared, and intend to speak cent goes up 98 percent. The middle 20 that wages that are paid to those work- percent, family income goes up 106 per- for awhile, but I wondered, if he wanted ers are consistent with the prevailing to start off, he can. cent. The fourth 20 percent —now we wage of the community. In other are getting toward the top—111 per- Mr. CHAFEE. No. Mr. President, I words, the Federal Government is the thank the distinguished Senator from cent, and then the top 20 percent, real big player here, and it is kind of right family income goes up 90 percent, be- Minnesota. I am here to listen to the out of Florence Reese’s song ‘‘Which persuasiveness of his argument. I will tween the years 1950 to 1978. Side Are You On?’’ Either the Federal That is sort of the American dream, say that this bill is important. As we Government is involved on the side of all know, unless we pass this legisla- Mr. President. That is what people care the contractor in paying wages below about, that is real growth in family in- tion by the end of September of this the prevailing level of the community year, our States will be deprived of come. And during this period, we see a or the Federal Government—being a trend that is very consistent, with the some $6.5 billion of highway funds, Government that cares not just about which we need. So I think it is unfortu- kind of standard of fairness that people the largest multinational corporations in the country believe in. nate we are involved in this filibuster, in the world, not just about the people Now, Mr. President, we look at 1979 but that is obviously the choice of who have the financial wherewithal, to 1993, and what we see is a country those on the other side. I am perfectly but a Government that cares about growing apart. prepared to hear the remarks of the wage earners, cares about working Senator from Minnesota. families, and says we will make sure As a matter of fact, more recent re- Mr. WELLSTONE addressed the that our involvement is to assure that ports that have come out have shown Chair. the wages paid to working people—in that we have the greatest gap in in- The PRESIDING OFFICER (Mr. this particular case we are talking come in wealth than we have ever had ABRAHAM). The Senator from Min- about highway construction workers— since we started measuring these nesota is recognized. is consistent with the prevailing wage. things. Mr. WELLSTONE. Given the few re- Mr. President, I would just simply So, Mr. President, we see that be- marks of my colleague from Rhode Is- tell you that proposition is based upon tween 1979 and 1993, for the bottom 20 land, it probably would be important a standard of fairness in which I think percent, real family income goes down for me to clarify the situation. the vast majority of the people of the by 17 percent; the second 20 percent Mr. President, I agree that the under- United States of America believe. real family income goes down by 8 per- lying bill, this highway bill, is ex- Second, Mr. President, the impor- cent; the middle 20 percent real family tremely important to the country. The tance of Davis-Bacon, which is why income goes down by 3 percent; the debate is really not about the underly- this piece of legislation has been with fourth 20 percent real family income ing bill. The debate is about Federal us for well over a half a century, is rises by 5 percent; and for the top 20 prevailing wage standards under the that by making sure you have some percent, real family income goes up by Davis-Bacon law, and an effort to re- kind of prevailing wage standard you 18 percent. peal Davis-Bacon, at least in relation also have higher quality labor and So, Mr. President, what is really to the highway construction work that higher quality work that is done. And going on here is a debate about where is done. when it comes to the highways and to the Federal Government fits in and What is attached to this bill is an the bridges and to our physical infra- what kind of public policy throughout amendment to repeal the Davis-Bacon structure, it is pretty darned impor- the country is responsive to working law in relation to highway construc- tant to the people of Minnesota and families. This is the squeeze that peo- tion work. That is what is unfortunate. Michigan and Rhode Island and Vir- ple feel within the country, and I say So those of us who are taking on this ginia and elsewhere that the highest to my colleague, and I say to people issue in this debate are not doing it, if quality work is done. That is part of who are watching this debate, at the you will, Mr. President, of our own how we measure benefit and how we very time that real family income is choosing. That is to say, we are more measure cost. going down, at the very time that the than willing to have a full-scale debate So, Mr. President, what is at issue is bottom 80 percent of the population about the importance of the Davis- not the underlying bill. What is at feels this squeeze, what are we doing? Bacon legislation first passed in 1931. issue is that within this piece of legis- Some are trying to overturn a piece of We do not believe that this debate lation is this one provision which legislation that has served this country should be taking place right now. We would repeal Davis-Bacon as it relates well and served working families well. do not think this amendment to repeal to highway construction work, which I We are now trying to bring down wages Davis-Bacon should be a part of this understand is about 40 percent of the in our communities, and we have a piece of legislation. That is really the work covered by Davis-Bacon. This is Congress which, up to date, has been debate. The debate is not about the un- no small issue. This is no small issue to unwilling to even raise the minimum derlying bill at all. My colleague from working people; this is no small issue wage. So this debate is all about fair- Rhode Island will certainly find me to when it comes to wages; this is no ness. This debate is all about what be very supportive of much of his work small issue when it comes to fair work- matters to people in the country more S 8532 CONGRESSIONAL RECORD — SENATE June 16, 1995 than any other issue: a good job at a Mr. WELLSTONE. I say to my col- Mr. President, people in the country good wage. league, I have been accurate. feel an economic squeeze. People are Mr. SIMON. If my colleague will Mr. WARNER. Mr. President, I am worried about whether or not there are yield for just a series of questions. If not sure the Senator pointed out that going to be good jobs. Let me just we repeal Davis-Bacon, does that, in this chart—it seems to me the Senator present some alternatives to what I any way, depress the wages of that top was talking to the entirety of Davis- think this effort is all about, and I cer- 20 percent that has already gone up 18 Bacon. tainly hope my colleagues will support percent? Mr. WELLSTONE. I say to my col- us in blocking this effort, because this Mr. WELLSTONE. Certainly not. If league from Virginia, Mr. President, effort to repeal this provision of Davis- you look at average wages in the con- that before he came in, I first defined Bacon that applies to highway construction field, it is about $25,000- Davis-Bacon, I talked about the pur- struction workers does not take us into $30,000, or thereabouts. pose of Davis-Bacon, the public inter- the 21st century. In fact, this takes us Mr. SIMON. Then where, if we pass est accomplishments of Davis-Bacon, back to the 19th century. the repeal of Davis-Bacon, does it have and I then went on and said this Let me present an alternative formu- its impact? amendment dealt with highway con- lation. You say you want to have wel- Mr. WELLSTONE. I say to my col- struction as it applies to Davis-Bacon league from Illinois that if we repeal and gave the figure 40 percent. fare reform, and we need to reform that Davis-Bacon as it applies to highway What I will now say to my colleague system. We are going to have a debate construction, or even beyond that— is that we are talking about something on welfare reform, and hopefully not on which has everything in the world to larger than just the highway construc- something that is called welfare re- do with making sure that we do not de- tion workers and we are talking about form, but is really an effort to punish press prevailing wages in our commu- a larger question than just Davis- women and children. nities—what you are really going to Bacon. What we are talking about is, if Here is real welfare reform: A good see is a drop in incomes for the middle you look at the most recent years, an education, good health care, and a good 20 percent, the second 20 percent, and enormous squeeze on really the bottom job. If we want to reduce poverty in the bottom 20 percent. 80 percent of the population. So that is America—say, for example, the poverty Mr. SIMON. So what we will be doing really the issue here, and that is what that exists 10 blocks from where we are if we pass Davis-Bacon is depressing I am now trying to pinpoint. right now in Washington, DC, or the the wages of those who already are los- Mr. President, I thank my colleague poverty in Minnesota, Illinois, Massa- ing in our society. from Virginia for his questions. chusetts, Rhode Island, or Virginia, the Mr. WELLSTONE. That is precisely So, the reason I am on the floor with answer is a good education, good the point, I say to my colleague. Senator KENNEDY from Massachusetts health care, and a good job. Mr. President, the most fundamental and Senator SIMON from Illinois is, A, Mr. President, if you want to reduce flaw of all with this provision in the Davis-Bacon passed in 1931. Why? To violence in this Nation—and we all bill is that it depresses the wages of make sure that when the Federal Gov- do—you hold people accountable that the very families that are the most ernment is involved in these contracts, commit these crimes, no question hard pressed in this country. I say to we are on the side of making sure that about it. But, Mr. President, talk to my colleague, we are not talking just the wages that are paid to those work- any judge, police chief, or sheriff, and about the poor, we are talking about ers are at least consistent with the pre- they will all tell you the same thing: middle-income working families, vailing wages of the community and we We also have to reduce violence by fo- around $25,000, $30,000, a year. do not get involved or we are not on cusing on a good education, good Mr. SIMON. I thank my colleague. the side of employers who depress health care, and a good job. Mr. WARNER. Mr. President, will my wages for people in the community. colleague yield for the purpose of a B, we support the underlying bill, but Mr. President, if you want to have a question? this provision should not be a part of stable middle class, people need a good Mr. WELLSTONE. I will be pleased this bill. We ought to have a separate education, good health care and a good to yield. debate on Davis-Bacon because of the job. If you want to have a democracy— Mr. WARNER. The amendment of the significance of this. When you are try- we have a democracy—that is why we Senator from Virginia, which is the ing to overturn a piece of legislation love this country and why I love being current subject of discussion, relates that has been a part of the political in the U.S. Senate, you have to have only to the highway program. And in and social landscape of this Nation for men and women who can think on their the Senator’s presentation, he is sort over 60 years and has been a part of own two feet and understand the world of talking about all Davis-Bacon when, fundamental economic justice and has and the country and the community in fact, it is only roughly 38 percent of been consistent with the idea that peo- they live in. The only way that can the program. ple ought to make decent wages on happen is a good education and a good So I think it is important to be accu- which they can support their families, job. rate here. We are talking about just you do not put it in as part of a high- Mr. President, this effort to repeal that part of Davis-Bacon relating to way bill. You deal with the whole legis- the part of Davis-Bacon that affects the Federal Highway Program, are we lation separately, and then you have the highway program is mistaken. This not, I ask my colleague? that debate. takes us back to the 19th century, not Mr. WELLSTONE. Mr. President, I And then C, what I am now trying to forward into the 21st century. I simply say to my colleague from Virginia, I do in this presentation is point out contend that the future for our country used the figure 40 percent earlier, 38 again, if I can ask for the first chart, is twofold. First, we need to under- percent or 40 percent; that is correct. what is really the larger context. This stand that our real national security is About 40 percent of Davis-Bacon con- is what I think American politics is all to invest in the skills, intellect, and tracts are highway related. When you about in many ways. character of young people. The real na- consider all of the billions of dollars From the years 1950 to 1978, the vast tional security is to make sure we that we spend on highway construc- majority of people in this country—and focus on a good education for our citi- tion, I think that’s a lot. I mean, 40 this is the American dream—saw a real zens. The real national security is to percent of Davis-Bacon, 40 percent of increase in real family income, and make sure we focus on good jobs at de- prevailing wages in communities from 1979 to 1993, we have seen a grow- cent wages. across our country, 40 percent that af- ing apart in this Nation. That is a fact. fects these families that are most hard And for the life of me I do not know This effort is mistaken. This effort pressed is not an insignificant percent- why in the world colleagues would be turns the clock back, and that is why, age. so anxious to repeal a law that is so in every way possible, those of us on Mr. WARNER. Mr. President, I do not consistent with economic justice, eco- the floor today intend to defeat this ef- contest that point, but let us be accu- nomic opportunity, fair wages and op- fort to repeal the provisions of Davis- rate that we are talking about only the portunities for working middle-income Bacon. Federal Highway Program. families in America. I will yield for a question. June 16, 1995 CONGRESSIONAL RECORD — SENATE S 8533 Mr. ABRAHAM. I would like to ask cially down in the last year or so. But us of our capacity to invest in our- my colleague this on the chart indicat- I think that to use this chart to reflect selves. And, on the other hand, we have ing from 1979 to 1993. Can he say wheth- or create the illusion that there has not been able to invest in the economy er or not during that period of time the been a sort of straight-line decrease and in education in such a way that we aggregate numbers he has there were really does not capture the essence of have an economy that produces the reflective of a straight-line decrease in what happened during this timeframe kinds of jobs that people can count on, the share for the people in the lowest when, in fact, there was a sharp decline thus leading to a disappearing middle. 20 percent and an increase for the peo- during the first 3 years of this and a In that context, I say to my col- ple in the top 20 percent, or if there significant incline for all groups, all league—and I will yield for a question were fluctuations during that period, quintiles on the chart, for about 8 from the Senator from Illinois—it sim- and if he is familiar with the year-by- years, and a decline over the last 3 ply baffles me why Senators would year data during that timeframe? years. So I am not sure that the 14-year want to eliminate a law that now pro- Mr. WELLSTONE. I say to my col- chart really reflects what happened in vides wage earners in the construction league that I am not familiar with the terms of policy or in terms of family industry—who are paid right around year-to-year variation thereof. But I income. $25,000 or $30,000 a year, with assurance think, as a matter of fact, what hap- Mr. WELLSTONE. Mr. President, I that they will get a decent wage. pened in the United States, in the last will be pleased to yield the floor in a Why are we now trying to depress decade and a half, is what’s been called while, but let me just say to my col- people’s wages? Why are we now trying the deindustrialization of America. We league, in the spirit of collegiality, be- to repeal a piece of legislation that has have seen, in the United States of cause I like debating my colleague been so important to workplace fair- America, what Robert Kuttner and from Michigan because he is so ness and fair wages? Why in the world others have called a ‘‘disappearing thoughtful, and the country would be a are we trying to pass a piece of legisla- middle class.’’ We have seen in the lot better off with more thoughtful de- tion that will depress wages? We can United States an economy that is pro- bate. have this academic debate over and ducing some jobs, but not the kind of First, I did not actually talk about over again as to when it went up, down, jobs that families can count on, be- political parties. I did not talk about or who is to blame. But that is the cause they do not pay a decent wage President Reagan or President Bush. I central question. or, I say to my colleague from Michi- did not talk about political parties. Mr. ABRAHAM. Mr. President, I will gan, do not provide a decent fringe ben- And for the families—— say that I think it is an academic de- efit. Mr. ABRAHAM. I did not mean to bate, because the question about wage So the point is that as you look at suggest that. The chart has been pre- earners that we are talking about—and this period of time from 1979 to 1993, we sented under a number of cir- we are going to encounter this question are now in a period where the vast ma- cumstances. in the budget debate—is which policies jority of families—really if you get Mr. WELLSTONE. I am trying to say cause wages and family income to go right down to it, the bottom 80 per- it is kind of an academic point for the up, and which policies cause them to go cent—have been under an enormous bottom 80 percent of the population, down. squeeze. who really feel an economic squeeze as I submit policies of high tax and high Mr. ABRAHAM. I have seen this to whether or not, for a while, it was a regulation tend to cause these wage chart, of course, in our Budget Com- little better and then much worse. The earner family incomes to go down. The mittee meetings and our Labor Com- fact is that this is what has happened concern I have using charts like these mittee meetings, and on the floor sev- in the United States in the last few is that they do not necessarily reflect a eral times. I think it may have origi- decades. And that’s why the vast ma- consistent set of policies. nated with Secretary Reich from the jority of people are under tremendous During the period that is involved Department of Labor, who used this economic pressure. there, we had two very traumatic chart to argue that the economic poli- The second point. There is an inter- shifts. It began in an era with a policy cies over that last period, the period in esting correlation between what my of higher taxes and low regulation, and question, 1979 to 1993, have been con- colleague from Michigan talked about wages went down. It shifted to a policy sistent policies. This chart is usually and the debate we are now having on of lower taxes and less regulation, and employed to argue that it has been the the deficit, which is to say that my col- family incomes went up dramatically, Republican policies that were harmful league is quite correct that we actually then shifted one last time to policies of to certain segments of the economy, had a very deep recession in 1982. Those higher taxes and higher regulation particularly certain income groups. were not good years. And then we had again, and they have begun to decline. But I have tried to look at this chart in a recovery, although it was a recovery I think we need to examine this. My terms of the policies that were in place supported by a politics and economics point today is to reflect the fact that during that timeframe. What I discov- of illusion, because it was based on there are changes within that time- ered was that there were some very sig- debt. That, of course, was the propo- frame that are reflected in changed nificant changes during that time- sition that we could slash the revenue policies that I think do affect workers frame. It begins in 1979. That is during base, which we did with what was and make these inquiries more than a timeframe in which we had President euphemistically called the Economic academic. Carter in office, and we had policies of Recovery Act of 1981, and dramatically Mr. WELLSTONE. Mr. President, ac- higher taxes and more regulation. We increase the Pentagon budget and tually I think we interpret our history had very high interest rates in this other expenditures. And all of that a little differently. country and quite high inflation during would lead to high levels of productiv- As a matter of fact, if we were to just that timeframe. Those policies were ity, high levels of great jobs, middle- take the period of the 1980’s, and we pretty much in effect, Mr. President, class jobs. And in addition, if we want- were to take the Reagan and Bush ad- until about 1982, when after 1 year of ed to go back to the speeches given ministrations, what we saw—talking the Reagan administration, the change then, it would lead to reducing the def- about real income going up—what we in policies took place. icit and eliminating the debt. saw in this period, which the Senator Now, between 1979 and 1982, you have That was a politics of illusion. A pol- views as such a heyday for wage earn- a significant decline, a very significant itics that prompted an explosion of the ers, was a massive redistribution of in- decline in family income during those debt during that period from under a come up the wage scale, leaving low- years. Then from 1982, I discover that trillion, as I remember, when President and moderate-income people behind. you have a reversal of course, and I Reagan took office, to where we are This is what was called trickle down think we all recall that there was a right now, well over $4 trillion. economics. It is simply not the case, substantial increase for the next 8 Mr. President, what we have seen that middle-income and working fami- years or so in family income. It starts happen is the worst of both worlds. On lies found themselves benefiting from back down again around 1989, 1990. And, the one hand, we have piled up record the decades of the 1980’s. This was a as the Senator noted, it has gone espe- debt, and the interest on that debt robs decade of sharp income inequality, a S 8534 CONGRESSIONAL RECORD — SENATE June 16, 1995 decade with a rise in poverty, a decade dramatic, but it is shrinking. There are it did create the kind of increased defi- of fewer jobs people can count on. We few people moving up, and more people cits that were referred to. still feel the squeeze. moving down. I agree with the assessments that I cannot understand why in the world If we repeal Davis-Bacon, that trend those deficits did hurt. I do not know some of my colleagues now want to re- will accelerate. That is not good for whether it is 19 or 25 percent. One of peal a piece of legislation that at least this country. What we need is to build those figures was from the University makes sure that those people who work the middle class. I intend to speak on of Michigan, so I will tend to be more get decent wages, and the wages are that a little more later on. likely to agree with the ones from my not depressed for people in the commu- I think again we have to examine home State, but that clearly was a bur- nities. these economic statistics. Both parties den both parties, I think, were respon- Mr. SIMON. If I could just respond have plenty of blame to share. We sible for. very briefly to my friend from Michi- ought to be working together to try to Mr. SIMON. Will my colleague yield gan. rectify this. for just 30 seconds? First of all, I think we have to be Mr. ABRAHAM addressed the Chair. Mr. WELLSTONE. I will be pleased very careful. We go through this litany Mr. WELLSTONE. Mr. President, I to yield for more than 30 seconds. that higher taxes have caused de- believe I have the floor. I want to re- Mr. SIMON. Mr. President, I think pressed wages. Very interesting. As spond to the Senator briefly, and will one of the reasons people resent taxes late as 1986, the average American in- be pleased to yield to the Senator from so much is they do not see the results. dustrial wage per hour was the highest Michigan for a question in a moment. Two nations spend a disproportionately in the world. I wanted to say to my colleague from high percentage of their taxation on Today, 13 nations have higher aver- Illinois, what is puzzling about this ef- two things. There is only one nation age wages per manufacturing hour fort to repeal Davis-Bacon, is that we that spends more among the modern than we do, and every one of them has now have reached a point where our of- nations, and that nation is Israel, on higher taxes than we do. We have to be ficial measurement of unemployment interest and on defense. No other na- careful about these kinds of economic is becoming almost meaningless be- tion come close to us in this. These are myths that are going on out there. cause it is so incomplete. things that do not directly benefit the Now, there are some reasons. Frank- You go State after State, and you average person in Michigan, or the av- ly, both political parties share some have a figure of, say, 3 or 4 percent un- erage person in Minnesota, or the aver- guilt. One is the deficit. We just had employed. That does not say anything age person in Illinois or Rhode Island. the Concord Coalition economic study about what kinds of jobs and what I think one of the reasons people are that said if it were not for the deficit kinds of wages. It does not measure so disheartened about government is in the last two decades, the average those people who are discouraged work- they say: Next year we are going to family income today would be $15,000 a ers. It does not measure those people spend $370 billion on interest, 12 times year higher. who are underemployed. as much on interest as on education, 22 The University of Michigan econom- The key point, I think, is that what times as much on interest as on foreign ics professor made a study and said the we find in many of our States with an aid, twice as much on interest as on average family income, if it were not officially defined ‘‘low level’’ of unem- our poverty programs. for the deficit, would be 25 percent ployment is a shockingly high level of On defense we are going to spend $270 higher. I do not know whose figure is families, as much as 50 percent, have billion, more than the next eight coun- right, but they are huge figures. incomes of under $25,000 a year. tries together. Both parties share the blame on this. That is the squeeze people feel. Why We have to get ahold of our fiscal The Reagan tax cut, as Howard Baker in the world we would be trying to re- problems. We have to get ahold of our said, was a riverboat gamble. And it peal a provision that tries to keep the defense spending. Then I think people, was a gamble that did not pay off. It prevailing wages in communities at a if they see they are going to get out of was tragic. Democrats voted for it. I higher level as opposed to depressing their tax money education and health was not one of them. But Democrats wages is what confuses me, and that is care and jobs and things like that, I voted for it, as well as Republicans. what I am so opposed to. think they are going to be more willing The 1986 tax bill, I think, has turned I am ready to yield the floor, but I to spend it. out to be a disaster. I am pleased to will be pleased to yield for one more I thank my colleague for yielding. say I voted against that. question from the Senator from Michi- Mr. WELLSTONE. Mr. President, I Both parties share guilt on this. Part gan. will finish up, too. I just would like to of this has nothing to do with either Mr. ABRAHAM. Mr. President, I will make two final points. I would like to political party. That is just the eco- be brief. I agree with the comments of say to the Senator from Illinois that I nomic trend. We demand more and the Senator from Illinois with respect would add another reason as to why more skills. Part of the reason for to the comments we all have made people have a fair amount of healthy those changes are the unskilled, their with respect to some of the budget indignation about taxes. Part of it is wages are going down; the skilled, problems that have happened. I would they want to make sure what they pay their wages are going up. assign them a little differently maybe. for works. But, if I could say this to my That is the reason for Bob Reich’s There was a tendency to see, as was colleague from Illinois, there is an- statement, ‘‘If you are well prepared, implied earlier, that somehow by re- other reason why people have a tre- technology is your friend; if you are ducing taxes we generated less revenue mendous amount of skepticism about not well prepared, technology is your for Washington. I always like to re- taxes. That is, ordinary citizens have a enemy.’’ mind the Senate, what we are talking sneaking suspicion that they end up There was, during the Reagan years, about when we reduce taxes is letting paying, but that there are a whole lot a Democratic Party, so both parties people keep a little more of what they of other people who do not pay their share blame. There was kind of eupho- earn. But I also point out that during fair share. That is called tax fairness. I ria because we were living on a credit the 1980’s, the percentage of gross do- make it clear, as I look at these pro- card. It is fun living on a credit card. mestic product that ended up being posals to reduce the deficit, including We spent more money than we took in. paid in taxes did not change. In fact, it the President’s proposal, the Presi- It went very, very well. remained as it has for literally decades, dent’s proposal is less harsh but we can Now, we have to face up to these right around the 19-percent level. What do much better when the reconciliation things. That is why education, as part did change, and where I think both par- bill comes out. Corporate welfare, de- of that three-part program that Sen- ties have the responsibility in particu- ductions and loopholes and tax give- ator WELLSTONE is talking about, is so lar, is in terms of our spending prac- aways for energy companies and phar- important. tices. Obviously, what we did during maceutical companies—these are folks It all fits into this, because one of that decade was spend more. We spent who have enormous clout here. They the trends in our country today is on everybody’s priorities. We refused to ought to be asked to tighten their belts there is a shrinking middle class; not say we have to set some priorities. So too. I can tell you right now that has June 16, 1995 CONGRESSIONAL RECORD — SENATE S 8535 not so far been on the table in any real costs per mile on highway construc- that he does. I hope that somehow we way in any of the proposals. I intend to tion—and I assume this is State and move to a more sensible answer than make sure it is. interstate highways rather than local simply repealing the Davis-Bacon leg- Second, I say to my colleague, he is roads—total cost per mile in the low- islation. Again, I see nothing to be absolutely right about some of the wage States, $1,141,000. Total costs of gained for the country in highway con- large military contractors. It is one highway construction per mile in high- struction costs, and in terms of what thing to have a strong defense. It is an- wage States, $1,017,000 per mile. we are doing for our country to lift our other thing to be spending money on The reason, in part anyway—and I people by repealing Davis-Bacon. weaponry that is obsolete, wasteful, have not looked at these statistics in When people say, ‘‘Well, if you pay has nothing to do with a strong defense detail. I do not know how they were ar- less, should not we have to pay less for at all. Why in the world is that so sa- rived at. But one of the things that highways?’’ The answer comes in pro- cred? It has a lot to do with who has every study shows is that if you pay ductivity or it comes in profits. It is power. Why are the people we are ask- people well they are more productive interesting to me. I was contacted as I ing to tighten their belts also the peo- workers. Davis-Bacon does not only walked into this body today by some- ple who have little economic or politi- apply to union workers, but the Har- one speaking in behalf of highway con- cal clout? Why are we making the cuts vard studies and others also show that tractors who did not want to have in some of these areas but then leaving union workers are more likely to be Davis-Bacon repealed. I am not saying other areas untouched? satisfied and more likely to be highly that he speaks in behalf of all highway Finally, I say to my colleague, when productive. contractors. But I was surprised to it comes to Medicare and Medicaid, My hope is that we would not repeal have someone contact me in behalf of you cannot do it without health care Davis-Bacon. I think the reality is that highway contractors. reform. But I have not heard that yet. if you repeal Davis-Bacon you do de- Labor costs per mile, according to I would like to see the administration press the wages of people who are the study in low-wage States, $216,000; push harder on it. I will. You have to struggling, people who are in the mid- labor costs per mile in high-wage have universal coverage and system- dle class or people who are trying to States—my colleagues from Michigan wide cost containment. If that means move up to the middle class. and Rhode Island will be interested in you have to put a limit on insurance When you see somebody out holding this—in high-wage States costs per company premiums to cost of living a flag because there is highway con- mile of labor costs are $241,000. Let me times percentage of increase in popu- struction, that man or woman is not just repeat that because I know my lation, you would save huge amounts of paid an awful lot of money; paid really colleagues from Michigan and Rhode money. It is much fairer. But when it probably above the minimum wage but Island would be persuaded by what I comes to those people and those inter- not a great deal above the minimum have to say on this now. The study ests we seem to not be willing to ask wage. To depress that person’s wage, shows in low-wage States the labor them to be a part of this national sac- which is what we would do if we pass costs per mile are $216,000, in high-wage rifice. this bill, I do not think is a direction States the labor costs per mile are So, I do not disagree with my col- the American people want us to go. We $241,000, and yet the total cost per league about the importance of deficit ought to be talking about lifting the mile, wages, everything—$1.141 million reduction and getting to the point wages of people. We ought to be talking in a low-wage State, $1.17 million in a where we balance the budget. But I about raising the minimum wage, not high-wage State. depressing wages. Yet, that is what we would like for it to be done on the basis (Mr. KYL assumed the chair) are really asked to do in the legislation of some standard of fairness, not based Mr. SIMON. Mr. President, let me upon the path of least political resist- that is before us. Does Davis-Bacon need to be modi- also digress for just a moment to say ance. to the Presiding Officer, and to the Which takes me back full circle to fied? There is no question that it Senator from Michigan, the only good my remarks about Davis-Bacon. This should be modified. I had an amend- thing about the Republicans taking effort to repeal Davis-Bacon, which is ment that Senator KENNEDY was a co- over the Senate is Republicans have to what this is all about, in a bill we all sponsor of in the Labor and Human Re- preside and Democrats do not have to think is important, is an effort to do sources Committee which applied to preside anymore. So I welcome the Re- nothing less than to depress the wages Davis-Bacon across the board, not sim- publicans presiding up there. of middle-income and working families ply to highway construction, which But again, I say to my friends from in America. It should be defeated. It Senator WARNER says is about 38 per- Rhode Island, Arizona, and Michigan, should be identified for what it is and cent of the application of Davis-Bacon. and elsewhere, the evidence is just it should be defeated. It would raise the threshold for cov- I yield the floor. erage from $2,000 to $100,000. It would overwhelming that all we are going to The PRESIDING OFFICER. The Sen- raise the threshold for repair work or do is depress wages. We are not going ator from Illinois. alteration compared to new construc- to reduce costs in highway construc- Mr. SIMON. Mr. President, I would tion to $50,000. The current act, which tion if we repeal Davis-Bacon. The sta- point out to my colleagues, because I is sometimes called the Copeland Act, tistics show that. know Senator WARNER is a chief archi- is an—incidentally, Congressman I do not know why we should want to tect of this, I have great respect for Bacon, who was a cosponsor of Davis- pass legislation that depresses wages Senator WARNER. If I were to give an Bacon, was a Republican Member of for people in this country. You are award of courage for the last 2 years in the House—but the Copeland Act cur- talking about frequently very low-wage the U.S. Senate to any single Senator, rently requires weekly submission of wages at the present time. Senator it would be an award of courage to Sen- payroll by contractors. We change KENNEDY had a chart yesterday show- ator WARNER for how he has conducted that. So we reduce paperwork. And on ing Davis-Bacon wages for carpenters himself in a very difficult situation in contracts between $50,000 and $100,000 in Tennessee, $6 an hour. That is not the State of Virginia. I greatly respect they would not be required to submit high wages. Some of you spend that what he has done. He has handled him- payrolls at all, simply a statement much per hour for a babysitter. self with class. that they are complying with the law. Mr. CHAFEE. I wonder if the Senator But even the best of Senators can be And for the contracts over $100,000, in- from Illinois would like to engage in a wrong once in awhile. I believe Senator stead of submitting a weekly payroll, discussion on this point? WARNER has erred in moving to repeal they could submit a monthly payroll. Mr. SIMON. I would be pleased to. I Davis-Bacon, in terms of highway con- I think those kinds of changes are am sure at the end of the discussion struction. It is interesting that the Na- the changes that we need. I think they the Senator from Rhode Island will tional Alliance for Fair Contracting make sense. I hear reports that Sen- agree that we should not repeal Davis- has come up with highway construc- ator HATFIELD may be coming up with Bacon. tion costs in low-wage States versus a modification, something like the one Mr. CHAFEE. That is a leap that I high-wage States. Listen to this. Total that I offered in committee, and I hope am not quite prepared to agree to. S 8536 CONGRESSIONAL RECORD — SENATE June 16, 1995 Let me just say this: We have a talking about building a building, I hope we will do the sensible thing philosophic difference here. The philo- building a warehouse, building housing, and not repeal Davis-Bacon. sophic difference is as follows: The Re- building apartment houses. That is not I see the presence of the senior Sen- publicans are saying let competition covered by Davis-Bacon unless the ator from Massachusetts, and I yield work, let the marketplace take effect Government in some fashion has con- the floor, Mr. President. just like it is in 85 percent of construc- tributed, as the Senator knows. That is Mr. KENNEDY. Mr. President, I want tion. What the Democrats are saying is the rules that guide when Davis-Bacon to commend my colleagues and friends no, no, no—that we are going to give a applies. who spoke earlier today about the special privilege, a fixed wage, as it The idea is that everybody that is issue that is before the Senate. It is de- were, to those who are working on Gov- doing construction in these other non- scribed as a repealing of the Davis- ernment jobs; namely, in this case, government jobs is just in rags, has Bacon Act but only in regard to the highway construction. What they are been beaten down by the competitive highway system. saying is that these wages are not system. That is nonsense. We all know It has been pointed out that rep- going to be fixed by the free market or that is nonsense. Those who are good, resents 40 percent of all the Davis- by what the employer wishes to pay or if you are a good worker and have the Bacon protection. So it will have a what the workers are prepared to ac- skills and can produce, you get the job very substantial impact on the concept. They are going to be guided sole- and you get the pay. And to say that struction workers of this country, de- ly by what is known as the prevailing everybody is working at a minimum pending upon what will be the will of wage. We all know that the prevailing wage, a carpenter or a latheman, an the Senate on this particular issue. wage is the union wage. That is a fact. electrician, a plumber, whatever it is, As we have heard, even in the early I think you have great difficulty show- is working at some scroungy minimum parts of the debate by our good friend ing many sections of the country where wage because he does not have Davis- from Virginia, what he is basically the so-called prevailing wage under Bacon to protect him is total nonsense. talking about is taking approximately Davis-Bacon is not the union wage. I am sorry that the suggestion has been a billion dollars and getting more con- So what the Democrats are saying is made. We can argue whether we want struction out of that billion dollars. this is the way we want to do business. to have the Government getting into Translated: That is taking more than a We want to say that only those compa- setting these wages, as in effect we are billion dollars during the life of this nies that have had a history of paying doing. That is fine. But to suggest that program out of the pockets of the men the union wage, that are big enough to everybody is poverty stricken if Davis- and women who work in the construc- handle all the complexities involved Bacon should be eliminated is just not tion industry—that is basically what is with the recordkeeping, with the so. being talked about here—depressing forms, with the compliance with Davis- Mr. SIMON. If I may reclaim my the wages of workers in the construc- Bacon, will be able to bid on these jobs. time and respond to my friend from tion industry. Yesterday, I took a few moments to The little fellow who is out there and Rhode Island, who on most things is point out what those workers were has done well, in let us, say home con- very rational and reasonable, he has earning across the country. We are struction or in sidewalk paving, or strayed on this one. I remember way talking about men and women in the driveway paving, he cannot bid on a back when taking a course in logic at construction trade who are earning paving job for the U.S. Government or Dana College, a small liberal arts col- $26,000, $27,000 a year. Mr. President, for the Highway Administration or for lege in Nebraska, and one of the things $26,000 or $27,000 a year is hardly the State highways where there is Fed- you set up is a series. There is an ani- enough to pay a mortgage and put eral money contributed. He is out. mal that has four legs. A horse has four bread on the table and provide for the That is a fact. legs; therefore, that animal is a horse. education and clothing of their kids Davis-Bacon is a protective device Well, it turns out that animal is a cat and look to the future, plus being in an for two things: For union wages, and and not a horse, but you start off with industry which is the second most dan- union employees, union members, and some premises that are not accurate. for the big construction companies. It gerous industry, outside of the mining Do we want to have the free system? is no surprise that the Senator from Il- industry, in this country. Yes, we want the free system. On that linois is quoting some construction I reviewed what the workers were I agree with him. When he says the pre- company saying we want to keep getting in different parts of the coun- vailing wage is the union wage, then Davis-Bacon. Of course they do. And it try, and we saw in those charts across the Senator from Rhode Island is off is probably one of the biggest construc- the country, whether they were in base. Only 11.8 percent of the non- tion companies because they can keep heavy industry or in the residential governmental employees in this Nation everybody else out. The little fellow area, what individuals were making. are union workers. The Senator from who comes in at a lower price, at a bet- Some made $9,000, $10,000, $15,000 a Massachusetts is here and I am sure ter bid, he is out. year, going up even into the larger fig- To me that is a very, very strange will bear me out on this. Of the wages ures of up to $42,000 a year. way of doing business. It is saying that that are considered for prevailing We saw that what we are talking competition is not going to prevail. wages, only—and if I may have the at- about is their income and the assault That is really what Davis-Bacon says. tention of my colleague from Rhode Is- on their income. That is basically what You cannot have competition except land—of the wages that are considered is the issue here. I have listened to the under these limited rules where you for determining prevailing wages, only argument made that we are trying to are going to pay the prevailing wage. 29 percent are union workers. Of the jimmy the whole debate process on this I listened carefully to the distin- rest, 48 percent are nonunion and then thing in favor of denying competition. guished Senator from Massachusetts some mixed situations. What we are saying is let us rule out yesterday who had a very vigorous What Davis-Bacon says is go in and the question of a competition to drive speech. As a matter of fact, all speech- find out what the average wage is in wages down when we are investing Fed- es the Senator from Massachusetts Jones County, RI, or whatever the eral taxpayers’ money. That is what gives are vigorous speeches, with the county is in Illinois or Arizona and do Davis-Bacon does. volume turned up on occasion. not let the Federal Government be the If the companies and corporations His point is that you are going to source for depressing wages for the are able to compete, showing better drive everybody else into the poor- workers of our country. management, better skills, better ad- house. They are depressing wages, this I think that is sound. That is what ministration, they can do it and win wicked business of competition. That is Davis-Bacon is all about. And then let the contracts, but we are saying here like saying all the companies, the businesses that pay the prevailing that we are not going to permit driving workers that work on the 85 percent of wage compete. Let the free market sys- wages down. We want the taxpayers, the other construction in the United tem work. Do not let it work by de- the middle-income families, to benefit States not covered by Davis-Bacon. pressing people who are really strug- from the opportunity to have real com- What are we talking about? We are gling for a living. petition, not on driving wages down in June 16, 1995 CONGRESSIONAL RECORD — SENATE S 8537 this country at this time, but having Hampshire, Alabama, Colorado, Flor- going to be in terms of the economy. competition on the other measures. ida, and Louisiana, which repealed As the wages drop, so do State reve- That is what this debate is really all their Davis-Bacon laws between 1979 nues. Utah lost $3 to $5 million in sales about. and 1988. tax and income tax revenues. I went through some figures yester- The research should convince any Fourth, repeal led to an increase in day about construction income. If you Senator that repeal is not in the best construction cost overruns. In Utah, are a carpenter in Tennessee, you are interest of construction workers, the cost overruns on the construction of talking about $9,000 a year under industry, or the Government. State roads tripled after the repeal. Davis-Bacon. If you are a carpenter in First of all, repeal led to lower wages Very interesting. The cost overruns es- Providence, RI, it is $23,000. Mr. Presi- for all construction workers. The aver- calated dramatically after contracts dent, $23,000 does not go a long way up age earnings for construction workers were awarded without the Davis-Bacon in New England when you are paying in the nine repeal States fell from protections, because contractors bid for home heating oil, paying the mort- $24,000 before the repeals to $22,000 low and got the job and then had to be gage, and putting food on the table. It after. bailed out. The amount of cost over- does not go a very long way, and if you That should not be very difficult for runs tripled in the 10 years after repeal repeal Davis-Bacon, you are putting at people to figure out. This proposal in compared with the 10 years before. risk even this income. the highway bill is to drive down those Fifth, repeal led to a less skilled Mr. CHAFEE. Will the Senator yield? wages of working men and women. I do labor force. Union and nonunion ap- Mr. KENNEDY. I will be glad to yield not know what it is about our Repub- prenticeship rates fell 40 percent, to the Senator, but I want to be able to lican friends over there, or what they whereas States that did not repeal the make the case with regard to Davis- have against working families, but prevailing rate did not lose ground. Bacon and some other comments about they are right out there now trying to The best apprenticeship programs that the context of this whole debate. I plan say to those that are working 1,500 we have in this country are in the con- to be here for some time, and I will be hours a year in the second most dan- struction industry, which are a reflec- more than glad to respond to questions gerous industry that we are going to tion of those in the construction indus- on the various studies that we have had drive your wages down $2,000 more. We try working together in the develop- and some of those that we are going to ought to be debating how we are going ment of these skills. They are the best get into. to raise the minimum wage. We ought that we have in this country. And what In my State, carpenters working on to be trying to honor work, saying happens is when these individuals go residential construction make $28,000 a work pays, and encouraging people. through these training programs and year; in Rhode Island, it is $23,000. It is Now, this is what happened in these work, their results in terms of perform- hard to make ends meet if you are States. In the nine repeal States, their ance are better. That is pretty logical. working 1,500 hours a year. That hap- incomes went from $24,000 before to One of the attendant results of cutting pens to be the fact. $22,000 afterward. The analysis shows back on Davis-Bacon is the significant Let me just go back and tell you that because of the repeal in those reduction in participation in appren- what will happen if this amendment States, the wages amounted to $1,477 ticeship programs. strikes Davis-Bacon—to give a little less per worker every year since the So we have the cost overruns, we example. We are fortunate in this pub- State repeal. This is the obvious and have a less skilled work force, and lic policy issue to have seen what hap- expected result of allowing contractors sixth, we found out that minorities pens in States where they have re- to pay less than the prevailing wage. were hurt disproportionately. Their pealed Davis-Bacon. So often we debate So that is what the result was. That share of apprenticeships fell from 20 these issues and we do not really have should not be any surprise. You have percent to 12 percent of apprenticeships good information. We have what we those supporting the repeal, who have in the repeal States. Minority opportu- think, what I think, what those on the indicated they are going to take that nities to learn new skills and advance other side might think, or whatever in- money and use it in construction at in the trades were doubly restricted. dividual Members think. We have some the cost of income for working families The apprenticeship pie got smaller, and studies. But very interestingly, on the that are making $27,000. We are not their piece of the pie got smaller. repeal of Davis-Bacon, we have some talking about the $100,000, $150,000 or I am waiting for the argument that very important information that is di- about the million dollars workers that says if you repeal Davis-Bacon, it is rectly related to what happens in are skimming on that; we are talking going to offer new opportunities for mi- terms of wages and in terms of the im- about working men and women earning norities and women. Maybe we will pact of the repeal of Davis-Bacon, and in the range of $24,000. have that argument later in the day. that is a study that was done in the Now, this is the second one. Slightly But it is not so. That is why none of State of Utah. increased construction employment. In the groups representing minorities and In February 1995, four researchers at the repeal States, a 1.7-percent in- women support repeal. All they have to the University of Utah—this is out in crease in construction employment do is look at what happened in the var- Utah. We are not talking about some that would not have occurred if not for ious States. college or university in some other the repeal. But construction employees I see my friend and colleague from part of the country, we are talking as a whole were harmed because their Rhode Island leaving. I wanted to talk about a University of Utah study of the overall wages fell by 5 percent—much for a few moments, and I will be glad to economic and social consequences that more than their employment increased. yield. I do not want to be disrespectful. actually resulted when nine States Third, as wages dropped, so did State Mr. WARNER. Mr. President, I will that had prevailing wages repealed revenues. That is interesting. We have be here with the Senator. them. That is the issue here. not heard much talk about what the Mr. KENNEDY. I thank the Senator. Under the proposal of the Senator impact is going to be in terms of the I wanted to just review this study and from Rhode Island, he would effec- revenues, in terms of, in this instance, then get back into this. We have found tively repeal Davis-Bacon on construc- the Federal Government. We have not now that the minorities were hurt dis- tion. had that economic analysis. And we proportionately. Now we have the example of what understand why. That is because the Seven. The injury rates rose. Con- happened to nine States, according to Environment and Public Works Com- struction work, which was already dan- the University of Utah. Unlike the CBO mittee does not deal with this issue. gerous, became considerably more dan- reports, or anyone’s theoretical specu- They are just picking up some cliches, gerous after repeal. Injury rates rose 15 lation about the benefits of repeal, the bumper sticker solutions. We all know percent, even after controlling for na- Utah study provides real world evi- what Davis-Bacon is about, and we tional trends in construction safety, dence about what happens when con- have debated that. We are just going to and other factors, such as unemploy- tractors are allowed to pay less than repeal. We hear that all of the time. ment. So there is no good reason to be- the prevailing wage. The nine States Well, I hope they are able to tell us lieve that these grim consequences are: Utah, Arizona, Kansas, Idaho, New with this repeal what the impact is would not be replicated on a bigger S 8538 CONGRESSIONAL RECORD — SENATE June 16, 1995 scale if the Federal Davis-Bacon Act peal Davis-Bacon will have a terrible 100 percent. We do not have to have were repealed. impact on these families. It is basically charts like this. Talk to any family, In terms of injury rates, for example, wrong. talk to any worker in this country, and a 15-percent nationwide increase would What I want to point out, Mr. Presi- they will say the same thing. They will mean 30,000 more serious injuries a dent, now, is just where these working say the only way family incomes year, more than 670,000 additional lost families are, what we have seen in the stayed competitive is that women en- work days, and direct workers’ com- States that have repealed the Davis- tered the work force during the period pensation costs of $300 million, which Bacon Act. In those nine States, we of the 1980’s, and they were just able to would be passed on to the Federal Gov- have seen decline in real income for hold on to their family income. Al- ernment in increased construction those working families. And we have though the real wages were going costs. seen in the charts brought out here down, they were working harder, and Collectively, for all construction earlier what has been happening to the they were just able to stay above the workers, the research estimates a loss working families over the period of waterline. Without that additional of almost $5 billion a year in construc- these past years. kind of work, we have seen what has tion earnings, which would result in a My good friends from Wisconsin and happened. Family incomes took a beat- loss to the Federal Government of from Illinois pointed out what has hap- ing. Now we are asked out here on the roughly $1 billion a year in income pened from 1950 to 1970. What we found floor of the U.S. Senate to accelerate taxes. Clearly, these losses dwarf any out from 1950 to 1970, when the Nation that, repeal Davis-Bacon and drive benefits the Government might derive was growing and expanding, from 1950 those working families down even fur- from cutting wages on workers on Fed- to 1978, when we were going up and ther in their wealth. eral construction projects, based on a growing together, we were all growing That is what they are asking us to repeal of Davis-Bacon. together. The bottom 20 percent was do. The proponents of repeal say take So, Mr. President, this is what we are growing; the second 20 percent, almost that $1 billion out of the pockets of faced with. As I just mentioned, we not 100 percent; the middle 20 percent was working people and put it into con- only have the studies, we have the re- growing; the fourth and the top was struction. Said another way, that is, sults of what happened in States where growing. All groups were growing just take the $1,500 to $2,000 out of the pock- they repealed their State Davis-Bacon. about together, and the bottom group ets of these working families here in What we found is a significant reduc- was growing the most. construction, and put it over some- That is what was happening from 1950 tion in workers’ salaries, about $2,000, where into the distribution of the high- to 1978. We heard our good friend from from $24,000 down to $22,000. er income brackets. That is what is Michigan talking about sometimes we If you are interested in depressing happening. had good growth policy and not good the wages of hard-working men and Now, Mr. President, this is what is growth policy. Therefore, we ought to women in the construction trade, your happening on this particular measure vote is to repeal Davis-Bacon. If that is be more particular. He was pointing out that what was on Davis-Bacon. If we juxtapose this what you want to do—say to American happening in 1980 was not really so position, because we are talking about workers in the construction area, men good to look at because we were still what is happening to working families and women averaging $27,000 a year, coming out of the Carter high-interest —that is what this issue is really all you are doing too well in America, rates and increasing unemployment. I about, what is happening to working even though your real purchasing am familiar with that period because I families in this country—we have made power has declined over the period of differed with the economic policies at the case. We are opposed. the last 10 years, even though you are that time, as well. We have competition. We ought to working harder, that $27,000 is too If we look now, and I am sorry my have the competition. It ought to be much for someone who wants to work friend from Michigan is not here, but if based upon management skills, effi- in the second most dangerous industry, we look now to what has happened ciency, ability to buy cheaper mate- we are going to take back $1,500 or from 1983 to 1989, now we have the new rials, the ways of being able to do busi- $2,000 from you—then go ahead and federalism. We have not heard much re- ness. But not as a result of depressing support the Republican position. cently about the new federalism. Re- workers’ wages. That is the basic tenet If you want to say that the lost reve- member, in the 1980’s, we were hearing of Davis-Bacon. nues the Federal Government is going about federalism, tax cuts, budget cuts, Just to restate what the obvious was to see—and the best estimate from the increased military spending. That was in the other charts, I wish we were out Utah study is lost revenues of a billion the new federalism. here debating the increase in the mini- a year—are not much and that our We have the same economic program mum wage. That is what we ought to economy is in such good shape that we now, but the new federalism has some- be doing. That is what working fami- can say we are going to deny that bil- how disappeared. I do not know why we lies are really concerned about: Mak- lion dollars, we do not need that billion are not using those words. I think basi- ing work pay. dollars either in the deficit, or to try cally the reason they are not using It used to be that the minimum wage and invest in the education of the sons those words is it sends a message to was adjusted periodically, in the 1960’s, and daughters or the children or the middle-income families of what has 1970’s, and 1980’s, under Republican as parents. happened to them over the period of well as Democratic administrations. Just go ahead and support that pro- these last years. President Reagan increased the mini- gram right over there that repeals Taking 1983 to 1989, that will be more mum wage on two different occasions. Davis-Bacon. If anyone is not con- in tune with what happened during the George Bush increased it in 1989. Why? cerned about the increase in the injury Reagan and Bush period. This is what Why? rate that the Utah study has pointed happened. Remember the other figures They said, ‘‘Because anyone who out, the 15 percent, if anyone is not I just discussed? We were all growing works in the United States 40 hours a concerned about it and you think you together. And now take the top 1 per- week, 52 weeks a year, ought to have have the right position, repeal Davis- cent; their wealth is 61 percent. The sufficient income to not be in poverty, Bacon, and the case goes on, Mr. Presi- next 19 percent is 37 percent. The bot- to put enough food on the table, pay dent. tom 80 percent is 1.2 percent. their mortgage, and raise their chil- I think, quite frankly, those that just Remember the other chart had vir- dren.’’ believe that this is a nice little way, tually the same, a little disparity, and That has been true since the 1930’s, somehow, to try to find a magical $1 the greatest growth was taking place until now, Mr. President. Until now. billion out there and will somehow at the end. In 1979 to 1992, who got the Until now, when we find out what has mean the taxpayers will be better pro- growth? This chart shows shares of av- been happening in terms of the mini- tected, better be able to consider the erage household income growth, the mum wage and its impact on taking realities we have seen. Bureau of Census figures. families out of poverty. I think when they do, they will real- Here we see the top 25. And we can Go back—and this is, again, a re- ize that this particular measure to re- take the red line, adding it, to equal sponse to some of the points raised by June 16, 1995 CONGRESSIONAL RECORD — SENATE S 8539 my good friend from Wisconsin—and flation increased only 0.3 percent; not 3 So you cannot get away from this look at the particular year. This is the percent, but only 0.3 percent. In 1967 question: What is it we are talking percent of the poverty line, what a per- and 1968, the minimum wage was in- about here this afternoon and what son has to get up to in order to be free creased from $1.25 to $1.60, and infla- will we be voting on on Monday? It is of poverty. This is for the minimum tion remained stable, and did not in- real income. It is really an attack, an wage for American workers. We are al- crease at all. assault on working families for the most up there during the 1960’s and From 1974 to 1976, the minimum wage privileged, taking the savings of the 1970’s, and even 1980’s. And here it is. was increased from $1.60 to $2.30, and various cuts and giving them to the President Bush signed the increase to inflation rate actually decreased—de- wealthiest individuals. It is perpetuat- bring it back up, and it went right creased—from 11 percent to 6.5 percent. ing that. That is what is happening back down again. This is what is hap- From 1978 through 1981, the minimum around here. That is what is at risk at pening for men and women who are wage increased from $2.30 to $3.35, and this place. working in our economy, trying to inflation actually increased and de- Who are these families we are talking make ends meet. creased intermittently. Then, from 1990 about here, who are going to be ad- For those that advocate the repeal of to 1991, the minimum wage increased versely impacted? What is going to be Davis-Bacon, at least they would have from $3.35 to $4.25, and inflation de- the impact on them? First of all, not much more credibility, much more creased from 5.4 to 4.2 percent. only do we have, as I mentioned, the credibility, if they said, ‘‘Look, this is In effect, increases in the minimum assault on the workers themselves, really a construction issue. We are wage had virtually no impact on the which means you have the assault on happy to be for working families. We rate of inflation. all those in construction and the denial are for the increase in the minimum Let us look at the economy and the of income to the 12 million who would wage.’’ I daresay, you will not find five impact of an increase in the minimum be bumped up if they had some increase votes difference between those who wage on unemployment. If you look at in the minimum wage. But what else is want to repeal the minimum wage and the facts, you cannot make the case happening? What else is happening? We those who want to repeal Davis-Bacon. that an increase in the minimum wage are saying to those construction work- It is the same group, virtually, the has had an adverse effect on employers: You care about your parents? You same Senators who want to drive con- ment. You find that it has not had that love your parents? They had some good struction workers down and refuse to impact. Medicare, they had some degree of se- give working families any increase in Let us look back at the increases in curity—we are going to cut their Medi- the minimum wage, although Repub- the minimum wage since 1949. The first care programs by hundreds of billions licans and Democrats over a long pe- time the minimum wage was increased, of dollars over the period of the next 7 riod of time have been willing to do it. unemployment decreased from 5.9 to 5.3 years. We will raise the out-of-pocket Why do they not say, ‘‘Look, Sen- percent. Unemployment actually went expenses, if the cuts the Republicans ator, you are wrong on the construc- down. have suggested were evenly divided be- tion law. It is too bureaucratic, too In 1955, the minimum wage was in- tween beneficiaries and providers, much paperwork. I am for the mini- creased from 75 cents to a dollar, and $6,400 in the outyears. In the 7th year it mum wage increase, and I want work- unemployment decreased again from is $6,400. ers to get it, but this is not appropriate 4.4 to 4.1 percent. Again, unemploy- So, not only are we squeezing you on in terms of the construction industry.’’ ment went down. the Davis-Bacon, not only are we There is silence on it. From 1961 to 1963, when the minimum squeezing you by refusing to give you The Republican leaders in the House wage went from $1.00 to $1.25, unem- any increase in the minimum wage, but of Representatives said that only over ployment decreased from 6.7 to 5.5 per- you better start putting some more of their dead bodies would we increase the cent. those scarce resources away because minimum wage. They are going to have These facts show that there has been you are going to have to pay more out an opportunity to lie down in front of virtually no impact on either inflation of your pocket to make sure that your that train, because we are going to or unemployment. And nonetheless, we parents, who are under Medicare, are make sure that this body will vote on have this blind opposition from the going to be able to live. it. We are going to make sure you will other side to any increase in the mini- And what about their children? What vote on it and vote on it and vote on it. mum wage. about the children of those working Men and women back in your home So, what you are saying out here, families, those construction workers? States are going to know whether you Senators, is not just, ‘‘Oh, this is a lit- If they go to the fine schools and col- really honor work, whether you think tle highway bill. We have to get it by leges up in Rhode Island, of Senator work pays, or whether you are turning the fall.’’ What you are doing is a con- CHAFEE, or our other good friends from your back on working families. That is tinuing, ongoing assault on the middle- Virginia or Vermont or Massachusetts, what has been happening on the mini- income families of America. We have what you are saying is if you are going mum wage. seen the massive switch in terms of in- to be able to qualify for any of those I am always told—‘‘We cannot do the come and wealth in this country, from Stafford loans, you are going to have increase in the minimum wage, Sen- the stability from the 1950’s to the to pay a third more, a third more of in- ator KENNEDY’’—and am always given a early 1970’s to the enormous dichotomy debtedness because of the cuts in terms variety of reasons why. But let us look in the 1980’s and 1990’s where wealth for of the education programs. Over the 7- at the facts. I am not going to review the wealthiest individuals has gone up, year period, those families will lose the New Jersey studies today that and 80 percent of these workers, con- more than $1.2 billion just from my show that the last time we had an instruction workers, are being asked to State of Massachusetts for those schol- crease in the minimum wage, the State sacrifice at least $1,500 a year. And at arships. For the Stafford loans over the of New Jersey had an increase in em- the same time when the Republicans 7 years under the Republican budget ployment. But I will just take a mo- say absolutely no to any kind of in- that passed through here—$1.2 billion ment of the Senate’s time to show crease in the minimum wage. will be taken out of the pockets of the what has happened the last seven times President Clinton’s proposal on the sons and daughters of working Ameri- we have seen an increase in the mini- minimum wage increase, if it passed cans—to go where? To continue their mum wage. today to bring it to $5.15 would just education; indebtedness of government In 1949 we went from 40 cents an hour bring it right back up here where transferred onto the indebtedness of to 75 cents, the change in the inflation President Bush was. But the answer is, those children. That will lead to a re- rate reached a high of 1 percent. In ‘‘No. No, we are not going to do that. duction in terms of the college oppor- 1955, the rate was increased from 75 No, we cannot afford in this country to tunities for these kids. cents to a dollar, and inflation reached do it. No, it is going to cause unem- And who benefits from all this? You a high of 3.6 percent. ployment and inflation’’—in spite of are cutting back on the wages of work- From 1961 to 1963, the minimum wage the facts and the history that show it ing families, you are denying an in- was increased from $1 to $1.25, and in- is not. crease in the minimum wage, you are S 8540 CONGRESSIONAL RECORD — SENATE June 16, 1995 saying their parents are going to have house in order, too. Part of our pro- children, their babies, and we are talk- to pay more for Medicare, you are say- posal is to make sure that whatever we ing about their ability in this great ing if their children are going to pass here in the Congress is going to be country of ours to be full participants school, they are going to pay more out applicable to people across this coun- in the economic hopes, dreams, and of pocket. try and also apply to us. I believe that economic justice of our Nation. Then look at the bottom line, at it should. I support those programs. We I daresay that all of that is what we what happens next. The $350 billion passed them this year. Congress could are basically talking about when we that you get in savings goes to the have passed them last year. I believe are talking about the repeal of the wealthiest individuals of this country. so. You remember all those speeches. I Davis-Bacon Act. Let us not kid ourselves, that is what even heard some yesterday in our I will be glad to yield for a question. this whole debate is effectively about. Labor and Human Resources Commit- I will yield briefly for a question, and It is coming in baloney slices but this tee on a different subject saying: What- then I will yield the floor. is the end result of it. You are doing all ever we do, we want to make sure that, Mr. WARNER. Mr. President, for this for the tax cuts that have just if it is going to happen outside the Sen- those following this debate who wish to been reiterated by the Republicans in ate and Congress, it ought to be applied be informed of what will occur for the the House of Representatives this past to us. I say amen to it. balance of today and on Monday, I will week when they reaffirmed their com- But how interesting it is for those make a brief announcement. mitment—because they evidently were new Members who come to the U.S. But to refocus the procedural as well getting somewhat jittery about where Senate and sign that little blue sheet as the substantive issue, procedurally the Senate Republicans were going to that gives them the Federal employees’ this bill has been brought up, the na- be on it—they reiterated the $350 bil- health insurance program, which is the tional highway bill, and on it is a lion tax cut for the wealthiest individ- best health insurance program in the Davis-Bacon amendment. The Senator uals. country; effectively, 11 million Federal from Massachusetts is perfectly within So that is all a part of this. And I employees have it, and every one of us his rights to discuss a broad range of have not even mentioned the cuts that has it. The most recent information I issues because at the present time, it is were proposed in terms of the day care have is that there is not a Member of my understanding he objects to further proposals and the support for working the U.S. Senate who has rejected it. consideration of the bill, which is with- mothers. They will be lucky if they are Where are all those voices that say, in his rights under the rules of the Sen- able to find day care for $6,000 a year in ‘‘Look, we have it. Why not make it ate. my State of Massachusetts—very applicable to the American people? We My concern is that when you say lucky. You take the percent of income have it.’’ Is there not a flip side to the that this amendment, that is, the that working mothers pay for day care coin of all those speeches that we had Davis-Bacon amendment, takes wages and you wonder why they are not out to listen to day after day after day and and deprives workers of the ability to there on the job rolls instead of on the which we agreed on—it passed over- receive wages and to work, I ask the welfare rolls. We are talking about in- whelmingly—which said we are going Senator if in fact what would occur creasing the minimum wage to try to to make the laws which apply outside here is simply that you take the high- get people off welfare, make work pay, applicable to the inside? Amen. But way trust fund, which is allocating and it is extraordinary to me, extraor- how silent they are now. We have it for money to the States, and the amend- dinary to me for the millions of Ameri- all those new Members, let alone older ment would simply say that no longer cans who would make more by being on Members that get that Federal employ- would the States be required to take a welfare—millions of Americans make ees’ health insurance, the premium of percentage of those funds and apply it more by being on welfare; they get the which is $101 for me with the Federal to the Davis-Bacon regulations; those health care in terms of the Medicaid, Government picking up the rest per funds would be expended on additional some of them even get limited amounts month, and it gives me the best in highways, providing additional work, of day care help, they get other kinds terms of health care. and in a sense the same workers would of help and assistance in terms of fuel How silent we are in this debate get, relatively speaking, the same assistance and other kinds of benefits. about making that available to these amount of money, but the people of If you give an increase in the mini- working families that are having a that State will get additional work mum wage, do you know what is going tough enough time, who see the deple- performed—more highways, better to happen? Those people are going to tion of the value of their dollar. They bridges. So it translates into a work have more resources, make more are working harder and are paying product to be received by all the resi- money, and they will not be eligible for more and more out for health care. We dents of the State. And the same work- these Federal programs and we will get are shortchanging the children in ers end up, over a longer period of savings at the Federal level because we terms of education. We are shortchang- time, with the same amount in their will be paying people a livable wage. ing the parents in the cuts in Medicare. pockets. I would think those people who want We are denying them a decent kind of Is not that the case? to diminish Government programs income, depressing those wages, refus- Mr. KENNEDY. I say to the Senator, would say, Why should the Federal ing to increase it, and they are paying no. That is absolutely not the case. I Government continue to subsidize the more and more out of their pockets for do not know where the Senator was workers for companies and corpora- health care while we in the U.S. Senate earlier when I outlined the University tions? Because that is what you are have just made sure we are covered. of Utah study that analyzed the nine doing. You are paying them a lower Mr. President, all of that really is States that repealed their Davis-Bacon minimum wage, and then they are eli- wrapped in together because you are laws, which is effectively what you are gible for the safety net. Who pays for talking about income for families. We doing with the construction industry. the safety net? The workers do. The faced some of those measures early in What you saw in those States is that employer does not. It is a subsidy for this year when we had the budget cuts. there was a 1.7-percent increase in em- them. We talk a great deal about how We had the debates on education and ployment, but the total income for we are going to make our American on children’s programs, and on other those workers in all of those States de- people understand the importance of women’s health care programs. That clined 5 percent. That amounted to be- work, and then we deny them the very was a part of it. We will have another tween $1,500 and $1,700 per worker per wherewithal to make work pay. That is debate on reconciliation. We had de- year; the cost overruns went up three part of this whole point. bates in the budget with regard to the times over what they had been; the in- Mr. WARNER. Mr. President, I would Medicare cuts. That was a part of it. jury rates increased significantly; the like to ask the Senator a question. But the bottom line is that we are total revenues to the States declined; Mr. KENNEDY. I will yield in just 2 talking about the families of American and the total revenues, I think, to the more minutes. workers. We are talking about their Federal Government declined. The bot- Finally, Mr. President, I hear in this parents, we are talking about their tom line, I will just say, the most im- debate that we have to try to get our kids, we are talking about their small portant part of that Utah study, is that June 16, 1995 CONGRESSIONAL RECORD — SENATE S 8541 the real income for all of these workers 10 minutes, except that the Senator little more clearly premature babies of declined. from New Hampshire have the oppor- the very same age of many of those ba- Just finally, what we are saying is we tunity to speak for 20 minutes; and bies who are the victims of these par- want the competition but not the de- what about the Senator from Vermont? tial-birth abortions. pressed wages. That I think is a basic Mr. LEAHY. Also 20 minutes. This photograph here—this is an AP difference. The PRESIDING OFFICER. Also 20 photograph, by the way—is of tiny Miss Mr. WARNER. Mr. President, the minutes. Is that the request? Faith Materowski. Little Faith Senator can certainly bring up all the Mr. WARNER. Mr. President, that is Materowski was born at 23 weeks of studies he wishes. But the practical the request. gestation, approximately this size, dollar and cents is, take the State of The PRESIDING OFFICER. Without weighing in at 1 pound and 3 ounces. Virginia. We anticipate we get $150 objection, it is so ordered. This photograph was taken about a million. Part of it is allocation. All of The Senator from New Hampshire is month after she was born. The good that has to go into highway construc- recognized. news is that little Faith Materowski Mr. SMITH. I thank the Chair. tion or matters related to transpor- survived, and she survived because her tation. So it is not as if this money is f mother chose to have her receive medi- going to be lost. It is going to the MEASURE READ FOR THE FIRST cal attention. She did not choose to States, and simply this amendment TIME—S. 939 have an abortion. translates those dollars into more road In photograph No. 2, we see a little Mr. SMITH. I send a bill to the desk construction, bridges, whatever it may lady named Melissa Mauer. She was and ask that it be read for the first be—safety, more construction. And the born at 24 weeks of gestation, weighing time. same workers eventually get the same The PRESIDING OFFICER. The only 14 ounces, Mr. President—14 amount of money. clerk will read the bill by title. ounces—less than a pound. She is So I do not wish to conclude this de- The bill clerk read as follows: shown in the picture about 8 days after bate today on the theory that this A bill (S. 939) to amend title 18, United her birth, at which point she was amendment reaches in and robs the States Code, to ban partial-birth abortions. breathing on her own in an incubator. Unfortunately, Melissa died after people of the opportunity to work, or Mr. SMITH. Mr. President, I ask the briefly struggling for life after 3 of their wages, or that the people in bill be read for a second time. the States are deprived of the benefits Mr. LEAHY. Mr. President, I will months. that they are entitled to with the pay- have to object. In photograph No. 3—this photograph ment of their gas taxes. The PRESIDING OFFICER. Did the was in the Miami Herald—we see a f Senator make an objection? healthy little Miss Kenya King, who Mr. LEAHY. The Senator from Ver- was born about 22 weeks into gestation, MORNING BUSINESS mont objects to the second reading— so is approximately the size of this Mr. WARNER. Mr. President, I ask obviously not to the first reading, but model that I am holding. She weighed unanimous consent that there now be a I object to the second reading. only 18 ounces at birth. She is shown period for the transaction of morning The PRESIDING OFFICER. Objec- here 4 months later, home at last with business, with Senators permitted to tion is heard. The bill will be read for her parents. speak therein for up to 10 minutes the second time on the next legislative Now, with a series of illustrations, in each. day. a moment I am going to try to dem- The leader will subsequently inform The Senator from New Hampshire is onstrate to you what is done to chil- the Senate, but I expect the Senate to recognized. dren like these and like this. This pro- reconvene about 12 noon on Monday, Mr. SMITH. Mr. President, on behalf cedure is done to children—not fetuses with morning business until 1 o’clock. of myself and the Senator from Texas or some inanimate object—children, And there is currently set a cloture [Mr. GRAMM], I rise today to introduce Mr. President. vote for 3 p.m. Monday afternoon. the Partial-Birth Abortion Ban Act of Now, as we put the pictures up, keep The PRESIDING OFFICER. Is there 1995. This bill is the companion legisla- in mind that Dr. Martin Haskell, who objection? tion to a measure that was recently in- by his own admission performed over Mr. LEAHY. Mr. President, reserving troduced in the House of 700 of these procedures—they are called the right to object—of course, I shall Represenatives by Congressman partial-birth abortions—as of 1993, he not—I know the distinguished Senator CHARLES CANADY of Florida. Congress- told the American Medical News he had from New Hampshire is on the floor man CANADY is the chairman of the performed 700 of these. That is the offi- and wishes to speak. He has already House Judiciary Committee’s Sub- cial newspaper of the AMA. So the il- mentioned that. I know our side has committee on the Constitution which lustrations and descriptions that I am been speaking for some time. held a hearing on the bill yesterday. about to present are technical and I wonder if we might know the order Mr. President, partial-birth abortions from a technical point of view would be of the 10-minute order. Will the distin- are first performed at 19 to 20 weeks of found or could be found in one of those guished senior Senator from Virginia gestation—and often much later. To journals. be willing to amend that to ask that give my colleagues a clear understand- In the first illustration, the doctor— the Senator from New Hampshire be ing of how well developed an unborn excuse me, the abortionist—it is inter- recognized first in the order of those child is that late in pregnancy, I have esting that I made a slip there, saying speaking as in morning business, and here an anatomically correct medical doctor, because were this to be some then the Senator from Vermont be rec- model of an unborn child at 20 weeks’ type of a miscarriage or premature ognized following that? gestation. It is unlikely that the cam- birth, the doctor would be assisting the Mr. WARNER. Mr. President, I am eras will pick it all up, but this is the birth of this child, because the mother perfectly willing to do that. I think the actual size of a 20-week child, and the wanted the child. But in this case, an- Chair should be addressed by the Sen- bodily features are there—nose, eyes, other decision has been made without ator from New Hampshire first. lips, fingers, toes—almost perfectly the child’s consent, of course, and the Mr. SMITH. Reserving the right to formed so that anyone could see that abortionist reaches in with forceps, object, I would like to have 20 minutes, this is a child. using the ultrasound aid, and grabs the if that would be agreeable to the Sen- I want to point out to my colleagues child with the forceps by the foot or ator from Vermont. that this is the smallest that this child leg, and then in the next picture he Mr. LEAHY. And the Senator from could be under this procedure, which turns that child with the forceps so Vermont be recognized, say, at 1:22. begins at 5 months or 20 weeks. So that that he can pull the child out through Mr. WARNER. Mr. President, I so this child is aborted in this procedure the birth canal by the feet. modify my request. minimally at this size and much larger So you can see this being the birth The PRESIDING OFFICER. Is it the as the child grows in the womb. canal, the child—this is a child, like Senator’s request that we proceed to Now, I have brought some photo- this, and like those three children that morning business with a limitation of graphs to the floor that show perhaps a we saw in those photographs. S 8542 CONGRESSIONAL RECORD — SENATE June 16, 1995 With this child now, the forceps are sickened, and angered at such a brutal In that article, Dr. McMahon coldly around the legs and the child now is act committed against another human claims credit for having developed the being pulled from the birth canal. In being. I know I had that feeling. I did partial-birth method which he calls the next illustration, the abortionist not know that this procedure existed, ‘‘intrauterine cranial decompression.’’ delivers the entire body except for the Mr. President, until a couple of weeks Nice way of saying murdering a child head of the child. So we now have the ago, and I have been for 11 years an ad- that is three-quarters of the way out of abortionist pulling the child all the vocate of the pro-life cause, but I never a birth canal. ‘‘I want to deal with the way out from the uterus with the ex- knew this. I never knew this happened, head last,’’ Dr. McMahon comments ception of the head which the doctors and doctors who are gynecologists have icily, ‘‘because that’s the biggest prob- tell me is approximately 85 to 90 per- told me that they did not know it ei- lem.’’ cent of the child. ther. In the United States of America, a Now, the fourth illustration—this is I just ask my colleagues a very sim- doctor who took an oath to save lives pretty rough, Mr. President. I have ple question: If you had a dog or a cat is killing a child. That is not killing a seen a lot in my life. I am 54 years old, or a pet that you needed to put to child? Somebody stand up and tell me and I have seen some pretty rough sleep, would you do it that way? Would on the floor of the U.S. Senate that things. But I cannot imagine, in a you do it that way? Would you insert a that is not killing a child. Have the country as great as this why anyone pair of scissors into the back of the guts to come down here and stand up— could sanction—whether you be pro- head of your family pet and suck the I will yield to you—and tell me that is choice or pro-life—how anyone could brains out to put it to sleep, Mr. Presi- not killing a child. sanction what I am about to show you dent? Would anybody do that? This is According to the American Medical happens. the United States of America, the News, Dr. McMahon does abortions If the head of this child comes greatest country in the world, that through all 40 weeks of pregnancy, but through the uterus, they must try to says under the Constitution that we he says he will not do an elective pro- keep it alive. So the abortionist has to have an obligation to protect life. This cedure after 26 weeks—26 weeks. At 26 be certain that the head does not come is happening in America, probably weeks, many babies are capable of liv- through the uterus. So he stops the right now as I am speaking. We would ing independent of the mother; 40 baby from coming through the uterus not do it to an animal, not a pet, and weeks is a full-term pregnancy. That is at the head, and takes a pair of scis- we do it to our children. nice of him. sors, as you can see—I am going to try Under the Supreme Court Roe versus Mr. President, this grotesque and to demonstrate it here with this little Wade decision, this partial-birth abor- brutal partial-birth abortion procedure model, which would be just like this, tion procedure that I just described is that I have described on the floor of superimposed upon that picture—he legal in all 50 States. So anyone listen- the Senate can be and must be—must takes the scissors and places them into ing out there who says, ‘‘That doesn’t be—outlawed. Simply stated, the legis- the back of the head, into the cranium, happen in my State,’’ it does. Some- lation that Senator GRAMM and I have and opens those scissors, once he sticks where in your State it is happening introduced today will do just that, it them in like that, to open a gap in the probably right now. Indeed, addressing will amend title 8 of the United States child’s head. After that procedure is the controversy over the partial-birth Code and provide that ‘‘Whoever, in or done, they insert a catheter into the abortion method, the National Abor- affecting interstate or foreign com- back of the neck, the back of the cra- tion Federation has written to its merce, knowingly performs a partial- nium, and literally suck the brains out membership stating—and here is the birth abortion and thereby kills a of that child, and as you can see there, document, here is what they say: human fetus shall be fined under this the baby is hanging limp, now dead. ‘‘Don’t apologize: This is a legal abor- title or imprisoned not more than 2 That is called partial-birth abortion. tion procedure.’’ And they are right, it years, or both.’’ We are really talking about inches is legal. Not the woman—the abortionist. Our here, are we not? What is a birth? Nine- But I am going to tell you some- bill defines ‘‘partial-birth abortion’’ as ty percent out of the uterus, is that a thing, Mr. President, if I have anything ‘‘an abortion in which the person per- birth? One hundred percent out of the to do with it, it is not going to be legal forming the abortion partially uterus? Is that what we are going to very much longer. This is a sickening, vaginally delivers a living fetus before say is a birth? disgusting act that should never be tol- killing the fetus and completing the So a couple of inches and this child erated, not 1 day longer, not 1 minute delivery.’’ can live, but because it is prevented longer. Thus, the bill would ban not only the from fully coming out of the uterus by My good friend—and he is a good brain-suction, partial-birth abortion the abortionist and he then places the friend—the Speaker of the House of that I described, but any other abor- scissors to the back of the head, opens Representatives, NEWT GINGRICH, has tion that involves the partial delivery up an incision and inserts the catheter told audiences all over America for the of the child before he or she is killed. into the brain to suck the brains out, past couple of months that America The bill specifically prohibits the because that decision is made by some- cannot survive with 12-year-olds hav- prosecution of a woman upon whom a one other than the child, that child is ing babies, 15-year-olds killing each partial-birth abortion is performed. denied life. other, 17-year-olds dying of AIDS and The bill is aimed at the abortionist. It Mr. President, by the 19th or 20th 18-year-olds receiving diplomas that is aimed at the brutality of this act. In week of gestation, when this unspeak- they cannot read, and he is right. And addition, the bill provides a life-of-the- ably brutal method of abortion is used, I am going to add one more to it. mother exception. the child is clearly capable and able to America cannot survive when some of Mr. President, I am confident that no feel what is happening. This is a living its doctors turn from being healers to matter how one feels about this very human being. stabbing innocent babies to death when controversial issue of abortion, that According to neurologists, premature they enter the birth canal. America is reasonable people, caring people in this babies born at this stage may be more not going to survive doing that either. country are going to step up and say, sensitive to painful stimulation than Dr. Martin Haskell has claimed re- ‘‘This is wrong, this is wrong, and we others. We had testimony yesterday at sponsibility, proudly, for 700 of these are going to stop it.’’ a press conference that I attended with partial-birth procedures as of 1993. Pro- I am going to fight to the last day a neurologist who indicated that. He choice, pro-life, I do not care what your that this Congress is in session to get does surgery on babies all the time, position is. How can you tolerate this? this bill voted on in the U.S. Senate, and he indicated point blank that that How could you possibly condone this and I am going to stand up here again child would suffer pain in that proce- act? James McMahon, who was profiled and again. I welcome my colleagues dure. in the January 1990 article in the L.A. who want to come forth and defend I think that most of my colleagues, Times makes late-term abortions his this. I cannot wait to engage in the de- and certainly most if not all Ameri- speciality—late-term abortions his spe- bate. Today I am introducing the bill, cans, would be absolutely appalled, ciality. but there will be a day tomorrow or the June 16, 1995 CONGRESSIONAL RECORD — SENATE S 8543 next day when I am looking forward to tect it. But not in this case. It is just There is no question that Vietnam debating them. I want to hear what a baby, an innocent baby. Surely, we still has a long way to go. We need to their rationale is for this procedure. I have more important things to do in continue to challenge Vietnamese offi- just want to hear their defense of it. the United States of America than cials about reports of torture, arrests Ultimately, I think, if we can get the this. How could any doctor who took of dissidents, arbitrary detentions, po- bill through, the Supreme Court will an oath ever perform those, and then litical trials, and abuse of prisoners in find the bill to be constitutional. I brag about it? forced labor camps. We need to press think it stands the test of constitu- Mr. President, I think I have made them to eliminate Vietnam’s black- tionality. Even in Roe versus Wade, my point. It has, frankly, been a very market trade in endangered species. that decision recognized that a new- difficult speech to get through. It is And there are other issues. born child is a person. Is that a new- quite emotional for me, and I know But we need to recognize that the sit- born child—90 percent birth? how the occupant of the chair, the Sen- uation has changed. The United States I am confident that the court will ator from Minnesota, feels about this shut the door to Vietnam after the war find that the Congress has the power to issue. It is difficult to get through because its Government was engaging protect unborn children, who have these remarks. I do not do it to offend in practices abhorrent to Americans. started their journey through the birth people or to be overly graphic. But it is There are still problems, but 25 years canal, before being brutally killed, be- important that we understand that this later almost half of Vietnam’s citizens fore they travel those last few inches. is happening, and we must use every had not even been born by the war’s That is all we are talking about, Mr. public access that we have to stop it. end. The best way to encourage the Vi- President—a few inches. That is the So there will be another time, Mr. etnamese Government to maintain margin between life and death. Inches. President, sooner rather than later, progress toward openness and free mar- Inches. when we are going to debate this again kets is to expand dialog and contact, Do you know that in this procedure if right here. I will be here. Thank you. not refuse it. I yield the floor. an abortionist was distracted and that Obtaining the fullest possible ac- child came through the birth canal, the Mr. LEAHY addressed the Chair. The PRESIDING OFFICER. The Sen- counting of our POW’s/MIA’s is essen- child would have to survive. They ator from Vermont. tial. I have provided funding in the for- could not do this procedure because it Mr. LEAHY. How much time is re- eign operations appropriations bill to is out of the birth canal. That is the served under the previous order for the help locate the remains of our POW/ tragic irony of all this. That is why Senator from Vermont. MIA’s. But there is no longer any ques- they do it. That is why they do it, Mr. The PRESIDING OFFICER. The Sen- tion that the Vietnamese Government President, because there is nothing ator from Vermont has 20 minutes. is cooperating fully in this effort. They more embarrassing to the abortionist Mr. LEAHY. I thank the Chair. are working closely with our liaison of- than having the aborted baby live. (The remarks of Mr. LEAHY pertain- fice to continue the search for remains. That has happened. I talked to a ing to the introduction of S. 940 are lo- Maintaining obstacles to full coopera- woman who is 18 years old who sur- cated in today’s RECORD under ‘‘State- tion between our two Governments at vived it, so I know it happens. A beau- ments on Introduced Bills and Joint this point will hinder, not reinforce tiful young lady she is, and she is con- Resolutions.’’) progress, toward completion of this ef- tributing to America. f fort. Of these 700 that Dr. Haskell killed, Mr. President, the cold war is over. NORMALIZING RELATIONS WITH how many Presidents are in that num- We have no Soviet Union to hold in VIETNAM ber? How many doctors who might find check any longer, and the largest re- a cure for cancer? How many inven- Mr. LEAHY. Mr. President, there are maining Communist power, China, tors? Who knows. We will never know, press reports that the administration which has a worse human rights record will we? They are gone—to the scissors. is considering finally normalizing rela- than Vietnam, has been granted MFN Sticking scissors. Take a pair of scis- tions with Vietnam. I know that even status. sors when you go home tonight, and after a quarter century this is an emo- It is time we recognized that times stick them into your hands a little bit, tional and difficult issue, especially for have changed in Vietnam, and in our until you can just feel the nip of it. Or the families of our POW/MIA’s. But I own country, and we should move for- perhaps why do you not try doing it in believe strongly that it is time to take ward together. I urge the President to the back of the neck and see how it this step. The record is clear that clos- delay no longer in resuming full diplo- feels, see if it hurts. er relations will contribute to resolv- matic relations with Vietnam. I am going to see that this bill gets ing the remaining discrepancy cases, The PRESIDING OFFICER. The Sen- on the desk of President Clinton if it is and we have many other interests in ator from Utah is recognized. the last thing I do before we leave this Southeast Asia that will be furthered Congress. I hope, Mr. President, if you by closer relations with our former f are out their listening, that you will enemy. SALT LAKE CITY 2002 WINTER sign this bill and you will stop this. I The Vietnam war was a tragedy for OLYMPICS know how you feel about abortion, but both the United States and for Viet- I want to know how you feel about nam. More than 58,000 American sol- Mr. BENNETT. Mr. President, the this. I hope you will sign this bill, be- diers and at least 2 million Vietnamese Members of this body have had experi- cause this is an outrage. It is unbecom- lost their lives. Countless others were ence in Utah with our winter sports fa- ing of this country to even think about injured. At least 60,000 Vietnamese are cilities, as my predecessor, Jake Garn, it, and to even have to be here on the missing a leg or an arm, mostly from invited Senators to come to Utah and floor of the U.S. Senate and admit that landmines. The war produced bitter- enjoy the Senators’ Ski Cup. this is happening in this country. ness on both sides that poisoned rela- It is now my happy duty and privi- So I am looking forward to the de- tions between our countries for years. lege to announce to all of the Members bate, as I say. I hope my colleagues But it is time to put that period be- of the Senate that the winter sports fa- who support this will be down on the hind us. Vietnam is slowly moving cilities of Utah have now attracted floor and debating it here in front of all away from its Communist past. It has more than even the U.S. Senate. Just a America—this cruel, horrible act taken aggressive steps to promote pri- few minutes ago, the International against another human being, a pre- vate investment and permit a market Olympic Committee announced that cious little baby that is defenseless. We economy to develop. It has invited rep- Salt Lake City, UT, will be the site of had a doctor yesterday, a gynecologist, resentatives of human rights groups to the Winter Olympics in the year 2002. who explained all of this, how it all discuss their concerns. The Vietnamese This is a demonstration of the superior works and how you turn the baby so Government is even requiring its sen- facilities that are available in Utah. carefully to remove it from the uterus ior officials to study English as a way We think it is well deserved. as it is being born, and you are so care- of accelerating its adoption of Amer- I want to pay tribute here on the ful with it, you take care of it and pro- ican-style practices. floor to the thousands, if not tens of S 8544 CONGRESSIONAL RECORD — SENATE June 16, 1995 thousands and even hundreds of thou- unmatched anywhere in the world, and Sec. 115. Repeal of national maximum speed sands, of Utahns who have gathered to- will be there to greet the Olympians. limit. gether to support the Olympic bid. We Momentarily I will address the Sen- Sec. 116. Federal share for bicycle transpor- ate with respect to the calendar on tation facilities and pedestrian lost it for the 1998 Olympics by one walkways. vote. We have learned here in this body Monday. Sec. 117. Repeal of restrictions on toll facilities. how elections can be decided by one At this time I suggest the absence of Sec. 118. Suspension of management systems. vote. There are some who suggested a quorum. Sec. 119. Intelligent vehicle-highway systems. that the awarding of the Summer The PRESIDING OFFICER. The Sec. 120. Donations of funds, materials, or serv- Olympics to Atlanta in 1996 hurt our clerk will call the roll. ices for federally assisted activi- bid, as the International Committee The assistant legislative clerk pro- ties. ceeded to call the roll. Sec. 121. Metric conversion of traffic control felt they did not want to have Winter signs. and Summer Olympics back-to-back in Mr. WARNER. Mr. President, I ask Sec. 122. Identification of high priority cor- the same country. Be that as it may, unanimous consent that the order for ridors. the disappointment of losing in 1998 the quorum call be rescinded. Sec. 123. Revision of authority for innovative has now been washed away in the ex- The PRESIDING OFFICER (Mr. project in Florida. citement of winning in the year 2002. THOMAS). Without objection, it is so or- Sec. 124. Revision of authority for priority dered. intermodal project in California. We have a slogan in Utah that has Sec. 125. National recreational trails funding been prepared for the Olympics. It is f program. emblazoned on the banners as you VITIATION OF CLOTURE VOTE Sec. 126. Intermodal facility in New York. come into our city. It is in the air- Sec. 127. Clarification of eligibility. ports. It is all over the State. It is: Mr. WARNER. Mr. President, I ask Sec. 128. Bristol, Rhode Island, street marking. ‘‘The world is welcome here.’’ We are unanimous consent that the cloture Sec. 129. Public use of rest areas. vote scheduled for 3 p.m. Monday be vi- Sec. 130. Collection of tolls to finance certain delighted to be able to announce that environmental projects in Florida. the world that has been welcome in tiated. Sec. 131. Hours of service of drivers of ground Utah is now coming to Utah. We are The PRESIDING OFFICER. Without water well drilling rigs. looking for the most exciting Winter objection, it is so ordered. TITLE II—NATIONAL CAPITAL REGION Olympics in history in the State of f INTERSTATE TRANSPORTATION AU- Utah in just a few short years. THORITY NATIONAL HIGHWAY SYSTEM We were so excited I had to come Sec. 201. Short title. DESIGNATION ACT over to share this news with the Mem- Sec. 202. Findings. bers of the Senate. I thank the Chair Mr. WARNER. I now ask unanimous Sec. 203. Purposes. consent that the Senate proceed to S. Sec. 204. Definitions. and the Members for the opportunity Sec. 205. Establishment of Authority. to express this. It is a great day for the 440, the highway bill. Sec. 206. Government of Authority. people of our State and, frankly, for The PRESIDING OFFICER. The Sec. 207. Ownership of Bridge. the people of our Nation as well. This clerk will read the bill by title. Sec. 208. Capital improvements and construc- is the first time the Winter Olympics The legislative clerk read as follows: tion. have come back to America since Lake A bill (S. 440) to amend title 23, United Sec. 209. Additional powers and responsibilities States Code, to provide for the designation of of Authority. Placid in 1980. I think that is a long Sec. 210. Funding. enough wait. We are delighted to be the National Highway System, and for other purposes. Sec. 211. Availability of prior authorizations. able to say, as I said, the world is wel- TITLE I—HIGHWAY PROVISIONS come in Utah. And the world is coming The PRESIDING OFFICER. Is there SEC. 101. NATIONAL HIGHWAY SYSTEM DESIGNA- to Utah. objection to the immediate consideration of the bill? TION. f Section 103 of title 23, United States Code, is There being no objection, the Senate amended by inserting after subsection (b) the WINTER OLYMPICS IN UTAH proceeded to consider the bill which following: had been reported from the Committee ‘‘(c) NATIONAL HIGHWAY SYSTEM DESIGNA- Mr. WARNER. Mr. President, may I on Labor and Human Resources, with TION.— be among the first to congratulate the an amendment to strike out all after ‘‘(1) DESIGNATION.—The most recent National people of Utah and, indeed, their Sen- the enacting clause and inserting in Highway System (as of the date of enactment of ator, who is here today. I shared with lieu thereof the following: this Act) as submitted by the Secretary of Trans- him the joy in his heart when I hap- portation pursuant to this section is designated SECTION 1. SHORT TITLE; TABLE OF CONTENTS. as the National Highway System. pened to hear him speak a few mo- (a) SHORT TITLE.—This Act may be cited as ments ago. Having had the pleasure of ‘‘(2) MODIFICATIONS.— the ‘‘National Highway System Designation Act ‘‘(A) IN GENERAL.—At the request of a State, visiting his State on a number of occa- of 1995’’. the Secretary may— sions, it will be a marvelous place to (b) TABLE OF CONTENTS.—The table of con- ‘‘(i) add a new route segment to the National host the world. Now, only the weather tents of this Act is as follows: Highway System, including a new intermodal remains a question. You usually have a Sec. 1. Short title; table of contents. connection; or very constant weather pattern during TITLE I—HIGHWAY PROVISIONS ‘‘(ii) delete a route segment in existence on the that period of the year. Sec. 101. National Highway System designation. date of the request and any connection to the Mr. BENNETT. We do, Mr. President. Sec. 102. Eligible projects for the National High- route segment; way System. if the total mileage of the National Highway Winter snows are not unknown in System (including any route segment or connec- Utah. We hope in 2002 they do not Sec. 103. Transferability of apportionments. Sec. 104. Design criteria for the National High- tion proposed to be added under this subpara- desert us. way System. graph) does not exceed 165,000 miles (265,542 kil- The Senator from Virginia is very Sec. 105. Applicability of transportation con- ometers). generous in his remarks. He has been formity requirements. ‘‘(B) PROCEDURES FOR CHANGES REQUESTED BY to the Senators’ Ski Cup and, indeed, Sec. 106. Use of recycled paving material. STATES.—Each State that makes a request for a has an award named after him for his Sec. 107. Inapplicability of Davis-Bacon Act. change in the National Highway System pursuant to subparagraph (A) shall establish that activity there. Sec. 108. Limitation on advance construction. Sec. 109. Preventive maintenance. each change in a route segment or connection Mr. WARNER. That is true. Sec. 110. Eligibility of bond and other debt in- referred to in the subparagraph has been identi- Mr. BENNETT. We hope he not only strument financing for reimburse- fied by the State, in cooperation with local offi- comes to celebrate with us in 2002, but ment as construction expenses. cials, pursuant to applicable transportation if I may, Mr. President, I hope he Sec. 111. Federal share for highways, bridges, planning activities for metropolitan areas car- comes as a Senator in 2002, having been and tunnels. ried out under section 134 and statewide plan- safely reelected between now and then. Sec. 112. Streamlining for transportation en- ning processes carried out under section 135. hancement projects. ‘‘(3) APPROVAL BY THE SECRETARY.—The Sec- Mr. WARNER. Mr. President, I thank Sec. 113. Non-Federal share for certain toll retary may approve a request made by a State my dear colleague. I would only say bridge projects. for a change in the National Highway System the quality and the quantity of the Sec. 114. Congestion mitigation and air quality pursuant to paragraph (2) if the Secretary de- snow in your State, I think, is almost improvement program. termines that the change— June 16, 1995 CONGRESSIONAL RECORD — SENATE S 8545 ‘‘(A) meets the criteria established for the Na- cies, shall develop criteria to implement para- grants to States to develop programs to use tional Highway System under this title; and graph (1). In developing the criteria, the Sec- crumb rubber from scrap tires to modify asphalt ‘‘(B) enhances the national transportation retary shall consider the results of the committee pavements. Each State may receive not more characteristics of the National Highway Sys- process of the American Association of State than $500,000 under this paragraph. tem.’’. Highway and Transportation Officials as adopt- ‘‘(B) USE OF GRANT FUNDS.—Grant funds SEC. 102. ELIGIBLE PROJECTS FOR THE NA- ed and published in ‘A Policy on Geometric De- made available to States under this paragraph TIONAL HIGHWAY SYSTEM. sign of Highways and Streets’, after adequate may be used— (a) IN GENERAL.—Section 103(i) of title 23, opportunity for input by interested parties.’’; ‘‘(i) to develop mix designs for crumb rubber United States Code, is amended— and modified asphalt pavements; (1) by striking paragraph (8) and inserting the (3) by striking subsection (q) and inserting the ‘‘(ii) for the placement and evaluation of following: following: crumb rubber modified asphalt pavement field ‘‘(8) Capital and operating costs for traffic ‘‘(q) ENVIRONMENTAL, SCENIC, AND HISTORIC tests; and monitoring, management, and control facilities VALUES.—Notwithstanding subsections (b) and ‘‘(iii) for the expansion of State crumb rubber and programs.’’; and (c), the Secretary may approve a project for the modifier programs in existence on the date the (2) by adding at the end the following: National Highway System if the project is de- grant is made available.’’; and ‘‘(14) Construction, reconstruction, resur- signed to— (2) in subsection (e), by striking paragraph (1) facing, restoration, and rehabilitation of, and ‘‘(1) allow for the preservation of environ- and inserting the following: operational improvements for, public highways mental, scenic, or historic values; ‘‘(1) the term ‘asphalt pavement containing connecting the National Highway System to— ‘‘(2) ensure safe use of the facility; and recycled rubber’ means any mixture of asphalt ‘‘(A) ports, airports, and rail, truck, and other ‘‘(3) comply with subsection (a).’’. and crumb rubber derived from whole scrap intermodal freight transportation facilities; and SEC. 105. APPLICABILITY OF TRANSPORTATION tires, such that the physical properties of the as- ‘‘(B) public transportation facilities. CONFORMITY REQUIREMENTS. phalt are modified through the mixture, for use ‘‘(15) Construction of, and operational im- (a) HIGHWAY CONSTRUCTION.—Section 109(j) of in pavement maintenance, rehabilitation, or provements for, the Alameda Transportation title 23, United States Code, is amended by strik- construction applications; and’’. Corridor along Alameda Street from the ening ‘‘plan for the implementation of any ambi- (b) FUNDING.—Section 307(e)(13) of title 23, trance to the ports of Los Angeles and Long ent air quality standard for any air quality con- United States Code, is amended by inserting Beach to Interstate 10, Los Angeles, California. trol region designated pursuant to the Clean Air after the second sentence the following: ‘‘Of the The Federal share of the cost of the construc- Act, as amended.’’ and inserting the following: amounts authorized to be expended under this tion and improvements shall be determined in ‘‘plan for— paragraph, $500,000 shall be expended in fiscal accordance with section 120(b).’’. ‘‘(1) the implementation of a national ambient year 1996 to carry out section 1038(d)(1) of the (b) DEFINITION.—Section 101(a) of title 23, air quality standard for which an area is des- Intermodal Surface Transportation Efficiency United States Code, is amended by striking the ignated as a nonattainment area under section Act of 1991 (Public Law 102–240; 23 U.S.C. 109 undesignated paragraph defining ‘‘startup costs 107(d) of the Clean Air Act (42 U.S.C. 7407(d)); note) and $10,000,000 shall be expended in each for traffic management and control’’ and insert- or of fiscal years 1996 and 1997 to carry out section ing the following: ‘‘(2) the maintenance of a national ambient 1038(d)(2) of the Act.’’. ‘‘The term ‘operating costs for traffic monitor- air quality standard in an area that was des- SEC. 107. INAPPLICABILITY OF DAVIS-BACON ACT. ing, management, and control’ includes labor ignated as a nonattainment area but that was Section 113 of title 23, United States Code, is costs, administrative costs, costs of utilities and later redesignated by the Administrator as an amended to read as follows: rent, and other costs associated with the contin- attainment area for the standard and that is re- ‘‘§ 113. Prevailing rate of wage uous operation of traffic control activities, such quired to develop a maintenance plan under sec- ‘‘The Act entitled ‘An Act relating to the rate as integrated traffic control systems, incident tion 175A of the Clean Air Act (42 U.S.C. of wages for laborers and mechanics employed management programs, and traffic control cen- 7505a).’’. on public buildings of the United States and the ters.’’. (b) CLEAN AIR ACT REQUIREMENTS.—Section District of Columbia by contractors and sub- SEC. 103. TRANSFERABILITY OF APPORTION- 176(c) of the Clean Air Act (42 U.S.C. 7506(c)) is contractors, and for other purposes’, approved MENTS. amended by adding at the end the following: March 3, 1931 (commonly known as the ‘Davis- The third sentence of section 104(g) of title 23, ‘‘(5) APPLICABILITY.—This subsection shall Bacon Act’) (40 U.S.C. 276a et seq.), shall not United States Code, is amended by striking ‘‘40 apply only with respect to— apply with respect to any project carried out or percent’’ and inserting ‘‘60 percent’’. ‘‘(A) a nonattainment area and each specific assisted under any chapter of this title.’’. pollutant for which the area is designated as a SEC. 104. DESIGN CRITERIA FOR THE NATIONAL SEC. 108. LIMITATION ON ADVANCE CONSTRUC- HIGHWAY SYSTEM. nonattainment area; and TION. Section 109 of title 23, United States Code, is ‘‘(B) an area that was designated as a non- Section 115(d) of title 23, United States Code, amended— attainment area but that was later redesignated is amended to read as follows: (1) by striking subsection (a) and inserting the by the Administrator as an attainment area and ‘‘(d) REQUIREMENT OF INCLUSION IN TRANS- following: that is required to develop a maintenance plan PORTATION IMPROVEMENT PROGRAM.—The Sec- ‘‘(a) IN GENERAL.—The Secretary shall ensure under section 175A with respect to the specific retary may not approve an application under that the plans and specifications for each pro- pollutant for which the area was designated this section unless the project is included in the posed highway project under this chapter pro- nonattainment.’’. transportation improvement program of the vide for a facility that will— SEC. 106. USE OF RECYCLED PAVING MATERIAL. State developed under section 135(f).’’. ‘‘(1) adequately serve the existing and (a) IN GENERAL.—Section 1038 of the Inter- SEC. 109. PREVENTIVE MAINTENANCE. planned future traffic of the highway in a man- modal Surface Transportation Efficiency Act of Section 116 of title 23, United States Code, is ner that is conducive to safety, durability, and 1991 (Public Law 102–240; 23 U.S.C. 109 note) is amended by adding at the end the following: economy of maintenance; and amended— ‘‘(d) PREVENTIVE MAINTENANCE.—A preventive ‘‘(2) be designed and constructed in accord- (1) by striking subsection (d) and inserting the maintenance activity shall be eligible for Fed- ance with criteria best suited to accomplish the following: eral assistance under this title if the State dem- objectives described in paragraph (1) and to con- ‘‘(d) ASPHALT PAVEMENT CONTAINING RECY- onstrates to the satisfaction of the Secretary form to the particular needs of each locality.’’; CLED RUBBER.— that the activity is a cost-effective means of ex- (2) by striking subsection (c) and inserting the ‘‘(1) CRUMB RUBBER MODIFIER RESEARCH.—Not tending the life of a Federal-aid highway.’’. following: later than 180 days after the date of enactment SEC. 110. ELIGIBILITY OF BOND AND OTHER DEBT ‘‘(c) DESIGN CRITERIA FOR THE NATIONAL of the National Highway System Designation INSTRUMENT FINANCING FOR REIM- HIGHWAY SYSTEM.— Act of 1995, the Administrator of the Federal BURSEMENT AS CONSTRUCTION EX- ‘‘(1) IN GENERAL.—A design for new construc- Highway Administration shall develop testing PENSES. tion, reconstruction, resurfacing (except for procedures and conduct research to develop per- (a) IN GENERAL.—Section 122 of title 23, Unit- maintenance resurfacing), restoration, or reha- formance grade classifications, in accordance ed States Code, is amended to read as follows: bilitation of a highway on the National High- with the strategic highway research program ‘‘SEC. 122. PAYMENTS TO STATES FOR BOND AND way System (other than a highway also on the carried out under section 307(d) of title 23, Unit- OTHER DEBT INSTRUMENT FINANC- Interstate System) shall take into account, in ed States Code, for crumb rubber modifier bind- ING. addition to the criteria described in subsection ers. The testing procedures and performance ‘‘(a) DEFINITION OF ELIGIBLE DEBT FINANCING (a)— grade classifications should be developed in con- INSTRUMENT.—In this section, the term ‘eligible ‘‘(A) the constructed and natural environment sultation with representatives of the crumb rub- debt financing instrument’ means a bond or of the area; ber modifier industry and other interested par- other debt financing instrument, including a ‘‘(B) the environmental, scenic, aesthetic, his- ties (including the asphalt paving industry) note, certificate, mortgage, or lease agreement, toric, community, and preservation impacts of with experience in the development of the proce- issued by a State or political subdivision of a the activity; and dures and classifications. State, the proceeds of which are used for an eli- ‘‘(C) as appropriate, access for other modes of ‘‘(2) CRUMB RUBBER MODIFIER PROGRAM DE- gible Federal-aid project under this title. transportation. VELOPMENT.— ‘‘(b) FEDERAL REIMBURSEMENT.—Subject to ‘‘(2) DEVELOPMENT OF CRITERIA.—The Sec- ‘‘(A) IN GENERAL.—The Administrator of the subsections (c) and (d), the Secretary may reim- retary, in cooperation with State highway agen- Federal Highway Administration shall make burse a State for expenses and costs incurred by S 8546 CONGRESSIONAL RECORD — SENATE June 16, 1995

the State or a political subdivision of the State, ‘‘(iii) EFFECT ON OTHER REQUIREMENTS.—This (b) CONFORMING AMENDMENTS.— for— subparagraph shall not exempt a State from (1) The analysis for chapter 1 of title 23, Unit- ‘‘(1) interest payments under an eligible debt other requirements of this title relating to the ed States Code, is amended by striking the item financing instrument; surface transportation program.’’; and relating to section 154. ‘‘(2) the retirement of principal of an eligible (2) by adding at the end the following: (2) Section 141 of title 23, United States Code, debt financing instrument; ‘‘(5) TRANSPORTATION ENHANCEMENT ACTIVI- is amended— ‘‘(3) the cost of the issuance of an eligible debt TIES.— (A) by striking subsection (a); financing instrument; ‘‘(A) CATEGORICAL EXCLUSIONS.—To the ex- (B) by redesignating subsections (b), (c), and ‘‘(4) the cost of insurance for an eligible debt tent appropriate, the Secretary shall develop (d) as subsections (a), (b), and (c), respectively; financing instrument; and categorical exclusions from the requirement that and ‘‘(5) any other cost incidental to the sale of an an environmental assessment or an environ- (C) in subsection (b) (as so redesignated), by eligible debt financing instrument (as deter- mental impact statement under section 102 of striking ‘‘subsection (b)’’ each place it appears mined by the Secretary). the National Environmental Policy Act of 1969 and inserting ‘‘subsection (a)’’. ‘‘(c) CONDITIONS ON PAYMENT.—The Secretary (42 U.S.C. 4332) be prepared for transportation (3) Section 123(c)(3) of the Federal-Aid High- may reimburse a State under subsection (b) with enhancement activities funded from the alloca- way Act of 1978 (Public Law 95–599; 23 U.S.C. respect to a project funded by an eligible debt fi- tion required by subsection (d)(2). 141 note) is amended by striking ‘‘section nancing instrument after the State has complied ‘‘(B) NATIONWIDE PROGRAMMATIC AGREE- 141(b)’’ and inserting ‘‘section 141(a)’’. with this title to the extent and in the manner MENT.—The Administrator of the Federal High- (4) Section 153(i)(2) of title 23, United States that would be required if payment were to be way Administration, in consultation with the Code, is amended to read as follows: made under section 121. National Conference of State Historic Preserva- ‘‘(2) MOTOR VEHICLE.—The term ‘motor vehi- ‘‘(d) FEDERAL SHARE.—The Federal share of tion Officers and the Advisory Council on His- cle’ means any vehicle driven or drawn by me- the cost of a project payable under this section toric Preservation established under title II of chanical power manufactured primarily for use shall not exceed the pro-rata basis of payment the National Historic Preservation Act (16 on public highways, except any vehicle operated authorized in section 120. U.S.C. 470i et seq.), shall develop a nationwide exclusively on a rail or rails.’’. ‘‘(e) STATUTORY CONSTRUCTION.—Notwith- programmatic agreement governing the review of (5) Section 1029 of the Intermodal Surface standing any other law, the eligibility of an eli- transportation enhancement activities funded Transportation Efficiency Act of 1991 (Public gible debt financing instrument for reimburse- from the allocation required by subsection Law 102–240; 23 U.S.C. 154 note) is amended— ment under subsection (a) shall not— (d)(2), in accordance with— (A) by striking subsection (d); and ‘‘(1) constitute a commitment, guarantee, or ‘‘(i) section 106 of the National Historic Pres- (B) by redesignating subsections (e), (f), and obligation on the part of the United States to ervation Act (16 U.S.C. 470f); and (g) as subsections (d), (e), and (f), respectively. provide for payment of principal or interest on ‘‘(ii) the regulations of the Advisory Council (6) Section 157(d) of title 23, United States the eligible debt financing instrument; or on Historic Preservation.’’. Code, is amended by striking ‘‘154(f) or’’. ‘‘(2) create any right of a third party against (7) Section 410(i)(3) of title 23, United States SEC. 113. NON-FEDERAL SHARE FOR CERTAIN Code, is amended to read as follows: the United States for payment under the eligible TOLL BRIDGE PROJECTS. ‘‘(3) MOTOR VEHICLE.—The term ‘motor vehi- debt financing instrument.’’. Section 144(l) of title 23, United States Code, is cle’ means any vehicle driven or drawn by me- (b) DEFINITION OF CONSTRUCTION.—The first amended by adding at the end the following: chanical power manufactured primarily for use sentence of the undesignated paragraph defin- ‘‘Any non-Federal funds expended for the seis- on public highways, except any vehicle operated ing ‘‘construction’’ of section 101(a) of title 23, mic retrofit of the bridge may be credited toward exclusively on a rail or rails.’’. United States Code, is amended by inserting the non-Federal share required as a condition of ‘‘bond costs and other costs relating to the issu- receipt of any Federal funds for seismic retrofit SEC. 116. FEDERAL SHARE FOR BICYCLE TRANS- ance of bonds or other debt instrument financ- PORTATION FACILITIES AND PEDES- of the bridge made available after the date of TRIAN WALKWAYS. ing in accordance with section 122,’’ after the expenditure.’’. Section 217(f) of title 23, United States Code, ‘‘highway, including’’. SEC. 114. CONGESTION MITIGATION AND AIR is amended by striking ‘‘80 percent’’ and insert- (c) CONFORMING AMENDMENT.—The analysis QUALITY IMPROVEMENT PROGRAM. ing ‘‘determined in accordance with section for chapter 1 of title 23, United States Code, is (a) AREAS ELIGIBLE FOR FUNDS.— 120(b)’’. amended by striking the item relating to section (1) IN GENERAL.—The first sentence of section 122 and inserting the following: SEC. 117. REPEAL OF RESTRICTIONS ON TOLL FA- 149(b) of title 23, United States Code, is amend- CILITIES. ‘‘122. Payments to States for bond and other ed— (a) IN GENERAL.—Section 301 of title 23, Unit- debt instrument financing.’’. (A) by inserting ‘‘for areas in the State that ed States Code, is repealed. SEC. 111. FEDERAL SHARE FOR HIGHWAYS, were designated as nonattainment areas under (b) AUTHORIZATION FOR FEDERAL PARTICIPA- BRIDGES, AND TUNNELS. section 107(d) of the Clean Air Act (42 U.S.C. TION.—Section 129(a)(1) of title 23, United States Section 129(a) of title 23, United States Code, 7407(d))’’ after ‘‘may obligate funds’’; and Code, is amended to read as follows: is amended by striking paragraph (5) and insert- (B) in paragraph (1)(A)— ‘‘(1) AUTHORIZATION FOR FEDERAL PARTICIPA- ing the following: (i) by striking ‘‘contribute to the’’ and insert- TION.—Subject to the other provisions of this ‘‘(5) LIMITATION ON FEDERAL SHARE.—The ing the following: ‘‘contribute to— section, the Secretary shall permit Federal par- Federal share payable for an activity described ‘‘(i) the’’; and ticipation in Federal-aid projects involving toll in paragraph (1) shall be a percentage deter- (ii) by adding at the end the following: highways, bridges, and tunnels on the same mined by the State, but not to exceed 80 per- ‘‘(ii) the maintenance of a national ambient basis and in the same manner as in the con- cent.’’. air quality standard in an area that was des- struction of free highways under this chapter.’’. SEC. 112. STREAMLINING FOR TRANSPORTATION ignated as a nonattainment area but that was (c) CONFORMING AMENDMENTS.— ENHANCEMENT PROJECTS. later redesignated by the Administrator of the (1) Section 129 of title 23, United States Code, Section 133(e) of title 23, United States Code, Environmental Protection Agency as an attain- is amended— is amended— ment area under section 107(d) of the Clean Air (A) in subsection (b), by striking ‘‘Notwith- (1) in paragraph (3)— Act (42 U.S.C. 7407(d)); or’’. standing the provisions of section 301 of this (A) by striking ‘‘(3) PAYMENTS.—The’’ and in- (2) APPORTIONMENT.—Section 104(b)(2) of title title, the’’ and inserting ‘‘The’’; and serting the following: 23, United States Code, is amended— (B) in subsection (c), by striking ‘‘Notwith- ‘‘(3) PAYMENTS.— (A) in the second sentence, by striking ‘‘is a standing section 301 of this title, the’’ and in- ‘‘(A) IN GENERAL.—Except as provided in sub- nonattainment area (as defined in the Clean Air serting ‘‘The’’. paragraph (B), the’’; and Act) for ozone’’ and inserting ‘‘was a nonattain- (2) The analysis for chapter 3 of title 23, Unit- (B) by adding at the end the following: ment area (as defined in section 171(2) of the ed States Code, is amended by striking the item ‘‘(B) ADVANCE PAYMENT OPTION FOR TRANS- Clean Air Act (42 U.S.C. 7501(2))) for ozone dur- relating to section 301. PORTATION ENHANCEMENT ACTIVITIES.— ing any part of fiscal year 1995’’; and SEC. 118. SUSPENSION OF MANAGEMENT SYS- ‘‘(i) IN GENERAL.—The Secretary may advance (B) in the third sentence— TEMS. funds to the State for transportation enhance- (i) by striking ‘‘is also’’ and inserting ‘‘was Section 303 of title 23, United States Code, is ment activities funded from the allocation re- also’’; and amended— quired by subsection (d)(2) for a fiscal year if (ii) by inserting ‘‘during any part of fiscal (1) by striking subsection (c) and inserting the the Secretary certifies for the fiscal year that year 1995’’ after ‘‘monoxide’’. following: the State has authorized and uses a process for (b) REMOVAL OF CERTAIN FUNDING LIMITA- ‘‘(c) STATE ELECTION.—A State may, at the the selection of transportation enhancement TIONS.—Section 149(b)(1)(A) of title 23, United option of the State, elect, at any time, not to im- projects that involves representatives of affected States Code, is amended by striking ‘‘(other plement, in whole or in part, 1 or more of the public entities, and private citizens, with exper- than clauses (xii) and (xvi) of such section), management systems required under this sec- tise related to transportation enhancement ac- that the project or program’’ and inserting ‘‘, tion. The Secretary may not impose any sanc- tivities. that the publicly sponsored project or program’’. tion on, or withhold any benefit from, a State ‘‘(ii) LIMITATION ON AMOUNTS.—Amounts ad- SEC. 115. REPEAL OF NATIONAL MAXIMUM SPEED on the basis of such an election.’’; and vanced under this subparagraph shall be limited LIMIT. (2) in subsection (f)— to such amounts as are necessary to make (a) IN GENERAL.—Section 154 of title 23, Unit- (A) by striking ‘‘(f) ANNUAL REPORT.—Not’’ prompt payments for project costs. ed States Code, is repealed. and inserting the following: June 16, 1995 CONGRESSIONAL RECORD — SENATE S 8547

‘‘(f) REPORTS.— Salem, North Carolina, to Portsmouth, Ohio, to ally significant, intercity ground transportation ‘‘(1) ANNUAL REPORTS.—Not’’; and Cincinnati, Ohio, and Detroit, Michigan. projects’’. (B) by adding at the end the following: ‘‘(B)(i) In the Commonwealth of Virginia, the SEC. 124. REVISION OF AUTHORITY FOR PRIORITY ‘‘(2) REPORT ON IMPLEMENTATION.—Not later Corridor shall generally follow— INTERMODAL PROJECT IN CALIFOR- than October 1, 1996, the Secretary, in consulta- ‘‘(I) United States Route 220 from the Vir- NIA. tion with States, shall transmit to Congress a re- ginia-North Carolina border to I–581 south of Item 31 of the table in section 1108(b) of the port on the management systems required under Roanoke; Intermodal Surface Transportation Efficiency this section that makes recommendations as to ‘‘(II) I–581 to I–81 in the vicinity of Roanoke; Act of 1991 (Public Law 102–240; 105 Stat. 2062) whether, to what extent, and how the manage- ‘‘(III) I–81 to the proposed highway to dem- is amended by striking ‘‘To improve ground ac- ment systems should be implemented.’’. onstrate intelligent vehicle-highway systems au- cess from Sepulveda Blvd. to Los Angeles, Cali- SEC. 119. INTELLIGENT VEHICLE-HIGHWAY SYS- thorized by item 29 of the table in section 1107(b) fornia’’ and inserting the following: ‘‘For the TEMS. in the vicinity of Christiansburg to United Los Angeles International Airport central termi- (a) IMPROVED COLLABORATION IN INTELLIGENT States Route 460 in the vicinity of Blacksburg; nal ramp access project, $3,500,000; for the wid- VEHICLE-HIGHWAY SYSTEMS RESEARCH AND DE- and ening of Aviation Boulevard south of Imperial VELOPMENT.—Section 6054 of the Intermodal ‘‘(IV) United States Route 460 to the West Vir- Highway, $3,500,000; for the widening of Avia- Surface Transportation Efficiency Act of 1991 ginia State line. tion Boulevard north of Imperial Highway, (Public Law 102–240; 23 U.S.C. 307 note) is ‘‘(ii) In the States of West Virginia, Kentucky, $1,000,000; and for transportation systems man- amended by adding at the end the following: and Ohio, the Corridor shall generally follow— agement improvements in the vicinity of the Se- ‘‘(e) COLLABORATIVE RESEARCH AND DEVELOP- ‘‘(I) United States Route 460 from the West pulveda Boulevard/Los Angeles International MENT.—In carrying out this part, the Secretary Virginia State line to United States Route 52 at Airport tunnel, $950,000’’. may carry out collaborative research and devel- Bluefield, West Virginia; and SEC. 125. NATIONAL RECREATIONAL TRAILS opment in accordance with section 307(a)(2) of ‘‘(II) United States Route 52 to United States FUNDING PROGRAM. title 23, United States Code.’’. Route 23 at Portsmouth, Ohio. (a) CONTRACT AUTHORITY.—Section 1302 of (b) TIME LIMIT FOR OBLIGATION OF FUNDS ‘‘(iii) In the State of North Carolina, the Cor- the Intermodal Surface Transportation Effi- FOR INTELLIGENT VEHICLE-HIGHWAY SYSTEMS ridor shall generally follow— ciency Act of 1991 (16 U.S.C. 1261) is amended— PROJECTS.—Section 6058 of the Intermodal Sur- ‘‘(I) in the case of I–73— (1) by redesignating subsection (g) as sub- face Transportation Efficiency Act of 1991 (Pub- ‘‘(aa) United States Route 220 from the Vir- section (i); and lic Law 102–240; 23 U.S.C. 307 note) is amended ginia State line to State Route 68 in the vicinity (2) by inserting after subsection (f) the follow- by adding at the end the following: of Greensboro; ing: ‘‘(bb) State Route 68 to I–40; ‘‘(g) CONTRACT AUTHORITY.—Funds author- ‘‘(f) OBLIGATION OF FUNDS.— ‘‘(cc) I–40 to United States Route 220 in ized to be appropriated under this section shall ‘‘(1) IN GENERAL.—Funds made available pursuant to subsections (a) and (b) after the date of Greensboro; be available for obligation in the manner as if enactment of this subsection, and other funds ‘‘(dd) United States Route 220 to United States the funds were apportioned under title 23, Unit- made available after that date to carry out spe- Route 74 near Rockingham; ed States Code, except that the Federal share of ‘‘(ee) United States Route 74 to United States cific intelligent vehicle-highway systems any project under this section shall be deter- Route 76 near Whiteville; projects, shall be obligated not later than the mined in accordance with this section and shall ‘‘(ff) United States Route 74/76 to United last day of the fiscal year following the fiscal not be subject to any limitation on obligation States Route 17 near Calabash; and year with respect to which the funds are made applicable generally to the Federal-aid highway ‘‘(gg) United States Route 17 to the South available. program. Carolina State line; and ‘‘(h) FEDERAL SHARE.—The Federal share of ‘‘(2) REALLOCATION OF FUNDS.—If funds de- ‘‘(II) in the case of I–74— the cost of a project under this section shall be scribed in paragraph (1) are not obligated by the ‘‘(aa) I–77 from Bluefield, West Virginia, to 50 percent.’’. date described in the paragraph, the Secretary the junction of I–77 and the United States Route (b) TECHNICAL AND CONFORMING AMEND- may make the funds available to carry out any 52 connector in Surry County, North Carolina; MENTS.— other activity with respect to which funds may ‘‘(bb) the I–77/United States Route 52 connec- (1) IN GENERAL.—Section 1302 of the Inter- be made available under subsection (a) or (b).’’. tor to United States Route 52 south of Mount modal Surface Transportation Efficiency Act of SEC. 120. DONATIONS OF FUNDS, MATERIALS, OR Airy, North Carolina; 1991 (16 U.S.C. 1261) is amended— SERVICES FOR FEDERALLY AS- ‘‘(cc) United States Route 52 to United States (A) by striking subsection (c) and inserting SISTED ACTIVITIES. Route 311 in Winston-Salem, North Carolina; the following: Section 323 of title 23, United States Code, is and ‘‘(c) STATE ELIGIBILITY.—A State shall be eli- amended— ‘‘(dd) United States Route 311 to United States gible to receive moneys under this part if— (1) by redesignating subsection (c) as sub- Route 220 in the vicinity of Randleman, North ‘‘(1) the Governor of the State has designated section (d); and Carolina. the State agency responsible for administering (2) by inserting after subsection (b) the follow- ‘‘(iv) Each route segment referred to in clause allocations under this section; ing: (i), (ii), or (iii) that is not a part of the Inter- ‘‘(2) the State proposes to obligate and ulti- ‘‘(c) CREDIT FOR DONATIONS OF FUNDS, MATE- state System shall be designated as a route in- mately obligates any allocations received in ac- RIALS, OR SERVICES.—Nothing in this title or cluded in the Interstate System, at such time as cordance with subsection (e); and any other law shall prevent a person from offer- the Secretary determines that the route seg- ‘‘(3) a recreational trail advisory board on ing to donate funds, materials, or services in ment— which both motorized and nonmotorized rec- connection with an activity eligible for Federal ‘‘(I) meets Interstate System design standards reational trail users are represented exists in the assistance under this title. In the case of such approved by the Secretary under section 109(b) State.’’; an activity with respect to which the Federal of title 23, United States Code; and (B) in subsection (d), by striking paragraph Government and the State share in paying the ‘‘(II) meets the criteria for designation pursu- (3); (C) in subsection (e)— cost, any donated funds, or the fair market ant to section 139 of title 23, United States Code, (i) in paragraphs (3)(A), (5)(B), and (8)(B), by value of any donated materials or services, that except that the determination shall be made striking ‘‘(c)(2)(A) of this section’’ and inserting are accepted and incorporated into the activity without regard to whether the route segment is ‘‘(c)(3)’’; and by the State highway agency shall be credited a logical addition or connection to the Interstate against the State share.’’. (ii) in paragraph (5)(A)(i), by striking ‘‘(g)(5)’’ System.’’; and and inserting ‘‘(i)(5)’’; and SEC. 121. METRIC CONVERSION OF TRAFFIC CON- (2) by adding at the end the following: (D) in subsection (i) (as redesignated by sub- TROL SIGNS. ‘‘(22) The Alameda Transportation Corridor section (a)(1)), by striking paragraph (1) and in- Notwithstanding section 3(2) of the Metric along Alameda Street from the entrance to the serting the following: Conversion Act of 1975 (15 U.S.C. 205b(2)) or any ports of Los Angeles and Long Beach to Inter- ‘‘(1) ELIGIBLE STATE.—The term ‘eligible State’ other law, no State shall be required to— state 10, Los Angeles, California. means a State (as defined in section 101 of title (1) erect any highway sign that establishes ‘‘(23) The Interstate Route 35 Corridor from 23, United States Code) that meets the require- any speed limit, distance, or other measurement Laredo, Texas, through Oklahoma City, Okla- ments of subsection (c).’’. using the metric system; or homa, to Wichita, Kansas, to Kansas City, Kan- (2) Section 104 of title 23, United States Code, (2) modify any highway sign that establishes sas/Missouri, to Des Moines, Iowa, to Min- is amended— any speed limit, distance, or other measurement neapolis, Minnesota, to Duluth, Minnesota.’’. (A) by redesignating subsection (h) as sub- so that the sign uses the metric system. SEC. 123. REVISION OF AUTHORITY FOR INNOVA- section (i); and SEC. 122. IDENTIFICATION OF HIGH PRIORITY TIVE PROJECT IN FLORIDA. (B) by inserting after subsection (g) the fol- CORRIDORS. Item 196 of the table in section 1107(b) of the lowing: Section 1105(c) of the Intermodal Surface Intermodal Surface Transportation Efficiency ‘‘(h) NATIONAL RECREATIONAL TRAILS FUND- Transportation Efficiency Act of 1991 (Pub. L. Act of 1991 (Public Law 102–240; 105 Stat. 2058) ING.—The Secretary shall expend, from adminis- 102–240; 105 Stat. 2032) is amended— is amended— trative funds deducted under subsection (a), to (1) by striking paragraph (5) and inserting the (1) by striking ‘‘Orlando,’’; and carry out section 1302 of the Intermodal Surface following: (2) by striking ‘‘Land & right-of-way acquisi- Transportation Efficiency Act of 1991 (16 U.S.C. ‘‘(5)(A) I–73/74 North-South Corridor from tion & guideway construction for magnetic limi- 1261) $15,000,000 for each of fiscal years 1996 and Charleston, South Carolina, through Winston- tation project’’ and inserting ‘‘1 or more region- 1997.’’. S 8548 CONGRESSIONAL RECORD — SENATE June 16, 1995 (3) Section 9511(c) of the Trust Fund Code of tions prescribed by the Secretary of Transpor- an independent authority to be established by 1981 is amended by striking ‘‘, as provided in ap- tation under sections 31136 and 31502 of title 49, the Capital Region jurisdictions. propriation Acts,’’. United States Code, who is used primarily in the SEC. 203. PURPOSES. SEC. 126. INTERMODAL FACILITY IN NEW YORK. transportation and operation of a ground water The purposes of this title are— (a) IN GENERAL.—The Secretary of Transpor- well drilling rig, for the purpose of the regula- (1) to grant consent to the Commonwealth of tation shall make grants to the National Rail- tions, any period of 8 consecutive days may end Virginia, the State of Maryland, and the Dis- road Passenger Corporation for— with the beginning of an off-duty period of 24 or trict of Columbia to establish the National Cap- (1) engineering, design, and construction ac- more consecutive hours. ital Region Interstate Transportation Authority; tivities to permit the James A. Farley Post Office (c) REPORT.—The Secretary of Transportation and in New York, New York, to be used as an inter- shall monitor the commercial motor vehicle safe- (2) to authorize the transfer of ownership of modal transportation facility and commercial ty performance of drivers of ground water well the Bridge to the Authority for the purposes of center; and drilling rigs. If the Secretary determines that owning, constructing, maintaining, and operat- (2) necessary improvements to and redevelop- public safety has been adversely affected by the ing a bridge or tunnel or a bridge and tunnel ment of Pennsylvania Station and associated general rule established by subsection (b), the project across the Potomac River. service buildings in New York, New York. Secretary shall report to Congress on the deter- SEC. 204. DEFINITIONS. (b) AUTHORIZATION OF APPROPRIATIONS.— mination. In this title: There are authorized to be appropriated to carry TITLE II—NATIONAL CAPITAL REGION (1) AUTHORITY.—The term ‘‘Authority’’ means out this section a total of $69,500,000 for fiscal INTERSTATE TRANSPORTATION AU- the National Capital Region Interstate Trans- years following fiscal year 1995, to remain avail- THORITY portation Authority authorized by this title and able until expended. SEC. 201. SHORT TITLE. by similar enactment by each of the Capital Re- SEC. 127. CLARIFICATION OF ELIGIBILITY. gion jurisdictions. The improvements to, or adjacent to, the main This title may be cited as the ‘‘National Cap- ital Region Interstate Transportation Authority (2) AUTHORITY FACILITY.—The term ‘‘Author- line of the National Railroad Passenger Cor- ity facility’’ means— poration between milepost 190.23 at Central Act of 1995’’. SEC. 202. FINDINGS. (A) the Bridge (as in existence on the date of Falls, Rhode Island, and milepost 168.53 at enactment of this Act); Davisville, Rhode Island, that are necessary to Congress finds that— (1) traffic congestion imposes serious economic (B) any southern Capital Beltway crossing of support the rail movement of freight shall be eli- the Potomac River constructed in the vicinity of gible for funding under sections 103(e)(4), 104(b), burdens on the metropolitan Washington, D.C., area, costing each commuter an estimated $1,000 the Bridge after the date of enactment of this and 144 of title 23, United States Code. Act; or SEC. 128. BRISTOL, RHODE ISLAND, STREET per year; (2) the volume of traffic in the metropolitan (C) any building, improvement, addition, ex- MARKING. tension, replacement, appurtenance, land, inter- Notwithstanding any other law, a red, white, Washington, D.C., area is expected to increase by more than 70 percent between 1990 and 2020; est in land, water right, air right, franchise, ma- and blue center line in the Main Street of Bris- chinery, equipment, furnishing, landscaping, tol, Rhode Island, shall be deemed to comply (3) the deterioration of the Woodrow Wilson Memorial Bridge and the growing population of easement, utility, approach, roadway, or other with the requirements of section 3B–1 of the facility necessary or desirable in connection Manual on Uniform Traffic Control Devices of the metropolitan Washington, D.C., area contribute significantly to traffic congestion; with or incidental to a facility described in sub- the Department of Transportation. paragraph (A) or (B). SEC. 129. PUBLIC USE OF REST AREAS. (4) the Bridge serves as a vital link in the Interstate System and in the Northeast corridor; (3) BOARD.—The term ‘‘Board’’ means the Notwithstanding section 111 of title 23, United board of directors of the Authority established States Code, or any project agreement under the (5) identifying alternative methods for maintaining this vital link of the Interstate System is under section 206. section, the Secretary of Transportation shall (4) BRIDGE.—The term ‘‘Bridge’’ means the permit the conversion of any safety rest area ad- critical to addressing the traffic congestion of the area; Woodrow Wilson Memorial Bridge across the jacent to Interstate Route 95 within the State of Potomac River. Rhode Island that was closed as of May 1, 1995, (6) the Bridge is— (A) the only drawbridge in the metropolitan (5) CAPITAL REGION JURISDICTION.—The term to use as a motor vehicle emissions testing facil- ‘‘Capital Region jurisdiction’’ means— ity. At the option of the State, vehicles shall be Washington, D.C., area on the Interstate Sys- tem; (A) the Commonwealth of Virginia; permitted to gain access to and from any such (B) the State of Maryland; or testing facility directly from Interstate Route 95. (B) the only segment of the Capital Beltway with only 6 lanes; and (C) the District of Columbia. SEC. 130. COLLECTION OF TOLLS TO FINANCE (C) the only segment of the Capital Beltway (6) INTERSTATE SYSTEM.—The term ‘‘Interstate CERTAIN ENVIRONMENTAL PROJ- with a remaining expected life of less than 10 System’’ means the Dwight D. Eisenhower Na- ECTS IN FLORIDA. tional System of Interstate and Defense High- Notwithstanding section 129(a) of title 23, years; (7) the Bridge is the only part of the Interstate ways designated under section 103(e) of title 23, United States Code, on request of the Governor United States Code. of the State of Florida, the Secretary of Trans- System owned by the Federal Government; (7) NATIONAL CAPITAL REGION.—The term portation shall modify the agreement entered (8)(A) the Bridge was constructed by the Fed- eral Government; ‘‘National Capital Region’’ means the region into with the transportation department of the consisting of the metropolitan areas of— State and described in section 129(a)(3) of the (B) prior to the date of enactment of this Act, the Federal Government has contributed 100 (A)(i) the cities of Alexandria, Fairfax, and title to permit the collection of tolls to liquidate Falls Church, Virginia; and such indebtedness as may be incurred to finance percent of the cost of building and rehabilitat- ing the Bridge; and (ii) the counties of Arlington and Fairfax, Vir- any cost associated with a feature of an envi- ginia, and the political subdivisions of the Com- ronmental project that is carried out under (C) the Federal Government has a continuing responsibility to fund future costs associated monwealth of Virginia located in the counties; State law and approved by the Secretary of the (B) the counties of Montgomery and Prince Interior. with the upgrading of the Interstate Route 95 crossing, including the rehabilitation and recon- Georges, Maryland, and the political subdivi- SEC. 131. HOURS OF SERVICE OF DRIVERS OF struction of the Bridge; sions of the State of Maryland located in the GROUND WATER WELL DRILLING counties; and RIGS. (9) the Woodrow Wilson Bridge Coordination (C) the District of Columbia. (a) DEFINITIONS.—In this section: Committee, established by the Federal Highway (8) SECRETARY.—The term ‘‘Secretary’’ means (1) 8 CONSECUTIVE DAYS.—The term ‘‘8 con- Administration and comprised of representatives secutive days’’ means the period of 8 consecutive of Federal, State, and local governments, is un- the Secretary of Transportation. days beginning on any day at the time des- dertaking planning studies pertaining to the SEC. 205. ESTABLISHMENT OF AUTHORITY. ignated by the motor carrier for a 24-hour pe- Bridge, consistent with the National Environ- (a) CONSENT TO AGREEMENT.—Congress grants riod. mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) consent to the Commonwealth of Virginia, the (2) 24-HOUR PERIOD.—The term ‘‘24-hour pe- and other applicable Federal laws; State of Maryland, and the District of Columbia riod’’ means any 24-consecutive-hour period be- (10) the transfer of ownership of the Bridge to to enter into an interstate agreement or compact ginning at the time designated by the motor car- a regional entity under the terms and conditions to establish the National Capital Region Inter- rier for the terminal from which the driver is described in this title would foster regional state Transportation Authority in accordance normally dispatched. transportation planning efforts to identify solu- with this title. (3) GROUND WATER WELL DRILLING RIG.—The tions to the growing problem of traffic conges- (b) ESTABLISHMENT OF AUTHORITY.— term ‘‘ground water well drilling rig’’ means tion on and around the Bridge; (1) IN GENERAL.—On execution of the inter- any vehicle, machine, tractor, trailer, semi-trail- (11) any material change to the Bridge must state agreement or compact described in sub- er, or specialized mobile equipment propelled or take into account the interests of nearby com- section (a), the Authority shall be considered to drawn by mechanical power and used on high- munities, the commuting public, Federal, State, be established. ways to transport water well field operating and local government organizations, and other (2) GENERAL POWERS.—The Authority shall be equipment, including water well drilling and affected groups; and a body corporate and politic, independent of all pump service rigs equipped to access ground (12) a commission of congressional, State, and other bodies and jurisdictions, having the pow- water. local officials and transportation representa- ers and jurisdiction described in this title and (b) GENERAL RULE.—In the case of a driver of tives has recommended to the Secretary of such additional powers as are conferred on the a commercial motor vehicle subject to regula- Transportation that the Bridge be transferred to Authority by the Capital Region jurisdictions, to June 16, 1995 CONGRESSIONAL RECORD — SENATE S 8549 the extent that the additional powers are con- subsection (c), the Secretary shall convey all tion against an activity described in subpara- sistent with this title. right, title, and interest of the Department of graph (A) with respect to the Authority by an SEC. 206. GOVERNMENT OF AUTHORITY. Transportation in and to the Bridge to the Au- employee covered by the agreement; (a) IN GENERAL.—The Authority shall be gov- thority. Except as provided in paragraph (2), (5) to— erned in accordance with this section and with upon conveyance by the Secretary, the Author- (A) acquire personal and real property (in- the terms of any interstate agreement or com- ity shall accept the right, title, and interest in cluding land lying under water and riparian pact relating to the Authority that is consistent and to the Bridge, and all duties and respon- rights), or any easement or other interest in real with this title. sibilities associated with the Bridge. property, by purchase, lease, gift, transfer, or (b) BOARD.—The Authority shall be governed (2) INTERIM RESPONSIBILITIES.—Until such exchange; and by a board of directors consisting of 12 members time as a new crossing of the Potomac River de- (B) exercise such powers of eminent domain in appointed by the Capital Region jurisdictions scribed in section 208 is constructed and oper- the Capital Region jurisdictions as are conferred and 1 member appointed by the Secretary. ational, the conveyance under paragraph (1) on the Authority by the Capital Region jurisdic- (c) QUALIFICATIONS.—One member of the shall in no way— tions, in the exercise of the powers and the per- Board shall have an appropriate background in (A) relieve the Capital Region jurisdictions of formance of the duties of the Authority; finance, construction lending, or infrastructure the sole and exclusive responsibility to maintain (6) to apply for and accept any property, ma- policy. and operate the Bridge; or terial, service, payment, appropriation, grant, (B) relieve the Secretary of the responsibility (d) CHAIRPERSON.—The chairperson of the gift, loan, advance, or other fund that is trans- Board shall be elected biennially by the members to rehabilitate the Bridge or to comply with the ferred or made available to the Authority by the of the Board. National Environmental Policy Act of 1969 (42 Federal Government or by any other public or U.S.C. 4321 et seq.) and all other requirements (e) SECRETARY AND TREASURER.—The Board private entity or individual; may— applicable with respect to the Bridge. (7) to borrow money on a short-term basis and (b) CONVEYANCE BY THE SECRETARY OF THE IN- (1) biennially elect a secretary and a treas- issue notes of the Authority for the borrowing TERIOR.—At the same time as the conveyance of urer, or a secretary-treasurer, without regard to payable on such terms and conditions as the the Bridge by the Secretary under subsection whether the individual is a member of the Board considers advisable, and to issue bonds in (a), the Secretary of the Interior shall transfer Board; and the discretion of the Authority for any purpose to the Authority all right, title, and interest of (2) prescribe the powers and duties of the sec- consistent with this title, which notes and the Department of the Interior in and to such retary and treasurer, or the secretary-treasurer. bonds— land under or adjacent to the Bridge as is nec- (f) TERMS.— (A) shall not constitute a debt of the United essary to carry out section 208. Upon convey- (1) IN GENERAL.—Except as provided in para- States, a Capital Region jurisdiction, or any po- graph (2), a member of the Board shall serve for ance by the Secretary of the Interior, the Au- litical subdivision of the United States or a Cap- a 6-year term, and shall continue to serve until thority shall accept the right, title, and interest ital Region jurisdiction; the successor of the member has been appointed in and to the land. (B) may be secured solely by the general reve- (c) AGREEMENT.—The agreement referred to in in accordance with this subsection. nues of the Authority, or solely by the income subsection (a) is an agreement among the Sec- (2) INITIAL APPOINTMENTS.— and revenues of the Bridge or a new crossing of retary, the Governors of the Commonwealth of (A) BY CAPITAL REGION JURISDICTIONS.—Mem- the Potomac River described in section 208; and Virginia and the State of Maryland, and the bers initially appointed to the Board by a Cap- (C) shall be exempt as to principal and inter- Mayor of the District of Columbia as to the Fed- ital Region jurisdiction shall be appointed for est from all taxation (except estate and gift eral share of the cost of the activities carried out the following terms: taxes) by the United States; under section 208. (i) 1 member shall be appointed for a 6-year (8) to fix, revise, charge, and collect any rea- term. SEC. 208. CAPITAL IMPROVEMENTS AND CON- sonable toll or other charge; (ii) 1 member shall be appointed for a 4-year STRUCTION. (9) to enter into any contract or agreement The Authority shall take such action as is term. necessary or appropriate to the performance of necessary to address the need of the National (iii) 2 members shall each be appointed for a the duties of the Authority or the proper oper- Capital Region for an enhanced southern Cap- 2-year term. ation of the Bridge or a new crossing of the Po- ital Beltway crossing of the Potomac River that (B) BY SECRETARY.—The member of the Board tomac River described in section 208; appointed by the Secretary shall be appointed serves the traffic corridor of the Bridge (as in (10) to make any payment necessary to reim- for a 6-year term. existence on the date of enactment of this Act), burse a local political subdivision having juris- in accordance with the recommendations in the (3) FAILURE TO APPOINT.—The failure of a diction over an area where the Bridge or a new Capital Region jurisdiction to appoint 1 or more final environmental impact statement prepared crossing of the Potomac River is situated for any members of the Board, as provided in this sub- by the Secretary. The Authority shall have the extraordinary law enforcement cost incurred by section, shall not impair the establishment of sole responsibility for the ownership, construc- the subdivision in connection with the Author- the Authority if the condition of the establish- tion, operation, and maintenance of a new ity facility; ment described in section 205(b)(1) has been met. crossing of the Potomac River. (11) to enter into partnerships or grant conces- (4) VACANCIES.—Subject to paragraph (5), a SEC. 209. ADDITIONAL POWERS AND RESPON- sions between the public and private sectors for person appointed to fill a vacancy on the Board SIBILITIES OF AUTHORITY. the purpose of— shall serve for the unexpired term. In addition to the powers and responsibilities (A) financing, constructing, maintaining, im- of the Authority under the other provisions of (5) REAPPOINTMENTS.—A member of the Board proving, or operating the Bridge or a new cross- shall be eligible for reappointment for 1 addi- this title and under any interstate agreement or ing of the Potomac River described in section tional term. compact relating to the Authority that is con- 208; or sistent with this title, the Authority shall have (6) PERSONAL LIABILITY OF MEMBERS.—A mem- (B) fostering development of a new transpor- ber of the Board, including any nonvoting mem- all powers necessary and appropriate to carry tation technology; ber, shall not be personally liable for— out the duties of the Authority, including the (12) to obtain any necessary Federal author- (A) any action taken in the capacity of the power— ization, permit, or approval for the construction, (1) to adopt and amend any bylaw that is nec- member as a member of the Board; or repair, maintenance, or operation of the Bridge essary for the regulation of the affairs of the (B) any note, bond, or other financial obliga- or a new crossing of the Potomac River de- Authority and the conduct of the business of the tion of the Authority. scribed in section 208; Authority; (7) QUORUM.— (13) to adopt an official seal and alter the (2) to adopt and amend any regulation that is (A) IN GENERAL.—Subject to subparagraph seal, as the Board considers appropriate; necessary to carry out the powers of the Author- (B), for the purpose of carrying out the business (14) to appoint 1 or more advisory committees; ity; of the Authority, 7 members of the Board shall (3) subject to section 207(a)(2), to plan, estab- (15) to sue and be sued in the name of the Au- constitute a quorum. lish, finance, operate, develop, construct, en- thority; and (B) APPROVAL OF BOND ISSUES AND BUDGET.— large, maintain, equip, or protect the Bridge or (16) to carry out any activity necessary or ap- Eight affirmative votes of the members of the a new crossing of the Potomac River described propriate to the exercise of the powers or per- Board shall be required to approve bond issues in section 208; formance of the duties of the Authority under and the annual budget of the Authority. (4) to employ, in the discretion of the Author- this title and under any interstate agreement or (8) COMPENSATION.—A member of the Board ity, a consulting engineer, attorney, account- compact relating to the Authority that is con- shall serve without compensation and shall re- ant, construction or financial expert, super- sistent with this title, if the activity is coordi- side within a Capital Region jurisdiction. intendent, or manager, or such other employee nated and consistent with the transportation (9) EXPENSES.—A member of the Board shall or agent as is necessary, and to fix the com- planning process implemented by the metropoli- be entitled to reimbursement for the expenses of pensation and benefits of the employee or agent, tan planning organization for the Washington, the member incurred in attending a meeting of except that— District of Columbia, metropolitan area under the Board or while otherwise engaged in carry- (A) an employee of the Authority shall not en- section 134 of title 23, United States Code, and ing out the duties of the Board. gage in an activity described in section section 5303 of title 49, United States Code. SEC. 207. OWNERSHIP OF BRIDGE. 7116(b)(7) of title 5, United States Code, with re- SEC. 210. FUNDING. (a) CONVEYANCE BY SECRETARY.— spect to the Authority; and (a) SET-ASIDE.—Section 104 of title 23, United (1) IN GENERAL.—After the Capital Region ju- (B) an employment agreement entered into by States Code (as amended by section risdictions enter into the agreement described in the Authority shall contain an explicit prohibi- 125(b)(2)(A)), is further amended— S 8550 CONGRESSIONAL RECORD — SENATE June 16, 1995 (1) in the first sentence of subsection (b), by The Senate will have further oppor- By Mr. DODD (for himself and Mr. KEN- striking ‘‘subsection (f) of this section’’ and in- tunity to consider issues related to NEDY): serting ‘‘subsections (f) and (i)’’; Davis-Bacon on other pieces of legisla- S. 941. A bill to provide for the termination of the status of the College Construction (2) by redesignating subsection (i) as sub- tion, most notably S. 141, a bill re- section (j); and Loan Insurance Association (‘‘the Corpora- (3) by inserting before subsection (j) the fol- ported from the Labor and Human Re- tion’’) as a Government Sponsored Enter- lowing: sources Committee. prise, to require the Secretary of Education ‘‘(i) WOODROW WILSON MEMORIAL BRIDGE.— f to divest himself of the Corporation’s stock, Before making an apportionment of funds under and for other purposes; to the Committee on subsection (b), the Secretary shall set aside INTRODUCTION OF BILLS AND Labor and Human Resources. $17,550,000 for fiscal year 1996 and $80,050,000 JOINT RESOLUTIONS By Mr. BOND (for himself, Mr. DOMEN- for fiscal year 1997 for the rehabilitation of the ICI, Mr. WARNER, Mrs. HUTCHISON, Mr. Woodrow Wilson Memorial Bridge and for the The following bills and joint resolu- BURNS, Mr. FRIST, and Mr. planning, preliminary design, engineering, and tions were introduced, read the first COVERDELL): acquisition of a right-of-way for, and construc- and second time by unanimous con- S. 942. A bill to promote increased under- tion of, a new crossing of the Potomac River.’’. sent, and referred as indicated: standing of Federal regulations and increased voluntary compliance with such reg- (b) APPLICABILITY OF TITLE 23.—Funds made By Mr. SARBANES (for himself, Ms. ulations by small entities, to provide for the available under this section shall be available MIKULSKI, and Mr. ROBB): designation of regional ombudsmen and for obligation in the manner provided for funds S. 934. A bill to authorize the establish- oversight boards to monitor the enforcement apportioned under chapter 1 of title 23, United ment of a pilot program to provide environ- practices of certain Federal agencies with re- States Code, except that— mental assistance to non-Federal interests spect to small business concerns, to provide (1) the Federal share of the cost of any project in the Chesapeake Bay watershed, and for relief from excessive and arbitrary regu- funded under this section shall be 100 percent; other purposes; to the Committee on Envi- latory enforcement actions against small en- and ronment and Public Works. tities, and for other purposes; to the Com- (2) the funds made available under this sec- S. 935. A bill to amend the Food Security mittee on Small Business. tion shall remain available until expended. Act of 1985 to require the Secretary to estab- (c) STUDY.—Not later than May 31, 1997, the lish a program to promote the development f Secretary, in consultation with each of the Cap- of riparian forest buffers in conservation pri- ital Region jurisdictions, shall prepare and sub- ority areas, and for other purposes; to the STATEMENTS ON INTRODUCED mit to Congress a report identifying the nec- Committee on Agriculture, Nutrition, and BILLS AND JOINT RESOLUTIONS essary Federal share of the cost of the activities Forestry. By Mr. SARBANES (for himself, to be carried out under section 208. By Mr. SARBANES (for himself, Mr. (d) DISTRIBUTION OF OBLIGATION AUTHOR- Ms. MIKULSKI, and Mr. ROBB): WARNER, Ms. MIKULSKI, and Mr. ITY.—Section 1002(e)(3) of the Intermodal Sur- S. 934. A bill to authorize the estab- ROBB): face Transportation Efficiency Act of 1991 (Pub- lishment of a pilot program to provide S. 936. A bill to amend the Federal Water lic Law 102–240; 23 U.S.C. 104 note) is amended Pollution Control Act to assist in the res- environmental assistance to non-Fed- by inserting before the period at the end the fol- toration of the Chesapeake Bay, and for eral interests in the Chesapeake Bay lowing: ‘‘and the National Capital Region Inter- other purposes; to the Committee on Envi- watershed, and for other purposes; to state Transportation Authority Act of 1995’’. ronment and Public Works. the Committee on Environment and (e) REMOVAL OF ISTEA AUTHORIZATION FOR By Mr. SARBANES (for himself, Ms. Public Works. BRIDGE REHABILITATION.—Section 1069 of the MIKULSKI, and Mr. ROBB): Intermodal Surface Transportation Efficiency S. 935. A bill to amend the Food Se- S. 937. A bill to reauthorize the National Act of 1991 (Public Law 102–240; 105 Stat. 2009) curity Act of 1985 to require the Sec- Oceanic and Atmospheric Administration is amended by striking subsection (i). retary to establish a program to pro- Chesapeake Bay Estuarine Resources Office, mote the development of riparian for- SEC. 211. AVAILABILITY OF PRIOR AUTHORIZA- and for other purposes; to the Committee on TIONS. Commerce, Science, and Transportation. est buffers in conservation priority In addition to the funds made available under By Mr. SARBANES (for himself, Mr. areas, and for other purposes; to the section 210, any funds made available for the re- WARNER, Ms. MIKULSKI, and Mr. Committee on Agriculture, Nutrition, habilitation of the Bridge under sections 1069(i) ROBB): and Forestry. and 1103(b) of the Intermodal Surface Transpor- S. 938. A bill to provide for ballast water tation Efficiency Act of 1991 (Public Law 102– By Mr. SARBANES (for himself, management to prevent aquatic Mr. WARNER, Ms. MIKULSKI, and 240; 105 Stat. 2009 and 2028) (as in effect prior to nonindigenous species from being introduced the amendment made by section 210(e)) shall Mr. ROBB): and spread into the waters of the United S. 936. A bill to amend the Federal continue to be available after the conveyance of States, and for other purposes; to the Com- the Bridge to the Authority under section mittee on Commerce, Science, and Transpor- Water Pollution Control Act to assist 207(a), in accordance with the terms under tation. in the restoration of the Chesapeake which the funds were made available under the By Mr. SMITH (for himself and Mr. Bay, and for other purposes; to the Act. GRAMM): Committee on Environment and Public Mr. WARNER. Mr. President, I now S. 939. A bill to amend title 18, United Works. ask unanimous consent that the com- States Code, to ban partial-birth abortions; By Mr. SARBANES (for himself, mittee substitute be modified to delete read the first time. Ms. MIKULSKI, and Mr. ROBB): section 107 of the bill. That is the sec- By Mr. LEAHY (for himself, Mr. BRAD- S. 937. A bill to reauthorize the Na- tion which contains the amendment of LEY, Mr. GRAHAM, Mr. DASCHLE, Mr. tional Oceanic and Atmospheric Ad- SIMON, Mr. INOUYE, Mr. JEFFORDS, the Senator from Virginia, the Davis- ministration Chesapeake Bay Estua- Mr. REID, Mr. HATFIELD, Mr. FORD, Bacon amendment. Mr. HARKIN, Mr. SARBANES, Mr. rine Resources Office, and for other The PRESIDING OFFICER. Is there FEINGOLD, Mr. KOHL, Mr. LAUTEN- purposes; to the Committee on Com- objection? The Chair hears none, and it BERG, Mr. DODD, Mr. KERRY, Mrs. merce, Science, and Transportation. is so ordered. KASSEBAUM, Ms. MOSELEY-BRAUN, Mr. By Mr. SARBANES (for himself, Mr. WARNER. I further ask unani- BUMPERS, Mr. KENNEDY, Mrs. BOXER, Mr. WARNER, Ms. MIKULSKI, and mous consent that during the Senate’s Mr. PELL, Mr. CHAFEE, Mr. DORGAN, Mr. ROBB): consideration of S. 440 no Davis-Bacon Ms. MIKULSKI, Mr. WELLSTONE, Mr. S. 938. A bill to provide for ballast related amendments be in order. SIMPSON, Mrs. MURRAY, Mr. ROCKE- water management to prevent aquatic FELLER, Mr. BRYAN, Mr. MOYNIHAN, The PRESIDING OFFICER. Is there Mr. KERREY, Mrs. FEINSTEIN, Mr. nonindigenous species from being in- objection? The Chair hears none, and it AKAKA, Mr. CONRAD, Mr. JOHNSTON, troduced and spread into the waters of is so ordered. Mr. PRYOR, Mr. BREAUX, Mr. EXON, the United States, and for other pur- Mr. WARNER. Mr. President, I rec- and Mr. CAMPBELL): poses; to the Committee on Commerce, ommended this action after consulta- S. 940. A bill to support proposals to imple- Science, and Transportation. tion with the managers of the bill and ment the United States goal of eventually CHESAPEAKE BAY LEGISLATION the chairmen of the respective commit- eliminating antipersonnel landmines; to im- Mr. SARBANES. tees and the leadership of the Senate, pose a moratorium on use of antipersonnel Mr. President, today, I am introduc- landmines except in limited circumstances; because I am very anxious that consid- to provide for sanctions against foreign gov- ing, along with a number of my col- eration of the National Highway Sys- ernments that export antipersonnel land- leagues, a package of five bills directed tem bill be moved forward expedi- mines, and for other purposes; to the Com- to continuing and enhancing the ef- tiously. mittee on Foreign Relations. forts to clean up the Chesapeake Bay. June 16, 1995 CONGRESSIONAL RECORD — SENATE S 8551 Joining me in sponsoring elements of We now treat sewage before it enters sponsibilities of the Federal agencies this package are my distinguished col- our waters. We ban toxic chemicals with a stake in the future of the bay so league from Maryland, Senator MIKUL- that were killing the wildlife, we have as to address continuing trouble spots SKI, and my two distinguished Virginia initiated programs to reduce nonpoint in the watershed. colleagues, Senators WARNER and source pollution, and we have taken Difficulties identified by the Chesa- ROBB. aggressive steps to restore depleted peake Bay community include loss of Mr. President, the Chesapeake Bay is fisheries. wetlands and forests, soil erosion, the largest estuary in the United The States of Maryland, Virginia, toxics, nuisance species, and shellfish States and the key to the ecological and Pennsylvania deserve much of the disease. and economic health of the mid-Atlan- credit for undertaking many of the ac- Let me just outline briefly how these tic region. The bay, in fact, is one of tions that have put the bay and its wa- various measures seek to accomplish the world’s great natural resources. We tershed on the road to recovery. this. First among this package of five tend to take it for granted, since it is All three States have had major bills is legislation that carries forward right here at hand, so to speak, and I cleanup programs. They have made sig- and enhances the role of the Environ- know many Members of this body have nificant commitments in terms of re- mental Protection Agency as the lead enjoyed the Chesapeake Bay. The bay sources. It is an important priority Federal agency committed to cleaning provides thousands of jobs for the peo- item on the agendas of the bay States. up the bay. It establishes a mechanism ple in this region. It is a world-class Successive administrations—Governors for interagency coordination and co- fishery that produces a significant por- have been strongly committed, State operation in the Chesapeake Bay res- tion of the country’s fin fish and shell- legislatures, the public. There are a toration efforts. fish catch. It is a major commercial number of private organizations—the waterway and shipping center for the Chesapeake Bay Foundation, for exam- The proposal also calls on EPA to region and for much of the eastern ple—which do extraordinarily good initiate new programs to conduct wa- United States. And it is an unparal- work in this area. tershed-wide research, programs to re- leled recreational center for almost 10 But there has been an involvement of store essential habitat, and programs million people. the Federal Government as well in to reduce toxics in the watershed. The Chesapeake Bay also provides helping to bring about the recent suc- Another bill in this package directs vital habitat for living resources. Over cesses. It has been an essential and the Coast Guard to develop guidelines 2,700 plant and animal species live in critical involvement. for ships entering U.S. waters, to limit the bay. It provides a major resting Without the Federal Clean Water the opportunity for the introduction of area for migratory birds and waterfowl Act, the Federal ban on DDT, and potentially harmful nonindigenous spe- along the Atlantic flyway, including EPA’s watershed-wide coordination of cies through ballast water releases. many endangered and threatened spe- Chesapeake Bay restoration and clean- In other words, the bay is a ship ar- cies. up activities, we would not have been tery. It is a commercial waterway. The I could go on and on about this di- able to bring about the concerted ef- Port of Baltimore is one of our Na- mension of the bay, but most people fort, the real partnership, that is suction’s leading ports. Ships coming into are aware of it. Certainly, our Nation’s ceeding in improving the water quality the Chesapeake Bay often release bal- scientists are aware of it and have con- of the bay and is succeeding in bringing last water. The concern is that in the sistently regarded the protection and back many of the fish and wildlife spe- course of doing so they will release the enhancement of the quality of the cies that were on their way to simply into the bay species that are Chesapeake Bay as an extremely im- being a memory. nonindigenous to the bay. In other portant national objective. So there has been an important role words, species that had been taken on It is a treasured asset for those of us that has been played by the National elsewhere in the world and then would in Maryland—in fact, for all those who Government in serving as a catalyst to be released into the bay to its det- live around the bay in the other States, bring together the State and local ef- riment. our neighboring State of Virginia, and fort and the private sector effort. An In fact, this legislation builds on the the States to the north of us. Much of extraordinary partnership has been program undertaken in the Great the water that comes into the bay built that is much greater than the Lakes where nonindigenous species, comes from the Susquehanna River sum of its parts. such as the zebra mussel, are already which originates in New York State. There is a dynamic element that has causing millions of dollars in damage. The Chesapeake Bay is a defining ele- resulted, as a consequence, that has en- We want to avoid such a situation de- ment in Maryland history and a key to abled us to gain a significant momen- veloping in the Chesapeake Bay, and the quality of Maryland life through- tum in raising the quality of the this provision giving the Coast Guard a out our history. Chesapeake Bay to the benefit of ev- role to play with respect to the release When the bay began to experience se- eryone. of ballast water is important in that rious unprecedented declines in water The Chesapeake Bay is getting clean- regard. quality and living resources in recent er, but we cannot afford to be compla- decades, the people in my State suf- cent. There are tremendous stresses Third, the package of legislation con- fered as well. We lost thousands of jobs imposed upon the bay. This is a fast- tinues NOAA’s role as the Federal in the fishing industry. We lost much growing area of the country, with in- agency responsible for providing key of the wilderness that defined the wa- creased population. The commercial marine research in the Chesapeake tershed. stresses intensify. Bay. It directs NOAA to continue to We began to appreciate for the first So we need to address the continuing undertake research on and to develop time the profound impact that human needs of the bay restoration effort. The solutions for the diseases that have activity could have on the Chesapeake hard work, investment, and commit- ravaged oyster fisheries throughout Bay ecosystem. ment, at all levels, which has brought the United States and, in particular, in Untreated sewage, deforestation, gains over the last two decades, must the Chesapeake Bay. We have been toxic chemicals, farm runoff, and in- not be allowed to relax. very hard hit by these diseases that creased development resulted in a deg- The measures I am introducing today have virtually decimated the oyster in- radation of water quality and a de- are designed to build upon our National dustry. NOAA is the agency to carry struction of wildlife and its habitat. Government’s past role in the Chesa- forward this key marine research. Now, fortunately, over the last two peake Bay program, the highly success- Fourth, the package of legislation decades we have also come to under- ful Federal-State-local partnership to calls on the Army Corps of Engineers stand that humans can have a positive which I made reference, that so ably to provide assistance to State and local influence on the environment, and that coordinates and directs efforts to re- governments in the design and con- we can, if we choose, assist nature to store the bay. struction of water-related infrastruc- repair much of the damage which has The proposed legislation reauthorizes ture, and to assist in developing re- been done. the bay program and expands the resource protection projects. S 8552 CONGRESSIONAL RECORD — SENATE June 16, 1995 Let me just give an example of the (1) IN GENERAL.—The Secretary of the (C) the Secretary of the Interior, acting projects I am talking about. The bene- Army (referred to in this section as the through the Director of the United States ficial use of dredge material which of- ‘‘Secretary’’) shall establish a pilot program Fish and Wildlife Service; and fers a win-win situation. We have to to provide environmental assistance to non- (D) the heads of such other Federal agen- Federal interests in the Chesapeake Bay wa- cies and departments and agencies of a State dredge the bay channels for shipping tershed. or political subdivision of a State as the Sec- purposes. There is a problem with the (2) FORM.—The assistance shall be in the retary determines to be appropriate. disposal of the spoil from that dredg- form of design and construction assistance (f) DEMONSTRATION PROJECT.—The Sec- ing. We now realize that if we move it for water-related environmental infrastruc- retary shall establish at least 1 project under to eroding islands, we can rebuild the ture and resource protection and develop- this section in each of the States of Mary- islands. In other words, you have a dis- ment projects affecting the Chesapeake Bay land, Virginia, and Pennsylvania. A project estuary, including projects for sediment and established under this section shall be car- posal site so that you dispose of it in a ried out using such measures as are nec- way that is beneficial to the environ- erosion control, protection of eroding shore- lines, protection of essential public works, essary to protect environmental, historic, ment by renewing habitat. wastewater treatment and related facilities, and cultural resources. We also are interested in the corps water supply and related facilities, and bene- (g) REPORT.—Not later than December 31, addressing sediment and erosion con- ficial uses of dredged material, and other re- 1998, the Secretary shall transmit to Con- trol questions, the protection of erod- lated projects that may enhance the living gress a report on the results of the program ing shoreline, and the protection of es- resources of the estuary. carried out under this section, together with a recommendation concerning whether or (b) PUBLIC OWNERSHIP REQUIREMENT.—The sential public works such as waste not the program should be implemented on a Secretary may provide assistance for a water treatment and water supply fa- national basis. project under this section only if the project cilities. (h) AUTHORIZATION OF APPROPRIATIONS.— is publicly owned, and will be publicly oper- The final piece of legislation in this There are authorized to be appropriated to ated and maintained. carry out this section $30,000,000 for the pe- package directs the U.S. Department of (c) LOCAL COOPERATION AGREEMENT.— Agriculture, acting through the Natu- riod consisting of fiscal years 1996 through (1) IN GENERAL.—Before providing assist- 1998, to remain available until expended. ral Resources Conservation Service and ance under this section, the Secretary shall through the Forest Service, to encour- enter into a local cooperation agreement S. 935 age the planting of streamside forests with a non-Federal interest to provide for de- Be it enacted by the Senate and House of Rep- in the Chesapeake Bay watershed and sign and construction of the project to be resentatives of the United States of America in in other conservation priority areas. In carried out with the assistance. Congress assembled, other words, we encourage the planting (2) REQUIREMENTS.—Each local cooperation SECTION 1. SHORT TITLE. agreement entered into under this sub- of forest buffers, which then help to This Act may be cited as the ‘‘Riparian section shall provide for— Forest Pilot Program Establishment Act’’. limit the pollution of water resources (A) the development by the Secretary, in by reducing the entry of nonpoint pol- SEC. 2. RIPARIAN FOREST PILOT PROGRAM. consultation with appropriate Federal, Section 1231 of the Food Security Act of lutants into streams, and by stabilizing State, and local officials, of a facilities or re- 1985 (16 U.S.C. 3831) is amended— stream banks. source protection and development plan, in- (1) by redesignating subsection (g) as sub- It is a very important and worth- cluding appropriate engineering plans and section (h); and while program. By planting these buff- specifications and an estimate of expected (2) by inserting after subsection (f) the fol- er zones of trees we are able to sta- resource benefits; and lowing: (B) the establishment of such legal and in- bilize the stream bank, and also filter ‘‘(g) RIPARIAN FOREST PILOT PROGRAM.— stitutional structures as are necessary to en- ‘‘(1) IN GENERAL.—The Secretary shall es- out pollutants which otherwise would sure the effective long-term operation and tablish a program to promote the develop- go into the bodies of water. maintenance of the project by the non-Fed- ment of riparian forest buffers in conserva- Mr. President, it is the hope of the eral interest. tion priority areas designated under sub- cosponsors that most of these measures (d) COST SHARING.— section (f) by entering into contracts to as- will ultimately be incorporated into (1) FEDERAL SHARE.—Except as provided in sist owners and operators of lands described larger pieces of legislation that are due paragraph (2)(B), the Federal share of the in paragraph (2) to improve water quality to be reauthorized or considered this total project costs of each local cooperation and living resources in the conservation pri- agreement entered into under this section year. However, if such legislation is ority areas. shall be 75 percent. ‘‘(2) ELIGIBLE LANDS.—Notwithstanding not considered or should become (2) NON-FEDERAL SHARE.— subsection (b), the Secretary may include in stalled in the legislative process—the (A) VALUE OF LANDS, EASEMENTS, RIGHTS- the program established under this sub- larger legislation covers a whole range OF-WAY, AND RELOCATIONS.—In determining section any cropland or pasture land that, of issues—it is our intention to try to the non-Federal contribution toward carry- when converted to a riparian forest buffer move forward with this legislation sep- ing out a local cooperation agreement en- consisting of trees, shrubs, or other vegeta- arately. tered into under this section, the Secretary tion, will— The Chesapeake Bay cleanup effort shall provide credit to a non-Federal interest ‘‘(A)(i) intercept surface runoff, for the value of lands, easements, rights-of- has been a major bipartisan undertak- wastewater, and subsurface flows from up- way, and relocations provided by the non- land sources for the purpose of removing or ing in this body. It has consistently, Federal interest, except that the amount of buffering the effects of associated nutrients, over the years, been strongly supported credit provided for a project under this para- sediment, organic matter, pesticides, or by virtually all Members of the Senate. graph may not exceed 25 percent of total other pollutants, prior to entry into surface I strongly urge my colleagues to join project costs. waters or ground water recharge areas; or with us in supporting this legislation (B) OPERATION AND MAINTENANCE COSTS.— ‘‘(ii) accomplish specific objectives for ter- and contributing to the improvement The non-Federal share of the costs of oper- restrial or aquatic habitat identified by the and the enhancement of one of our Na- ation and maintenance of a project carried Secretary; and out under an agreement under this section tion’s most valuable and treasured nat- ‘‘(B) meet specifications for size, vegeta- shall be 100 percent. tion, and tree species established by the Nat- ural resources. (e) APPLICABILITY OF OTHER FEDERAL AND ural Resources Conservation Service and the Mr. President, I ask unanimous con- STATE LAWS AND AGREEMENTS.— Forest Service, in cooperation with appro- sent that the text of these bills and a (1) IN GENERAL.—Nothing in this section priate State agencies. section-by-section analysis of the bills waives, limits, or otherwise affects the appli- ‘‘(3) DURATION, MODIFICATION, AND EXTEN- be printed in the RECORD. cability of any provision of Federal or State SION OF CONTRACTS.—Notwithstanding sub- There being no objection, the mate- law that would otherwise apply to a project section (e), during calendar years 1996 rial was ordered to be printed in the carried out with assistance provided under through 2000, the Secretary may, in carrying this section. out the program established under this sub- RECORD, as follows: (2) COOPERATION.—In carrying out this sec- section— S. 934 tion, the Secretary shall cooperate fully ‘‘(A) enter into contracts of not more than Be it enacted by the Senate and House of Rep- with the heads of appropriate Federal agen- 20 years; resentatives of the United States of America in cies, including— ‘‘(B) with the consent of the owner or oper- Congress assembled, (A) the Administrator of the Environ- ator, modify a contract entered into under SECTION 1. CHESAPEAKE BAY ENVIRONMENTAL mental Protection Agency; this subchapter prior to the date of enact- RESTORATION AND PROTECTION (B) the Secretary of Commerce, acting ment of this paragraph to include land that PROGRAM. through the Administrator of the National meets the eligibility criteria of paragraph (a) ESTABLISHMENT.— Oceanic and Atmospheric Administration; (2); and June 16, 1995 CONGRESSIONAL RECORD — SENATE S 8553

‘‘(C) extend a contract entered into or ‘‘CHESAPEAKE BAY and programs of Federal agencies in support modified under this subchapter with respect ‘‘SEC. 117. (a) DEFINITIONS.—In this section: of the restoration of the Chesapeake Bay; to land that meets the eligibility criteria of ‘‘(1) CHESAPEAKE BAY AGREEMENT.—The ‘‘(ii) ensure the integration of Federal ac- paragraph (2) for a period of not more than 20 term ‘Chesapeake Bay Agreement’ means the tivities relating to the restoration of the years. formal, voluntary agreements executed to Chesapeake Bay with State and local res- ‘‘(4) PRIORITY FOR ENROLLMENT OF ELIGIBLE achieve the goal of restoring and protecting toration activities, and the restoration ac- LANDS.—In enrolling lands under the pro- the Chesapeake Bay ecosystem and the liv- tivities of nongovernmental entities; and gram established under this subchapter, the ing resources of the ecosystem and signed by ‘‘(iii) provide a framework for activities Secretary shall— the Governor of the State of Maryland, the that effectively focus the expertise and re- ‘‘(A) give priority to land that meets the Governor of the Commonwealth of Penn- sources of Federal agencies on problems eligibility criteria of paragraph (2); and sylvania, the Governor of the Common- identified by the Committee in such manner ‘‘(B) to the extent practicable, ensure that wealth of Virginia, the Mayor of the District as to produce demonstrable environmental at least 20 percent of enrolled lands in con- of Columbia, the chairman of the tri-State results and demonstrable improvements in servation priority areas designated under Chesapeake Bay Commission, and the Ad- programs of Federal agencies. subsection (f) meets the eligibility criteria of ministrator, on behalf of the executive ‘‘(B) DUTIES OF THE COMMITTEE.—The Com- paragraph (2). branch of the Federal Government. mittee shall share information, set prior- ‘‘(5) TECHNICAL ASSISTANCE.—Through the ‘‘(2) CHESAPEAKE BAY PROGRAM.—The term ities, and develop and implement plans, pro- Natural Resources Conservation Service and ‘Chesapeake Bay Program’ means the programs, and projects for collaborative activi- the Forest Service, in cooperation with gram directed by the Chesapeake Executive ties to carry out the following duties: States that contain conservation priority Council in accordance with the Chesapeake ‘‘(i) Reviewing all Federal research, mon- areas designated under subsection (f), the Bay Agreement. itoring, regulatory, planning, educational, Secretary shall provide technical assistance ‘‘(3) CHESAPEAKE BAY WATERSHED.—The financial, and technical assistance, and other for the design, establishment, and mainte- term ‘Chesapeake Bay watershed’ shall have programs that the Committee determines to nance of riparian forest buffers. the meaning determined by the Adminis- be appropriate, that relate to the mainte- ‘‘(6) COST-SHARE ASSISTANCE.—Notwith- trator. nance, restoration, preservation, or enhance- standing any other provision of this title, ‘‘(4) CHESAPEAKE EXECUTIVE COUNCIL.—The ment of the environmental quality and natu- the Secretary may pay not more than 100 term ‘Chesapeake Executive Council’ means percent of the cost of the design, establish- ral resources of the Chesapeake Bay. the signatories to the Chesapeake Bay ‘‘(ii) Reviewing each Federal program ad- ment, and short-term maintenance of ripar- Agreement. ministered by the head of each participating ian forest buffers consisting of trees, shrubs, ‘‘(5) SIGNATORY JURISDICTION.—The term Federal agency that may influence or con- or other vegetation under the program estab- ‘signatory jurisdiction’ means a jurisdiction tribute to point and nonpoint source pollu- lished under this subchapter. of a signatory to the Chesapeake Bay Agree- tion and establishing a means for the mitiga- ‘‘(7) SELECTIVE HARVEST.—Notwithstanding ment. tion of any potential impacts of the pollu- any other provision of this title, an owner or ‘‘(b) CONTINUATION OF CHESAPEAKE BAY tion. operator participating in the program estab- PROGRAM.— ‘‘(iii) Developing and implementing an an- lished under this subsection, with the prior ‘‘(1) IN GENERAL.—In cooperation with the approval of the Secretary, may selectively Chesapeake Executive Council (and as a nual and long-range work program that harvest mature timber if the harvest would member of the Council), the Administrator specifies the responsibilities of each Federal not prevent accomplishment of the objec- shall continue the Chesapeake Bay Program. agency in meeting commitments and goals tives of this subchapter.’’. ‘‘(2) PROGRAM OFFICE.—The Administrator of the Chesapeake Bay Agreement. shall maintain in the Environmental Protec- ‘‘(iv) Assessing priority needs and making S. 936 tion Agency a Chesapeake Bay Program Of- recommendations to the Chesapeake Execu- Be it enacted by the Senate and House of Rep- fice. The Chesapeake Bay Program Office tive Council for improved environmental and resentatives of the United States of America in shall provide support to the Chesapeake Ex- living resources management of the Chesa- Congress assembled, ecutive Council by— peake Bay ecosystem. SECTION 1. SHORT TITLE. ‘‘(A) implementing and coordinating ‘‘(C) APPOINTMENT OF MEMBERS.—The mem- This Act may be cited as the ‘‘Chesapeake science, research, modeling, support serv- bers of the Committee shall be appointed as Bay Restoration Act of 1995’’. ices, monitoring, and data collection activi- follows: SEC. 2. FINDINGS AND PURPOSES. ties that support the Chesapeake Bay Pro- ‘‘(i) At least 1 member who is an employee (a) FINDINGS.—Congress finds that— gram; of the Environmental Protection Agency (1) the Chesapeake Bay is a national treas- ‘‘(B) making available, through publica- shall be appointed by the Administrator. ure and a resource of worldwide significance; tions, technical assistance, and other appro- ‘‘(ii) At least 1 member who is an employee (2) in recent years, the productivity and priate means, information pertaining to the of the National Oceanic and Atmospheric Ad- water quality of the Chesapeake Bay and the environmental quality and living resources ministration of the Department of Com- tributaries of the Bay have been diminished of the Chesapeake Bay Program; merce shall be appointed by the Secretary of by pollution, excessive sedimentation, shore- ‘‘(C) in cooperation with appropriate Fed- Commerce. line erosion, the impacts of growth and de- eral, State, and local authorities, assisting ‘‘(iii) At least 3 members shall be ap- velopment of population in the Chesapeake the signatories to the Chesapeake Bay pointed by the Secretary of the Interior, of Bay watershed, and other factors; Agreement that participate in the Chesa- whom— (3) the Federal Government, State govern- peake Bay Program in developing and imple- ‘‘(I) 1 member shall be an employee of the ments, the District of Columbia and the gov- menting specific action plans to carry out United States Fish and Wildlife Service; ernments of political subdivisions of the the responsibilities of the authorities under ‘‘(II) 1 member shall be an employee of the States with jurisdiction over the Chesapeake the Chesapeake Bay Agreement; National Park Service; and Bay watershed have committed to a com- ‘‘(D) assisting the Administrator in coordi- ‘‘(III) 1 member shall be an employee of the prehensive and cooperative program to nating the actions of the Environmental United States Geological Survey. achieve improved water quality and im- Protection Agency with the actions of the ‘‘(iv) At least 4 members shall be appointed provements in the productivity of living re- appropriate officials of other Federal agen- by the Secretary of Agriculture, of whom— sources of the Bay; cies and State and local authorities in devel- ‘‘(I) 1 member shall be an employee of the (4) the cooperative program described in oping strategies to— Natural Resources Conservation Service; paragraph (3) serves as a national model for ‘‘(i) improve the water quality and living ‘‘(II) 1 member shall be an employee of the the management of estuaries; and resources of the Chesapeake Bay; and Forest Service; (5) there is a need to expand Federal sup- ‘‘(ii) obtain the support of the appropriate ‘‘(III) 1 member shall be an employee of the port for research, monitoring, management, officials of the agencies and authorities in Consolidated Farm Service Agency; and and restoration activities in the Chesapeake achieving the objectives of the Chesapeake ‘‘(IV) 1 member shall be an employee of the Bay and the tributaries of the Bay in order Bay Agreement; and Cooperative State Research, Education, and to meet and further the goals and commit- ‘‘(E) implementing outreach programs for Extension Service. ments of the Chesapeake Bay Program. public information, education, and participa- ‘‘(v) At least 3 members shall be appointed (b) PURPOSES.—The purposes of this Act tion to foster stewardship of the resources of by the Secretary of Defense, of whom— are to— the Chesapeake Bay. ‘‘(I) at least 2 members shall be employees (1) expand and strengthen the cooperative ‘‘(3) INTERAGENCY COOPERATION AND COORDI- of the Department of the Army, of whom 1 efforts to restore and protect the Chesapeake NATION.— member shall be an employee of the Army Bay; and ‘‘(A) IN GENERAL.—There is established a Corps of Engineers; and (2) achieve the goals embodied in the Chesapeake Bay Federal Agencies Commit- ‘‘(II) 1 member shall be an employee of the Chesapeake Bay Agreement. tee (referred to in this paragraph as the Department of the Navy. SEC. 3. CHESAPEAKE BAY. ‘Committee’). The purposes of the Commit- ‘‘(vi) At least 1 member who is an em- Section 117 of the Federal Water Pollution tee shall be to— ployee of the Federal Highway Administra- Control Act (33 U.S.C. 1267) is amended to ‘‘(i) facilitate collaboration, cooperation, tion shall be appointed by the Secretary of read as follows: and coordination among Federal agencies Transportation. S 8554 CONGRESSIONAL RECORD — SENATE June 16, 1995

‘‘(vii) At least 1 member who is an em- ‘‘(4) ADMINISTRATIVE COSTS.—Administra- sultation with the Chesapeake Executive ployee of the Coast Guard shall be appointed tive costs in the form of salaries, overhead, Council, shall— by the head of the department in which the or indirect costs for services provided and ‘‘(A) identify opportunities for the restora- Coast Guard is operating. charged against programs or projects sup- tion of major habitat resources in the Chesa- ‘‘(viii) At least 1 member shall be ap- ported by funds made available under this peake Bay watershed; pointed by the Secretary of Housing and subsection shall not exceed in any 1 fiscal ‘‘(B) characterize the importance of the Urban Development. year an amount equal to 10 percent of the habitat resources identified pursuant to sub- ‘‘(ix) At least 1 member shall be appointed annual Federal grant made to a State under paragraph (A) to the health and functioning by Board of Regents of the Smithsonian In- this subsection. of the Chesapeake Bay ecosystem; stitution. ‘‘(e) COMPLIANCE BY FEDERAL FACILITIES.— ‘‘(C) conduct a prerestoration characteriza- ‘‘(D) CHAIRPERSON.—The Committee shall, ‘‘(1) ASSESSMENT.—Not later than 1 year tion assessment of each habitat resource at the initial meeting of the Committee, and after the date of enactment of this sub- identified pursuant to subparagraph (A) to biennially thereafter, select a Chairperson section, and annually thereafter, the head of evaluate with respect to the habitat re- from among the members of the Committee. each Federal agency that owns or operates a source— ‘‘(E) PROCEDURES.—The Committee may facility (as defined by the Administrator) ‘‘(i) the potential effectiveness of a res- establish such rules and procedures (includ- within the Chesapeake Bay watershed shall toration effort; ing rules and procedures relating to the in- perform an assessment of the facility for the ‘‘(ii) enhancement options; and ternal structure and function of the Commit- purpose of ensuring consistency and compli- ‘‘(iii) the cost-effectiveness of each effort tee) as the Committee determines to be nec- ance with the commitments, goals, and ob- or option referred to in clauses (i) and (ii); essary to best fulfill the responsibilities of jectives of the Chesapeake Bay Program and ‘‘(D) consider the degree to which restored the Committee. the enforceable requirements of this Act. and enhanced habitats may— ‘‘(F) MEETINGS.—The initial meeting of the ‘‘(i) mitigate the effects of nutrient load- ‘‘(2) CONTENTS OF ASSESSMENTS.—The as- Committee shall be not later than 60 days sessment referred to in paragraph (1) shall ing caused by nonpoint source pollution from after the date of enactment of this subpara- identify any then existing or potential im- developed areas and agricultural activities; graph. Subsequent meetings shall be held on pact on the water quality or living resources ‘‘(ii) reduce erosion and mitigate flood a regular basis at the call of the Chairperson. of the Chesapeake Bay (or both) by the facil- damage; and ‘‘(c) REPORTS.—The Committee shall pre- ‘‘(iii) assist in the protection or recovery of ity, including any potential land-use impacts pare and submit to the President a report to living resources; of activities related to new development, be submitted to Congress that identifies— ‘‘(E) ensure coordination with all then ex- man-made obstructions to fish passage, ‘‘(1) the activities that have been carried isting management, regulatory, and incen- shoreline erosion, and ground water and out or are being undertaken to carry out the tive programs; storm water runoff. responsibilities of the Federal agency under ‘‘(F) implement habitat restoration ‘‘(3) STATE PLANS AND PROGRAMS.—To the this section or that are otherwise required projects on a demonstration basis, including maximum extent practicable, the head of under the Chesapeake Bay Program; submerged aquatic vegetation plantings, each Federal agency that owns or occupies ‘‘(2) planned activities to carry out the re- breakwaters, forest buffer strips, and artifi- real property in the Chesapeake Bay water- sponsibilities referred to in paragraph (1); cial wetlands; and shed shall ensure conformance with any ap- ‘‘(G) monitor and evaluate the effective- ‘‘(3) the resources provided by the Federal plicable State plan or program to protect en- ness of the demonstration projects; agency to meet the responsibilities of the vironmentally sensitive areas in the Chesa- ‘‘(H) establish and maintain a central agency under this section and under the peake Bay watershed. clearinghouse to facilitate access to infor- Chesapeake Bay Program. ‘‘(4) REPORT REQUIREMENTS.—As part of mation related to habitat of the Chesapeake ‘‘(d) INTERSTATE DEVELOPMENT PLAN each report required under subsection (c)(3), Bay watershed, including information relat- GRANTS.— the head of each Federal agency shall in- ing to habitat location, type, acreage, func- ‘‘(1) AUTHORITY.—The Administrator shall, clude a detailed plan, funding mechanism, tion, condition and status, and restoration at the request of the Governor of a State af- and schedule for ensuring compliance with and design techniques and trends related to fected by the interstate management plan this Act and addressing or mitigating the the information; and developed pursuant to the Chesapeake Bay impacts referred to in paragraph (2). ‘‘(I) develop and carry out educational pro- Program (referred to in this subsection as ‘‘(f) HABITAT RESTORATION AND ENHANCE- grams (including training programs), re- the ‘plan’), make a grant for the purpose of MENT DEMONSTRATION PROGRAM.— search programs, and programs for technical implementing the management mechanisms ‘‘(1) ESTABLISHMENT OF PROGRAM.—The Ad- assistance to assist in the efforts of State contained in the plan if the State has, within ministrator, in cooperation with the heads of and local governments and private citizens 1 year after the date of enactment of the other appropriate Federal agencies, agencies related to habitat restoration and enhance- Chesapeake Bay Restoration Act of 1995, ap- of States, and political subdivisions of ment. proved and committed to implement all or States, shall establish a habitat restoration ‘‘(5) ASSISTANCE.— substantially all aspects of the plan. The program in the Chesapeake Bay watershed. ‘‘(A) IN GENERAL.—In carrying out the dem- grants shall be made subject to such terms The purpose of the program shall be to de- onstration program under this subsection, and conditions as the Administrator consid- velop and demonstrate cost-effective tech- the Administrator is authorized to provide, ers appropriate. niques for restoring or enhancing wetlands, in cooperation with the Chesapeake Execu- ‘‘(2) SUBMISSION OF PROPOSAL.—A State or forest riparian zones, and other types of tive Council, technical assistance and finan- combination of States may apply for the habitat associated with the Chesapeake Bay cial assistance in the form of a grant to any benefits provided under this subsection by and the tributaries of the Chesapeake Bay. State government, interstate entity, local submitting to the Administrator a com- ‘‘(2) CRITERIA FOR IDENTIFICATION OF AREAS government, or any other public or nonprofit prehensive proposal to implement manage- FOR HABITAT RESTORATION.—Not later than 1 private agency that submits an approved ap- ment mechanisms contained in the plan, year after the date of enactment of this sub- plication. which shall include— section, the Administrator, in consultation ‘‘(B) FEDERAL SHARE OF GRANTS.—The Fed- ‘‘(A) a description of proposed abatement with the Chesapeake Executive Council, eral share of the amount of any grant award- actions that the State or combination of shall develop criteria to identify areas for ed under this subsection shall be— States commits to take within a specified habitat restoration, including— ‘‘(i) with respect to a project conducted by time period to reduce pollution in the Chesa- ‘‘(A) unique, significant, or representative the grant recipient on land owned or leased peake Bay and to meet applicable water habitat types; by the Federal Government, 100 percent of quality standards; and ‘‘(B) areas that are subject to, or threat- the cost of the activities that are the subject ‘‘(B) the estimated cost of the abatement ened by, habitat loss or habitat degradation of the grant; and actions proposed to be taken during the next (or both) attributable to human or natural ‘‘(ii) with respect to a project conducted by fiscal year. causes; and the grant recipient on land that is not owned If the Administrator finds that the proposal ‘‘(C) areas inhabited by endangered, threat- or leased by the Federal Government, 75 per- is consistent with the plan and the national ened, or rare species, neotropical migratory cent of the cost of the activities that are the policies set forth in section 101(a), the Ad- birds, or species that have a unique function subject of the grant. ministrator shall approve the proposal. within the Chesapeake Bay ecosystem. ‘‘(C) FEDERAL SHARE OF PROJECTS.—The ‘‘(3) FEDERAL SHARE.—For any fiscal year, ‘‘(3) PLAN.—Not later than 2 years after the Federal share of any project conducted by the amount of grants made under this sub- date of enactment of this subsection, the Ad- the Administrator under this subsection section shall not exceed 50 percent of the ministrator, in consultation with the Chesa- shall be— costs of implementing the management peake Executive Council, shall develop a ‘‘(i) with respect to a project conducted on mechanisms contained in the plan during the plan for the restoration of wetlands, contig- land owned or leased by the Federal Govern- fiscal year and shall be made on the condi- uous riparian forests, and other habitats ment, 100 percent of the cost of the activities tion that non-Federal sources provide the re- within the Chesapeake Bay watershed. that are the subject of the project; and mainder of the cost of implementing the ‘‘(4) DUTIES OF THE ADMINISTRATOR.—In car- ‘‘(ii) with respect to a project conducted on management mechanisms contained in the rying out the demonstration program under land that is not owned or leased by the Fed- plan during the fiscal year. this subsection, the Administrator, in con- eral Government, 75 percent of the cost of June 16, 1995 CONGRESSIONAL RECORD — SENATE S 8555

the activities that are the subject of the ‘‘(6) ACTIONS.—The toxics reduction, pollu- institution, or organization in the Chesa- project. tion prevention, and management actions re- peake Bay watershed to— ‘‘(6) HABITAT PROTECTION AND RESTORATION ferred to in paragraph (5)(B) shall— ‘‘(i) support the research, monitoring, and PROGRESS ASSESSMENT.—Not later than 3 ‘‘(A) be based upon the findings and rec- data collection program under this sub- years after the date of enactment of this sub- ommendations of a reevaluation of the section; section, and biennially thereafter, the Ad- Strategy; and ‘‘(ii) develop and implement cooperative ministrator shall submit a report to Con- ‘‘(B) include targeted demonstration tributary basin strategies that address the gress concerning the results of the dem- projects designed to reduce the level of toxic water quality and living resource needs; and onstration projects conducted under the pollutant loadings from major sources iden- ‘‘(iii) encourage and coordinate locally habitat restoration demonstration program tified in the Chesapeake Bay Program Toxics based public and private watershed protec- described in paragraph (1). The report shall Loading Inventory. tion and restoration efforts that aid in the also include a summary of scientific infor- ‘‘(h) CHESAPEAKE BAY WATERSHED, TRIBU- development and implementation of pro- mation concerning habitat restoration and TARY, AND RIVER BASIN PROGRAM.— grams that complement the tributary basin protection in existence at the time of prepa- ‘‘(1) IN GENERAL.—Not later than 180 days strategies developed by the Chesapeake Ex- ration of the report, and a description of after the date of enactment of this sub- ecutive Council. section, the Administrator, in cooperation methods, procedures, and processes to assist ‘‘(B) GRANTS.— with the Chesapeake Executive Council, the State and local governments and other inter- ‘‘(i) IN GENERAL.—In providing financial as- Secretary of Commerce (acting through the ested entities in carrying out projects for the sistance pursuant to subparagraph (A), the Administrator of the National Oceanic and protection and restoration of habitat that Administrator may carry out a grant pro- Atmospheric Administration), the Secretary the Administrator determines to be appro- of the Interior (acting through the Director gram. Under the grant program, the Admin- priate. of the United States Fish and Wildlife Serv- istrator may award a grant to any person (including the government of a State) who ‘‘(g) BASINWIDE TOXICS REDUCTION.— ice), and the heads of such other Federal submits an application that is approved by ‘‘(1) IN GENERAL.—The Administrator, in agencies as the Administrator determines to cooperation with the Chesapeake Executive be appropriate, shall implement a coordi- the Administrator. Council, shall develop a comprehensive nated research, monitoring, and data collec- ‘‘(ii) FEDERAL SHARE.—A grant awarded basinwide toxics reduction strategy (referred tion program to— under this subsection for a fiscal year shall to in this subsection as the ‘Strategy’). The ‘‘(A) assess the status of, and trends in, the not exceed an amount equal to 75 percent of Strategy shall, with respect to inputs of environmental quality and living resources the total annual cost of carrying out the ac- toxic pollutants to the Chesapeake Bay and of the major tributaries, rivers, and streams tivities that are the subject of the grant, and the tributaries of the Bay, establish within the Chesapeake Bay watershed; and be awarded on the condition that the non- basinwide reduction objectives and describe ‘‘(B) assist in the development of manage- Federal share of the costs of the activities actions that are necessary to achieve a ment plans for the waters referred to in sub- referred to in clause (i) is paid from non-Fed- multijurisdictional approach to the reduc- paragraph (A). eral sources. tion of the inputs. ‘‘(2) CONTENTS OF PROGRAM.—The program ‘‘(iii) WATERSHED PROTECTION AND RESTORA- TION.—As part of the grant program author- ‘‘(2) RESEARCH AND MONITORING.—The Ad- referred to in paragraph (1) shall include— ministrator shall undertake such research ‘‘(A) a comprehensive inventory of water ized under this paragraph, the Administrator and monitoring activities as the Adminis- quality and living resource data for waters may award a grant to a signatory jurisdic- trator determines to be necessary for the im- within the Chesapeake Bay watershed; tion to implement a program referred to in provement of the understanding of inter- ‘‘(B) an assessment of major issues and subparagraph (A)(iii). problems concerning water quality in the media transfers of toxic pollutants and the ‘‘(C) PRIORITIZATION.—In carrying out the Chesapeake Bay watershed, including the ex- ultimate fate of the pollutants within the technical and financial assistance program tent to which the waters provide for the pro- under this subsection, the Administrator Chesapeake Bay ecosystem. tection and propagation of a balanced indige- shall give priority to proposals that facili- ‘‘(3) ELEMENTS OF STRATEGY.—The Strat- nous population of fish, shellfish, and wild- tate the participation of local governments egy shall include a process to assist signa- life; and entities of the private sector in efforts tory jurisdictions with— ‘‘(C) a program to identify sources of water to improve water quality and the productiv- ‘‘(A) improving the identification of the pollution within the Chesapeake Bay water- ity of living resources of rivers and streams sources and transport mechanisms of toxic shed, including a system of accounting for in the Chesapeake Bay watershed. pollutant loadings to the Chesapeake Bay sources of nutrients, and the movement of ‘‘(D) COORDINATION WITH OTHER FEDERAL and the tributaries of the Bay from point nutrients, pollutants, and sediments through PROGRAMS.—The Administrator shall ensure and nonpoint sources; and the Chesapeake Bay watershed; and that assistance made available under this ‘‘(B) the periodic integration, in a consist- ‘‘(D) the development of a coordinated subsection— ent format and manner, of the information Chesapeake Bay watershed land-use database ‘‘(i) is consistent with the requirements of obtained pursuant to subparagraph (A) into a that incorporates resource inventories and other Federal financial assistance programs; toxics loading inventory for the Chesapeake analyses for the evaluation of the effects of ‘‘(ii) is provided in coordination with the Bay. different land-use patterns on hydrological programs referred to in subparagraph (A); ‘‘(4) DEADLINE FOR COMPLETION OF STRAT- cycles, water quality, living resources, and and EGY.—The Strategy shall be completed not other environmental features as an aid to ‘‘(iii) furthers the objectives of the Chesa- later than 2 years after the date of enact- making sound land-use management deci- peake Bay Program. ment of this subsection. sions. ‘‘(i) STUDY OF CHESAPEAKE BAY PROGRAM.— ‘‘(5) FEDERAL ASSISTANCE.—The Adminis- ‘‘(3) MANAGEMENT STRATEGIES.—In a man- trator, in cooperation with the Chesapeake ner consistent with each applicable deadline Not later than January 1, 1997, the Adminis- Executive Council, shall provide such finan- established by the Chesapeake Executive trator, in cooperation with the Chesapeake cial and technical assistance as the Adminis- Council, the Administrator, in consultation Bay Executive Council, shall complete a trator determines to be necessary to— with the Chesapeake Executive Council, study and submit a comprehensive report to ‘‘(A) by not later than 1 year after the date shall assist each signatory jurisdiction of the Congress on the results of the study. The of enactment of this subsection, develop a Chesapeake Bay Council in the development study and report shall, at a minimum— process to assist signatory jurisdictions— and implementation of a management strat- ‘‘(1) evaluate the implementation of the ‘‘(i) with improving the identification of egy for each of the major tributaries of the Chesapeake Bay Agreement, including ac- the sources and transport mechanisms of Chesapeake Bay, designed for the achieve- tivities of the Federal Government and State toxic pollutant loadings to the Chesapeake ment of— and local governments; Bay and the tributaries of the Bay from ‘‘(A) a reduction, in a manner consistent ‘‘(2) determine whether Federal environ- point and nonpoint sources; and with the terms of the Chesapeake Bay Agree- mental programs and other activities ade- ‘‘(ii) with the periodic integration, in a ment, in the quantity of nitrogen and phos- quately address the priority needs identified consistent format and manner, of the infor- phorous entering the main stem Chesapeake in the Chesapeake Bay Agreement; mation obtained pursuant to clause (i) into a Bay; and ‘‘(3) assess the priority needs required by toxics loading inventory for the Chesapeake ‘‘(B) the water quality requirements nec- the Chesapeake Bay Program management Bay maintained pursuant to the Chesapeake essary to restore living resources in both the strategies and how the priorities are being Bay Program (referred to in this subsection tributaries and the main stem of the Chesa- met; and as the ‘Chesapeake Bay Program Toxics peake Bay. ‘‘(4) make recommendations for the improved management of the Chesapeake Bay Loading Inventory’); and ‘‘(4) ASSISTANCE.— Program. ‘‘(B) by not later than 2 years after the ‘‘(A) IN GENERAL.—The Administrator, in date of enactment of this subsection, com- consultation with the Chesapeake Executive ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— mence the implementation of toxics reduc- Council, is authorized to provide technical There are authorized to be appropriated to tion, pollution prevention, and management and financial assistance to any State govern- the Environmental Protection Agency to actions designed to achieve the toxics reduc- ment, interstate entity, local government, or carry out this section $30,000,000 for each of tion goals of the Chesapeake Bay Agreement. any other public or nonprofit private agency, fiscal years 1996 through 2001.’’. S 8556 CONGRESSIONAL RECORD — SENATE June 16, 1995

S. 937 (b) REFERENCES.—Whenever in this Act an (ii) by adding at the end the following: Be it enacted by the Senate and House of Rep- amendment or repeal is expressed in terms of ‘‘Subject to the requirements of this sub- resentatives of the United States of America in an amendment to or repeal of a section or section, the Secretary shall, on a periodic Congress assembled, other provision, the reference shall be con- basis, promulgate such revised regulations as SECTION 1. AUTHORIZATIONS OF APPROPRIA- sidered to be made to a section or other pro- are necessary to ensure the prevention of the TIONS. vision of the Nonindigenous Aquatic Nui- introduction and spread of aquatic nuisance Section 2 of the National Oceanic and At- sance Prevention and Control Act of 1990 (16 species into the Great Lakes.’’; mospheric Administration Marine Fisheries U.S.C. 4701 et seq.). (B) in paragraph (2)— Program Authorization Act (Public Law 98– SEC. 2. AMENDMENTS TO THE NONINDIGENOUS (i) by striking ‘‘(2) The regulations issued 210; 97 Stat. 1409) is amended— AQUATIC NUISANCE PREVENTION under this subsection shall—’’ and inserting AND CONTROL ACT OF 1990. (1) by striking subsection (e) and inserting the following: (a) AQUATIC NUISANCE SPECIES CONTROL the following new subsection: ‘‘(2) REQUIREMENTS FOR REGULATIONS.—The PROGRAM.—Section 1101 (16 U.S.C. 4711) is ‘‘(e) CHESAPEAKE BAY ESTUARINE RE- regulations promulgated under this sub- amended— SOURCES OFFICE.— section shall—’’; (1) by striking the heading and inserting ‘‘(1) OPERATION OF CHESAPEAKE BAY ESTUA- (ii) by indenting subparagraphs (A) the following new heading: RINE RESOURCES OFFICE.—Of the sums author- through (I) appropriately; and ized under subsection (a), to operate the ‘‘SEC. 1101. AQUATIC NUISANCE SPECIES CON- (iii) in subparagraph (A), by striking ‘‘re- TROL PROGRAM.’’; Chesapeake Bay Estuarine Resources Office quire’’ and inserting ‘‘cover’’; and (2) by striking subsection (a) and inserting established under section 307 of the National (C) in paragraph (6) (as redesignated by the following new subsection: Oceanic and Atmospheric Administration paragraph (6) of this subsection), by striking ‘‘(a) GUIDELINES.— ‘‘the guidelines and regulations’’ and insert- Authorization Act of 1992 (15 U.S.C. 1511d), ‘‘(1) IN GENERAL.—Not later than 2 years ing ‘‘the regulations promulgated under this there are authorized to be appropriated— after the date of enactment of the Ballast subsection’’; and ‘‘(A) $2,500,000 for each of fiscal years 1996 Water Management Act of 1995, the Sec- (9) by inserting after subsection (a) the fol- and 1997; and retary shall issue voluntary guidelines to lowing new subsections: ‘‘(B) $3,000,000 for each of fiscal years 1998 prevent the introduction and spread of ‘‘(b) EDUCATION AND TECHNICAL ASSIST- through 2000. aquatic nuisance species into the waters of ANCE.—At the same time as the Secretary is- ‘‘(2) FUNDING FOR OYSTER DISEASE INVES- the United States that result from the re- TIGATIONS.—Of the sums authorized under lease of ballast water. sues voluntary guidelines under subsection (a), the Secretary shall implement multi- subsection (a), to fund a program of inves- ‘‘(2) CONTENTS OF GUIDELINES.—The guide- tigations of oyster disease described in sub- lines issued under this subsection shall— lingual (as defined and determined by the section (f), there are authorized to be appro- ‘‘(A) ensure that, to the maximum extent Secretary) education and technical assist- priated $3,000,000 for each of fiscal years 1996 practicable, ballast water containing aquatic ance programs and other measures to en- through 2000. nuisance species is not discharged into the courage compliance with the guidelines is- ‘‘(3) ADMINISTRATIVE EXPENSES.—Not more waters of the United States; sued under this subsection. To the extent than 20 percent of the amounts authorized to ‘‘(B) take into consideration— practicable, in carrying out the programs be appropriated under this subsection may ‘‘(i) variations in the ecological conditions implemented under this subsection, the Sec- be used for administrative expenses of the of coastal waters of the United States; and retary shall arrange to use the expertise, fa- Chesapeake Bay Estuarine Resources Of- ‘‘(ii) different vessel operating conditions; cilities, members, or personnel of established fice.’’; and ‘‘(C) not jeopardize the safety of— agencies and organizations that have routine (2) by adding at the end the following new ‘‘(i) any vessel; or contact with vessels, including the Animal subsection: ‘‘(ii) the crew and passengers of any vessel; and Plant Health Inspection Service of the ‘‘(f) OYSTER DISEASE INVESTIGATIONS.—The ‘‘(D) provide for reporting by vessels con- Department of Agriculture, port administra- Chesapeake Bay Estuarine Resources Office cerning ballast water practices; and tions, and ship pilots associations. established under section 307 of the National ‘‘(E) be based on the best scientific infor- ‘‘(c) REPORT TO CONGRESS.—Not later than Oceanic and Atmospheric Administration mation available.’’; 3 years after the issuance of guidelines under Authorization Act of 1992 (15 U.S.C. 1511d) (3) in subsection (b)— subsection (a), the Secretary shall submit to shall conduct a program of investigations (A) by striking the paragraph (3) added by the Congress a report concerning— to— section 302(b)(1) of the Water Resources De- ‘‘(1) the effectiveness of the voluntary ‘‘(1) improve the understanding of the eti- velopment Act of 1992 (106 Stat. 4839); and guidelines; and ology of the diseases of the eastern oyster (B) in the paragraph (3) added by section ‘‘(2) the need for a mandatory program to (Crassostrea virginica); and 4002 of the Oceans Act of 1992 (106 Stat. prevent the spread of aquatic nuisance spe- ‘‘(2) provide new scientific and manage- 5068)— cies through the exchange of ballast water.’’. ment tools to counteract the consequences of (i) by striking ‘‘issue’’ and inserting ‘‘pro- (b) BALLAST WATER CONTROL STUDIES.— diseases of oysters in the coastal waters of mulgate’’; and (1) HEADING.—The heading of section 1102 the United States, with particular emphasis (ii) by adding at the end the following: (16 U.S.C. 4712) is amended to read as follows: on diseases of oysters in the Chesapeake ‘‘Subject to the requirements of this sub- ‘‘SEC. 1102. BALLAST WATER CONTROL STUDIES.’’. Bay.’’. section, the Secretary shall, on a periodic (2) ADDITIONAL STUDIES.—Section 1102(a) (16 SEC. 2. AUTHORITIES OF THE DIRECTOR OF THE basis, promulgate such revised regulations as U.S.C. 4712(a)) is amended by adding at the CHESAPEAKE BAY ESTUARINE RE- are necessary to ensure the prevention of the end the following new paragraphs: SOURCES OFFICE. introduction and spread of aquatic nuisance ‘‘(4) BALLAST RELEASE PRACTICES.— Section 307(a) of the National Oceanic and species into the Hudson River.’’; ‘‘(A) INITIAL STUDY.—Not later than the Atmospheric Administration Act of 1992 (15 (4) in subsection (c)— date of issuance of the guidelines required U.S.C. 1511d(a)) is amended— (A) by striking ‘‘subsection (b)’’ and insert- under section 1101(a), the Secretary shall (1) in paragraph (1), by inserting ‘‘and oper- ing ‘‘this subsection’’; and conduct a study to determine trends in bal- ate’’ after ‘‘establish’’; and (B) by striking ‘‘(c) CIVIL PENALTIES.—’’ last water releases in the Chesapeake Bay (2) by striking paragraph (3) and inserting and inserting the following: and other waters of the United States that the following new paragraph: ‘‘(4) CIVIL PENALTIES.—’’; the Secretary determines to— ‘‘(3) To carry out this section, the Director (5) in subsection (d)— ‘‘(i) be highly susceptible to invasion from may— (A) by striking ‘‘subsection (b)’’ and insert- aquatic nuisance species; and ‘‘(A) appoint such additional personnel as ing ‘‘this subsection’’; and ‘‘(ii) require further study. may be necessary; and (B) by striking ‘‘(d) CRIMINAL PENALTIES.— ‘‘(B) FOLLOWUP STUDY.—Not later than 2 ‘‘(B) transfer funds to another Federal de- ’’ and inserting the following: years after the date of issuance of the guide- partment or agency or provide financial as- ‘‘(5) CRIMINAL PENALTIES.—’’; lines required under section 1101(a), the Sec- sistance to a department or agency of a (6) in subsection (e), by striking ‘‘(e) CON- retary shall conduct a followup study of the State or political subdivision thereof or a SULTATION WITH CANADA.—’’ and inserting ballast water releases described in subpara- nonprofit organization for conducting re- the following: graph (A) to determine the extent of compli- search, assessment, monitoring, data man- ‘‘(6) CONSULTATION WITH CANADA.—’’; ance with the guidelines and the effective- agement, or outreach activities.’’. (7) in subsection (b), by striking ‘‘(b) AU- ness of the guidelines in reducing the intro- THORITY OF SECRETARY.—(1)’’ and inserting duction and spread of aquatic nuisance spe- S. 938 the following: cies. Be it enacted by the Senate and House of Rep- ‘‘(d) GREAT LAKES.— ‘‘(5) AQUATIC NUISANCE INVASIONS.— resentatives of the United States of America in ‘‘(1) IN GENERAL.—’’; ‘‘(A) INITIAL STUDY.—Not later than the Congress assembled, (8) in subsection (d) (as redesignated by date of issuance of the guidelines required SECTION 1. SHORT TITLE; REFERENCES. paragraph (7) of this subsection)— under section 1101(a), the Task Force shall (a) SHORT TITLE.—This Act may be cited as (A) in paragraph (1)— conduct a study to examine the attributes the ‘‘Chesapeake Bay Ballast Water Manage- (i) by striking ‘‘issue’’ and inserting ‘‘pro- and patterns of invasions of aquatic nuisance ment Act of 1995’’. mulgate’’; and species that occur as a result of ballast June 16, 1995 CONGRESSIONAL RECORD — SENATE S 8557 water releases in the Chesapeake Bay and improve the water quality and living re- ents, and the movements of nutrients, pol- other waters of the United States that the sources of the Bay. lutants and sediments through the water- Task Force determines to— Establishes a ‘‘Chesapeake Bay Federal shed. ‘‘(i) be highly susceptible to invasion from Agencies Committee’’ to facilitate collabora- Provides for development of a coordinated aquatic nuisance species; and tion, cooperation and coordination among Chesapeake Bay watershed land-use ‘‘(ii) require further study. the agencies and programs of the federal gov- database, incorporating resource inventories ‘‘(B) FOLLOWUP STUDY.—Not later than 2 ernment in support of the restoration of and analyses, to provide information nec- years after the date of issuance of the guide- Chesapeake Bay. essary to plan for and manage growth and lines required under section 1101(a), the Task Directs the committee to provide to the development and associated impacts on the Force shall conduct a followup study of the Congress a report on the activities being un- Bay system. attributes and patterns described in subpara- dertaken and planned and the resources Encourages local and private sector par- graph (A) to determine the effectiveness of being provided to assist in the Bay restora- ticipation in efforts to protect and restore the guidelines in reducing the introduction tion effort. the rivers and streams in the Bay watershed and spread of aquatic nuisance species.’’. Interstate development plan grants by establishing a technical assistance and small grants program. (c) NAVAL BALLAST WATER PROGRAM.—Sub- Directs the Administrator to continue to title B (16 U.S.C. 4701 et seq.) is amended by make grants to states affected by the inter- Study of Chesapeake Bay Protection Program adding at the end the following new section: state management plan developed under the Directs EPA to undertake an assessment of ‘‘SEC. 1103. NAVAL BALLAST WATER PROGRAM. Chesapeake Bay Program if the state has ap- the Chesapeake Bay Program and evaluate ‘‘Subject to operational conditions, the proved and committed to implement the implementation of the Bay Agreement. Also Chief of Naval Operations of the Department plan. directs EPA to assess priority needs for the of the Navy, in consultation with the Sec- Federal facilities compliance Bay and make recommendations for im- retary, the Task Force, and the Inter- proved management of the program. Requires each department, agency or in- national Maritime Organization, shall imple- Authorizations ment a ballast water management program strumentality of the United States which Authorizes $30 million for each of fiscal for the seagoing fleet of the Navy to limit owns or operates facilities within the Bay years 1996 through 2001 to be appropriated to the risk of invasion by nonindigenous species watershed to perform an annual assessment the EPA to carry out the act. resulting from releases of ballast water.’’. of their facilities to ensure consistency and (d) AUTHORIZATION OF APPROPRIATIONS.— compliance with the commitments, goals CHESAPEAKE BAY BALLAST WATER MANAGE- Section 1301(a) (16 U.S.C. 4741(a)) is amended and objectives of the Bay program. Also re- MENT ACT OF 1995—SECTION-BY-SECTION to read as follows: quires the agencies to develop a detailed ANALYSIS ‘‘(a) PREVENTION OF UNINTENTIONAL INTRO- plan, funding mechanism and schedule for DUCTIONS.—There are authorized to be appro- addressing or mitigating any potential im- SECTION 1. SHORT TITLE priated to develop and implement the provi- pacts. Establishes the title of the bill as the ‘‘Bal- sions of subtitle B— Habitat Restoration and Enhancement last Management Act of 1995.’’ ‘‘(1) $500,000 to the department in which the Demonstration Program SECTION 2. AMENDMENT TO NONINDIGENOUS Coast Guard is operating, for the period be- Establishes a habitat restoration and en- AQUATIC NUISANCE PREVENTION AND CONTROL ginning with fiscal year 1996 and ending with hancement demonstration program to de- ACT fiscal year 2000, to be used by the Secretary velop, demonstrate and showcase various Amends the Nonindigenous Aquatic Nui- to carry out the study under section low-cost techniques for restoring or enhanc- sance Prevention and Control Act of 1990 by 1102(a)(4); ing wetlands, forest riparian zones and other adding the following provisions: ‘‘(2) $2,000,000 to the Task Force, for the pe- types of habitat associated with the Chesa- Ballast water guidelines riod beginning with fiscal year 1996 and end- peake Bay and its tributaries. Directs the Secretary of Transportation, ing with fiscal year 2000, to be used by the Directs the Administrator, in cooperation acting through the Coast Guard, to develop Director and the Under Secretary (as co- with the Chesapeake Executive Council, to and publicize voluntary ballast water man- chairpersons of the Task Force) to carry out develop a plan for the protection and con- agement guidelines for vessels entering U.S. the study under section 1102(a)(5); and servation of wetlands, contiguous riparian waters, and to create a reporting mechanism ‘‘(3) $1,250,000 to the department in which forests and other habitats within the Bay the Coast Guard is operating, for each of fis- to assess participation. watershed, within two years from the date of Not later than three years after the issu- cal years 1996 through 2000, to be used by the enactment of the act. Secretary for the development and imple- ance of the voluntary guidelines, the Sec- Establishes a central clearinghouse to fa- retary must submit a report to Congress on mentation of the guidelines issued under sec- cilitate access to information about Bay wa- tion 1101(a) and the implementation and en- the effectiveness of the guidelines and the tershed habitat locations, types, acreages, need for a mandatory program to prevent the forcement of the regulations promulgated status and trends and restoration and design under section 1101(d).’’. spread of aquatic nuisance species through techniques. ballast water. Directs the Administrator to publish and CHESAPEAKE BAY RESTORATION ACT OF 1995— disseminate on a periodic basis a habitat Great Lakes Program SECTION-BY-SECTION ANALYSIS protection and restoration report describing Continues in effect the existing regulatory SECTION 1. SHORT TITLE methods, procedures and processes to guide program established by the Aquatic Nui- sance Species Prevention and Control Act, as Establishes the title of the bill as the State and local efforts in the protection and amended, for the Great Lakes and Hudson ‘‘Chesapeake Bay Restoration Act of 1995.’’ restoration of various types of habitat. River. SECTION 2. FINDINGS AND PURPOSE Basinwide toxics reduction Research States that the purpose of the Act is to ex- Authorizes EPA to assist the States in the Directs the Secretary and the Aquatic Nui- pand and strengthen the cooperative efforts implementation of specific actions to reduce sance Species Task Force to undertake re- to restore and protect the Chesapeake Bay toxics use and risks throughout the Bay wa- search to establish recent trends in ballast and to achieve the goals embodied in the tershed. Directs the Administrator to assist water releases and to examine the attributes Chesapeake Bay Agreement. the States in improving data collection on the sources of toxic pollutants entering the and patterns of ballast-mediated invasions in SECTION 3. CHESAPEAKE BAY Bay and integrating this information into the Chesapeake Bay and other U.S. waters. Definitions the Chesapeake Bay Program Toxics Loading These studies are to be conducted both Defines the terms, ‘‘Chesapeake Bay Inventory. Also directs the Administrator to prior to and two years following the issuance Agreement,’’ ‘‘Chesapeake Bay Program,’’ begin implementing toxics reduction, pollu- of voluntary guidelines so that the extent of ‘‘Chesapeake Bay Watershed,’’ ‘‘Chesapeake tion prevention and management actions, in- compliance with the guidelines and the effec- Executive Council,’’ and ‘‘Signatory Juris- cluding targeted demonstration projects, to tiveness of the guidelines in reducing the in- diction. achieve the toxics reduction goals of the Bay troduction and spread of aquatic nuisance species may be determined. Continuation of Chesapeake Bay Program Agreement. Naval Program Provides authority for EPA to lead and co- Chesapeake Bay Watershed, Tributary and ordinate federal agency participation in the River Basin Program Directs the Chief of Naval Operations to Chesapeake Bay Program, in cooperation Authorizes a comprehensive research, mon- implement a ballast water management pro- with the Chesapeake Executive Council, and itoring and data collection program to assess gram for the seagoing fleet of the Navy. to maintain a Chesapeake Bay Program Of- the status and trends in the environmental Authorizations fice. quality and living resources of the major Authorizes a total of $2.5 million to the Directs the Chesapeake Bay Program Of- tributaries, rivers and streams within the Coast Guard and the Aquatic Nuisance Spe- fice to provide support and coordinate fed- Chesapeake Bay watershed and to assist in cies Task Force for the conduct of research eral, state and local efforts in developing the development of management plans for required by the act. strategies and action plans and conducting such waters. Directs the establishment of a Authorizes $1.25 million to the Coast Guard system-wide monitoring and assessment to system for accounting for sources of nutri- for each of fiscal years 1996 through 2000 for S 8558 CONGRESSIONAL RECORD — SENATE June 16, 1995 the development and implementation of vol- up to 20 years, (2) modify existing contracts eties. We had a terrifying glimpse of untary guidelines and the implementation to meet the program eligibility criteria, and that in Japan a few months ago. and enforcement of regulations in the Great (3) extend the duration of existing or modi- Now, while chemical weapons are rel- Lakes and Hudson River. fied contracts meeting eligibility criteria for a period of 20 years. atively easy to produce, the political CHESAPEAKE BAY ESTUARINE RESOURCES ACT Duty of Secretary cost of using them is enormous. There is worldwide revulsion if they are used, OF 1995—SECTION-BY-SECTION ANALYSIS Directs the Secretary, in enrolling lands SECTION 1. AUTHORIZATION OF APPROPRIATIONS under the Conservation Reserve Program, to and any perpetrator is branded a war Reauthorizes the National Oceanic and At- give priority to those lands that meet the criminal, a pariah, and ostracized by mospheric Administration’s Chesapeake Bay criteria for the riparian buffer program, and the entire world community. And so we Estuarine Resources Office through the year to ensure, to the extent practicable, that at ban them. 2000. least 20% of enrolled lands in designated con- We did the same with dum dum bul- Authorizes $3,000,000 for each fiscal year servation priority areas meet the eligibility lets, which expand on contact with the through 2000 for investigations to improve criteria. human body and cause horrific inju- understanding of oyster diseases and provide Technical assistance ries. They have been outlawed for a new scientific and management tools to Directs the Secretary, acting through the century. counteract the consequences of oyster dis- Natural Resources Conservation Service and ease. the Forest Service, to provide technical as- I mention this because every weapon SECTION 2. AUTHORITIES OF THE DIRECTOR sistance for the design, establishment and may have some military utility, as do Clarifies the authority of the Office Direc- maintenance of forest buffers. chemical weapons and dum dum bul- tor to establish that the Office may provide Cost share assistance lets. Some have been repudiated as in- financial assistance to federal, state, and Authorizes the Secretary to pay 100 per- humane and a violation of the laws of local governments as well as non-profit orga- cent of the cost for the design, establishment war. nizations for the conduct of activities nec- and short-term maintenance of riparian buff- That is what Civil War General Sher- essary to carry out the act, including re- ers. man that about landmines over a cen- search, monitoring and data management. Selective harvest tury ago. Sherman was no humani- Permits program participants to selec- CHESAPEAKE BAY ENVIRONMENTAL RESTORA- tarian, but he condemned landmines as tively harvest mature timber with the ap- TION AND PROTECTION PILOT PROGRAM—SEC- ‘‘a violation of civilized warfare.’’ It proval of the Secretary, provided such har- TION-BY-SECTION ANALYSIS was in the Civil War that landmines— vest does not defeat the purposes of the ri- actually live artillery shells, were first SECTION 1. PROGRAM parian forest program. Instructs the Secretary of the Army to concealed beneath the surface of roads, provide assistance to non-federal interests in By Mr. LEAHY (for himself, Mr. in houses, even concealed in flour bar- the form of design and construction assist- BRADLEY, Mr. GRAHAM, Mr. rels, where they maimed and killed sol- ance for water-related infrastructure and re- DASCHLE, Mr. SIMON, Mr. diers and civilians alike. But even source protection and development projects INOUYE, Mr. JEFFORDS, Mr. though Sherman and others condemned affecting the Chesapeake Bay estuary. Such REID, Mr. HATFIELD, Mr. FORD, them, they have been used ever since in projects include sediment and erosion con- steadily increasing numbers. trol, protection of essential public works Mr. HARKIN, Mr. SARBANES, Mr. such as wastewater treatment facilities, use FEINGOLD, Mr. KOHL, Mr. LAU- Today, vast areas of many countries of dredge material for beneficial purposes TENBERG, Mr. DODD, Mr. KERRY, have become deathtraps from millions such as habitat restoration, and other Mrs. KASSEBAUM, Ms. MOSELEY- of unexploded landmines. The State projects that enhance the living resources of BRAUN, Mr. BUMPERS, Mr. KEN- Department estimates that there are 80 the estuary. NEDY, Mrs. BOXER, Mr. PELL, to 110 million of these tiny explosives Only publicly owned and operated projects Mr. CHAFEE, Mr. DORGAN, Ms. in 62 countries, each one waiting to ex- qualify for assistance. The Federal share of plode from the pressure of a footstep. the cost of each such projects shall be 75%. MIKULSKI, Mr. WELLSTONE, Mr. Directs the Secretary to establish at least SIMPSON, Mrs. MURRAY, Mr. To give you an idea, Mr. President, one project in each of the states of Mary- ROCKEFELLER, Mr. BRYAN, Mr. this is a landmine in my hand. I am land, Virginia and Pennsylvania. MOYNIHAN, Mr. KERREY, Mrs. sure my colleagues know it is a deacti- Authorizes $30,000,000 to carry out this sec- FEINSTEIN, Mr. AKAKA, Mr. vated landmine, but this is a landmine. tion for fiscal years 1996 through 1998, which CONRAD, Mr. JOHNSTON, Mr. It is tiny and costs $3 or $4 to produce. amount shall remain available, without re- PRYOR, Mr. BREAUX, Mr. EXON, It is all rubber or plastic except for one gard to fiscal year, until expended. and Mr. CAMPBELL): tiny piece of metal about the size of a S. 940. A bill to support proposals to thumbtack. So it is nearly RIPARIAN FOREST BUFFER PILOT PROGRAM ESTABLISHMENT ACT—SECTION-BY-SECTION implement the U.S. goal of eventually undetectable. If this had been real, in ANALYSIS eliminating antipersonnel landmines; just touching it like this, my arm SECTION 1. SHORT TITLE to impose a moratorium on use of anti- would be gone and most of my face Establishes the title of the Act as the ‘‘Ri- personnel landmines except in limited would be gone. If you step on it, your parian Forest Pilot Program Establishment circumstances; to provide for sanctions leg is gone. If you are a child, you are Act.’’ against foreign governments that ex- probably killed. Children are killed SECTION 2. RIPARIAN FOREST PILOT PROGRAM port antipersonnel landmines, and for daily on these. In fact, every day, it is In general other purposes; to the Committee on estimated that 70 people are maimed or Amends the Food Security Act Conserva- Foreign Relations. killed by landmines. That is one person tion Reserve Program by directing the Sec- THE 1995 LANDMINE USE MORATORIUM ACT every 22 minutes. That is 26,000 people retary of Agriculture to establish a program Mr. LEAHY. Mr. President, earlier every year. Most of them are not com- to promote the development of riparian for- today, I spoke of a worldwide scourge batants. They are civilians going about est buffers in designated conservation prior- of landmines and the use of anti- their daily lives—bringing their ani- ity areas for the purpose of improving water personnel landmines. I noted that there mals to a field, collecting wood, or quality and living resources in such areas. have been few times in history when they are getting water, or going to Eligible lands the nations of the world joined to- market, or they are going to business. Authorizes the Secretary to include in the gether to outlaw the use of a weapon of They are like Ken Rutherford, a hu- program crop or pasture land that, when war. manitarian worker from Colorado, converted to a forest buffer, will intercept It was done with chemical and bio- working with others in Africa. the flow of pollutants into surface or ground water or accomplish specific objectives for logical weapons, because it was under- He hit a landmine. As he described it terrestrial and aquatic habitat identified by stood that once they were unleashed, in his very painful and very graphic the Secretary. they could not be controlled. They testimony before the Senate, he sat Duration, modification and extension of maim or kill whoever comes in contact there holding his foot in his hand, try- contracts with them, and they do that whether it ing to figure out how he could put it Authorizes the Secretary to (1) enter into is civilians or combatants. In fact, if back on. Of course, he never did. And new contracts with land owners or operators they are in the hands of terrorists, there was surgery after surgery. We for the lease of eligible lands for a period of they could wreak havoc on whole soci- watched him walk painfully to the June 16, 1995 CONGRESSIONAL RECORD — SENATE S 8559 table where he testified before the Sen- killers. As I spoke to the leaders of the itored to keep out civilians. It also per- ate. other countries, I could tell them this mits the use of Claymore mines, which These pictures, Mr. President, behind was something—and probably the only are used to guard a perimeter, and me, tell a gruesome story. But, in a thing during that same Congress—that antitank mines. way, these are the lucky ones—lucky united Senators as nothing else had, no The purpose of the legislation is sim- because they survived, but unlucky matter what their party or political ple: Like the landmine export morato- that they are in a country where they philosophy. rium and the nuclear testing morato- will face a lifetime of hardship. With the public pressure that grew rium, it aims, by setting an example, There are tens of thousands of people out of that and the efforts of people to challenge other countries to join to like them. Many others die, just from a around this world, 26 countries have bring an end to the mass destruction in lack of blood or from shock, before now halted all or most of their exports slow motion caused by landmines. they can reach a hospital. In many of of antipersonnel landmines in just 2 As a step toward that goal, it would these countries the hospitals are over- years, starting with what we were able temporarily halt the scattering of anti- whelmed. to do here. Mr. President, 26 countries personnel mines that cause such a mas- I do not have the slightest doubt, Mr. have halted all or most of their exports sive number of civilian casualties. One President, that any Member of the Sen- of antipersonnel landmines. person who has worked on this in Cam- ate, Republican or Democrat, could not If, in my 21 years, I had to point to bodia said, sitting in my office in Bur- see what I have seen without feeling as what I was most proud of, I could not lington, VT, ‘‘Yes, we clear landmines passionately as I do. Young children think of anything I could be more in Cambodia. We clear them an arm with their legs blown off at the knees, proud of or have more pride in than and a leg at a time.’’ mothers with an arm or leg missing, knowing men and women both in this In addition, my legislation would hospital rows filled with rows of ampu- body and in parliamentary bodies provide for sanctions against countries tees. I have visited these hospitals. around the world who have joined with that continue to export antipersonnel My wife, a registered nurse, has vis- the Senate. mines. ited these hospitals. We know what Last September, in a historic speech Mr. President, this is a global crisis. they are like. Tim Rieser, from my to the U.N. General Assembly, Presi- Even with all of our power, the United staff, has traveled to all parts of the dent Clinton announced the goal of States cannot solve it alone. But nei- world to see what landmines have done. eventually eliminating antipersonnel ther will it be solved without strong Senators JOHNSTON and SPECTER, landmines. On December 15, the 184 U.S. leadership. Senators SIMPSON and NICKLES saw members of the U.N. General Assembly That is what the legislation does. It firsthand what mines can do when they passed a resolution calling for further sets an example. It says, ‘‘For 1 year, visited a center for amputees in Viet- steps toward the eventual elimination we will take time out.’’ We will chal- nam. Most people have not been to of antipersonnel landmines. lenge other countries to live up to Vietnam, Afghanistan, Cambodia, This is the first time since the ban- what they said at the United Nations Bosnia, Angola, or Mozambique where ning of chemical weapons that the na- last December when they agreed to mines have been a fact of daily life tions of the world have singled out a work to rid the world of these weapons. and, in most places, still are. There type of weapon for total elimination. It Every ambassador from other coun- you see, over and over, the terrible reflects a growing worldwide consensus tries I have talked to, every leader, human tragedy these insidious weapons that these weapons are unacceptable every foreign minister, has told me in cause. because they are indiscriminate. words the same thing: If the United Civilians are not the only victims of They are so cheap, so easy to mass States, the most powerful nation his- landmines. They have become the produce, so easy to conceal and trans- tory has ever known, if the United scourge of the U.N. peacekeepers. An port and scatter by the thousands. States cannot set the moral leadership, article in this week’s issue of Defense They cannot be controlled. They are this will not be done. But if the United Week is titled, ‘‘If U.S. Troops Get the used routinely to terrorize civilian pop- States sets the example, then it can be Call in Bosnia, Mines Will Pose Serious ulations. done. Threat.’’ It says American troops sent In March of this year, Belgium Our people will be safer. The people to former Yugoslavia would have to passed a law prohibiting production, in 180 other countries ultimately will combat an estimated 1.7 million mines export, and use of antipersonnel mines. be safer, certainly the people of the 60 in Bosnia alone. It says that mines Belgium had been a major producer. or more countries that are littered have been used by all sides in that war Now they have outlawed them. Norway with mines can now begin to get rid of to intimidate U.N. peacekeepers. did the same just last week. Half a them. With 500 new landmine casual- We are called in there as the most dozen other countries have declared ties each week, resolutions are not powerful nation history has ever support for a global ban on these weap- enough. We have to jolt the world out known. But we will be facing $3 and $4 ons. of complacency. Only the United and $5 and $8 landmines and be brought U.N. Secretary-General Boutros- States can do that. to the level of just about any other Ghali, Pope John Paul II, former Presi- I have two minds about this legisla- country, powerful or otherwise. dent Jimmy Carter, American Red tion. I believe it could be the spark Landmines have become a cheap, Cross President Elizabeth Dole, these that leads to international cooperation popular weapon in Third World coun- are but a few of the world leaders who to stop this senseless slaughter, be- tries, the same countries where Amer- have called for an end to the use of cause what we do is being watched ican troops are likely to be sent in the antipersonnel mines. around the globe, and there is great future. The $2 or $3 antipersonnel mine But despite this progress, the use of support. hidden under a layer of sand or dust landmines continues unabated. Mil- It will take a determined effort over can blow the leg off the best-trained, lions of new mines are being produced the next few years, but if our leader- best-equipped American soldier, even each year, and today the Russians are ship gets other governments to join, though he or she represents the most dropping them by the thousands, out of and I believe it will, Americans who powerful nation on earth. airplanes, over Chechnya. are sent into harm’s way in the future Two years ago, almost no one was Mr. President, today I introduce leg- will have far more to gain from what paying attention to this global crisis. islation that builds on the steps we we do here. Whether we send our men Then the U.S. Senate passed my have taken. It would impose a 1-year and women in uniform, whether we amendment for a moratorium on the moratorium on the use of anti- send our people on humanitarian mis- export of antipersonnel landmines. Re- personnel mines, to take effect 3 years sions, whatever else, to the other parts publicans and Democrats together from the date of enactment. of the world, they will be safer because joined to pass that. It would permit the use of these of what we can do here. The amendment had one goal: To mines along international borders, for At the same time, it is only a 1-year challenge other countries to join with example between North and South moratorium and does not take effect us to stop the spread of these hidden Korea, in minefields that are mon- for 3 years. Between now and then, S 8560 CONGRESSIONAL RECORD — SENATE June 16, 1995 82,000 people will die or be horribly by the Clinton administration to pri- move quickly on this important and maimed by landmines. vatize the College Construction Loan ground-breaking legislation.∑ Frankly, Mr. President, this legisla- Insurance Association, better known as tion is the least we can do as the Connie Lee. I am pleased to be joined By Mr. BOND (for himself, Mr. world’s only superpower with by far the in the effort by the ranking member of DOMENICI, Mr. WARNER, Mrs. most powerful military. It is the least the committee, Senator KENNEDY. HUTCHISON, Mr. BURNS, Mr. we can do to stigmatize these weapons, Connie Lee was created in the Higher FRIST, and Mr. COVERDELL): because they are indiscriminate and in- Education Act Amendments of 1986, S. 942. A bill to promote increased humane, whether they are the simple and I was pleased to have shepherded understanding of Federal regulations $2 or $3 type or the more complex self- this part of that larger effort through and increased voluntary compliance destructive type. the Congress. So it is particularly re- with such regulations by small enti- What is our alternative? To accept warding for me to be here today to ties, to provide for the designation of that large areas of the world will be begin this exciting transition for regional ombudsmen and oversight forever littered with hidden deadly ex- Connie Lee. boards to monitor the enforcement plosives? I cannot accept that. Or that Connie Lee was created with a vital practices of certain Federal agencies every 22 minutes of every day of every and focused mission—to assist colleges with respect to small business con- year someone, often a child, usually a in the repair, modernization, and concerns, to provide relief from excessive civilian, will lose a leg or an arm, or struction of their facilities. Like many and arbitary regulatory enforcement life, as the result of a landmine? I and institutions, colleges, and universities actions against small entities, and for the 40 other Senators of both parties need multiyear financing to keep up other purposes; to the Committee on sponsoring this legislation cannot ac- with their construction and renovation Small Business. cept that. It is a global catastrophe. needs. For institutions with strong fi- THE SMALL BUSINESS REGULATORY FAIRNESS Landmines are causing more unneces- nancial backing and large endowments, ACT OF 1995 sary suffering than any other weapon issuing bonds and securing capital has ∑ Mr. BOND. Mr. President, today I am of war, and people everywhere are call- not been a major problem. Institutions announcing the opening of a new front ing for the end of this. that are less secure and have a lower in our fight against oppressive, oner- Today, if armies leave the field they bond rating, however, face major obsta- ous, and overly meddlesome Govern- take their weapons with them. They cles in obtaining the necessary financ- ment regulations. I believe this new take away their guns, their tanks, and ing. front will, for the time, take the fight their cannons. But they leave behind It was clear to us in 1986 that we, as outside the beltway and attack regula- landmines that continue to kill long a nation, have a major stake in assur- tions and agencies where they impact after anybody even remembers what ing that our higher education institu- people in their day-to-day lives. the armies were fighting about. Long tions both literally and figuratively sit Since the election, there has been after their leaders, their generals, their on a strong foundation. Connie Lee was tremendous activity in reforming the politicians are dead and gone, the land- created to address this need and, since way Federal agencies develop and issue mines stay there. It is the weapon that its incorporation in 1987, it has pro- regulations, and I have been deeply in- keeps on killing. vided increased access to the bond mar- volved in this effort as cochair, along There are some weapons that are so kets for nearly 100 needy institutions with Senator KAY BAILEY HUTCHISON, inhumane they do not belong on this through bond insurance. Connie Lee of the Senate Republican Regulatory Earth. Antipersonnel landmines are in has insured bond issues totaling just Relief Task Force. As we speak, we are that category. This is not a weapon we over $2.5 billion and has assisted insti- working with Senator DOLE and others need for our national security. It is a tutions such as the University of Den- on his Comprehensive Regulatory Re- terrorist weapon used most often ver, the University of Massachusetts form Act, S. 343. These efforts are vi- against the defenseless, like these chil- Medical School, several community tally important if we are to slow run- dren here who are no threat to any- colleges, and numerous other institu- away regulation and better control body. They are the victims. It is, above tions in nearly every State. Federal agencies. Equally important all, a moral issue. With its significant record, Connie for small business is to add some mean- I want to close with a quote from Lee has clearly proven its maturity ingful judicial enforcement provisions Archbishop Desmond Tutu, because he and strength. Since its founding, to the Regulatory Flexibility Act, and has spoken eloquently about the 20 Connie Lee has maintained its triple-A I have introduced legislation to accom- million landmines in Africa that have financial rating, and a recent Standard plish this. already destroyed so many innocent and Poor’s report confirmed its strong All of these efforts focus on changing lives. Archbishop Tutu said: financial position. Connie Lee is clear- the way agencies enact regulations. Anti-personnel landmines are not just a ly ready for privatization. Even though Today, I announce an effort to reform crime perpetrated against people, they are a the original Federal investment of $19 the way Government officials enforce sin. Why has the world been so silent about Federal regulations. After all, most these obscenities? It is because most of the million was small, every dollar is victims of landmines are neither heard nor clearly needed in our effort to elimi- people, most small business people, do seen. nate the budget deficit. not have the time to concern them- Mr. President, the legislation I am The administration’s bill is quite selves with the process of reviewing introducing today shows that we do straightforward. It would repeal the and commenting on proposed and final hear, that we do see, and we are going section of the Higher Education Act rules in the Federal Register. Small to stop this. that authorized the creation of Connie businesses have to deal with regula- Lee and governs its activities. In additions when the regulator shows up on By Mr. DODD (for himself and tion, it would provide for the Secretary the doorstep to inspect their facility or Mr. KENNEDY): of the Treasury to sell the 15-percent to enforce a new Federal mandate. As S. 941. A bill to provide for the termi- share the Government holds in Connie chairman of the Senate Committee on nation of the status of the College Con- Lee. Small Business, I have heard numerous struction Loan Insurance Association The Subcommittee on Education, horror stories about burdensome regu- (‘‘the Corporation’’) as a Government- Arts and Humanities of the Labor and lations. But as I have listened and sponsored enterprise, to require the Human Resources Committee will hold learned from businessmen and women Secretary of Education to divest him- hearings on this matter, as well as the with real life problems, I have become self of the Corporation’s stock, and for proposal to privatize Sallie Mae early increasingly convinced that the en- other purposes; to the Committee on next week. While I think the adminis- forcement of regulations is a problem Labor and Human Resources. tration’s proposal is clearly a good as troublesome as the regulations THE COLLEGE CONSTRUCTION LOAN INSURANCE start, there are some important issues themselves. ASSOCIATION PRIVATIZATION ACT OF 1995 for us to examine in the committee. Today I am introducing legislation to ∑ Mr. DODD. Mr. President, I am These issues are modest, however, make fundamental changes in the way pleased to introduce legislation offered and I hope that the committee can regulatory agencies think about small June 16, 1995 CONGRESSIONAL RECORD — SENATE S 8561 business. It should be every regulatory The third part of the legislation will Sec. 202. Small business regulatory fairness agency’s mission to encourage compli- create some financial accountability at boards. ance by making rules easier to under- Federal agencies and level the playing Sec. 203. Services provided by small business stand and by not enforcing their regu- field for small businesses when they development centers. lations in a way that unnecessarily disagree with a fine or penalty imposed TITLE III—FINANCIAL ACCOUNTABILITY OF COVERED AGENCIES RELATING TO frustrates law abiding small busi- on them this bill will make the Gov- FEES AND EXPENSES nesses. To this end, my bill includes a ernment inspectors and lawyers re- Sec. 301. Administrative proceedings. three part attack on unfair enforce- sponsible for their actions in assessing Sec. 302. Judicial proceedings. ment of Government regulations. fines, penalties, and citations because SEC. 2. PURPOSES. First, small businesses should be able it will allow small businesses to re- The purposes of this Act are— to understand what is expected of cover their legal costs from the Gov- (1) to change the relationship between reg- them. I want small businesses to know ernment when the enforcers and the ulators and small entities; that if they are playing by the rules of lawyers have been unreasonable. If (2) to ameliorate the concern of small enti- the game as expressed in plain English Federal agencies make excessive de- ties regarding the effects of arbitrary Fed- eral regulatory enforcement actions on compliance guides the agencies will be mands that they can not sustain in court, then the Federal agency will small entities; required to print, then they have noth- (3) to increase the comprehensibility of ing to fear from inspectors. Sound like have to pay the legal fees of the small Federal regulations affecting small entities; common sense? It should be, but for business. Small businessmen and (4) to make Federal regulators accountable too long agencies like EPA and OSHA women in American are more than for their actions; and have refused to tell businesses how willing to comply with regulations and (5) to provide small entities with a mean- they can avoid the threat of regulatory pay appropriate penalties when they ingful opportunity for the redress of arbi- action. Like the merchant who re- are in the wrong. But it is time we put trary enforcement actions by Federal regulators. sponds to questions about his product a stop to powerful Federal agencies with the phrase caveat emptor, some swooping down on small businesses and TITLE I—REGULATORY SIMPLIFICATION AND VOLUNTARY COMPLIANCE regulators have taken the attitude insisting on unreasonable fines just be- that it is not their responsibility to cause they agency enjoys an enormous SEC. 101. DEFINITIONS. For purposes of this title, the following make complying with the law easy, financial and resource advantage and can afford an expensive and time con- definitions shall apply: preferring instead to punish small busi- (1) COMPLIANCE GUIDE.—The term ‘‘compli- ness owners who deviate in the small- suming court challenge. If the small ance guide’’ means a publication made by a est way from the most complicated business can reduce or eliminate the covered agency under section 102(a). regulation. penalty, this bill will require the legal (2) COVERED AGENCY.—The term ‘‘covered costs to be paid directly out of the agency’’ has the same meaning as in section The second part of my bill is designed agency’s budget. 30(a) of the Small Business Act (as added by to give small businesses a place to On Monday of this week, the Presi- section 201 of this Act). voice complaints about excessive, un- dent told the White House conference (3) NO ACTION LETTER.—The term ‘‘no ac- fair or incompetent enforcement of that he wants Government regulators tion letter’’ means a written determination regulations, with the knowledge that to stop treating small business men from a covered agency stating that, based on their voices will be heard. My bill sets a no action request submitted to the agency and women as criminals and start by a small entity, the agency will not take up regional Small Business and Agri- treating them as partners or cus- culture Ombudsmen through the Small enforcement action against the small entity tomers. I believe this legislation will under the rules of the covered agency. Business Administration’s offices make that goal a reality and bring (4) NO ACTION REQUEST.—The term ‘‘no ac- around the country to give small busi- much needed relief to small businesses tion request’’ means a written correspond- nesses assurance that their confiden- across the country. I hope the Presi- ence submitted by a small entity to a cov- tial complaints and comments will be dent will follow through on his speech ered agency— recorded and heard. These Ombudsmen to small business and join with the Na- (A) stating a set of facts; and also will coordinate the activities of (B) requesting a determination by the tional Federation of Independent Busi- agency of whether the agency would take an volunteer Small Business Regulatory nesses in supporting this bill. I urge all Fairness Boards, made up of small enforcement action against the small entity of my colleagues to join with me in based on such facts and the application of business people from each region. supporting small business by support- any rule of the agency. These boards will be able to investigate ing this legislation. (5) RULE.—The term ‘‘rule’’ has the same and make recommendations about Mr. President, I ask unanimous con- meaning as in section 601(2) of title 5, United troublesome patterns of enforcement sent that the bill and additional mate- States Code. (6) SMALL ENTITY.—The term ‘‘small en- activities. Any small business that is rial be printed in the RECORD. subject to an inspection or enforce- tity’’ has the same meaning as in section There being no objection, the mate- 601(6) of title 5, United States Code. ment action will have the chance to rial was ordered to be printed in the rate and critique the inspectors or law- (7) SMALL BUSINESS CONCERN.—The term RECORD, as follows: ‘‘small business concern’’ has the same yers they deal with. In dealing with S. 942 meaning as in section 3 of the Small Busi- small businesses today, agencies some- Be it enacted by the Senate and House of Rep- ness Act. times seem to assume that every one is resentatives of the United States of America in (8) VOLUNTARY SELF-AUDIT.—The term a violator of their rules, trying to get Congress assembled, ‘‘voluntary self-audit’’ means an audit, as- away with something. Some agencies SECTION 1. SHORT TITLE; TABLE OF CONTENTS. sessment, or review of any operation, prac- do a good job of fulfilling their legal (a) SHORT TITLE.—This Act may be cited as tice, or condition of a small entity that— mandate while assisting small busi- the ‘‘Small Business Regulatory Fairness (A) is initiated by an officer, employee, or ness, but many agencies seem stuck in Act of 1995’’. agent of the small entity; and (B) is not required by law. an enforcement mentality where every- (b) TABLE OF CONTENTS.—The table of con- one is presumed guilty until proven in- tents for this Act is as follows: SEC. 102. COMPLIANCE GUIDES. (a) COMPLIANCE GUIDE.— nocent. I think we should let small Sec. 1. Short title; table of contents. Sec. 2. Purposes. (1) PUBLICATION.—If a covered agency is re- businesses compare their dealings with quired to prepare a regulatory flexibility TITLE I—REGULATORY SIMPLIFICATION one agency to dealings with another so analysis for a rule or group of related rules AND VOLUNTARY COMPLIANCE that the abusive agencies or agents can under section 603 of title 5, United States be weeded out and exposed. Agencies Sec. 101. Definitions. Code, the agency shall publish a compliance Sec. 102. Compliance guides. should be vying to see which can fulfill guide for such rule or group of related rules. Sec. 103. No action letter. (2) REQUIREMENTS.—Each compliance guide their statutory mandate in a way that Sec. 104. Voluntary self-audits. helps and empowers small business. We published under paragraph (1) shall— Sec. 105. Defense to enforcement actions. (A) contain a summary description of the need direct feedback from small busi- TITLE II—SMALL BUSINESS RESPON- rule or group of related rules; nessmen and women around the coun- SIVENESS OF COVERED AGENCIES (B) contain a citation to the location of try on how well the regulators are Sec. 201. Small business and agriculture om- the complete rule or group of related rules in doing their jobs. budsman. the Federal Register; S 8562 CONGRESSIONAL RECORD — SENATE June 16, 1995 (C) provide notice to small entities of the (B) administrative proceeding; and serve as the Regional Small Business and requirements under the rule or group of re- (2) may not be the subject of discovery in Agriculture Ombudsman in accordance with lated rules and explain the actions that a any enforcement action brought against a this subsection. small entity is required to take to comply small entity by a Federal agency in any Fed- ‘‘(2) DUTIES.—Each ombudsman designated with the rule or group of related rules; eral— under paragraph (1) shall— (D) be written in a manner to be under- (A) court; or ‘‘(A) on a confidential basis, solicit and re- stood by the average owner or manager of a (B) administrative proceeding. ceive comments from small business con- small entity; and (b) APPLICATION.—For purposes of sub- cerns regarding the enforcement activities of (E) be updated as required to reflect section (a), the evidence described in this covered agencies; changes in the rule. subsection is— ‘‘(B) based on comments received under (b) DISSEMINATION.— (1) a voluntary self-audit made in good subparagraph (A), annually assign and pub- (1) IN GENERAL.—Each covered agency shall faith; and lish a small business responsiveness rating establish a system to ensure that compliance (2) any report, finding, opinion, or any to each covered agency; guides required under this section are pub- other oral or written communication made ‘‘(C) publish periodic reports compiling the lished, disseminated, and made easily avail- in good faith relating to such voluntary self- comments received under subparagraph (A); able to small entities. audit. ‘‘(D) coordinate the activities of the Small (2) SMALL BUSINESS DEVELOPMENT CEN- (c) EXCEPTIONS.—Subsection (a) shall not Business Regulatory Fairness Board estab- TERS.—In carrying out this subsection, each apply if— lished under subsection (c); and covered agency shall provide sufficient num- (1) the act or omission that forms the basis ‘‘(E) establish a toll-free telephone number bers of compliance guides to small business of the enforcement action is a violation of to receive comments from small business development centers for distribution to criminal law; or concerns under subparagraph (A).’’. small businesses concerns under section (2) the voluntary self-audit or the report, SEC. 202. SMALL BUSINESS REGULATORY FAIR- 21(c)(3)(R) of the Small Business Act (as finding, opinion, or other oral or written NESS BOARDS. added by section 202 of this Act). communication was prepared for the purpose Section 30 of the Small Business Act (as (c) LIMITATION ON ENFORCEMENT.— of avoiding disclosure of information re- added by section 201 of this Act) is amended (1) IN GENERAL.—No covered agency may quired for an investigative, administrative, by adding at the end the following new sub- bring an enforcement action in any Federal or judicial proceeding that, at the time of section: court or in any Federal administrative pro- preparation, was imminent or in progress. ‘‘(c) SMALL BUSINESS REGULATORY FAIR- NESS BOARDS.— ceeding against a small entity to enforce a SEC. 105. DEFENSE TO ENFORCEMENT ACTIONS. ‘‘(1) IN GENERAL.—Not later than 180 days rule for which a compliance guide is not pub- (a) IN GENERAL.—No covered agency may after the date of enactment of the Small lished and disseminated by the covered agen- impose a fine or penalty on a small entity if Business Regulatory Fairness Act of 1995, the cy as required under this section. the small entity proves by a preponderance Administrator shall establish in each region (2) EFFECTIVE DATES.—This subsection of the evidence that— a Small Business Regulatory Fairness Board shall take effect— (1) the covered agency rule is vague or am- in accordance with this subsection. (A) 1 year after the date of the enactment biguous; and ‘‘(2) DUTIES.—Each Board established under of this Act with regard to a final regulation (2) the interpretation by the small entity paragraph (1) shall— in effect on the date of the enactment of this of the rule is reasonable considering the rule ‘‘(A) advise the ombudsman on matters of Act; and and any applicable compliance guide. concern to small business concerns relating (B) on the date of the enactment of this NTERPRETATION OF RULE.—In determin- (b) I to the enforcement activities of covered Act with regard to a regulation that takes ing whether the interpretation of a rule by a agencies; effect as a final regulation after such date of small entity is reasonable, no deference shall ‘‘(B) conduct investigations into enforce- enactment. be given to any interpretation of the rule by ment activities by covered agencies with re- SEC. 103. NO ACTION LETTER. the agency that is not included in a compli- spect to small business concerns; (a) APPLICATION.—This section applies to ance guide. ‘‘(C) issue advisory findings and recall covered agencies, except— TITLE II—SMALL BUSINESS RESPONSIVE- ommendations regarding the enforcement (1) the Federal Trade Commission; NESS OF COVERED AGENCIES activities of covered agencies with respect to (2) the Equal Employment Opportunity SEC. 201. SMALL BUSINESS AND AGRICULTURE small business concerns; Commission; and OMBUDSMAN. ‘‘(D) review and approve, prior to publica- (3) the Consumer Product Safety Commis- The Small Business Act (15 U.S.C. 631 et tion— sion. seq.) is amended— ‘‘(i) each small business responsiveness rat- (b) ISSUANCE OF NO ACTION LETTER.—Not (1) by redesignating section 30 as section ing assigned under subsection (b)(2)(B); and later than 90 days after the date on which a 31; and ‘‘(ii) each periodic report prepared under covered agency receives a no action request, (2) by inserting after section 29 the follow- subsection (b)(2)(C); and the agency shall— ing new section: ‘‘(E) prepare written opinions regarding (1) make a determination regarding wheth- ‘‘SEC. 30. OVERSIGHT OF REGULATORY ENFORCE- the reasonableness and understandability of er to grant the no action request, deny the MENT. rules issued by covered agencies. no action request, or seek further informa- ‘‘(a) DEFINITIONS.—For purposes of this sec- ‘‘(3) MEMBERSHIP.—Each Board shall con- tion regarding the no action request; and tion, the following definitions shall apply: sist of— (2) if the agency makes a determination ‘‘(1) BOARD.—The term ‘Board’ means a ‘‘(A) 1 member appointed by the President; under paragraph (1) to grant the no action Small Business Regulatory Fairness Board ‘‘(B) 1 member appointed by the Speaker of request, issue a no action letter and trans- established under subsection (c). the House of Representatives; mit the letter to the requesting small entity. ‘‘(2) COVERED AGENCY.—The term ‘covered ‘‘(C) 1 member appointed by the Minority (c) RELIANCE ON NO ACTION LETTER OR COM- agency’ means any agency that, as of the Leader of the House of Representatives; PLIANCE GUIDE.—In any enforcement action date of enactment of the Small Business ‘‘(D) 1 member appointed by the Majority brought by a covered agency in any Federal Regulatory Fairness Act of 1995, has promul- Leader of the Senate; and court, or Federal administrative proceeding gated any rule for which a regulatory flexi- ‘‘(E) 1 member appointed by the Minority against a small entity, the small entity shall bility analysis was required under section 605 Leader of the Senate. have a complete defense to any allegation of of title 5, United States Code, and any other ‘‘(4) PERIOD OF APPOINTMENT; VACANCIES.— noncompliance or violation of a rule if the agency that promulgates any such rule, as of ‘‘(A) PERIOD OF APPOINTMENT.— small entity affirmatively pleads and proves the date of such promulgation. ‘‘(i) PRESIDENTIAL APPOINTEES.—Each by a preponderance of the evidence that the ‘‘(3) OMBUDSMAN.—The term ‘ombudsman’ member of the Board appointed under sub- act or omission constituting the alleged non- means a Regional Small Business and Agri- paragraph (A) of paragraph (2) shall be ap- compliance or violation was taken in good culture Ombudsman designated under sub- pointed for a term of 3 years, except that the faith with and in reliance on— section (b). initial member appointed under such sub- (1) a no action letter from that agency; or ‘‘(4) REGION.—The term ‘region’ means any paragraph shall be appointed for a term of 1 (2) a compliance guide of the applicable area for which the Administrator has estab- year. rule published by the agency under section lished a regional office of the Administration ‘‘(ii) HOUSE OF REPRESENTATIVES AP- 102(a). pursuant to section 4(a). POINTEES.—Each member of the Board ap- SEC. 104. VOLUNTARY SELF-AUDITS. ‘‘(5) RULE.—The term ‘rule’ has the same pointed under subparagraph (B) or (C) of (a) INADMISSIBILITY OF EVIDENCE AND LIMI- meaning as in section 601(2) of title 5, United paragraph (2) shall be appointed for a term of TATION ON DISCOVERY.—The evidence de- States Code. 3 years, except that the initial members ap- scribed in subsection (b)— ‘‘(b) OMBUDSMAN.— pointed under such subparagraphs shall each (1) shall not be admissible, unless agreed to ‘‘(1) IN GENERAL.—Not later than 180 days be appointed for a term of 2 years. by the small entity, in any enforcement ac- after the date of enactment of the Small ‘‘(iii) SENATE APPOINTEES.—Each member tion brought against a small entity by a Fed- Business Regulatory Fairness Act of 1995, the of the Board appointed under subparagraph eral agency in any Federal— Administrator shall designate in each region (D) or (E) of paragraph (2) shall be appointed (A) court; or a senior employee of the Administration to for a term of 3 years. June 16, 1995 CONGRESSIONAL RECORD — SENATE S 8563

‘‘(B) VACANCIES.—Any vacancy on the homes or regular places of business in the ‘‘(ii) findings of fact or conclusions of law Board— performance of services for the Board.’’. are based on inconsistent interpretations of ‘‘(i) shall not affect the powers of the SEC. 203. SERVICES PROVIDED BY SMALL BUSI- applicable law by different courts. Board; and NESS DEVELOPMENT CENTERS. ‘‘(3) If a prevailing small entity is awarded ‘‘(ii) shall be filled in the same manner and Section 21(c)(3) of the Small Business Act fees and other expenses as a prevailing party under the same terms and conditions as the (15 U.S.C. 648(c)(3)) is amended— under subsection (a)(1), such fees and other original appointment. (1) in subparagraph (O), by striking ‘‘and’’ expenses shall include all fees and expenses ‘‘(5) CHAIRPERSON.—The Board shall select at the end; incurred by the small entity in appearing in a Chairperson from among the members of (2) in subparagraph (P), by striking the pe- any proceeding the purpose of which is to de- the Board. riod at the end and inserting a semicolon; termine the amount of fees and other ex- ‘‘(6) MEETINGS.— and penses. ‘‘(A) IN GENERAL.—The Board shall meet at (3) by inserting immediately after subpara- ‘‘(4) Fees and other expenses awarded to a the call of the Chairperson. graph (P) the following new subparagraphs: prevailing small entity as a prevailing party ‘‘(B) INITIAL MEETING.—Not later than 90 ‘‘(Q) providing assistance to small business under this section shall be paid by the cov- days after the date on which all members of concerns regarding regulatory requirements, ered agency from funds made available to the Board have been appointed, the Board including providing training with respect to the agency by appropriation or from fees or shall hold its first meeting. cost-effective regulatory compliance; other amounts charged to the public if au- ‘‘(7) QUORUM.—A majority of the members ‘‘(R) developing informational publica- thorized by law. A covered agency may not of the Board shall constitute a quorum for tions, establishing resource centers of ref- increase any such fee or amount charged for the conduct of business, but a lesser number erence materials, and distributing compli- the purpose of paying fees and other ex- may hold hearings. ance guides published under section 102(a) of penses awarded to a prevailing small entity ‘‘(8) POWERS OF THE BOARD.— the Small Business Regulatory Fairness Act as a prevailing party under this section.’’. ‘‘(A) HEARINGS.—The Board or, at its direc- of 1995 to small business concerns; and SEC. 302. JUDICIAL PROCEEDINGS. tion, any subcommittee or member of the ‘‘(S) developing a program to provide con- Section 2412 of title 28, United States Code, Board, may, for the purpose of carrying out fidential onsite assessments and rec- the provisions of this section— ommendations regarding regulatory compli- is amended— ‘‘(i) hold such hearings, sit and act at such ance to small business concerns and assist- (1) in subsection (d)(2)(B)— times and places, take such testimony, re- ing small business concerns in analyzing the (A) by striking ‘‘, or (ii)’’ and inserting ‘‘, ceive such evidence, administer such oaths; business development issues associated with (ii)’’; and and regulatory implementation and compliance (B) by striking the semicolon at the end of ‘‘(ii) require, by subpoena or otherwise, the measures.’’. the subparagraph and inserting the following: ‘‘, or (iii) a small entity as defined under attendance and testimony of such witnesses TITLE III—FINANCIAL ACCOUNTABILITY subsection (g)(1)(D);’’ and and the production of such books, records, OF COVERED AGENCIES RELATING TO (2) by adding at the end the following new correspondence, memoranda, papers, docu- FEES AND EXPENSES subsection: ments, tapes, and materials as the Board or SEC. 301. ADMINISTRATIVE PROCEEDINGS. such subcommittee or member considers ad- ‘‘(g)(1) For purposes of this subsection, the Section 504 of title 5, United States Code, term— visable. is amended— ‘‘(B) ISSUANCE AND ENFORCEMENT OF SUB- ‘‘(A) ‘covered agency’ has the same mean- (1) in subsection (b)(1)(B)— ing as in section 30(a) of the Small Business POENAS.— (A) by striking ‘‘, or (ii)’’ and inserting ‘‘, ‘‘(i) ISSUANCE.—Each subpoena issued pur- Act; (ii)’’; and ‘‘(B) ‘fees and other expenses’ has the same suant to subparagraph (A) shall bear the sig- (B) by striking the semicolon at the end of meaning as in subsection (d)(2)(A), except nature of the Chairperson and shall be served the subparagraph and inserting the follow- that— by any person or class of persons designated ing: ‘‘, or (iii) a small entity as such term is ‘‘(i) clause (ii) of such subparagraph (A) by the Chairperson for that purpose. defined in subsection (g)(1)(D);’’ and shall not apply; and ‘‘(ii) ENFORCEMENT.— (2) by adding at the end the following new ‘‘(ii) attorney’s fees shall not be awarded ‘‘(I) IN GENERAL.—In the case of contumacy subsection: or failure to obey a subpoena issued under ‘‘(g)(1) For purposes of this subsection, the at a rate of pay in excess of $150 per hour un- subparagraph (A), the United States district term— less the court determines that regional costs court for the judicial district in which the ‘‘(A) ‘covered agency’ has the same mean- or other special factors justify a higher fee; subpoenaed person resides, is served, or may ing as in section 30(a) of the Small Business ‘‘(C) ‘prevailing small entity’— be found may issue an order requiring such Act; ‘‘(i) means a small entity that raised a suc- person to appear at any designated place to ‘‘(B) ‘fees and other expenses’ has the same cessful defense to an agency enforcement ac- testify or to produce documentary or other meaning as in subsection (b)(1)(A), except tion by a covered agency in a civil action; evidence. that— and ‘‘(II) CONTEMPT OF COURT.—Any failure to ‘‘(i) clause (ii) of such subparagraph (A) ‘‘(ii) includes a small entity that is a party obey the order of the court issued under shall not apply; and in a civil action in which the court orders a subclause (I) may be punished by the court ‘‘(ii) attorney’s fees shall not be awarded corrective action or penalty against the as a contempt of that court. at a rate of pay in excess of $150 per hour un- small entity that is less burdensome than ‘‘(C) WITNESS ALLOWANCES AND FEES.—Sec- less the adjudicative party determines that the corrective action or penalty initially tion 1821 of title 28, United States Code, shall regional costs or other special factors justify sought or demanded by the covered agency; apply to witnesses requested or subpoenaed a higher fee; and to appear at any hearing of the Board. The ‘‘(C) ‘prevailing small entity’— ‘‘(D) ‘small entity’ has the same meaning per diem and mileage allowances for any wit- ‘‘(i) means a small entity that raised a suc- as the term ‘small entity’ in section 601(6) of ness shall be paid from funds available to cessful defense to an agency enforcement ac- title 5. pay the expenses of the Board. tion by a covered agency in an adversary ad- ‘‘(2) For the purpose of making a finding of ‘‘(D) INFORMATION FROM FEDERAL AGEN- judication; and whether an award under subsection (d)(1)(A) CIES.—Upon the request of the Chairperson, ‘‘(ii) includes a small entity that is a party is unjust, in any case in which fees and other the Board may secure directly from the head in an adversary adjudication in which the expenses would be awarded to a prevailing any Federal department or agency such in- adjudicative officer orders a corrective ac- small entity as a prevailing party— formation as the Board considers necessary tion or penalty against the small entity that ‘‘(A) the court shall not consider whether to carry out the provisions of this section. is less burdensome than the corrective ac- the position of the United States was sub- ‘‘(E) POSTAL SERVICES.—The Board may use tion or penalty initially sought or demanded stantially justified; and the United States mails in the same manner by the covered agency; and ‘‘(B) special circumstances shall be limited and under the same conditions as other de- ‘‘(D) ‘small entity’ has the same meaning to circumstances in which— partments and agencies of the Federal Gov- as in section 601(6). ‘‘(i) the matters in the civil action are ernment. ‘‘(2) For the purpose of making a finding of matters for which there is little or no legal ‘‘(F) DONATIONS.—The Board may accept, whether an award under subsection (a)(1) is precedent; or use, and dispose of donations of services or unjust, in any case in which fees and other ‘‘(ii) findings of fact or conclusions of law property. expenses would be awarded to a prevailing are based on inconsistent interpretations of ‘‘(9) BOARD PERSONNEL MATTERS.— small entity as a prevailing party— applicable law by different courts. ‘‘(A) COMPENSATION.—Members of the ‘‘(A) the adjudicative officer of the agency ‘‘(3) If a prevailing small entity is awarded Board shall serve without compensation. shall not consider whether the position of fees and other expenses as a prevailing party ‘‘(B) TRAVEL EXPENSES.—Members of the the agency was substantially justified; and under subsection (d)(1)(A), such fees and ex- Board shall be allowed travel expenses, in- ‘‘(B) special circumstances shall be limited penses shall include all fees and expenses including per diem in lieu of subsistence, at to circumstances in which— curred by the small entity in appearing in rates authorized for employees of agencies ‘‘(i) the matters in the adversary adjudica- any proceeding the purpose of which is to de- under subchapter I of chapter 57 of title 5, tion are matters for which there is little or termine the amount of fees and other ex- United States Code, while away from their no legal precedent; or penses. S 8564 CONGRESSIONAL RECORD — SENATE June 16, 1995 ‘‘(4) Fees and other expenses awarded to a to allow small entities to recover their at- ADDITIONAL STATEMENTS prevailing small entity as a prevailing party torneys fees in litigation against the govern- under this section shall be paid by the cov- ment where the government has made unrea- ered agency from funds made available to sonable demands of settlement that are not PRISON WORK ACT OF 1995 the agency by appropriation or from fees or sustained by a court, and without having to other amounts charged to the public if au- prove that the government position was not ∑ Mr. SHELBY. Mr. President, one of thorized by law. A covered agency may not ‘‘substantially justified.’’ the many controversial provisions of increase any such fee or amount charged for Sec. 302. Judicial Proceedings. Makes con- the 1994 crime bill was the requirement the purpose of paying fees and other ex- forming changes to Title 28 U.S.C. Section that states have in place an array of penses awarded to a prevailing small entity 2412.∑ dubious programs, including social re- as a prevailing party under this section.’’. f habilitation, job skills, and even THE SMALL BUSINESS REGULATORY FAIRNESS postrelease programs, in order to qual- ACT—SECTION-BY-SECTION ANALYSIS ADDITIONAL COSPONSORS ify for the prison construction grant money contained in the bill. Sec. 1. Short Title. ‘‘The Small Business S. 304 Regulatory Fairness Act of 1995.’’ This requirement is yet another man- Sec. 2. Purposes. The purposes of the act At the request of Mr SANTORUM, the ifestation of the criminal rights philos- are to change the relationship between agen- name of the Senator from Utah [Mr. ophy, which has wreaked havoc on our cies and small business, to increase the un- BENNETT] was added as a cosponsor of criminal justice system. This view derstandability of regulations, to increase S. 304, a bill to amend the Internal holds that criminals are victims of so- the accountability of regulatory agencies, Revenue Code of 1986 to repeal the and to provide meaningful opportunities for ciety, are not to blame for their ac- transportation fuels tax applicable to tions, and should be rehabilitated at redress of arbitrary enforcement actions. commercial aviation. Sec. 101. Definitions. Defines covered agen- the taxpayers expense. In their zeal to cy (those that have regs requiring a Regu- S. 571 rehabilitate violent criminals, pro- latory Flexibility Act analysis), compliance At the request of Mrs. BOXER, the ponents of this ideology have worked guide, no-action letter, small business con- name of the Senator from Massachu- overtime to ensure that murderers, cern (as defined in sec. 3 of the Small Busi- setts [Mr. KERRY] was added as a co- rapists, and child molesters are treated ness Act) and voluntary self-audit. better than the victims of these acts Sec. 102. Compliance Guides. Directs regu- sponsor of S. 571, a bill to amend title latory agencies to publish small business 10, United States Code, to terminate and that these criminals have access to compliance guides for regulations with sig- entitlement of pay and allowances for perks and amenities most hard-work- nificant economic impact on small entities, members of the Armed Forces who are ing taxpayers cannot afford. to disseminate the guides through Small sentenced to confinement and a puni- Award-winning journalist Robert Business Development Centers and prohibits tive discharge or dismissal, and for Bidinotto has revealed myriad abuses. enforcement actions of these regs against other purposes. For example, at Mercer Regional Cor- small entities until such time as the compli- rectional Facility in Pennsylvania, f ance guide is published. hardened criminals have routine access Sec. 103. No Action Letter. Directs regulatory agencies to establish a system for is- NOTICE OF HEARING to a full-sized basketball court, hand- suing ‘‘no-action letters’’ similar to those ball area, punching bags, volleyball used by the IRS and SEC, and allows small CANCELLATION OF COMMITTEE HEARINGS nets, 15 sets of barbells, weightlifting entities to rely on those no-action letters. Mr. MURKOWSKI. Mr. President, I machines, electronic bicycles, and Sec. 104. Voluntary self-audits. Provides would like to announce for the infor- stairmasters facing a TV, so the pris- that information developed during a vol- mation of the Senate and the public oners do not have to miss their favorite untary self-audit by a small entity is not ad- that the oversight hearing previously show while working out. missible or discoverable by a Federal Agen- scheduled before the full Committee on Or consider David Jirovec, a resident cy. Sec. 105. Defense to Enforcement Actions. Energy and Natural Resources for of Washington State who hired two hit Provides small entities with an affirmative Tuesday, June 20, 1995, at 9:30 a.m. to men to kill his wife for insurance defense where the agency rule is vague or review existing oil production at money. His punishment? Regular con- ambiguous and the interpretation of the Prudhoe Bay, AK, and opportunities jugal visits from his new wife. small entity is reasonable, and limits the for new production on the coastal plain At Sullivan high-security prison in court from giving deference to agencies’ in- of Arctic Alaska has been canceled and Fallsburg, NY, prisoners hold regular terpretations of their own rules. will be rescheduled at a later date. jam sessions in a music room crowded Sec. 201. Small Business and Agriculture Ombudsman. Establishes Small Business and In addition, the hearing previously with electric guitars, amplifiers, Agriculture Ombudsmen in each of the Small scheduled before the full Committee on drums, and keyboards. Business Administration’s regional offices Energy and Natural Resources for In Jefferson City, MO, inmates run who will receive complaints about the en- Wednesday, June 21, 1995, at 9:30 a.m. an around-the-clock closed-circuit TV forcement activities of other federal agen- regarding the Secretary of Energy’s studio and broadcast movies filled with cies, develop a small business responsiveness strategic alignment and downsizing gratuitous sex and graphic violence. rating to each regulatory agency, publish re- proposal and other alternatives to the Perhaps the winner in the race for reports on those activities, and establish a habilitation is the Massachusetts Cor- toll-free telephone number to receive com- existing structure of the Department of ments from small business. Energy has also been canceled and will rectional Institution in Norfolk, MA. Sec. 202. Small Business Regulatory Fair- be rescheduled at a later date. There, prisoners sentenced to life in prison—known as the Lifers Group— ness Boards. Establishes volunteer Small f Business Regulatory Fairness Boards in held its annual Lifers Banquet in the $2 Small Business Administration offices AUTHORITY FOR COMMITTEES TO million visitor’s center. These 33 con- around the country, appointed by the Presi- MEET victs—mostly murderers—and 49 of dent and the Congressional leadership to ad- their invited guests dined on catered vise the Ombudsmen, conduct investigations COMMITTEE ON COMMERCE, SCIENCE, AND prime rib. into agency enforcement activities, prepare TRANSPORTATION independent reports and review the reports This is just the tip of the iceberg. of the Ombudsmen. Mr. WARNER. Mr. President, I ask These are not isolated incidents, but Sec. 203. Services Provided by Small Busi- unanimous consent that the Commit- have become commonplace in our ness Development Centers. Expands the role tee on Commerce, Science, and Trans- criminal justice system. Violent crimi- of Small Business Development Centers to portation be allowed to meet during nals have by definition committed bru- include providing regulatory compliance as- the Friday, June 16, 1995, session of the tal acts of violence on innocent women, sistance, serving as a resource for compli- Senate for the purpose of conducting a children, the elderly, and other citi- ance information including the distribution hearing on the future of Amtrak and zens. That the government continues of compliance guides, and developing a pro- the Local Rail Freight Assistance Pro- gram to provide regulatory compliance au- to take money out of the pockets of dits. gram. law-abiding taxpayers—many of whom Sec. 301. Administrative Proceedings. The PRESIDING OFFICER. Without are victims of those behind bars—to Amends the Administrative Procedures Act objection, it is so ordered. create resorts for prisoners to mull June 16, 1995 CONGRESSIONAL RECORD — SENATE S 8565 around in is incomprehensible. The ra- ner, and will give them the much need- Last year in Liberia, I raised the tionale for this system is likely ed protection from the overreaching issue of child soldiers with members of summed up by Larry Meachum, com- Federal courts. More importantly, it the Transitional Government, and was missioner of correction in the State of will put the justice back in our crimi- told that this is truly a problem which Connecticut: ‘‘We must attempt to nal justice system and ensure that is rotting the country. UNICEF esti- modify criminal behavior and hope- criminals are not treated better than mates that thousands of children are fully not return a more damaged the victims.∑ participating in Liberia’s civil war—ei- human being to society than we re- f ther to avenge murders of their family ceived.’’ members or to make some hard-found Mr. President, I reject this liberal so- THE FIFTH ANNUAL DAY OF THE money—and that factions abuse their cial rehabilitation philosophy. I intro- AFRICAN CHILD young soldiers with alcohol, drugs, and duced legislation yesterday, the Prison ∑ Mr. FEINGOLD. Mr. President, I gunpowder. Work Act of 1995, which has a different rise today to observe the fifth annual Mr. President, while we recognize the message: prisons should be places of Day of the African Child, a day this progress made in Africa thus far, we work and organized education, not re- year which will focus international at- must not forget these daunting chal- sort hotels, counseling centers, or so- tention on Africa’s potential amidst lenges ahead. As we debate the role of cial laboratories. It ensures that time critical challenges. the United States in Africa, we must spent in prison is not good time, but The Day of the African Child was de- do so with an eye to the future, and rather devoted to hard work and edu- clared in 1991 to commemorate the with an appreciation for what inter- cation. This is a far more constructive massacre of South African school- national partnership can achieve.∑ children in the black township of approach to rehabilitation. f Specifically, the Prison Work Act re- Soweto 19 years ago. These elementary peals the social program requirements and high school children were shot and DAY OF THE AFRICAN CHILD of the 1994 crime bill and instead killed simply for protesting the deplor- Mrs. KASSEBAUM. Mr. President, makes the receipt of State prison con- able system of apartheid education. On ∑ I rise today to honor the fifth annual struction grant money conditional on this anniversary, we have the oppor- Day of the African Child. As chairman States requiring all inmates to perform tunity to celebrate the achievements of of the African Affairs Subcommittee, I at least 48 hours of work per week, and countries like South Africa, and reflect have long been concerned about Afri- engage in at least 16 hours of organized on the challenges ahead for the African ca’s children. educational activities per week. States child—indeed, the next generation of may not provide to any prisoner failing Africa. Earlier this year, the world commu- to meet the work and education re- There have been considerable strides nity lost one of its foremost champions quirement any extra privileges, includ- made in Africa over the last 30 years. for the cause of children, Mr. James ing the egregious items listed above. In partnership with the international Grant. As head of UNICEF, Jim Grant The critics of this legislation are community, the mortality rate of chil- worked tirelessly to improve the lives likely to portend that it is too costly dren under 5 has decreased by half of children all around the world, par- or too unworkable. However, as prison since 1960. The average life expectancy ticularly in Africa. His dedication, en- reform expert and noted author John in the subcontinent is now 54 years, 13 ergy, and moral leadership will be sore- DiIulio has pointed out, one-half of years longer than it was in 1960. Two- ly missed. On this day of African chil- every taxdollar spent on prisons goes thirds of African countries have immu- dren, we mourn his loss but also cele- not to the basics of security, but to nized 75 percent of all children under 5, brate his contributions. amenities and services for prisoners. and UNICEF reports that the govern- Since I first chaired the subcommit- However, these extra perks would be ments of Africa expanded the provision tee in 1980, there has been real and sig- severely restricted under my legisla- of safe water to over 120 million more nificant progress in improving the lives tion. No one failing to meet the work people during the 1980’s. Primary of children of Africa. Through the com- and organized study requirements school enrollment has risen dramati- mitment of African governments, pri- would have access to them, and since cally since the 1970’s for both boys and vate voluntary groups, and inter- the inmates would be occupied for 11 girls, with 69 percent of African girls national organizations like UNICEF, hours per day fulfilling the work and enrolled in primary school now. access to education has increased nota- study requirement, the opportunity for Yet, hardships continue for many Af- bly. The under-5 mortality rates are these costly privileges would be re- rican children. Life expectancy in Afri- now half what they were in 1960. Mal- duced. Moreover, to reduce operation ca is still 20 years behind that of devel- nutrition, while still affecting some 30 costs even further, prison labor could oped states. Basic health care is not ac- percent of African children, is less pro- be used to replace labor that is cur- cessible to half of all Africans. Chil- nounced than many had feared enter- rently contracted out. Thus, these pro- dren in Africa continue to die at 10 ing the 1980’s. grams could easily be implemented. times the rate of children in industri- But much remains to be done. I am The other charge will likely be that alized nations. particularly concerned about the dev- the Federal Government should not But today, in addition to hunger and astating effect of civil conflict on chil- micromanage State prison efforts. disease, war is also ravaging the minds dren. While political factions and However, this bill does not and bodies of Africa’s children. It is no armed groups fight for power, it is micromanage at all. Rather, States coincidence that the countries with the often the most vulnerable and voice- have been micromanaged by the Fed- first, second, and third highest rates of less—Africa’s children—who are most eral courts which have mandated that child mortality—Mozambique, Afghan- affected. Entire generations have lost States provide prisoners with every istan, and Angola—are those that have opportunities for basic education. possible amenity imaginable. For ex- been embroiled in the bloodiest of civil Many have lost parents and siblings. ample, Federal Judge William Wayne wars. Ethiopia, Somalia, and Liberia From Sudan to Angola, Rwanda to Li- Justice of the Eastern District Court are close behind. beria, the brutality of war has scarred required scores of changes in the Texas The armed conflicts throughout Afri- millions of innocent children. prison system, designed to improve the ca have taken their toll on the chil- Mr. President, the Day of the African living conditions of Texas prisoners. dren. Last year in Rwanda, for in- Child, June 15, commemorates the 1976 These changes increased Texas’s prison stance, almost 100,000 children report- uprising and massacre of the children operating expenses tenfold, from $91 edly were killed in just a few months. of Soweto, South Africa. Their struggle million in 1980 to $1.84 billion in 1994— In Sudan, according to a 1992 report by to bring down the inhumane apartheid even though the prison population only the U.N. High Commissioner for Refu- system vividly symbolizes the difficult doubled. gees, one criterion for conscription was plight of children in Africa. Their This legislation will empower State ‘‘the presence of two molar teeth’’: as a struggle, however, also represents the and local prison officials to operate result, almost 12,500 boys from the ages possibilities and hope for Africa as their systems in a cost-efficient man- of 9 to 16 years were enlisted. President Nelson Mandela finishes his S 8566 CONGRESSIONAL RECORD — SENATE June 16, 1995 first year as leader of a democratic, The theme of this year’s observance on the political issues of the day. Mr. nonracial South Africa. is ‘‘Children in Armed Conflict.’’ War President, I ask that the full text of Today we celebrate the progress that has a devasting affect on children. the letter be printed in the RECORD. has been made in bettering the lives of Prior to 1945, most of the victims of The letter follows: African children. But today also stands war were soldiers. In the 160 wars and MOLINE, IL. as a challenge to all of us to continue conflicts since 1945, 80 percent of the Senator PAUL SIMON, efforts to improve education and basic dead and wounded have been civilians— U.S. Senate, health care for all the children of Afri- most of them women and children. The Washington, DC. ca. Their future is the hope for the en- effect of armed conflict on African DEAR SENATOR SIMON: Although you may not realize it Africa has come a long way, tire African Continent.∑ women and children has been particularly devastating. Ninety-two percent with outside aid. If you cut off aid some f projects in Africa that have been started re- of the war-related deaths in Africa are cently may fall part without aid until they COMMEMORATING THE DAY OF women and children. In the Sudanese can sustain themselves. Africa still has a THE AFRICAN CHILD war, children die at 14 times the rate of way to go, but it is a place of hope. Please government and guerrilla soldiers com- don’t cut off aid to the Development Fund ∑ Mr. SIMON. Mr. President, today bined. Most often, in conflict zones for Africa! marks the 19th anniversary of the children die as a result of the dispersal The United States of America has a duty Soweto massacre where more than 100 that leads to malnutrition and disease. to itself and the rest of the world. That duty black South African students—chil- Child mortality rates are highest in is to help all people whether they can repay dren—were killed while protesting those countries that are ravaged by debts or not. One tenth of one percent of the against the tyranny of South African budget is not very much money to give to armed conflicts. As we observe the Day those in need. Africa doesn’t just take aid apartheid. These children are martyrs of the African Child let us also commit to the cause of freedom and justice. from people it has been its own resources, ourselves to playing whatever positive which are scarce. The government’s duty is Their sacrifices, along with those of role we can through diplomacy, sup- to make sure Africa does not lose all aid, but many others, contributed to a far port for U.N. peacekeeping operations, develop enough not to need it. brighter future in South Africa than or whatever measures appropriate to You may wonder why a thirteen year old could have been foreseen at that time. help resolve those conflicts that still would be concerned about Africa. One reason And so, June 16 has been designated by remain on the African Continent. is that I want society to be on equal terms the Organization of African Unity as There has been great progress in end- with all people when I am an adult. Another reason is that if America ever needed African the ‘‘Day of the African Child.’’ On this ing conflicts on the African Continent day, we not only mark the past, but we resources I would hope Africa would help us over the last decade. Much more has to in our time of need. I also hope for world should also commit ourselves to creat- be done. peace which can be achieved only through ing a brighter future for the children of I join today with the Organization of kindness, recognizing fellow humans, and Africa. African Unity, the United Nations helping those in need. Thank you for your Our commemoration of the children Children’s Fund and all those who care time. of Soweto should be solemn, as we re- about the health and well-being of all Sincerely, flect on the loss of far too many Afri- the world’s children in recognizing JULIE HARONIK.∑ can children to conflict and war, to dis- June 16 as the Day of the African f ease, to famine, and to the neglect of a Child. I salute the U.S. Committee for world that often cares more about UNICEF for its hard work in organiz- CIVIC EDUCATION GATHERING IN amassing material wealth than about ing today’s celebration. Let us resolve PRAGUE ensuring the health and well-being of to do all that we can to provide hope ∑ Mr. HATFIELD. Mr. President, dur- all of its children. An African child de- for Africa’s children that they may ing the first few days of June, one of serves no less than any other child have the kind of future that each of us the largest international gatherings of born anywhere else in the world. They wants for our own children. educators and representatives of the deserve to be cared for, to be protected, Mr. President, on the topic of aid to public and private sectors supporting to have adequate food, shelter, and Africa, I would like to share with my civic education met in Prague, Czecho- health care, to have safe drinking colleagues a letter I received from a slovakia. Four hundred and twenty-five water, to be educated, and to live in a young lady, Miss Julie Haronik, from representatives from 52 nations partici- peaceful world. Yet, a child born in Moline, IL. Julie is 13 years old and she pated. sub-Saharan Africa has a life expect- wrote to me asking that we maintain Entitled [email protected], ancy 20 years shorter than a child born the Development Fund for Africa. the conference was sponsored by 36 in an industrialized country. An Afri- I have received many letters support- civic education organizations from can child is 8 times less likely to suring foreign aid to Africa over the last North America, Western and Eastern vive infancy and 10 times less likely to month. Julie’s letter demonstrated Europe, and the former Soviet Union. survive beyond 5 years old than a child how a child can sometimes be wiser, A declaration was adopted by in an industrialized country. The more caring, and more compassionate CIVITAS participants that asserts the mother of an African child is 29 times than many adults far older than her- essential importance of civic education more likely to die in childbirth than self. Among Julie’s reasons for support- for developing the support required for the mother of a child in the industri- ing aid to Africa, she says that, ‘‘If you the establishment and maintenance of alized country. As many as 30 percent cut off aid some projects in Africa that stable democratic institutions. Con- of African children suffer from mal- have been started recently may fall stitutional democracies must ulti- nutrition. Only 45 percent of Africans apart without aid [before] they can sus- mately rely upon citizens and leaders have access to safe drinking water. tain themselves.’’ In the last paragraph possessing a reasoned commitment to Thanks to U.S. assistance, there has of Julie’s letter she writes: those fundamental values and prin- been progress in reducing the under-5 You may wonder why a thirteen year old ciples which enable them to flourish. mortality rate, increasing child immu- would be concerned about Africa. One reason Stable democracies, in turn, are vital nizations and increasing life expect- is that I want society to be on equal terms for economic development, national se- ancy over the last 30 years. But clear- with all people when I am an adult. Another curity, and for overcoming destructive reason is that if America ever needed an Af- ly, there is much work to be done. As rican resource I would hope Africa would religious and ethnic conflicts. The dec- we commemorate the Day of the Afri- help us in our time of need. I also hope for laration also argues that civic edu- can Child let us also recognize the very world peace which can be achieved only cation should have a more prominent positive affect that our foreign assist- through kindness, recognizing fellow hu- place in the programs of all governance has on improving the prospects mans, and helping those in need. ments and international organizations. for Africa’s children to have healthy, I am so proud of this young lady both American participation in the project productive lives—to have no less than for her world outlook and compassion was organized by a steering committee what we would want for our own chil- for others, and for her willingness to composed of representatives of the dren. write and participate in public debate Center for Civic Education, American June 16, 1995 CONGRESSIONAL RECORD — SENATE S 8567 Federation of Teachers, National En- rity and Cooperation in Europe, the United worked to increase security for union dowment for Democracy, Institute for Nations, UNESCO, and the World Bank. members while at the same time help- Democracy in Eastern Europe, We seek an active personal and electronic ing improve the quality of both work on-line-exchange (through CIVNET) of cur- Mershon Center at Ohio State Univer- ricular concepts, teaching methods, study and work life in the plants. Bieber has sity, and the Social Studies Develop- units, and evaluation programs for all ele- focused the union on efforts to raise ment Center at Indiana University. All ments of continuing education in civics, eco- wages, protect jobs, strengthen work these groups worked in cooperation nomics, and history. place safety and ensure fully paid with the U.S. Department of Education We pledge ourselves to create and main- health care. Under Bieber’s leadership, and the U.S. Information Agency. tain a worldwide network that will make the UAW established and fostered suc- I urge my colleagues to join me in civic education a higher priority on the cessful bargaining relationships with supporting this declaration and in giv- international agenda.∑ Japanese manufacturers. Bieber also ing greater recognition to the need to f expanded membership in the UAW to improve civic education for students in THE 31ST CONSTITUTIONAL CON- include workers in the media, aca- the United States and in other nations VENTION OF THE UNITED AUTO demia, and government. throughout the world. WORKERS Owen Bieber has also expressed a The text of the CIVITAS declaration strong commitment to civil and human follows: ∑ Mr. LEVIN. Mr. President, the Unit- rights, both at home and abroad. Dur- ed Auto Workers are concluding their CIVIC EDUCATION—AN INTERNATIONAL ing his tenure as president, the world PRIORITY 31st Constitutional Convention today saw workers win their basic rights in On June 2–6, 1995, representatives from in Anaheim, CA. This is a momentous countries such as Poland and South Af- fifty-two countries met in Prague at one of occasion, marking the end of one era rica. These struggles were strongly the largest international meetings on civic and the beginning of another for one of supported by the UAW. In 1986, Bieber education ever held. The following is a dec- the world’s most important labor orga- negotiated on behalf of South African laration adopted by the participants. A list nizations. Owen Bieber, who has held workers who were jailed without being of the individual signers is available on the presidency for the past 12 years, CIVNET. charged with a crime. A high point of has retired and has handed over his du- his career came in 1990, when Bieber The wave of change toward democracy and ties to Stephen Yokich, the incoming the open economy that swept the world at had the opportunity to escort recently the beginning of this decade has slowed, and, president. Each of these leaders, with freed Nelson Mandela through Ford in some respects, even turned around. Reli- over 75 years of service to the UAW be- Motor Company’s Rouge plant. gious and ethnic intolerance; abuses of tween them, has made it his life’s work Throughout the years, Bieber has al- human rights; cynicism toward politics and to fight for workers’ rights both in the ways remained committed to his local government; corruption, crime and violence; United States and around the world. community. He has also been a strong ignorance, apathy and irresponsibility—all They carry on an outstanding tradition booster of the city of Detroit, where represent growing challenges to freedom, the of progressive union leadership that the union is headquartered. His broad marketplace, democratic government, and was established by the late Walter Reu- the rule of law. civic involvement has included such or- All this makes clear how central knowl- ther and continued by Leonard ganizations as the NAACP and the edge, skills, and democratic values are to Woodcock and Douglas Fraser. United Way. building and sustaining democratic societies Owen Bieber has dedicated more than Owen Bieber has always shown the that are respectful of human rights and cul- 45 years of his life to promoting fair highest regard and respect for the tural diversity. Once again, we see the im- labor standards. Bieber went to work American worker. This giant of a man portance of education which empowers citi- right after high school bending wire for has also been a booming voice for a zens to participate competently and respon- car seats at the McInerney Spring and sibly in their society. tough and fair American trade policy. Despite great differences in the more than Wire Company in Grand Rapids, Michi- It is only fitting that now, as he re- fifty countries represented among us, we find gan. In 1948, he became a member of tires, we have an administration that many similarities in the challenges we face UAW Local 687, thus beginning a jour- is willing to stand up for American in our civic life. These challenges exist not ney that would see him rise to the manufacturers and American workers only in the countries represented here; they highest level of the organization. and to insist that foreign markets are also exist in other parts of the world, and in Bieber was quickly voted in to several as open to our products as our markets all aspects of social, economic, and political leadership positions and in 1956, he was are to imports. life. People involved in civic education have elected president of Local 687. Bieber The new president, Stephen Yokich, much to learn from one another. It is time again to recognize the crucial served as president of the local until has spent the past three decades work- role that civic education plays in many areas 1961, when he was appointed to be a ing on behalf of labor. The UAW has al- of concern to the international community: staff representative for UAW Region ways meant a great deal to Yokich and Shared democratic values, and institutions 1D. He remained with UAW Region 1D his family. Both of Yokich’s parents that reflect these values, are the necessary for the next 20 years. He was elected re- and grandfathers were members of the foundation for national and international se- gional director in 1974, and reelected in UAW. Yokich has been one the UAW’s curity and stability; The breakup of Cold 1977. In 1980, delegates to the Union’s strongest negotiators. Yokich has been War blocs, while bringing much good, has 26th Constitutional Convention elected in charge of UAW’s General Motors De- also created openings for aggressive and un- democratic movements, even in the estab- him to be an international vice-presi- partment since 1989. He was on hand to lished democracies themselves; Civic devel- dent and he then took charge of the oversee the downsizing of GM’s work opment is an essential element in—not just a UAW’s largest department—General force. Yokich’s handling of the situa- side effect of—economic development. In- Motors. His final step to the presidency tion enabled more workers to keep vestments and guarantees made by private of the UAW came at the 27th Constitu- their jobs and has ultimately led to a enterprise, governments, and international tional Convention in Dallas in 1983. more cooperative relationship between financial institutions will fail where politi- Since then, he has been reelected every the UAW and GM. One of his main re- cal and legal systems fail, and where corrup- 3 years, with his fourth and final term sponsibilities in the near future will be tion and violence flourish. The challenge of civic education is too beginning in 1992. to increase UAW membership, a task great for educators alone. They need far Owen Bieber has always been com- that will benefit from his great per- greater cooperation from their own peoples, mitted to the belief that in order for sonal energy. governments, and the international commu- U.S. industry to be successful, there It is heartening to see that the lead- nity. must be a strong partnership between ership of one of the world’s most im- We seek increased support for civic edu- management and labor. As UAW presi- portant labor organizations will re- cation—formal and informal—from the dent, Bieber’s strategy of building new main in able hands. I know my Senate widest range of institutions and govern- cooperation with the auto companies colleagues join me in congratulating ments. In particular, we urge greater involvement in civic education by inter- laid the foundation for future success. these two outstanding leaders for the national organizations such as the Council of It is this strategy that has allowed the extraordinary work they have done on Europe, the European Union, the North At- U.S. auto industry to bounce back and behalf of our Nation’s workers and for lantic Assembly, the Organization for Secu- once again lead the world. Bieber has their efforts to make our automobile S 8568 CONGRESSIONAL RECORD — SENATE June 16, 1995 industry the foremost example of strengths of this union—I have no doubt that a time when millions of workers were losing American manufacturing. I ask that the UAW’s future will be even greater than that benefit. the text of the remarks of Owen Bieber our past. And what about our retirees? Did we take care of those who built this at the UAW’s 31st Constitutional Con- Let me speak, for a moment, of the nature of our times and the opportunities they cre- great union? vention be placed in the RECORD follow- ate. We sure did. ing my statement. As many of you have heard me say before, And did we uphold the UAW’s pioneering The text of the remarks follows: a new economic order has upset boundaries tradition, when it came to gaining worker REMARKS OF OWEN BIEBER and assumptions that guided our society for involvement in decisions on sourcing and quality and manufacturing design? Brothers and sisters, I cannot tell you how many decades. Did we break new ground when it comes to much that video tribute, and how much your Corporate globalization . . . new tech- education and training, child care services warm applause means to me. nology . . . the end of the cold war . . . and and assistance for workers’ personal prob- What I can tell you is that when all is said the relentless commercialization of our val- lems? and done—it is you and those you represent ues are pulling and tugging with great force at our social fabric. You know the answer. who have—time and again, inspired me. Add it all up and this whole union has a lot It is your passion for justice, your love of As a result, fear and frustration are being expressed from many points on the compass. to be proud of. your country and your love for the UAW that Brothers and sisters, as well as we have drives this union. We hear it in the bitterness of the debate over affirmative action and immigration. done at the collective bargaining table, that It is you who have created the opportuni- is by no means the extent of our accomplish- ties for me to take the UAW’s message from We felt it in the explosion in Oklahoma City. ments. California to South Africa. Let’s look at our impact on politics and It is the clout of one-point-three million It is part and parcel of the coast-to-coast angry talk show voices that denounce the le- legislative issues. active and retired UAW members, that has A very good place to begin is with the fight gitimacy of our government . . . day . . . carried me to the offices of Presidents and that’s going on right now to bring fairness to Senators and CEO’s. after . . . day . . . after . . . day. By the way, as First Lady Hillary Clinton the economics of global trade. Without this union, a young worker in an I don’t know if you noticed or not, but the suggested back in Michigan recently—aren’t auto parts plant in Grand Rapids, Michigan Wall Street Journal recently paid this union any of those people ever in a good mood? could hardly dream of meeting Lech Walesa quite a compliment. Not that I can tell. or Nelson Mandela or Bill and Hillary Clin- In a lead editorial, they said, in so many As I have said, it’s obvious that many peo- ton—let alone actually do so. words, that the reason that something is ple react to political, social and economic It is also the collective UAW that has gen- done about trade is because the UAW has change with fear and uncertainty. erated the great team of colleagues I have made so much noise and created so much I, however, see something very different. had the privilege to work with over the pressure on this issue. I see a time of hope and opportunity. years. Well, brothers and sisters, on behalf of the Why is that? Leonard Woodcock and Doug Fraser, espe- thousands of UAW members who have fought What do I see that others don’t? cially, have been there for advice and coun- long and hard for fairness from the Japanese, sel whenever I needed them. I see the drive that inspires men and women to band together for justice, as we in I propose we accept the compliment from the Ken Bannon, Don Ephlin, Martin Gerber, Wall Street Journal with a big round of ap- Pat Greathouse, Irving Bluestone, Marc the trade union movement have done. My friends, I have spent all of my adult life plause. Stepp, Odessa Komer, Olga Madar and re- And while we’re at it, let’s also give a in this union. tired board members have also remained cheer to President Bill Clinton for standing And believe you me, I know first-hand that loyal supporters and advisors. up to the Wall Street Journal and the rest of life for our members now is better than it I cannot think of anyone I would rather the free-trade hypocrites—not to mention was when I joined the UAW . . . forty-seven have had on my side and at my side for the the Japanese themselves. years ago. battles we’ve been through than Steve It’s about time we had a President with the Much better. Yokich, Stan Marshall, Ernie Lofton, Caro- guts to act on this issue. Brothers and sisters, a lifetime spent in lyn Forrest, and Secretary-Treasurer, Bill Brothers and sisters, the President is ex- the UAW does not make one fearful of Casstevens. actly right when he says that one-way trade change. In case you don’t already know this, let me is not free trade at all. To the contrary, a lifetime in the UAW tell you that the thing about the president’s He is taking a lot of heat in this struggle makes one aware of the desire and the abil- staff is that they are supposed to be kind of and he deserves our support. invisible. ity of working people to control their own It is time for us to, show, again, where we But believe you me, without Dick Shoe- destiny. stand. maker and the rest of my fine staff and de- A lifetime in the UAW makes one aware of Let us write and call our Senators and partment heads, this union would be no- the value of collective action. House members in support of the President’s where near as effective as we have been. Call it solidarity . . . call it brotherhood courageous position on auto trade with the There are many unsung warriors in the and sisterhood . . . call it what you will—it Japanese. UAW army, but I think there are none who is what happens when the power of commu- Let me go further. contribute more than our clerical staff, and nity hooks up with the power of justice. It is also important to mobilize now be- I thank them for the great work they do. As I said in the video we saw earlier—that cause the President needs our help in fight- I want to say a special word about my per- is a tradition that I have been proud to up- ing the budget-cut atrocities that the Repub- sonal secretary, Mary Shoemaker, who has hold. licans will try to impose on our country’s been of great help to me and I thank her for I am proud of what this union did for our working families in the next one-hundred that. members, during very difficult times. days. You know when you elect a president of When you look back at the 80’s and 90’s, if As we approach these battles—let us not the UAW—whether they like it or not—you there was any kind of insurance . . . any surrender to defeatism. are electing their family to serve, as well. kind of protection . . . any kind of good for- I tell you, brothers and sisters: the Repub- The family, too, must adjust to the travel tune that a working man or woman could licans are weaker now than they were when and the long hours and the phone calls that have that delivered more than being a mem- Congress convened last January. can come at any time. ber of the UAW—I cannot think what it They do not have a popular mandate to They, too, carry the weight of the office. might be. wreck the country and it is our job to make In my own case, my wife, Shirley, has, in The record speaks for itself. sure they know that. essence, worked for this union for many No union did better at defending the stand- Let me tell you one more thing. years. ard of living of its members. None. It is critical that we line up with President Thanks to all of those I have mentioned In insecure times . . . did we break new Clinton now for one more reason. and many, many more that I have not—it is ground on job security? The 1996 elections will be here sooner than a remarkable life I have had. Yes, we did. you can blink an eye. It is, I hope, a life that has taught me a Did we make our workplaces healthier and And make no mistake about it—it is Bill thing or two along the way. safer? Clinton who is standing between us and Phil Brothers and sisters, as I look back across We sure did. Gramm . . . or Bob Dole . . . or, God forbid, the twelve years you have given me the Did we set out to defend the core idea of Pat Buchanan, coming to live in the White honor of serving you as president . . . and as employer-paid health care that previous House in January of 1997. I look forward to the future—one thing in UAW generations fought so hard to win? Need I say more? particular stands out as strong and clear as And did that idea come under attack in I don’t think so. the sun on a bright, shiny morning. every single negotiation we entered? Turning now to another subject—as we all It is this: You know it did. know, there is a huge gap between the ac- When you put the opportunities that are But you know, too, that UAW members complishments of the UAW . . . and how we before us, together with the rock solid held on to employer-paid health care during are perceived. June 16, 1995 CONGRESSIONAL RECORD — SENATE S 8569 Generally speaking, unions do not get the it was sixty years ago when this great union You have never let your union down. credit we deserve for what we contribute to was founded. For that, I say thank you from the bottom the lives of our members or the well-being of Now, as then, the questions before us have of my heart. our society. to do with how to distribute the wealth that And on Thursday I will hand over the gavel Well, you know what, brothers and sis- dynamic new economic developments have knowing that this union’s future will be even ters—I say the time has come to quit believ- the potential to create. greater than its past. ing what our critics say about us. We are a richer country today than we Thank you again for everything.∑ I say it’s time to rely not on what some- have ever been. body else says, but on what we know. Yet more people are poor. f It is time to say—enough—to those who We were once a rich country that led the say that the trade union movement is too world in the just distribution of wealth. RECOGNITION OF WHITE HOUSE weak and too small and too old-fashioned to Now, we lead the industrialized world in CONFERENCE ON SMALL BUSINESS make a difference in today’s world. how unfairly wealth is distributed. It is time to quit believing the propaganda That is not just sad. It’s dangerous. ∑ Mr. CHAFEE. Mr. President, as I’m put out by corporations, politicians and the For if there is one lesson that emerges sure my colleagues are aware, this media who want us to feel powerless and be from the twentieth century, it is this: How week Washington has been host to the powerless so that they may be even more fairly wealth is distributed has a great deal White House Conference on Small Busi- powerful. to do with how much wealth gets created. ness. This officially sanctioned con- Brothers and sisters, ask yourself this We have also demonstrated in the past, ference brings small businesspeople question . . . if we’re so damn weak, why that we will commit the financial means to from all over the country together to have powerful corporations spent hundreds sustain us in long and difficult collective of millions of dollars to create a union-bust- bargaining and organizing campaigns. make recommendations to the Presi- ing industry in this country? Speaking of organizing, all across this dent and the Congress regarding policy And just why do they work so hard to union, in workplaces large and small, we changes that are needed to improve the make union organizing so difficult? have demonstrated that we can help workers Nation’s business climate. And have you ever wondered about this: organize under the most difficult conditions. In the past, many of the proposals Why does the media write our obituary . . . Not only is that true in our traditional in- made by the Conference have later dustrial base—it’s true in the growing serv- over and over and over again? been adopted by both the executive and Let’s really think about this. ice sector as well. You don’t read story after story about how In fact, the UAW is now represented in just legislative branches. The process of the Prohibition Party is dead do you? about every section of the economy. bringing together those that our ac- Of course not. By way of example, Local 6000, which rep- tions affect directly for their input is a That’s because the Prohibition party real- resents the state employees of Michigan, is fine example of the kind of commu- ly is dead! now the largest local in the entire UAW. nication and democratic governance They don’t have to write their obituary There is another kind of diversity that is that sets our Nation apart. over and over like they do ours. also a basic UAW strength. Sometimes I wonder who is it they are try- Our union unites whites, blacks, I take the recommendations of the ing to convince—themselves, or us? Latinos ... and men and women, as does no Conference most seriously. Rhode Is- Either way, my friends—it’s time to quit other organization in American life. land is a State of small business. Of the believing this baloney about how weak we In a time of media manipulation and hate- nearly 25,000 firms doing business in are. mongering—that unity is a mighty weapon my State, over 21,000 of those have It is time to put our media-induced inferi- in the fight for justice and democracy. fewer than 20 employees. Enterprises ority complex behind us. In that same spirit, I would also point out with less than 20 employees account for It’s time for us to stand up to convicted that the UAW has a solid and growing core of felons and right-wing wackos like G. Gordon experienced, dynamic and talented trade more than 50 percent of the payroll ex- Liddy, Rush Limbaugh, and Bo Gritz. union women. penditures in our State each year. There is nothing to be gained by keeping The UAW also possesses widely respected Clearly, then, what helps small busi- our mouths shut, and our pens in our pock- technical expertise in its legal; research; ness helps Rhode Island. One of the ets. health and safety; retired workers, commu- most important themes Rhode Island’s Let’s start talking back to talk radio and nications; social security; community serv- delegation has sounded throughout the writing more letters to the editor than ever. ice; political action and other departments. Conference and the preliminary activi- Let’s be clear here about something else. And speaking of political action—we have It is not trade unions that are dinosaurs a political army of active and retired mem- ties associated with its is the extraor- left over from some other age. bers that is second to none. dinary role the Small Business Admin- It’s the G. Gordon Liddy’s who find them- Another great strength is the leadership istration [SBA] has played in our selves in the wrong century and I’m sick and that is nominated to take the reins of this State. tired of those who try to tell us differently. union. As my colleagues will recall, Rhode The truth is the truth. They are battle tested. They are smart. Island suffered a double-whammy in It is trade unions who have proven time They are dedicated and hard-working. They the early 1990’s. We had the same reces- and again that we can and do adapt to new have a clear vision of the future. circumstances. They are the right leaders, in the right sion experienced by the rest of the Na- The UAW was born from the challenges time, at the right place to do what needs to tion—but it was quite a bit worse in created by the new industrial economy of the be done. our manufacturing State. On top of 1930’s. What’s more, come next fall, they will that recession, we also had a private Since then we’ve shifted from peace to war have the added advantage of dynamic new deposit insurance collapse that led to and back again. leadership in the AFL–CIO. the closing of many of our credit We’ve been leaders in integrating minori- Finally, the most important reason for my unions, the lender of choice for many ties into our economic, political and social confidence in our future is represented right life. here in this room. of our small businesses. The net result We’ve brought trade unions into new sec- It is the membership of this union—the was an economic downturn tors of the economy and new places on the men and women that elected you to be compounded by a credit crunch of con- globe. here—that make up our ultimate weapon. siderable proportions. From the Chrysler bailout forward, we It is you, and those like you, in workplaces It was at this point that our Provi- helped American industry turn around from all over this country who build this union dence SBA office began to work with its deepest peacetime crisis ever. and keep it strong. our surviving private lenders to estab- We’ve helped Ford and GM and John Deere And it is you for whom I have been proud and lot’s of other companies change with the to work as your president. lish designated small business lending times. I welcome, therefore, this opportunity to funds that the SBA would consider And just so there is no confusion in any- say thank you for all that you have done for guaranteeing on a case-by-case basis. one’s mind—this entire union remains one- me * * * and all that you have meant to me This activist, entrepreneurial approach hundred percent solid in supporting the over the years. is one important ingredient in the struggle of our members at Caterpillar. No matter how trying the times, I knew small business recovery that has oc- They are trying to keep that company that I could always count on you. curred. Lending is up; in 1994 the SBA from backsliding completely into the nine- I knew that with teamwork in the leader- teenth century. ship and solidarity in the ranks—I could call backed nearly 300 loans in Rhode Is- And they have our full support. on this membership at any time. land, And in 1995 expectations are that You know, when you look at it closely, the And I have done so, many times. the agency will guarantee over 500 basic situation now is very much the same as You have never let me down. small business loans. S 8570 CONGRESSIONAL RECORD — SENATE June 16, 1995 This rapid expansion is also a func- TELECOMMUNICATIONS COMPETI- TITLE IV—OBSCENE, HARASSING, AND tion of the Federal Government’s deci- TION AND DEREGULATION ACT WRONGFUL UTILIZATION OF TELE- COMMUNICATIONS FACILITIES sion to use fees to offset the cost of ex- The text of the bill (S. 652) entitled Sec. 401. Short title. panding SBA lending authority. It is the ‘‘Telecommunications Competition likely that further reductions in SBA’s Sec. 402. Obscene or harassing use of tele- and Deregulation Act,’’ as passed by communications facilities subsidy rate will be used to preserve the Senate on June 15, 1995, is as fol- under the Communications Act the SBA’s ability to meet demand at lows: of 1934. the same time that SBA’s cost of doing S. 652 Sec. 403. Obscene programming on cable tel- business are reduced. I applaud this evision. Be it enacted by the Senate and House of Rep- Sec. 404. Broadcasting obscene language on and other changes being made at SBA resentatives of the United States of America in radio. that will allow programs to continue Congress assembled, even while SBA does its part in reduc- Sec. 405. Separability. SECTION 1. SHORT TITLE. Sec. 406. Additional prohibition on billing ing the Federal deficit. This Act may be cited as the ‘‘Tele- for toll-free telephone calls. Thus, Mr. President, the SBA is im- communications Competition and Deregula- Sec. 407. Scrambling of cable channels for portant to Rhode Islanders. I look for- tion Act of 1995’’. nonsubscribers. ward to working with the chairman of SEC. 2. TABLE OF CONTENTS. Sec. 408. Scrambling of sexually explicit the Senate Small Business Committee, The table of contents for this Act is as fol- adult video service program- lows: ming. Senator BOND, and other small business Sec. 1. Short title. Sec. 409. Cable operator refusal to carry cer- backers as we work our way through tain programs. this year’s appropriations bills and try Sec. 2. Table of contents. Sec. 3. Purpose. Sec. 410. Restrictions on access by children to preserve the positive contributions Sec. 4. Goals. to obscene and indecent mate- of the SBA. Sec. 5. Findings. rial on electronic information As further evidence of Rhode Island- Sec. 6. Amendment of Communications Act networks open to the public. ers’ strong support for this program, I of 1934. TITLE V—PARENTAL CHOICE IN ask that a resolution recently approved Sec. 7. Effect on other law. TELEVISION Sec. 8. Definitions. by the Rhode Island General Assembly Sec. 501. Short title. TITLE I—TRANSITION TO COMPETITION be printed at the conclusion of my re- Sec. 502. Findings. Sec. 503. Rating code for violence and other marks. Sec. 101. Interconnection requirements. Sec. 102. Separate affiliate and safeguard re- objectionable content on tele- The resolution follows: quirements. vision. JOINT RESOLUTION Sec. 103. Universal service. Sec. 504. Requirement for manufacture of Sec. 104. Essential telecommunications car- televisions that block pro- Whereas, the U.S. Small Business Adminis- riers. grams. tration was created in 1953 by President Sec. 105. Foreign investment and ownership Sec. 505. Shipping or importing of tele- Dwight D. Eisenhower to foster the growth reform. visions that block programs. of small entrepreneurs, and Sec. 106. Infrastructure sharing. TITLE VI—NATIONAL EDUCATION Whereas, our Nation’s economic prosperity Sec. 107. Coordination for telecommuni- TECHNOLOGY FUNDING CORPORATION is linked directly to the health of the small cations network-level inter- business community, and Sec. 601. Short title. operability. Sec. 602. Findings; purpose. Whereas, the Rhode Island business com- TITLE II—REMOVAL OF RESTRICTIONS Sec. 603. Definitions. munity is comprised of over 97 percent small TO COMPETITION Sec. 604. Assistance for educational tech- businesses, and SUBTITLE A—REMOVAL OF RESTRICTIONS nology purposes. Whereas, small businesses have grown 49 Sec. 201. Removal of entry barriers. Sec. 605. Audits. percent since 1982, they employ 54 percent of Sec. 202. Elimination of cable and telephone Sec. 606. Annual report; testimony to the the American work force, account for 50 per- company cross-ownership re- Congress. cent of the gross domestic product, and ac- striction. TITLE VII—MISCELLANEOUS count for 71 percent in new job growth in Sec. 203. Cable Act reform. PROVISIONS 1993, and Sec. 204. Pole attachments. Sec. 701. Spectrum auctions. Whereas, the Small Business Administra- Sec. 205. Entry by utility companies. Sec. 702. Renewed efforts to regulate violent tion’s (SBA) 504 and 7(a) financing programs Sec. 206. Broadcast reform. programming. are a public/private partnership that SUBTITLE B—TERMINATION OF MODIFICATION Sec. 703. Prevention of unfair billing prac- leverages private dollars and allows for con- OF FINAL JUDGMENT tices for information or serv- tinued access to capital for Rhode Island’s ices provided over toll-free tele- small business community, and Sec. 221. Removal of long distance restrictions. phone calls. Whereas, SBA’s technical resources includ- Sec. 222. Removal of manufacturing restric- Sec. 704. Disclosure of certain records for in- ing the Small Business Development Center tions. vestigations of telemarketing at Bryant College and the Service Corps of Sec. 223. Existing activities. fraud. Retired Executives provide much needed Sec. 224. Enforcement. Sec. 705. Telecommuting public information counseling to the Rhode Island small busi- Sec. 225. Alarm monitoring services. program. ness community, and Sec. 226. Nonapplicability of Modification of Sec. 706. Authority to acquire cable sys- Whereas, the Rhode Island SBA District Final Judgment. tems. Office has approved over 800 loans totaling TITLE III—AN END TO REGULATION SEC. 3. PURPOSE. $168.5 million in guarantee and 504 financing It is the purpose of this Act to increase Sec. 301. Transition to competitive pricing. to the Rhode Island small business commu- competition in all telecommunications mar- Sec. 302. Biennial review of regulations; nity from October 1992 to present, and kets and provide for an orderly transition elimination of unnecessary reg- Whereas, this financial assistance has from regulated markets to competitive and ulations and functions. played a vital role in reviving the Rhode Is- Sec. 303. Regulatory forbearance. deregulated telecommunications markets land economy; now be it Sec. 304. Advanced telecommunications inconsistent with the public interest, conven- Resolved, That the General Assembly of the centives. ience, and necessity. State of Rhode Island and Providence Plan- Sec. 305. Regulatory parity. SEC. 4. GOALS. tations hereby respectfully requests the Sec. 306. Automated ship distress and safety This Act is intended to establish a national United States Congress to financially sup- systems. policy framework designed to accelerate rap- port the U.S. Small Business Administration Sec. 307. Telecommunications numbering idly the private sector deployment of ad- and its 7(a) and 504 financing programs, as administration. vanced telecommunications and information well as its education/training and advocacy Sec. 308. Access by persons with disabilities. technologies and services to all Americans programs, and be it further Sec. 309. Rural markets. by opening all telecommunications markets Resolved, That the Secretary of State be Sec. 310. Telecommunications services for to competition, and to meet the following and he hereby is authorized and directed to health care providers for rural goals: transmit a duly certified copy of this resolu- areas, educational providers, (1) To promote and encourage advanced tion to the Speaker of the U.S. House of Rep- and libraries. telecommunications networks, capable of en- resentatives and the President of the United Sec. 311. Provision of payphone service and abling users to originate and receive afford- States Senate, and to the Rhode Island Dele- telemessaging service. able, high-quality voice, data, image, graph- gation in the Congress of the United States.∑ Sec. 312. Direct Broadcast Satellite. ic, and video telecommunications services. June 16, 1995 CONGRESSIONAL RECORD — SENATE S 8571 (2) To improve international competitive- ers as well as new entrants into the tele- Court, District of Columbia), and includes ness markedly. communications marketplace, provided that any judgment or order with respect to such (3) To spur economic growth, create jobs, any responsibilities placed on providers action entered on or after August 24, 1982, and increase productivity. should be the minimum required to advance and before the date of enactment of this Act. (4) To deliver a better quality of life a clearly defined public policy goal. (3) GTE CONSENT DECREE.—The term ‘‘GTE through the preservation and advancement (10) Congress should not cede its constitu- Consent Decree’’ means the order entered on of universal service to allow the more effi- tional responsibility regarding interstate December 21, 1984, as restated January 11, cient delivery of educational, health care, and foreign commerce in communications to 1985, in United States v. GTE Corporation, and other social services. the Judiciary through the establishment of Civil Action No. 83-1298 (United States Dis- SEC. 5. FINDINGS. procedures which will encourage or neces- trict Court, District of Columbia), and in- The Congress makes the following findings: sitate judicial interpretation or intervention cludes any judgment or order with respect to (1) Competition, not regulation, is the best into the communications marketplace. such action entered on or after January 11, way to spur innovation and the development (11) Ensuring that all Americans, regard- 1985, and before the date of enactment of this of new services. A competitive market place less of where they may work, live, or visit, Act. is the most efficient way to lower prices and ultimately have comparable access to the (4) INTEGRATED TELECOMMUNICATIONS SERV- ICE PROVIDER.—The term ‘‘integrated tele- increase value for consumers. In furthering full benefits of competitive communications communications service provider’’ means the principle of open and full competition in markets requires Federal and State authori- any person engaged in the provision of mul- all telecommunications markets, however, it ties to work together affirmatively to mini- tiple services, such as voice, data, image, must be recognized that some markets are mize and remove unnecessary institutional graphics, and video services, which make more open than others. and regulatory barriers to new entry and common use of all or part of the same trans- (2) Local telephone service is predomi- competition. mission facilities, switches, signalling, or nantly a monopoly service. Although busi- (12) Effectively competitive communica- control devices. ness customers in metropolitan areas may tions markets will ensure customers the (b) TERMS USED IN THE COMMUNICATIONS have alternative providers for exchange ac- widest possible choice of services and equipment, tailored to individual desires and ACT OF 1934.—Section 3 (47 U.S.C. 153) is cess service, consumers do not have a choice amended by adding at the end thereof the of local telephone service. Some States have needs, and at prices they are willing to pay. (13) Investment in and deployment of exist- following: begun to open local telephone markets to ‘‘(gg) ‘Modification of Final Judgment’ ing and future advanced, multipurpose tech- competition. A national policy framework is means the decree entered on August 24, 1982, nologies will best be fostered by minimizing needed to accelerate the process. in United States v. Western Electric Civil government limitations on the commercial (3) Because of their monopoly status, local Action No. 82-0192 (United States District telephone companies and the Bell operating use of those technologies. Court, District of Columbia), and includes companies have been prevented from com- (14) The efficient development of competi- any judgment or order with respect to such peting in certain markets. It is time to tive United States communications markets action entered on or after August 24, 1982, eliminate these restrictions. Nonetheless, will be furthered by policies which aim at and before the date of enactment of the Tele- transition rules designed to open monopoly ensuring reciprocal opening of international communications Competition and Deregula- markets to competition must be in place be- investment opportunities. tion Act of 1995. fore certain restrictions are lifted. SEC. 6. AMENDMENT OF COMMUNICATIONS ACT ‘‘(hh) ‘Bell operating company’ means any (4) Transition rules must be truly transi- OF 1934. company listed in appendix A of the Modi- tional, not protectionism for certain indus- Except as otherwise expressly provided, fication of Final Judgment to the extent try segments or artificial impediments to in- whenever in this Act an amendment or re- such company provides telephone exchange creased competition in all markets. Where peal is expressed in terms of an amendment service or exchange access service, and in- possible, transition rules should create in- to, or repeal of, a section or other provision, cludes any successor or assign of any such vestment incentives through increased com- the reference shall be considered to be made company, but does not include any affiliate petition. Regulatory safeguards should be to a section or other provision of the Com- of such company. adopted only where competitive conditions munications Act of 1934 (47 U.S.C. 151 et ‘‘(ii) ‘Affiliate’ means a person that (di- would not prevent anticompetitive behavior. seq.). rectly or indirectly) owns or controls, is (5) More competitive American tele- SEC. 7. EFFECT ON OTHER LAW. owned or controlled by, or is under common communications markets will promote Unit- (a) ANTITRUST LAWS.—Except as provided ownership or control with, another person. ed States technological advances, domestic in subsections (b) and (c), nothing in this Act For purposes of this paragraph, the term job and investment opportunities, national shall be construed to modify, impair, or su- ‘own’ means to own an equity interest (or competitiveness, sustained economic devel- persede the applicability of any antitrust the equivalent thereof) of more than 10 per- opment, and improved quality of American law. cent. life more effectively than regulation. (b) MODIFICATION OF FINAL JUDGMENT.— ‘‘(jj) ‘Telecommunications Act of 1995’ (6) Congress should establish clear statu- This Act shall supersede the Modification of means the Telecommunications Competition tory guidelines, standards, and time frames Final Judgment to the extent that it is in- and Deregulation Act of 1995. ‘‘(kk) ‘Local exchange carrier’ means a to facilitate more effective communications consistent with this Act. provider of telephone exchange service or ex- competition and, by so doing, will reduce (c) TRANSFER OF MFJ.—After the date of enactment of this Act, the Commission shall change access service. business and customer uncertainty, lessen ‘‘(ll) ‘Telecommunications’ means the administer any provision of the Modification regulatory processes, court appeals, and liti- transmission, between or among points spec- of Final Judgment not overridden or super- gation, and thus encourage the business ified by the user, of information of the user’s seded by this Act. The District Court for the community to focus more on competing in choosing, including voice, data, image, District of Columbia shall have no further the domestic and international communica- graphics, and video, without change in the jurisdiction over any provision of the Modi- tions marketplace. form or content of the information, as sent fication of Final Judgment administered by (7) Where competitive markets are demon- and received, with or without benefit of any the Commission under this Act or the Com- strably inadequate to safeguard important closed transmission medium. public policy goals, such as the continued munications Act of 1934. The Commission ‘‘(mm) ‘Telecommunications service’ universal availability of telecommunications may, consistent with this Act (and the means the offering of telecommunications services at reasonable and affordable prices, amendments made by this Act), modify any for a fee directly to the public, or to such particularly in rural America, Congress provision of the Modification of Final Judg- classes of users as to be effectively available should establish workable regulatory proce- ment that it administers. directly to the public, regardless of the fa- dures to advance those goals, provided that (d) GTE CONSENT DECREE.—This Act shall cilities used to transmit the telecommuni- in any proceeding undertaken to ensure uni- supersede the provisions of the Final Judg- cations service. versal availability, regulators shall seek to ment entered in United States v. GTE Corp., ‘‘(nn) ‘Telecommunications carrier’ means choose the most procompetitive and least No. 83–1298 (D.C. D.C.), and such Final Judg- any provider of telecommunications serv- burdensome alternative. ment shall not be enforced after the effective ices, except that such term does not include (8) Competitive communications markets, date of this Act. hotels, motels, hospitals, and other safeguarded by effective Federal and State SEC. 8. DEFINITIONS. aggregators of telecommunications services antitrust enforcement, and strong economic (a) TERMS USED IN THIS ACT.—As used in (as defined in section 226). A telecommuni- growth in the United States which such mar- this Act— cations carrier shall only be treated as a kets will foster are the most effective means (1) COMMISSION.—The term ‘‘Commission’’ common carrier under this Act to the extent of assuring that all segments of the Amer- means the Federal Communications Com- that it is engaged in providing telecommuni- ican public command access to advanced mission. cations services for voice, data, image, telecommunications technologies. (2) MODIFICATION OF FINAL JUDGMENT.—The graphics, or video that it does not own, con- (9) Achieving full and fair competition re- term ‘‘Modification of Final Judgment’’ trol, or select, except that the Commission quires strict parity of marketplace opportu- means the decree entered on August 24, 1982, shall continue to determine whether the pro- nities and responsibilities on the part of in- in United States v. Western Electric Civil vision of fixed and mobile satellite service cumbent telecommunications service provid- Action No. 82-0192 (United States District shall be treated as common carriage. S 8572 CONGRESSIONAL RECORD — SENATE June 16, 1995 ‘‘(oo) ‘Telecommunications number port- made for the purpose of permitting the tele- ‘‘(7) telecommunications services and net- ability’ means the ability of users of telecommunications carrier to provide telephone work functions of the local exchange carrier communications services to retain, at the exchange or exchange access service; and to be available to the telecommunications same location, existing telecommunications ‘‘(B) to provide such interconnection, at carrier on an unbundled basis without any numbers without impairment of quality, re- rates that are reasonable and nondiscrim- unreasonable conditions on the resale or liability, or convenience when switching inatory, according to the terms of the agree- sharing of those services or functions, in- from one telecommunications carrier to an- ment and in accordance with the require- cluding the origination, transport, and ter- other. ments of this section. mination of such telecommunications serv- ‘‘(pp) ‘Information service’ means the of- ‘‘(2) INITIATION.—A local exchange carrier, ices, other than reasonable conditions re- fering of services that— or class of carriers, described in paragraph quired by a State; and for purposes of this ‘‘(1) employ computer processing applica- (1) shall commence good faith negotiations paragraph, it is not an unreasonable conditions that act on the format, content, code, to conclude an agreement, whether through tion for a State to limit the resale— protocol, or similar aspects of the subscrib- negotiation under subsection (c) or arbitra- ‘‘(A) of services included in the definition er’s transmitted information; tion or intervention under subsection (d), of universal service to a telecommunications ‘‘(2) provide the subscriber additional, dif- within 15 days after receiving a request from carrier who resells that service to a category ferent, or restructured information; or any telecommunications carrier seeking to of customers different from the category of ‘‘(3) involve subscriber interaction with provide telephone exchange or exchange ac- customers being offered that universal serv- stored information. cess service. Nothing in this Act shall pro- ice by such carrier if the State orders a car- ‘‘(qq) ‘Cable service’ means cable service as hibit multilateral negotiations between or rier to provide the same service to different defined in section 602. among a local exchange carrier or class of categories of customers at different prices ‘‘(rr) ‘Rural telephone company’ means a carriers and a telecommunications carrier or necessary to promote universal service; or telecommunications carrier operating entity class of carriers seeking interconnection ‘‘(B) of subsidized universal service in a to the extent that such entity provides tele- under subsection (c) or subsection (d). At the manner that allows companies to charge an- phone exchange service, including access request of any of the parties to a negotia- other carrier rates which reflect the actual service subject to part 69 of the Commis- tion, a State may participate in the negotia- cost of providing those services to that car- sion’s rules (47 C.F.R. 69.1 et seq.), to— tion of any portion of an agreement under rier, exclusive of any universal service sup- ‘‘(1) any service area that does not include subsection (c). port received for providing such services in either— ‘‘(3) MARKET POWER.—For the purpose of accordance with section 214(d)(5); ‘‘(A) any incorporated place of 10,000 inhab- determining whether a carrier has market ‘‘(8) reciprocal compensation arrangements itants or more, or any part thereof, based on power under paragraph (1), the relevant mar- for the origination and termination of tele- the most recent population statistics of the ket shall include all providers of telephone communications; Bureau of the Census; or exchange or exchange access services in a ‘‘(9) reasonable public notice of changes in ‘‘(B) any territory, incorporated or unin- local area, regardless of the technology used the information necessary for the trans- corporated, included in an urbanized area, as by any such provider. mission and routing of services using that defined by the Bureau of the Census as of ‘‘(b) MINIMUM STANDARDS.—An inter- local exchange carrier’s facilities or net- January 1, 1995; or connection agreement entered into under works, as well as of any other changes that ‘‘(2) fewer than 100,000 access lines within a this section shall, if requested by a tele- would affect the interoperability of those fa- State. communications carrier requesting inter- cilities and networks; and ‘‘(ss) ‘Service area’ means a geographic connection, provide for— ‘‘(10) a schedule of itemized charges and area established by the Commission and the ‘‘(1) nondiscriminatory access on an conditions for each service, facility, or func- States for the purpose of determining univer- unbundled basis to the network functions tion provided under the agreement. sal service obligations and support mecha- and services of the local exchange carrier’s ‘‘(c) AGREEMENTS ARRIVED AT THROUGH NE- nisms. In the case of an area served by a telecommunications network (including GOTIATION.—Upon receiving a request for rural telephone company, ‘service area’ switching software, to the extent defined in interconnection, a local exchange carrier means such company’s ‘study area’ unless implementing regulations by the Commis- may meet its interconnection obligations and until the Commission and the States, sion); under this section by negotiating and enter- after taking into account recommendations ‘‘(2) nondiscriminatory access on an ing into a binding agreement with the tele- of a Federal-State Joint Board instituted unbundled basis to any of the local exchange communications carrier seeking inter- under section 410(c), establish a different def- carrier’s telecommunications facilities and connection without regard to the standards inition of service area for such company. information, including databases and signal- set forth in subsection (b). The agreement ‘‘(tt) ‘LATA’ means a local access and ing, necessary to the transmission and rout- shall include a schedule of itemized charges transport area as defined in United States v. ing of any telephone exchange service or ex- for each service, facility, or function in- Western Electric Co., 569 F. Supp. 990 (U. S. change access service and the interoper- cluded in the agreement. The agreement, in- District Court, District of Columbia) and ability of both carriers’ networks; cluding any interconnection agreement ne- subsequent judicial orders relating thereto, ‘‘(3) interconnection to the local exchange gotiated before the date of enactment of the except that, with respect to commercial mo- carrier’s telecommunications facilities and Telecommunications Act of 1995, shall be bile services, the term ‘LATA’ means the ge- services at any technically feasible point submitted to the State under subsection (e). ographic areas defined or used by the Com- within the carrier’s network; ‘‘(d) AGREEMENTS ARRIVED AT THROUGH AR- mission in issuing licenses for such services: ‘‘(4) interconnection that is at least equal BITRATION OR INTERVENTION.— Provided however, That in the case of a Bell in type, quality, and price (on a per unit ‘‘(1) IN GENERAL.—Any party negotiating operating company cellular affiliate, such basis or otherwise) to that provided by the an interconnection agreement under this geographic area shall be no smaller than the local exchange carrier to itself or to any subsection may, at any point in the negotiation, LATA area for such affiliate on the date of sidiary, affiliate, or any other party to which ask a State to participate in the negotiation enactment of the Telecommunications Act the carrier provides interconnection; and to arbitrate any differences arising in of 1995.’’. ‘‘(5) nondiscriminatory access to the poles, the course of the negotiation. The refusal of TITLE I—TRANSITION TO COMPETITION ducts, conduits, and rights-of-way owned or any other party to the negotiation to par- SEC. 101. INTERCONNECTION REQUIREMENTS. controlled by the local exchange carrier at ticipate further in the negotiations, to co- just and reasonable rates; operate with the State in carrying out its (a) REQUIRED INTERCONNECTION.—Title II (47 U.S.C. 201 et seq.) is amended by inserting ‘‘(6) the local exchange carrier to take function as a arbitrator, or to continue to after section 228 the following: whatever action under its control is nec- negotiate in good faith in the presence, or essary, as soon as is technically feasible, to with the assistance, of the State shall be ‘‘Part II—Competition in provide telecommunications number port- considered a failure to negotiate in good Telecommunications ability and local dialing parity in a manner faith. ‘‘SEC. 251. INTERCONNECTION. that— ‘‘(2) INTERVENTION.—If any issues remain ‘‘(a) DUTY TO PROVIDE INTERCONNECTION.— ‘‘(A) permits consumers to be able to dial open in a negotiation commenced under this ‘‘(1) IN GENERAL.—A local exchange carrier, the same number of digits when using any section more than 135 days after the date or class of local exchange carriers, deter- telecommunications carrier providing tele- upon which the local exchange carrier re- mined by the Commission to have market phone exchange service or exchange access ceived the request for such negotiation, then power in providing telephone exchange serv- service in the market served by the local ex- the carrier or any other party to the negotia- ice or exchange access service has a duty change carrier; tion may petition a State to intervene in the under this Act, upon request— ‘‘(B) permits all such carriers to have non- negotiations for purposes of resolving any ‘‘(A) to enter into good faith negotiations discriminatory access to telephone numbers, such remaining open issues. Any such re- with any telecommunications carrier re- operator services, directory assistance, and quest must be made during the 25-day period questing interconnection between the facili- directory listing with no unreasonable dial- that begins 135 days after the carrier re- ties and equipment of the requesting tele- ing delays; and ceives the request for such negotiation and communications carrier and the carrier, or ‘‘(C) provides for a reasonable allocation of ends 160 days after that date. class of carriers, of which the request was costs among the parties to the agreement; ‘‘(3) DUTY OF PETITIONER.— June 16, 1995 CONGRESSIONAL RECORD — SENATE S 8573 ‘‘(A) A party that petitions a State under ‘‘(B) the agreement does not meet the the Commission or a State may suspend en- paragraph (2) shall, at the same time as it standards set forth in subsection (b), or forcement of the requirement or require- submits the petition, provide the State all ‘‘(B) the implementation of the agreement ments to which the petition applies with re- relevant documentation concerning the ne- is not in the public interest. spect to the petitioning carrier or carriers. gotiations necessary to understand— If the State does not act to approve or reject ‘‘(j) STATE REQUIREMENTS.—Nothing in this ‘‘(i) the unresolved issues; the agreement within 90 days after receiving section precludes a State from imposing re- ‘‘(ii) the position of each of the parties the agreement, or 30 days in the case of an quirements on a telecommunications carrier with respect to those issues; and agreement negotiated under subsection (c), for intrastate services that are necessary to ‘‘(iii) any other issue discussed and re- the agreement shall be deemed approved. No further competition in the provision of tele- solved by the parties. State court shall have jurisdiction to review phone exchange service or exchange access ‘‘(B) A party petitioning a State under the action of a State in approving or reject- service, as long as the State’s requirements paragraph (2) shall provide a copy of the pe- ing an agreement under this section. are not inconsistent with the Commission’s tition and any documentation to the other ‘‘(f) FILING REQUIRED.—A State shall make regulations to implement this section. party not later than the day on which the a copy of each agreement approved under ‘‘(k) ACCESS CHARGE RULES.—Nothing in State receives the petition. subsection (e) available for public inspection this section shall affect the Commission’s PPORTUNITY TO RESPOND.—A party to ‘‘(4) O and copying within 10 days after the agree- interexchange-to-local exchange access a negotiation under this section with respect ment is approved. The State may charge a charge rules for local exchange carriers or to which the other party has petitioned a reasonable and nondiscriminatory fee to the interexchange carriers in effect on the date State under paragraph (2) may respond to parties to the agreement to cover the costs of enactment of the Telecommunications the other party’s petition and provide such of approving and filing such agreement. Act of 1995. additional information as it wishes within 25 ‘‘(l) REVIEW OF INTERCONNECTION STAND- ‘‘(g) AVAILABILITY TO OTHER TELECOMMUNI- days after the State receives the petition. ARDS.—Beginning 3 years after the date of CATIONS CARRIERS.—A local exchange carrier ‘‘(5) ACTION BY STATE.— shall make available any service, facility, or enactment of the Telecommunications Act ‘‘(A) A State proceeding to consider a peti- function provided under an interconnection of 1995 and every 3 years thereafter, the Com- tion under this subsection shall be conducted agreement to which it is a party to any other mission shall review the standards and rein accordance with the rules promulgated by quirements for interconnection established the Commission under subsection (i). The telecommunications carrier that requests such interconnection upon the same terms under subsection (b). The Commission shall State shall limit its consideration of any pe- complete each such review within 180 days tition under paragraph (2) (and any response and conditions as those provided in the agreement. and may modify or waive any requirements thereto) to the issues set forth in the peti- or standards established under subsection (b) tion and in the response, if any, filed under ‘‘(h) COLLOCATION.—A State may require telecommunications carriers to provide for if it determines that the modification or paragraph (4). waiver meets the requirements of section ‘‘(B) The State may require the petitioning actual collocation of equipment necessary for interconnection at the premises of the 260. party and the responding party to provide ‘‘(m) COMMERCIAL MOBILE SERVICE PROVID- carrier at reasonable charges, if the State such information as may be necessary for ERS.—The requirements of this section shall finds actual collocation to be in the public the State to reach a decision on the unre- not apply to commercial mobile services pro- interest. solved issues. If either party refuses or fails vided by a wireline local exchange carrier ‘‘(i) IMPLEMENTATION.— unreasonably to respond on a timely basis to unless the Commission determines under ‘‘(1) RULES AND STANDARDS.—The Commis- any reasonable request from the State, then subsection (a)(3) that such carrier has mar- sion shall promulgate rules to implement the State may proceed on the basis of the ket power in the provision of commercial the requirements of this section within 6 best information available to it from what- mobile service.’’. months after the date of enactment of the ever source derived. (c) TECHNICAL AMENDMENTS.— ‘‘(C) The State shall resolve each issue set Telecommunications Act of 1995. In estab- (1) Title II (47 U.S.C. 201 et seq.) is amended forth in the petition and the response, if any, lishing the standards for determining what by inserting before section 201 the following: by imposing appropriate conditions upon the facilities and information are necessary for ‘‘PART I—GENERAL PROVISIONS’’. parties to the agreement, and shall conduct purposes of subsection (b)(2), the Commis- the review of the agreement (including the sion shall consider, at a minimum, whether— (2) Section 2(b) (47 U.S.C. 152(b)) is amend- issues resolved by the State) not later than ‘‘(A) access to such facilities and informa- ed by striking ‘‘sections 223 through 227, in- 10 months after the date on which the local tion that are proprietary in nature is nec- clusive, and section 332,’’ and inserting ‘‘sec- exchange carrier received the request for essary; and tion 214(d), sections 223 through 227, part II interconnection under this section. ‘‘(B) the failure to provide access to such of title II, and section 332,’’. ‘‘(D) In resolving any open issues and im- facilities and information would impair the SEC. 102. SEPARATE AFFILIATE AND SAFEGUARD posing conditions upon the parties to the ability of the telecommunications carrier REQUIREMENTS. agreement, a State shall ensure that the re- seeking interconnection to provide the serv- (a) IN GENERAL.—Part II of title II (47 quirements of this section are met by the so- ices that it seeks to offer. U.S.C. 251 et seq.), as added by section 101 of lution imposed by the State and are consist- ‘‘(2) COMMISSION TO ACT IF STATE WILL NOT this Act, is amended by inserting after sec- ent with the Commission’s rules defining ACT.—If a State, through action or inaction, tion 251 the following new section: minimum standards. fails to carry out its responsibility under ‘‘SEC. 252. SEPARATE AFFILIATE; SAFEGUARDS. ‘‘(6) CHARGES.—If the amount charged by a this section in accordance with the rules pre- ‘‘(a) SEPARATE AFFILIATE REQUIRED FOR local exchange carrier, or class of local ex- scribed by the Commission under paragraph COMPETITIVE ACTIVITIES.— change carriers, for an unbundled element of (1) in any proceeding or other matter under ‘‘(1) IN GENERAL.—A Bell operating com- the interconnection provided under sub- this section, then the Commission shall issue pany (including any affiliate) which is a section (b) is determined by arbitration or an order preempting the State’s jurisdiction local exchange carrier that is subject to the intervention under this subsection, then the of that proceeding or matter within 90 days requirements of section 251(a) may not pro- charge— after being notified (or taking notice) of vide any service described in paragraph (2) ‘‘(A) shall be such failure, and shall assume the respon- unless it provides that service through one ‘‘(i) based on the cost (determined without sibility of the State under this section with or more affiliates that— reference to a rate-of-return or other rate- respect to the proceeding or matter and act ‘‘(A) are separate from any operating com- based proceeding) of providing the unbundled for the State. pany entity that is subject to the require- element, ‘‘(3) WAIVERS AND MODIFICATIONS FOR RURAL ments of section 251(a); and ‘‘(ii) nondiscriminatory, and CARRIERS.—The Commission or a State shall, ‘‘(B) meet the requirements of subsection ‘‘(iii) individually priced to the smallest upon petition or on its own initiative, waive (b). element that is technically feasible and eco- or modify the requirements of subsection (b) ‘‘(2) SERVICES FOR WHICH A SEPARATE AFFIL- nomically reasonable to provide; and for a rural telephone company or companies, IATE IS REQUIRED.—The services for which a ‘‘(B) may include a reasonable profit. and may waive or modify the requirements separate affiliate is required by paragraph (1) ‘‘(e) APPROVAL BY STATE.—Any inter- of subsection (b) for local exchange carriers are: connection agreement under this section with fewer than 2 percent of the Nation’s ‘‘(A) Information services, including cable shall be submitted for approval to the State. subscriber lines installed in the aggregate services and alarm monitoring services, A State to which an agreement is submitted nationwide, to the extent that the Commis- other than any information service a Bell op- shall approve or reject the agreement, with sion or a State determines that such require- erating company was authorized to provide written findings as to any deficiencies. The ments would result in unfair competition, before July 24, 1991. State may only reject— impose a significant adverse economic im- ‘‘(B) Manufacturing services. ‘‘(1) an agreement under subsection (c) if it pact on users of telecommunications serv- ‘‘(C) InterLATA services other than— finds that the agreement discriminates ices, be technically infeasible, or otherwise ‘‘(i) incidental services, not including in- against a telecommunications carrier not a not be in the public interest. The Commis- formation services; party to the agreement; and sion or a State shall act upon any petition ‘‘(ii) out-of-region services; or ‘‘(2) an agreement under subsection (d) if it filed under this paragraph within 180 days of ‘‘(iii) services authorized under an order finds that— receiving such petition. Pending such action, entered by the United States District Court S 8574 CONGRESSIONAL RECORD — SENATE June 16, 1995 for the District of Columbia pursuant to the who performs an audit under this section; able customer proprietary information by Modification of Final Judgment before the and each Bell operating company as necessary— date of enactment of the Telecommuni- ‘‘(C) the State commission shall imple- ‘‘(A) to initiate, render, bill, and collect for cations Act of 1995. ment appropriate procedures to ensure the telephone exchange service, interexchange ‘‘(b) STRUCTURAL AND TRANSACTIONAL RE- protection of any proprietary information service, or telecommunications service re- QUIREMENTS.—The separate affiliate required submitted to it under this section. quested by a customer; or by this section— ‘‘(e) JOINT MARKETING.— ‘‘(B) to protect the rights or property of ‘‘(1) shall maintain books, records, and ac- ‘‘(1) A Bell operating company affiliate re- the carrier, or to protect users of any of counts in the manner prescribed by the Com- quired by this section may not market or those services and other carriers from fraud- mission which shall be separate from the sell telephone exchange services provided by ulent, abusive, or unlawful use of, or sub- books, records, and accounts maintained by the Bell operating company unless that com- scription to, any such service. the Bell operating company of which it is an pany permits other entities offering the ‘‘(3) SUBSCRIBER LIST INFORMATION.—For affiliate; same or similar service to market and sell purposes of this subsection, the term ‘cus- ‘‘(2) shall have separate officers, directors, its telephone exchange services. tomer proprietary information’ does not in- and employees from the Bell operating com- ‘‘(2) A Bell operating company may not clude subscriber list information. pany of which it is an affiliate; market or sell any service provided by an af- ‘‘(h) COMMISSION MAY GRANT EXCEPTIONS.— ‘‘(3) may not obtain credit under any ar- filiate required by this section until that The Commission may grant an exception rangement that would permit a creditor, company has been authorized to provide from compliance with any requirement of upon default, to have recourse to the assets interLATA services under section 255. this section upon a showing that the excep- of the Bell operating company; and ‘‘(3) The joint marketing and sale of serv- tion is necessary for the public interest, con- ‘‘(4) shall conduct all transactions with the ices permitted under this subsection shall venience, and necessity. Bell operating company of which it is an af- not be considered to violate the non- ‘‘(i) APPLICATION TO UTILITY COMPANIES.— filiate on an arm’s length basis with any discrimination provisions of subsection (c). ‘‘(1) REGISTERED PUBLIC UTILITY HOLDING such transactions reduced to writing and ‘‘(f) ADDITIONAL REQUIREMENTS FOR PROVI- COMPANY.—A registered company may pro- available for public inspection. SION OF INTERLATA SERVICES.—A Bell oper- vide telecommunications services only ‘‘(c) NONDISCRIMINATION SAFEGUARDS.—In ating company— through a separate subsidiary company that its dealings with its affiliate described in ‘‘(1) shall fulfill any requests from an unaf- is not a public utility company. subsection (a) a Bell operating company— filiated entity for exchange access service ‘‘(2) OTHER UTILITY COMPANIES.—Each State ‘‘(1) may not discriminate between that within a period no longer than that in which shall determine whether a holding company company or affiliate and any other entity in it provides such exchange access service to subject to its jurisdiction— the provision or procurement of goods, serv- itself or to its affiliates; ‘‘(A) that is not a registered holding com- ices, facilities, and information, or in the es- ‘‘(2) shall fulfill any such requests with ex- pany, and tablishment of standards; change access service of a quality that meets ‘‘(B) that provides telecommunications ‘‘(2) may not provide any goods, services, or exceeds the quality of exchange access service, facilities, or information to such company or service provided by the Bell operating com- is required to provide that service through a affiliate unless the goods, services, facilities, pany to itself or its affiliate; separate subsidiary company. or information are made available to other ‘‘(3) shall provide exchange access service ‘‘(3) SAVINGS PROVISION.—Nothing in this persons on reasonable and nondiscriminatory to all carriers at rates that are just, reason- subsection or the Telecommunications Act terms and conditions, unbundled to the able, not unreasonably discriminatory, and of 1995 prohibits a public utility company smallest element that is technically feasible based on costs; from engaging in any activity in which it is and economically reasonable to provide, and ‘‘(4) shall not provide any facilities, serv- legally engaged on the date of enactment of at just and reasonable rates that are not ices, or information concerning its provision the Telecommunications Act of 1995; pro- higher on a per-unit basis than those charged of exchange access service to the affiliate de- vided it complies with the terms of any ap- for such services to any affiliate of such scribed in subsection (a) unless such facili- plicable authorizations. company; and ties, services, or information are made avail- ‘‘(4) DEFINITIONS.—For purposes of this sub- ‘‘(3) shall account for all transactions with able to other providers of interLATA serv- section, the terms ‘public utility company’, an affiliate described in subsection (a) in ac- ices in that market on the same terms and ‘associate company’, ‘holding company’, cordance with generally accepted accounting conditions; ‘subsidiary company’, ‘registered holding principles. ‘‘(5) shall charge the affiliate described in company’, and ‘State commission’ have the ‘‘(d) BIENNIAL AUDIT.— subsection (a), and impute to itself or any same meaning as they have in section 2 of ‘‘(1) GENERAL REQUIREMENT.—A company intraLATA interexchange affiliate, the same the Public Utility Holding Company Act of required to operate a separate affiliate under rates for access to its telephone exchange 1935.’’. this section shall obtain and pay for a joint service and exchange access service that it (b) IMPLEMENTATION.—The Commission Federal/State audit every 2 years conducted charges unaffiliated interexchange carriers shall promulgate any regulations necessary by an independent auditor selected by the for such service; and to implement section 252 of the Communica- Commission, and working at the direction of, ‘‘(6) may provide any interLATA or tions Act of 1934 (as added by subsection (a)) the Commission and the State commission of intraLATA facilities or services to its not later than one year after the date of en- each State in which such company provides interLATA affiliate if such services or facili- actment of this Act. Any separate affiliate service, to determine whether such company ties are made available to all carriers at the established or designated for purposes of sec- has complied with this section and the regu- same rates and on the same terms and condition 252(a) of the Communications Act of 1934 lations promulgated under this section, and tions so long as the costs are appropriately before the regulations have been issued in particularly whether such company has com- allocated. final form shall be restructured or otherwise plied with the separate accounting require- ‘‘(g) PROPRIETARY INFORMATION.— modified, if necessary, to meet the requirements under subsection (b). ‘‘(1) IN GENERAL.—In complying with the ments of those regulations. ‘‘(2) RESULTS SUBMITTED TO COMMISSION; requirements of this section, each Bell oper- (c) EFFECTIVE DATE.—The amendment STATE COMMISSIONS.—The auditor described ating company and any affiliate of such com- made by subsection (a) shall take effect on in paragraph (1) shall submit the results of pany has a duty to protect the confidential- the date of enactment of this Act. the audit to the Commission and to the ity of propriety information relating to SEC. 103. UNIVERSAL SERVICE. State commission of each State in which the other common carriers, to equipment manu- (a) FINDINGS.—The Congress finds that— company audited provides service, which facturers, and to customers. A Bell operating (1) the existing system of universal service shall make such results available for public company may not share customer propri- has evolved since 1930 through an ongoing inspection. Any party may submit comments etary information in aggregate form with its dialogue between industry, various Federal- on the final audit report. affiliates unless such aggregate information State Joint Boards, the Commission, and the ‘‘(3) ACCESS TO DOCUMENTS.—For purposes is available to other carriers or persons courts; of conducting audits and reviews under this under the same terms and conditions. Indi- (2) this system has been predicated on subsection— vidually identifiable customer proprietary rates established by the Commission and the ‘‘(A) the independent auditor, the Commis- information and other proprietary informa- States that require implicit cost shifting by sion, and the State commission shall have tion may be— monopoly providers of telephone exchange access to the financial accounts and records ‘‘(A) shared with any affiliated entity re- service through both local rates and access of each company and of its affiliates nec- quired by this section or with any unaffili- charges to interexchange carriers; essary to verify transactions conducted with ated entity only with the consent of the per- (3) the advent of competition for the provi- that company that are relevant to the spe- son to which such information relates or sion of telephone exchange service has led to cific activities permitted under this section from which it was obtained (including other industry requests that the existing system and that are necessary for the regulation of carriers); or be modified to make support for universal rates; ‘‘(B) disclosed to appropriate authorities service explicit and to require that all tele- ‘‘(B) the Commission and the State com- pursuant to court order. communications carriers participate in the mission shall have access to the working pa- ‘‘(2) EXCEPTIONS.—Paragraph (1) does not modified system on a competitively neutral pers and supporting materials of any auditor limit the disclosure of individually identifi- basis; and June 16, 1995 CONGRESSIONAL RECORD — SENATE S 8575 (4) modification of the existing system is ‘‘(7) Elementary and secondary schools and nance, and upgrading of facilities and serv- necessary to promote competition in the pro- classrooms should have access to advanced ices for which the support is intended. vision of telecommunications services and to telecommunications services. ‘‘(g) INTEREXCHANGE SERVICES.—The rates allow competition and new technologies to ‘‘(b) DEFINITION.— charged by any provider of interexchange reduce the need for universal service support ‘‘(1) IN GENERAL.—Universal service is an telecommunications service to customers in mechanisms. evolving level of intrastate and interstate rural and high cost areas shall be no higher (b) FEDERAL-STATE JOINT BOARD ON UNI- telecommunications services that the Com- than those charged by such provider to its VERSAL SERVICE.— mission, based on recommendations from the customers in urban areas. (1) Within one month after the date of en- public, Congress, and the Federal-State ‘‘(h) SUBSIDY OF COMPETITIVE SERVICES actment of this Act, the Commission shall Joint Board periodically convened under sec- PROHIBITED.—A telecommunications carrier institute and refer to a Federal-State Joint tion 103 of the Telecommunications Act of may not use services that are not competi- Board under section 410(c) of the Commu- 1995, and taking into account advances in tive to subsidize competitive services. The nications Act of 1934 a proceeding to rec- telecommunications and information tech- Commission, with respect to interstate serv- ommend rules regarding the implementation nologies and services, determines— ices, and the States, with respect to intra- of section 253 of that Act, including the defi- ‘‘(A) should be provided at just, reasonable, state services, shall establish any necessary nition of universal service. The Joint Board and affordable rates to all Americans, in- cost allocation rules, accounting safeguards, shall, after notice and public comment, cluding those in rural and high cost areas and guidelines to ensure that services in- make its recommendations to the Commis- and those with disabilities; cluded in the definition of universal service sion no later than 9 months after the date of ‘‘(B) are essential in order for Americans bear no more than a reasonable share of the enactment of this Act. to participate effectively in the economic, joint and common costs of facilities used to (2) The Commission may periodically, but academic, medical, and democratic processes provide those services. of the Nation; and no less than once every 4 years, institute and ‘‘(i) CONGRESSIONAL NOTIFICATION RE- ‘‘(C) are, through the operation of market refer to the Joint Board a proceeding to re- QUIRED.— choices, subscribed to by a substantial ma- view the implementation of section 253 of ‘‘(1) IN GENERAL.—The Commission may that Act and to make new recommendations, jority of residential customers. not take action to require participation by as necessary, with respect to any modifica- ‘‘(2) DIFFERENT DEFINITION FOR CERTAIN telecommunications carriers or other provid- tions or additions that may be needed. As PURPOSES.—The Commission may establish a ers of telecommunications under subsection part of any such proceeding the Joint Board different definition of universal service for (c), or to modify its rules to increase support shall review the definition of, and adequacy schools, libraries, and health care providers for the preservation and advancement of uni- of support for, universal service and shall for the purposes of section 264. versal service, until— evaluate the extent to which universal serv- ‘‘(c) ALL TELECOMMUNICATIONS CARRIERS ‘‘(A) the Commission submits to the Com- ice has been protected and advanced. MUST PARTICIPATE.—Every telecommuni- mittee on Commerce, Science, and Transpor- (c) COMMISSION ACTION.—The Commission cations carrier engaged in instrastate, inter- tation of the Senate and the Committee on shall initiate a single proceeding to imple- state, or foreign communication shall par- Commerce of the House of Representatives a ment recommendations from the initial ticipate, on an equitable and nondiscrim- report on the participation required, or the Joint Board required by subsection (a) and inatory basis, in the specific and predictable increase in support proposed, as appropriate; shall complete such proceeding within 1 year mechanisms established by the Commission and after the date of enactment of this Act. and the States to preserve and advance uni- ‘‘(B) a period of 120 days has elapsed since Thereafter, the Commission shall complete versal service. Such participation shall be in the date the report required under paragraph any proceeding to implement recommenda- the manner determined by the Commission (1) was submitted. and the States to be reasonably necessary to tions from any further Joint Board required ‘‘(2) NOT APPLICABLE TO REDUCTIONS.—This under subsection (b) within one year after re- preserve and advance universal service. Any subsection shall not apply to any action ceiving such recommendations. other provider of telecommunications may taken to reduce costs to carriers or consum- be required to participate in the preservation (d) SEPARATIONS RULES.—Nothing in the ers. and advancement of universal service, if the amendments made by this Act to the Com- ‘‘(j) EFFECT ON COMMISSION’S AUTHORITY.— public interest so requires. munications Act of 1934 shall affect the Com- Nothing in this section shall be construed to ‘‘(d) STATE AUTHORITY.—A State may mission’s separations rules for local ex- expand or limit the authority of the Com- adopt regulations to carry out its respon- change carriers or interexchange carriers in mission to preserve and advance universal sibilities under this section, or to provide for effect on the date of enactment of this Act. service under this Act. additional definitions, mechanisms, and (e) AMENDMENT OF COMMUNICATIONS ACT.— standards to preserve and advance universal ‘‘(k) EFFECTIVE DATE.—This section takes Part II of title II (47 U.S.C. 251 et seq.), as service within that State, to the extent that effect on the date of enactment of the Tele- added by this Act, is amended by inserting such regulations do not conflict with the communications Act of 1995, except for sub- after section 252 the following new section: Commission’s rules to implement this sec- sections (c), (d), (e), (f), and (i) which take ef- ‘‘SEC. 253. UNIVERSAL SERVICE. tion. A State may only enforce additional fect one year after the date of enactment of that Act.’’. ‘‘(a) UNIVERSAL SERVICE PRINCIPLES.—The definitions or standards to the extent that it Joint Board and the Commission shall base adopts additional specific and predictable (f) PROHIBITION ON EXCLUSION OF AREAS policies for the preservation and advance- mechanisms to support such definitions or FROM SERVICE BASED ON RURAL LOCATION, ment of universal service on the following standards. HIGH COSTS, OR INCOME.—Part II of title II (47 principles: ‘‘(e) ELIGIBILITY FOR UNIVERSAL SERVICE U.S.C. 201 et seq.) as amended by this Act, is ‘‘(1) Quality services are to be provided at SUPPORT.—To the extent necessary to pro- amended by adding after section 253 the fol- just, reasonable, and affordable rates. vide for specific and predictable mechanisms lowing: ‘‘(2) Access to advanced telecommuni- to achieve the purposes of this section, the ‘‘SEC. 253A PROHIBITION ON EXCLUSION OF cations and information services should be Commission shall modify its existing rules AREAS FROM SERVICE BASED ON provided in all regions of the Nation. for the preservation and advancement of uni- RURAL LOCATION, HIGH COSTS, OR ‘‘(3) Consumers in rural and high cost areas versal service. Only essential telecommuni- INCOME. should have access to telecommunications cations carriers designated under section ‘‘(a) The Commission shall prohibit any and information services, including inter- 214(d) shall be eligible to receive support for telecommunications carrier from excluding exchange services, that are reasonably com- the provision of universal service. Such sup- from any of such carrier’s services any high- parable to those services provided in urban port, if any, shall accurately reflect what is cost area, or any area on the basis of the areas. necessary to preserve and advance universal rural location or the income of the residents ‘‘(4) Consumers in rural and high cost areas service in accordance with this section and of such area: Provided, That a carrier may should have access to telecommunications the other requirements of this Act. exclude an area in which the carrier can and information services at rates that are ‘‘(f) UNIVERSAL SERVICE SUPPORT.—The demonstrate that— reasonably comparable to rates charged for Commission and the States shall have as ‘‘(1) there will be insufficient consumer de- similar services in urban areas. their goal the need to make any support for mand for the carrier to earn some return ‘‘(5) Consumers in rural and high cost areas universal service explicit, and to target that over the long term on the capital invested to should have access to the benefits of ad- support to those essential telecommuni- provide such service to such area, and— vanced telecommunications and information cations carriers that serve areas for which ‘‘(2) providing a service to such area will be services for health care, education, economic such support is necessary. The specific and less profitable for the carrier than providing development, and other public purposes. predictable mechanisms adopted by the Com- the service in areas to which the carrier is ‘‘(6) There should be a coordinated Federal- mission and the States shall ensure that es- already providing or has proposed to provide State universal service system to preserve sential telecommunications carriers are able the service. and advance universal service using specific to provide universal service at just, reason- ‘‘(b) The Commission shall provide for pub- and predictable Federal and State mecha- able, and affordable rates. A carrier that re- lic comment on the adequacy of the carrier’s nisms administered by an independent, non- ceives universal service support shall use proposed service area on the basis of the re- governmental entity or entities. that support only for the provision, mainte- quirements of this section.’’. S 8576 CONGRESSIONAL RECORD — SENATE June 16, 1995 SEC. 104. ESSENTIAL TELECOMMUNICATIONS maintain and deploy its network as a whole. semicolon and ‘‘essential telecommuni- CARRIERS. The Commission shall also establish, based cations carriers’’ after ‘‘lines’’. (a) IN GENERAL.—Section 214(d) (47 U.S.C. on the recommendations of the Federal- (c) TRANSITION RULE.—A rural telephone 214(d)) is amended— State Joint Board instituted to implement company is eligible to receive universal serv- (1) by inserting ‘‘(1) ADEQUATE FACILITIES this section, rules to permit a carrier des- ice support payments under section 253(e) of REQUIRED.—’’ before ‘‘The Commission’’; and ignated as an essential telecommunications the Communications Act of 1934 as if such (2) by adding at the end thereof the follow- carrier to relinquish that designation for a company were an essential telecommuni- ing: specific service area if another telecommunications carrier until such time as the Com- ‘‘(2) DESIGNATION OF ESSENTIAL CARRIER.— cations carrier is also designated as an es- mission, with respect to interstate services, If one or more common carriers provide tele- sential telecommunications carrier for that or a State, with respect to intrastate serv- communications service to a geographic area. The rules— ices, designates an essential telecommuni- area, and no common carrier will provide ‘‘(A) shall ensure that all customers served cations carrier or carriers for the area served universal service to an unserved community by the relinquishing carrier continue to be by such company under section 214 of that or any portion thereof that requests such served, and shall require sufficient notice to Act. service within such area, then the Commis- permit the purchase or construction of ade- SEC. 105. FOREIGN INVESTMENT AND OWNER- sion, with respect to interstate services, or a quate facilities by any remaining essential SHIP REFORM. State, with respect to intrastate services, telecommunications carrier if such remain- (a) IN GENERAL.—Section 310 (47 U.S.C. 310) shall determine which common carrier serving carrier provided universal service is amended by adding at the end thereof the ing that area is best able to provide univer- through resale of the facilities of the relin- following new subsection: sal service to the requesting unserved com- quishing carrier; and ‘‘(f) TERMINATION OF FOREIGN OWNERSHIP munity or portion thereof, and shall des- ‘‘(B) shall establish criteria for determin- RESTRICTIONS.— ignate that common carrier as an essential ing when a carrier which intends to utilize ‘‘(1) RESTRICTION NOT TO APPLY WHERE RECI- telecommunications carrier for that un- resale to meet the requirements for designa- PROCITY FOUND.—Subsection (b) shall not served community or portion thereof. tion under this subsection has adequate re- apply to any common carrier license held, or ‘‘(3) ESSENTIAL CARRIER OBLIGATIONS.—A sources to purchase, construct, or otherwise for which application is made, after the date common carrier may be designated by the obtain the facilities necessary to meet its of enactment of the Telecommunications Commission, or by a State, as appropriate, obligation if the reselling carrier is no Act of 1995 with respect to any alien (or rep- as an essential telecommunications carrier longer able or obligated to resell the service. resentative thereof), corporation, or foreign for a specific service area and become eligi- ‘‘(6) ENFORCEMENT.—A common carrier des- government (or representative thereof) if the ble to receive universal service support ignated by the Commission or a State as an Commission determines that the foreign under section 253. A carrier designated as an essential telecommunications carrier that country of which such alien is a citizen, in essential telecommunications carrier shall— refuses to provide universal service within a which such corporation is organized, or in ‘‘(A) provide through its own facilities or reasonable period to an unserved community which such foreign government is in control through a combination of its own facilities or portion thereof which requests such serv- provides equivalent market opportunities for and resale of services using another carrier’s ice shall forfeit to the United States, in the common carriers to citizens of the United facilities, universal service and any addi- case of interstate services, or the State, in States (or their representatives), corpora- tional service (such as 911 service) required the case of intrastate services, a sum of up tions organized in the United States, and the by the Commission or the State, to any com- to $10,000 for each day that such carrier re- United States Government (or its represent- munity or portion thereof which requests fuses to provide such service. In determining ative): Provided, That the President does not such service; a reasonable period the Commission or the object within 15 days of such determination. ‘‘(B) offer such services at nondiscrim- State, as appropriate, shall consider the na- If the President objects to a determination, inatory rates established by the Commission, ture of any construction required to serve the President shall, immediately upon such for interstate services, and the State, for such requesting unserved community or por- objection, submit to Congress a written re- intrastate services, throughout the service tion thereof, as well as the construction in- port (in unclassified form, but with a classi- area; and tervals normally attending such construc- fied annex if necessary) that sets forth a de- ‘‘(C) advertise throughout the service area tion, and shall allow adequate time for regu- tailed explanation of the findings made and the availability of such services and the latory approvals and acquisition of necessary factors considered in objecting to the deter- rates for such services using media of gen- financing. mination. The determination of whether eral distribution. ‘‘(7) INTEREXCHANGE SERVICES.—The Com- market opportunities are equivalent shall be ‘‘(4) MULTIPLE ESSENTIAL CARRIERS.—If the mission, for interstate services, or a State, made on a market segment specific basis Commission, with respect to interstate serv- for intrastate services, shall designate an es- within 180 days after the application is filed. ices, or a State, with respect to intrastate sential telecommunications carrier for While determining whether such opportuni- services, designates more than one common interexchange services for any unserved ties are equivalent on that basis, the Com- carrier as an essential telecommunications community or portion thereof requesting mission shall also conduct an evaluation of carrier for a specific service area, such car- such services. Any common carrier des- opportunities for access to all segments of rier shall meet the service, rate, and adver- ignated as an essential telecommunications the telecommunications market of the appli- tising requirements imposed by the Commis- carrier for interexchange services under this cant. sion or State on any other essential tele- paragraph shall provide interexchange serv- ‘‘(2) SNAPBACK FOR RECIPROCITY FAILURE.— communications carrier for that service ices included in universal service to any If the Commission determines that any for- area. A State shall require that, before des- unserved community or portion thereof eign country with respect to which it has ignating an additional essential tele- which requests such service. The service made a determination under paragraph (1) communications carrier, the State agency shall be provided at nationwide geographi- ceases to meet the requirements for that de- authorized to make the designation shall cally averaged rates for interstate termination, then— find that— interexchange services and at geographically ‘‘(A) subsection (b) shall apply with respect ‘‘(A) the designation of an additional es- averaged rates for intrastate interexchange to such aliens, corporations, and government sential telecommunications carrier is in the services, and shall be just and reasonable and (or their representatives) on the date on public interest and that there will not be a not unjustly or unreasonably discrimina- which the Commission publishes notice of its significant adverse impact on users of tele- tory. A common carrier designated as an es- determination under this paragraph, and communications services or on the provision sential telecommunications carrier for ‘‘(B) any license held, or application filed, of universal service; interexchange services under this paragraph which could not be held or granted under ‘‘(B) the designation encourages the devel- that refuses to provide interexchange service subsection (b) shall be withdrawn, or denied, opment and deployment of advanced tele- in accordance with this paragraph to an as the case may be, by the Commission under communications infrastructure and services unserved community or portion thereof that the provisions of subsection (b).’’. in rural areas; and requests such service within 180 days of such (b) CONFORMING AMENDMENT.—Section ‘‘(C) the designation protects the public request shall forfeit to the United States a 332(c)(6) (47 U.S.C. 332(c)(6)) is amended by safety and welfare, ensures the continued sum of up to $50,000 for each day that such adding at the end thereof the following: quality of telecommunications services, or carrier refuses to provide such service. The ‘‘This paragraph does not apply to any for- safeguards the rights of consumers. Commission or the State, as appropriate, eign ownership interest or transfer of owner- ‘‘(5) RESALE OF UNIVERSAL SERVICE.—The may extend the 180-day period for providing ship to which section 310(b) does not apply Commission, for interstate services, and the interexchange service upon a showing by the because of section 310(f).’’. States, for intrastate services, shall estab- common carrier of good faith efforts to com- (c) THE APPLICATION OF THE EXON-FLORIO lish rules to govern the resale of universal ply within such period. LAW.—Nothing in this section (47 U.S.C. 310) service to allocate any support received for ‘‘(8) IMPLEMENTATION.—The Commission shall limit in any way the application of the the provision of such service in a manner may, by regulation, establish guidelines by Exon-Florio law (50 U.S.C. App. 2170) to any that ensures that the carrier whose facilities which States may implement the provisions transaction. are being resold is adequately compensated of this section.’’. SEC. 106. INFRASTRUCTURE SHARING. for their use, taking into account the impact (b) CONFORMING AMENDMENT.—The heading (a) REGULATIONS REQUIRED.—The Commis- of the resale on that carrier’s ability to for section 214 is amended by inserting a sion shall prescribe, within one year after June 16, 1995 CONGRESSIONAL RECORD — SENATE S 8577

the date of enactment of this Act, regula- (B) is a common carrier which offers tele- ‘‘(d) PREEMPTION.—If, after notice and an tions that require local exchange carriers phone exchange service, exchange access opportunity for public comment, the Com- that were subject to Part 69 of the Commis- service, and any other service that is in- mission determines that a State or local gov- sion’s rules on or before that date to make cluded in universal service, to all consumers ernment has permitted or imposed any stat- available to any qualifying carrier such pub- without preference throughout the service ute, regulation, or legal requirement that lic switched network infrastructure, tech- area for which such carrier has been des- violates subsection (a) or (b), the Commis- nology, information, and telecommuni- ignated as an essential telecommunications sion shall preempt the enforcement of such cations facilities and functions as may be re- carrier under section 214(d) of the Commu- statute, regulation, or legal requirement to quested by such qualifying carrier for the nications Act of 1934. the extent necessary to correct such viola- purpose of enabling such qualifying carrier (2) OTHER TERMS.—Any term used in this tion or inconsistency. to provide telecommunications services, or section that is defined in the Communica- ‘‘(e) COMMERCIAL MOBILE SERVICES PROVID- to provide access to information services, in tions Act of 1934 has the same meaning as it ERS.—Nothing in this section shall affect the the service area in which such qualifying has in that Act. application of section 332(c)(3) to commercial carrier has requested and obtained designa- SEC. 107. COORDINATION FOR TELECOMMUNI- mobile services providers.’’. tion as an essential telecommunications car- CATIONS NETWORK-LEVEL INTER- (b) PROVISION OF TELECOMMUNICATIONS rier under section 214(d) and provides univer- OPERABILITY. SERVICES BY A CABLE OPERATOR.— sal service by means of its own facilities. (a) IN GENERAL.—To promote nondiscrim- (1) JURISDICTION OF FRANCHISING AUTHOR- inatory access to telecommunications net- (b) TERMS AND CONDITIONS OF REGULA- ITY.—Section 621(b) (47 U.S.C. 541(b)) is TIONS.—The regulations prescribed by the works by the broadest number of users and amended by adding at the end thereof the Commission pursuant to this section shall— vendors of communications products and following new paragraph: (1) not require a local exchange carrier to services through— ‘‘(3)(A) To the extent that a cable operator which this section applies to take any action (1) coordinated telecommunications net- or affiliate thereof is engaged in the provi- that is economically unreasonable or that is work planning and design by common car- sion of telecommunications services— contrary to the public interest; riers and other providers of telecommuni- ‘‘(i) such cable operator or affiliate shall (2) permit, but shall not require, the joint cations services, and not be required to obtain a franchise under ownership or operation of public switched (2) interconnection of telecommunications this title for the provision of telecommuni- network infrastructure and services by or networks, and of devices with such networks, cations services; and among such local exchange carrier and a to ensure the ability of users and informa- ‘‘(ii) the provisions of this title shall not qualifying carrier; tion providers to seamlessly and trans- apply to such cable operator or affiliate for (3) ensure that such local exchange carrier parently transmit and receive information the provision of telecommunications serv- will not be treated by the Commission or any between and across telecommunications net- ices. State as a common carrier for hire or as of- works, ‘‘(B) A franchising authority may not fering common carrier services with respect the Commission may participate, in a man- order a cable operator or affiliate thereof to to any infrastructure, technology, informa- ner consistent with its authority and prac- discontinue the provision of a telecommuni- tion, facilities, or functions made available tice prior to the date of enactment of this cations service. to a qualifying carrier in accordance with Act, in the development by appropriate vol- ‘‘(C) A franchising authority may not re- regulations issued pursuant to this section; untary industry standards-setting organiza- quire a cable operator to provide any tele- (4) ensure that such local exchange carrier tions to promote telecommunications net- communications service or facilities as a makes such infrastructure, technology, in- work-level interoperability. condition of the initial grant of a franchise, formation, facilities, or functions available (b) DEFINITION OF TELECOMMUNICATIONS franchise renewal, or transfer of a franchise. to a qualifying carrier on just and reasonable NETWORK-LEVEL INTEROPERABILITY.—As used ‘‘(D) Nothing in this paragraph affects ex- terms and conditions that permit such quali- in this section, the term ‘‘telecommuni- isting Federal or State authority with re- fying carrier to fully benefit from the econo- cations network-level interoperability’’ spect to telecommunications services.’’. mies of scale and scope of such local ex- means the ability of 2 or more telecommuni- (2) FRANCHISE FEES.—Section 622(b) (47 change carrier, as determined in accordance cations networks to communicate and inter- U.S.C. 542(b)) is amended by inserting ‘‘to with guidelines prescribed by the Commis- act in concert with each other to exchange provide cable services’’ immediately before sion in regulations issued pursuant to this information without degeneration. the period at the end of the first sentence. section; OMMISSION S UTHORITY OT IM (c) C ’ A N L - (c) STATE AND LOCAL TAX LAWS.—Except as (5) establish conditions that promote co- ITED.—Nothing in this section shall be con- provided in section 202, nothing in this Act operation between local exchange carriers to strued as limiting the existing authority of (or in the Communications Act of 1934 as which this section applies and qualifying the Commission. amended by this Act) shall be construed to carriers; TITLE II—REMOVAL OF RESTRICTIONS modify, impair, or supersede, or authorize (6) not require a local exchange carrier to TO COMPETITION the modification, impairment, or which this section applies to engage in any supersession of, any State or local law per- infrastructure sharing agreement for any Subtitle A—Removal of Restrictions taining to taxation that is consistent with services or access which are to be provided or SEC. 201. REMOVAL OF ENTRY BARRIERS. the requirements of the Constitution of the offered to consumers by the qualifying car- (a) PREEMPTION OF STATE RULES.—Part II United States, this Act, the Communications rier in such local exchange carrier’s tele- of title II (47 U.S.C. 251 et seq.), as added by Act of 1934, or any other applicable Federal phone exchange area; and this Act, is amended by inserting after sec- law. (7) require that such local exchange carrier tion 253 the following: (d) EFFECTIVE DATE.—The amendments file with the Commission or State for public ‘‘SEC. 254. REMOVAL OF BARRIERS TO ENTRY. made by this section take effect on the date inspection, any tariffs, contracts, or other ‘‘(a) IN GENERAL.—No State or local stat- of enactment of this Act. arrangements showing the rates, terms, and ute or regulation, or other State or local conditions under which such carrier is mak- legal requirement, may prohibit or have the SEC. 202. ELIMINATION OF CABLE AND TELE- ing available public switched network infra- effect of prohibiting the ability of any entity PHONE COMPANY CROSS-OWNER- structure and functions under this section. to provide any interstate or intrastate tele- SHIP RESTRICTION. (c) INFORMATION CONCERNING DEPLOYMENT communications services. (a) IN GENERAL.—Section 613(b) (47 U.S.C. OF NEW SERVICES AND EQUIPMENT.—A local ‘‘(b) STATE REGULATORY AUTHORITY.— 533(b)) is amended to read as follows: exchange carrier to which this section ap- Nothing in this section shall affect the abil- ‘‘(b) VIDEO PROGRAMMING AND CABLE SERV- plies that has entered into an infrastructure ity of a State to impose, on a competitively ICES.— sharing agreement under this section shall neutral basis and consistent with section 253, ‘‘(1) DISTINCTION BETWEEN VIDEO PLATFORM provide to each party to such agreement requirements necessary to preserve and ad- AND CABLE SERVICE.—To the extent that any timely information on the planned deploy- vance universal service, protect the public telecommunications carrier carries video ment of telecommunications services and safety and welfare, ensure the continued programming provided by others, or provides equipment, including any software or up- quality of telecommunications services, and video programming that it owns, controls, or grades of software integral to the use or op- safeguard the rights of consumers. selects directly to subscribers, through a eration of such telecommunications equip- ‘‘(c) STATE AND LOCAL GOVERNMENT AU- common carrier video platform, neither the ment. THORITY.—Nothing in this section affects the telecommunications carrier nor any video (d) DEFINITIONS.—For purposes of this sec- authority of a State or local government to programming provider making use of such tion— manage the public rights-of-way or to re- platform shall be deemed to be a cable opera- (1) QUALIFYING CARRIER.—The term ‘‘quali- quire fair and reasonable compensation from tor providing cable service. To the extent fying carrier’’ means a telecommunications telecommunications providers, on a competi- that any telecommunications carrier pro- carrier that— tively neutral and nondiscriminatory basis, vides video programming directly to sub- (A) lacks economies of scale or scope, as for use of public rights-of-way on a non- scribers through a cable system, the carrier determined in accordance with regulations discriminatory basis, if the compensation re- shall be deemed to be a cable operator pro- prescribed by the Commission pursuant to quired is publicly disclosed by such govern- viding cable service. this section; and ment. ‘‘(2) BELL OPERATING COMPANY ACTIVITIES.— S 8578 CONGRESSIONAL RECORD — SENATE June 16, 1995

‘‘(A) Notwithstanding the provisions of providing cable service within the local ex- (b) NO PERMIT REQUIRED FOR VIDEO PRO- section 252, to the extent that a Bell operat- change carrier’s telephone service area. GRAMMING SERVICES.—Section 214 (47 U.S.C. ing company carries video programming pro- ‘‘(B) CABLE OPERATORS.—No cable operator 214) is amended by adding at the end thereof vided by others or provides video program- or affiliate of a cable operator that is owned the following: ming that it owns, controls, or selects over a by, operated by, controlled by, or under com- ‘‘(e) SPECIAL RULE.—No certificate is re- common carrier video platform, it need not mon ownership with such cable operator may quired under this section for a carrier to con- use a separate affiliate if— purchase or otherwise acquire, directly or in- struct facilities to provide video program- ‘‘(i) the carrier provides facilities, services, directly, more than a 10 percent financial in- ming services.’’. or information to all programmers on the terest, or any management interest, in any (c) SAFEGUARDS.—Within one year after same terms and conditions as it provides local exchange carrier providing telephone the date of enactment of this Act, the Com- such facilities, services, or information to its exchange service within such cable opera- mission shall prescribe regulations that— (1) require a telecommunications carrier own video programming operations, and tor’s franchise area. that provides video programming directly to ‘‘(ii) the carrier does not use its tele- ‘‘(C) JOINT VENTURE.—A local exchange subscribers to ensure that subscribers are of- communications services to subsidize its carrier and a cable operator whose telephone fered the means to obtain access to the sig- provision of video programming. service area and cable franchise area, respec- nals of local broadcast television stations ‘‘(B) To the extent that a Bell operating tively, are in the same market may not enter into any joint venture or partnership identified under section 614 as readily as company provides cable service as a cable they are today; operator, it shall provide such service to provide video programming directly to subscribers or to provide telecommuni- (2) require such a carrier to display clearly through an affiliate that meets the require- cations services within such market. and prominently at the beginning of any pro- ments of section 252 (a), (b), and (d) and the ‘‘(D) EXCEPTION.—Notwithstanding sub- gram guide or menu of program offerings the Bell operating company’s telephone ex- paragraphs (A), (B), and (C) of this para- identity of any signal of any television change services and exchange access services graph, a local exchange carrier (with respect broadcast station that is carried by the car- shall meet the requirements of subparagraph to a cable system located in its telephone rier; (A)(ii) and section 252(c); except that, to the service area) and a cable operator (with re- (3) require such a carrier to ensure that extent the Bell operating company provides spect to the facilities of a local exchange viewers are able to access the signal of any cable service utilizing its own telephone ex- carrier used to provide telephone exchange television broadcast station that is carried change facilities, section 252(c) shall not re- service in its cable franchise area) may ob- by that carrier without first having to view quire the Bell operating company to make tain a controlling interest in, management advertising or promotional material, or a video programming services capacity avail- interest in, or enter into a joint venture or navigational device, guide, or menu that able on a non-discriminatory basis to other partnership with such system or facilities to omits broadcasting services as an available video programming services providers. the extent that such system or facilities option; ‘‘(C) Upon a finding by the Commission only serve incorporated or unincorporated— (4) except as required by paragraphs (1) that the requirement of a separate affiliate ‘‘(i) places or territories that have fewer through (3), prohibit such carrier and a mul- under the preceding subparagraph is no than 50,000 inhabitants; and tichannel video programming distributor longer necessary to protect consumers, com- ‘‘(ii) are outside an urbanized area, as de- using the facilities of such carrier from dis- petition, or the public interest, the Commis- fined by the Bureau of the Census. criminating among video programming pro- sion shall exempt a Bell operating company ‘‘(E) WAIVER.—The Commission may waive viders with respect to material or informa- from that requirement. the restrictions of subparagraph (A), (B), or tion provided by the carrier to subscribers ‘‘(3) COMMON CARRIER VIDEO PLATFORM.— (C) only if the Commission determines that, for the purposes of selecting programming, Nothing in this Act precludes a tele- because of the nature of the market served or in the way such material or information communications carrier from carrying video by the affected cable system or facilities is presented to subscribers; programming provided by others directly to used to provide telephone exchange service— (5) require such carrier and a multichannel subscribers over a common carrier video ‘‘(i) the incumbent cable operator or local video programming distributor using the fa- platform. Nothing in this Act precludes a exchange carrier would be subjected to cilities of such carrier to ensure that video video programming provider making use of a undue economic distress by the enforcement programming providers or copyright holders common carrier video platform from being of such provisions, (or both) are able suitably and uniquely to treated as an operator of a cable system for ‘‘(ii) the system or facilities would not be identify their programming services to sub- purposes of section 111 of title 17, United economically viable if such provisions were scribers; States Code. enforced, or (6) if such identification is transmitted as ‘‘(4) RATES; ACCESS.—Notwithstanding ‘‘(iii) the anticompetitive effects of the part of the programming signal, require a paragraph (2)(A)(i), a provider of common proposed transaction are clearly outweighed telecommunications carrier that provides carrier video platform services shall provide in the public interest by the probable effect video programming directly to subscribers local broadcast stations, and to those public, of the transaction in meeting the conven- and a multichannel video programming dis- educational, and governmental entities re- ience and needs of the community to be tributor using the facilities of such carrier quired by local franchise authorities to be served. to transmit such identification without given access to cable systems operating in ‘‘(F) JOINT USE.—Notwithstanding subpara- change or alteration; the same market as the common carrier graphs (A), (B), and (C), a telecommuni- (7) prohibit such carrier from discriminat- video platform, with access to that platform cations carrier may obtain within such caring among video programming providers for the transmission of television broadcast rier’s telephone service area, with the con- with regard to carriage and ensure that the programming at rates no higher than the in- currence of the cable operator on the rates, rates, terms, and conditions for such car- cremental-cost-based rates of providing such terms, and conditions, the use of that por- riage are just, reasonable, and nondiscrim- access. Local broadcast stations shall be en- tion of the transmission facilities of such a inatory; titled to obtain access on the first tier of cable system extending from the last (8) extend to such carriers and multi- programming on the common carrier video multiuser terminal to the premises of the channel video programming distributors platform. If the area covered by the common end user in excess of the capacity that the using the facilities of such carrier the Com- carrier video platform includes more than cable operator uses to provide its own cable mission’s regulations concerning network one franchising area, then the Commission services. A cable operator that provides ac- nonduplication (47 C.F.R. 76.92 et seq.) and shall determine the number of channels allo- cess to such portion of its transmission fa- syndicated exclusivity (47 C.F.R. 76.171 et cated to public, educational, and govern- cilities to one telecommunications carrier seq.); and mental entities that may be eligible for such shall provide nondiscriminatory access to (9) extend to such carriers and multi- rates for that platform. such portion of its transmission facilities to channel video programming distributors ‘‘(5) COMPETITIVE NEUTRALITY.—A provider any other telecommunications carrier re- using the facilities of such carrier the proof video programming may be required to questing such access. tections afforded to local broadcast signals pay fees in lieu of franchise fees (as defined ‘‘(G) SAVINGS CLAUSE.—Nothing in this in section 614(b)(3), 614(b)(4)(A), and 615(g)(1) in section 622(g)(1)) if the fees— paragraph affects— and (2) of such Act (47 U.S.C. 534(b)(3), ‘‘(A) are competitively neutral; and ‘‘(i) the authority of a local franchising au- 534(b)(4)(A), and 535(g)(1) and (2)). ‘‘(B) are separately identified in consumer thority (in the case of the purchase or acqui- (d) ENFORCEMENT.—The Commission shall billing. sition of a cable operator, or a joint venture resolve disputes under subsection (c) and the ‘‘(6) ACQUISITIONS; JOINT VENTURES; PART- to provide cable service) or a State Commis- regulations prescribed under that subsection. NERSHIPS; JOINT USE OF FACILITIES.— sion (in the case of the acquisition of a local Any such dispute shall be resolved with 180 ‘‘(A) LOCAL EXCHANGE CARRIERS.—No local exchange carrier, or a joint venture to pro- days after notice of the dispute is submitted exchange carrier or any affiliate of such car- vide telephone exchange service) to approve to the Commission. At that time, or subse- rier owned by, operated by, controlled by, or or disapprove a purchase, acquisition, or quently in a separate proceeding, the Com- under common control with such carrier joint venture, or mission may award damages sustained in may purchase or otherwise acquire more ‘‘(ii) the antitrust laws, as described in sec- consequence of any violation of this section than a 10 percent financial interest, or any tion 7(a) of the Telecommunications Com- to any person denied carriage, or require car- management interest, in any cable operator petition and Deregulation Act of 1995.’’. riage, or both. Any aggrieved party may also June 16, 1995 CONGRESSIONAL RECORD — SENATE S 8579 seek any other remedy available under the scribers. Any such provision that applies to cording to the percentage of usable space re- law. a satellite cable programming vendor in quired for each entity. Costs shall be appor- (e) EFFECTIVE DATES.—The amendment which a cable operator has an attributable tioned between the usable space and the made by subsection (a) takes effect on the interest shall apply to any satellite cable space on a pole, duct, conduit, or right-of- date of enactment of this Act. The amend- programming vendor in which such common way other than the usable space on a propor- ment made by subsection (b) takes effect 1 carrier has an attributable interest.’’. tionate basis. year after that date. (e) EXPEDITED DECISION-MAKING FOR MAR- ‘‘(4) The regulations required under para- SEC. 203. CABLE ACT REFORM. KET DETERMINATIONS UNDER SECTION 614.— graph (1) shall become effective 5 years after (a) CHANGE IN DEFINITION OF CABLE SYS- (1) IN GENERAL.—Section 614(h)(1)(C)(iv) (47 the date of enactment of the Telecommuni- TEM.—Section 602(7) (47 U.S.C. 522(7)) is U.S.C. 614(h)(1)(C)(iv)) is amended to read as cations Act of 1995. Any increase in the rates amended by striking out ‘‘(B) a facility that follows: for pole attachments that result from the serves only subscribers in 1 or more multiple ‘‘(iv) Within 120 days after the date on adoption of the regulations required by this unit dwellings under common ownership, which a request is filed under this subpara- subsection shall be phased in equal annual control, or management, unless such facility graph, the Commission shall grant or deny increments over a period of 5 years beginning or facilities uses any public right-of-way;’’ the request.’’. on the effective date of such regulations. and inserting ‘‘(B) a facility that serves sub- (2) APPLICATION TO PENDING REQUESTS.— ‘‘(f)(1) A utility shall provide a cable tele- scribers without using any public right-of- The amendment made by paragraph (1) shall vision system or any telecommunications apply to— way;’’. carrier with nondiscriminatory access to any (A) any request pending under section pole, duct, conduit, or right-of-way owned or (b) RATE DEREGULATION.— (1) Section 623(c) (47 U.S.C. 543(c)) is 614(h)(1)(C) of the Communications Act of controlled by it. ‘‘(2) Notwithstanding paragraph (1), a util- amended— 1934 (47 U.S.C. 614(h)(1)(C)) on the date of enactment of this Act; and ity providing electric service may deny a (A) by striking ‘‘subscriber,’’ and the (B) any request filed under that section cable television system or telecommuni- comma after ‘‘authority’’ in paragraph after that date. cations carrier access to its poles, ducts, (1)(B); (f) EFFECTIVE DATE.—The amendments conduits, or rights-of-way, on a non-dis- (B) by striking paragraph (2) and inserting made by this section take effect on the date criminatory basis where there is insufficient the following: of enactment of this Act. capacity and for reasons of safety, reliabil- ‘‘(2) STANDARD FOR UNREASONABLE RATES.— SEC. 204. POLE ATTACHMENTS. ity, and generally applicable engineering The Commission may only consider a rate Section 224 (47 U.S.C. 224) is amended— purposes. for cable programming services to be unrea- (1) by inserting the following after sub- ‘‘(g) A utility that engages in the provision sonable if it substantially exceeds the na- section (a)(4): of telecommunications services shall impute tional average rate for comparable cable pro- ‘‘(5) The term ‘telecommunications carrier’ to its costs of providing such services (and gramming services provided by cable sys- shall have the meaning given such term in charge any affiliate, subsidiary, or associate tems other than small cable systems, deter- subsection 3(nn) of this Act, except that, for company engaged in the provision of such mined on a per-channel basis as of June 1, purposes of this section, the term shall not services) an amount equal to the pole attach- 1995, and redetermined, and adjusted if nec- include any person classified by the Commis- ment rate for which such company would be essary, every 2 years thereafter.’’. sion as a dominant provider of telecommuni- liable under this section.’’. (2) Section 623(l)(1) (47 U.S.C. 543(l)(1)) is cations services as of January 1, 1995.’’; SEC. 205. ENTRY BY UTILITY COMPANIES. amended— (2) by inserting after ‘‘conditions’’ in sub- (a) IN GENERAL.— (A) by striking ‘‘or’’ at the end of subpara- section (c)(1) a comma and the following: ‘‘or (1) AUTHORIZED ACTIVITIES OF UTILITIES.— graph (B); access to poles, ducts, conduits, and rights- Notwithstanding any other provision of law (B) by striking the period at the end of of-way as provided in subsection (f),’’; to the contrary (including the Public Utility subparagraph (C) and inserting a semicolon (3) by inserting after subsection (d)(2) the Holding Company Act of 1935 (15 U.S.C. 79a et and ‘‘or’’; and following: seq.)), an electric, gas, water, or steam util- (C) by adding at the end the following: ‘‘(3) This subsection shall apply to the rate ity, and any subsidiary company, affiliate, or ‘‘(D) a local exchange carrier offers video for any pole attachment used by a cable tele- associate company of such a utility, other programming services directly to subscrib- vision system solely to provide cable service. than a public utility company that is an as- ers, either over a common carrier video plat- Until the effective date of the regulations re- sociate company of a registered holding com- form or as a cable operator, in the franchise quired under subsection (e), this subsection pany, may engage, directly or indirectly, in area of an unaffiliated cable operator which shall also apply to the pole attachment rates any activity whatsoever, wherever located, is providing cable service in that franchise for cable television systems (or for any tele- necessary or appropriate to the provision area, but only if the video programming communications carrier that was not a party of— services offered by the carrier in that area to any pole attachment agreement prior to (A) telecommunications services, are comparable to the video programming the date of enactment of the Telecommuni- (B) information services, services provided by the unaffiliated cable cations Act of 1995) to provide any tele- (C) other services or products subject to operator in that area.’’. communications service or any other service the jurisdiction of the Federal Communica- (c) GREATER DEREGULATION FOR SMALLER subject to the jurisdiction of the Commis- tions Commission under the Communica- CABLE COMPANIES.—Section 623 (47 U.S.C. sion.’’; and tions Act of 1934 (47 U.S.C. 151 et seq.), or 543) is amended by adding at the end thereof (4) by adding at the end thereof the follow- (D) products or services that are related or the following: ing: incidental to a product or service described ‘‘(m) SPECIAL RULES FOR SMALL COMPA- ‘‘(e)(1) The Commission shall, no later than in subparagraph (A), (B), or (C). NIES.— 2 years after the date of enactment of the (2) REMOVAL OF SEC JURISDICTION.—The Se- ‘‘(1) IN GENERAL.—Subsection (a), (b), or (c) Telecommunications Act of 1995, prescribe curities and Exchange Commission has no ju- does not apply to a small cable operator with regulations in accordance with this sub- risdiction under the Public Utility Holding respect to— section to govern the charges for pole at- Company Act of 1935 (15 U.S.C. 79a et seq.) ‘‘(A) cable programming services, or tachments by telecommunications carriers. over a holding company, or a subsidiary ‘‘(B) a basic service tier that was the only Such regulations shall ensure that utilities company, affiliate, or associate company of service tier subject to regulation as of De- charge just and reasonable and non-discrimi- a holding company, to grant any authoriza- cember 31, 1994, natory rates for pole attachments. tion to enforce any requirement with respect in any franchise area in which that operator ‘‘(2) A utility shall apportion the cost of to, or approve or otherwise review, any ac- serves 35,000 or fewer subscribers. providing space on a pole, duct, conduit, or tivity described in paragraph (1), including ‘‘(2) DEFINITION OF SMALL CABLE OPERA- right-of-way other than the usable space financing, investing in, acquiring, or main- TOR.—For purposes of this subsection, the among entities so that such apportionment taining any interest in, or entering into af- term ‘small cable operator’ means a cable equals the sum of— filiate transactions or contracts, and any au- operator that, directly or through an affili- ‘‘(A) two-thirds of the costs of providing thority over audits or access to books and ate, serves in the aggregate fewer than 1 per- space other than the usable space that would records. cent of all subscribers in the United States be allocated to such entity under an equal (3) APPLICABILITY OF TELECOMMUNICATIONS and is not affiliated with any entity or enti- apportionment of such costs among all at- REGULATION.—Nothing in this section shall ties whose gross annual revenues in the ag- tachments, plus affect the authority of the Federal Commu- gregate exceed $250,000,000.’’. ‘‘(B) the percentage of usable space re- nications Commission under the Commu- (d) PROGRAM ACCESS.—Section 628 (47 quired by each such entity multiplied by the nications Act of 1934, or the authority of U.S.C. 628) is amended by adding at the end costs of space other than the usable space; State commissions under State laws con- the following: but in no event shall such proportion exceed cerning the provision of telecommunications ‘‘(j) COMMON CARRIERS.—Any provision the amount that would be allocated to such services, to regulate the activities of an as- that applies to a cable operator under this entity under an equal apportionment of such sociate company engaged in activities de- section shall apply to a telecommunications costs among all attachments. scribed in paragraph (1). carrier or its affiliate that provides video ‘‘(3) A utility shall apportion the cost of (4) COMMISSION RULES.—The Commission programming by any means directly to sub- providing usable space among all entities ac- shall consider and adopt, as necessary, rules S 8580 CONGRESSIONAL RECORD — SENATE June 16, 1995 to protect the customers of a public utility pany subject to its jurisdiction and the sub- censees provide without charge to the public company that is a subsidiary company of a sidiary company, affiliate, or associate com- at least one advanced television program registered holding company against poten- pany engaged in that activity. service as prescribed by the Commission that tial detriment from the telecommunications (2) SELECTION OF FIRM TO CONDUCT AUDIT.— is intended for and available to the general activities of any other subsidiary of such (A) If a State commission orders an audit public on the advanced television spectrum; registered holding company. in accordance with paragraph (1), the public and (b) PROHIBITION OF CROSS-SUBSIDIZATION.— utility company and the State commission (B) it shall apply similar rules to use of ex- Nothing in the Public Utility Holding Com- shall jointly select within 60 days a firm to isting television spectrum. pany Act of 1935 shall preclude the Federal perform the audit. The firm selected to per- (2) COMMISSION TO COLLECT FEES.—To the Energy Regulatory Commission or a State form the audit shall possess demonstrated extent that a television broadcast licensee commission from exercising its jurisdiction qualifications relating to: provides ancillary or supplementary services under otherwise applicable law to determine (i) competency, including adequate tech- using existing or advanced television spec- whether a public utility company may re- nical training and professional proficiency in trum— cover in rates the costs of any activity de- each discipline necessary to carry out the (A) for which payment of a subscription fee scribed in subsection (a)(1) which is per- audit, and is required in order to receive such services, formed by an associate company regardless (ii) independence and objectivity, including or of whether such costs are incurred through that the firm be free from personal or exter- (B) for which the licensee directly or indi- the direct or indirect purchase of goods and nal impairments to independence, and should rectly receives compensation from a third services from such associate company. assume an independent position with the party in return for transmitting material (c) ASSUMPTION OF LIABILITIES.—Any public State commission and auditee, making cer- furnished by such third party, other than utility company that is an associate com- tain that the audit is based upon an impar- payments to broadcast stations by third par- pany of a registered holding company and tial consideration of all pertinent facts and ties for transmission of program material or that is subject to the jurisdiction of a State responsible opinions. commercial advertising, commission with respect to its retail electric (B) The public utility company and the the Commission may collect from each such or gas rates shall not issue any security for company engaged in activities under sub- licensee an annual fee to the extent the ex- the purpose of financing the acquisition, section (a)(1) shall cooperate fully with all isting or advanced television spectrum is ownership, or operation of an associate com- reasonable requests necessary to perform the used for such ancillary or supplementary pany engaged in activities described in sub- audit and the public utility company shall services. In determining the amount of such section (a)(1) without the prior approval of bear all costs of having the audit performed. fees, the Commission shall take into account the State commission. Any public utility (3) AVAILABILITY OF AUDITOR’S REPORT.— the portion of the licensee’s total existing or company that is an associate company of a The auditor’s report shall be provided to the advanced television spectrum which is used registered holding company and that is sub- State commission within 6 months after the for such services and the amount of time ject to the jurisdiction of a State commis- selection of the auditor, and provided to the such services are provided. The amount of sion with respect to its retail electric or gas public utility company 60 days thereafter. such fees to be collected for any such service rates shall not assume any obligation or li- (g) REQUIRED NOTICES.— shall not, in any event, exceed an amount ability as guarantor, endorser, surety, or (1) AFFILIATE CONTRACTS.—A State com- equivalent on an annualized basis to the otherwise by the public utility in respect of mission may order any public utility com- amount paid by providers of a competing any security of an associate company en- pany that is an associate company of a reg- service on spectrum subject to auction under gaged in activities described in subsection istered holding company and that is subject section 309(j) of the Communications Act of (a)(1) without the prior approval of the State to the jurisdiction of the State commission 1934 (47 U.S.C. 309(j)). commission. to provide quarterly reports listing any con- (3) PUBLIC INTEREST REQUIREMENT.—Noth- (d) PLEDGING OR MORTGAGING UTILITY AS- tracts, leases, transfers, or other trans- ing in this section shall be construed as re- SETS.—Any public utility company that is an actions with an associate company engaged lieving a television broadcasting station associate company of a registered holding in activities described in subsection (a)(1). from its obligation to serve the public inter- company and that is subject to the jurisdic- (2) ACQUISITION OF AN INTEREST IN ASSOCI- est, convenience, and necessity. In the Com- tion of a State commission with respect to ATE COMPANIES.—Within 10 days after the ac- mission’s review of any application for re- its retail electric or gas rates shall not quisition by a registered holding company of newal of a broadcast license for a television pledge, mortgage, or otherwise use as collat- an interest in an associate company that station that provides ancillary or supple- eral any utility assets of the public utility or will engage in activities described in sub- mentary services, the television licensee utility assets of any subsidiary company section (a)(1), any public utility company shall establish that all of its program serv- thereof for the benefit of an associate com- that is an associate company of such com- ices on the existing or advanced television pany engaged in activities described in sub- pany shall notify each State commission spectrum are in the public interest. Any vio- section (a)(1) without the prior approval of having jurisdiction over the retail rates of lation of the Commission rules applicable to the State commission. such public utility company of such acquisi- ancillary or supplementary services shall re- (e) BOOKS AND RECORDS.—An associate tion. In the notice an officer on behalf of the flect upon the licensee’s qualifications for company engaged in activities described in public utility company shall attest that, renewal of its license. subsection (a)(1) which is an associate com- based on then current information, such ac- (4) DEFINITIONS.—As used in this sub- pany of a registered holding company shall quisition and related financing will not ma- section— maintain books, records, and accounts sepa- terially impair the ability of such public (A) The term ‘‘advanced television serv- rate from the registered holding company utility company to meet its public service ices’’ means television services provided which identify all transactions with the reg- responsibility, including its ability to raise using digital or other advanced technology istered holding company and its other asso- necessary capital. to enhance audio quality and video resolu- ciate companies, and provide access to (h) DEFINITIONS.—Any term used in this tion. books, records, and accounts to State com- section that is defined in the Public Utility (B) The term ‘‘existing’’ means spectrum missions and the Federal Energy Regulatory Holding Company Act of 1935 (15 U.S.C. 79a et generally in use for television broadcast pur- Commission under the same terms of access, seq.) has the same meaning as it has in that poses on the date of enactment of this Act. disclosure, and procedures as provided in sec- Act. The terms ‘‘telecommunications serv- (b) OWNERSHIP REFORM.— tion 201(g) of the Federal Power Act. ice’’ and ‘‘information service’’ shall have (1) IN GENERAL.—The Commission shall (f) INDEPENDENT AUDIT AUTHORITY FOR the same meanings as those terms have in modify its rules for multiple ownership set STATE COMMISSIONS.— the Communications Act of 1934. forth in 47 CFR 73.3555 by— (1) STATE MAY ORDER AUDIT.—Any State (i) IMPLEMENTATION.—Not later than 1 year (A) eliminating the restrictions on the commission with jurisdiction over a public after the date of enactment of this Act, the number of television stations owned under utility company that— Federal Communications Commission shall subdivisions (e)(1) (ii) and (iii); and (A) is an associate company of a registered promulgate such regulations as may be nec- (B) changing the percentage set forth in holding company, and essary to implement this section. subdivision (e)(2)(ii) from 25 percent to 35 (B) transacts business, directly or indi- (j) EFFECTIVE DATE.—This section takes ef- percent. rectly, with a subsidiary company, affiliate, fect on the date of enactment of this Act. (2) RADIO OWNERSHIP.—The Commission or associate company of that holding com- SEC. 206. BROADCAST REFORM. shall modify its rules set forth in 47 CFR pany engaged in any activity described in (a) SPECTRUM REFORM.— 73.3555 by eliminating any provisions limit- subsection (a)(1), (1) ADVANCED TELEVISION SPECTRUM SERV- ing the number of AM or FM broadcast sta- may order an independent audit to be per- ICES.—If the Commission by rule permits li- tions which may be owned or controlled by formed, no more frequently than on an an- censees to provide advanced television serv- one entity either nationally or in a particu- nual basis, of all matters deemed relevant by ices, then— lar market. The Commission may refuse to the selected auditor that reasonably relate (A) it shall adopt regulations that allow approve the transfer or issuance of an AM or to retail rates: Provided, That such matters such licensees to make use of the advanced FM broadcast license to a particular entity relate, directly or indirectly, to transactions television spectrum for the transmission of if it finds that the entity would thereby ob- or transfers between the public utility com- ancillary or supplementary services if the li- tain an undue concentration of control or June 16, 1995 CONGRESSIONAL RECORD — SENATE S 8581 would thereby harm competition. Nothing in the case of renewal of any broadcast station it has the legal authority to permit such ac- this section shall require or prevent the license)’’ after ‘‘with subsection (a)’’ each cess. Commission from modifying its rules con- place it appears. ‘‘(D) Local loop transmission from the tained in 47 CFR 73.3555(c) governing the (3) The amendments made by this sub- central office to the customer’s premises, ownership of both a radio and television section apply to applications filed after May unbundled from local switching or other broadcast stations in the same market. 31, 1995. services. (3) LOCAL MARKETING AGREEMENT.—Nothing (4) This section shall operate only if the ‘‘(E) Local transport from the trunk side of in this Act shall be construed to prohibit the Commission shall amend its ‘‘Application for a wireline local exchange carrier switch continuation or renewal of any television renewal of License for AM, FM, TV, Trans- unbundled from switching or other services. local marketing agreement that is in effect lator or LPTV Station’’ (FCC Form 303–S) to ‘‘(F) Local switching unbundled from on the date of enactment of this Act and require that, for commercial TV applicants transport, local loop transmission, or other that is in compliance with the Commission’s only, the applicant attach as an exhibit to services. regulations. the application a summary of written com- ‘‘(G) Nondiscriminatory access to— (4) STATUTORY RESTRICTIONS.—Section 613 ments and suggestions received from the ‘‘(i) 911 and E911 services; (47 U.S.C. 533) is amended by striking sub- public and maintained by the licensee in ac- ‘‘(ii) directory assistance services to allow section (a) and inserting the following: cordance with section 73.1202 of title 47, Code the other carrier’s customers to obtain tele- ‘‘(a) The Commission shall review its own- of Federal Regulations, that comment on the phone numbers; and ership rules biennially as part of its regu- applicant’s programming, if any, character- ‘‘(iii) operator call completion services. latory reform review under section 259.’’. ized by the commentor as constituting vio- ‘‘(H) White pages directory listings for cus- (5) CONFORMING CHANGES.—The Commission lent programming. tomers of the other carrier’s telephone ex- shall amend its rules to make any changes change service. Subtitle B—Termination of Modification of necessary to reflect the effect of this section ‘‘(I) Until the date by which neutral tele- Final Judgment on its rules. phone number administration guidelines, (6) EFFECTIVE DATE.—The Commission SEC. 221. REMOVAL OF LONG DISTANCE RESTRIC- plan, or rules are established, nondiscrim- shall make the modifications required by TIONS. inatory access to telephone numbers for as- paragraphs (1) and (2) effective on the date of (a) IN GENERAL.—Part II of title II (47 signment to the other carrier’s telephone ex- enactment of this Act. U.S.C. 251 et seq.), as added by this Act, is change service customers. After that date, (c) TERM OF LICENSES.—Section 307(c) (47 amended by inserting after section 254 the compliance with such guidelines, plan, or U.S.C. 307(c)) is amended by striking the first following new section: rules. four sentences and inserting the following: ‘‘SEC. 255. INTEREXCHANGE TELECOMMUNI- ‘‘(J) Nondiscriminatory access to ‘‘No license shall be granted for a term CATIONS SERVICES. databases and associated signaling, includ- longer than 10 years. Upon application, a re- ‘‘(a) IN GENERAL.—Notwithstanding any re- ing signaling links, signaling service control newal of such license may be granted from striction or obligation imposed before the points, and signaling service transfer points, time to time for a term of not to exceed 10 date of enactment of the Telecommuni- necessary for call routing and completion. years, if the Commission finds that the pub- cations Act of 1995 under section II(D) of the ‘‘(K) Until the date by which the Commis- lic interest, convenience, and necessity Modification of Final Judgment, a Bell oper- sion determines that final telecommuni- would be served thereby.’’. ating company, or any subsidiary or affiliate cations number portability is technically (d) BROADCAST LICENSE RENEWAL PROCE- of a Bell operating company, that meets the feasible and must be made available, interim DURES.— requirements of this section may provide— telecommunications number portability (1) Section 309 (47 U.S.C. 309) is amended by ‘‘(1) interLATA telecommunications serv- through remote call forwarding, direct in- adding at the end thereof the following: ices originating in any region in which it is ward dialing trunks, or other comparable ar- ‘‘(k)(1)(A) Notwithstanding subsections (c) the dominant provider of wireline telephone rangements, with as little impairment of and (d), if the licensee of a broadcast station exchange service or exchange access service functioning, quality, reliability, and conven- submits an application to the Commission after the Commission determines that it has ience as possible. After that date, full com- for renewal of such license, the Commission fully implemented the competitive checklist pliance with final telecommunications num- shall grant the application if it finds, after found in subsection (b)(2) in the area in ber portability. notice and opportunity for comment, with which it seeks to provide interLATA tele- ‘‘(L) Nondiscriminatory access to whatever respect to that station during the preceding communications services, in accordance with services or information may be necessary to term of its license, that— the provisions of subsection (c); allow the requesting carrier to implement ‘‘(i) the station has served the public inter- ‘‘(2) interLATA telecommunications serv- local dialing parity in a manner that permits est, convenience, and necessity; ices originating in any area where that com- consumers to be able to dial the same num- ‘‘(ii) there have been no serious violations pany is not the dominant provider of ber of digits when using any telecommuni- by the licensee of this Act or the rules and wireline telephone exchange service or ex- cations carrier providing telephone exchange regulations of the Commission; and change access service in accordance with the service or exchange access service. ‘‘(iii) there have been no other violations provisions of subsection (d); and ‘‘(M) Reciprocal compensation arrange- by the licensee of this Act or the rules and ‘‘(3) interLATA services that are incidental ments on a nondiscriminatory basis for the regulations of the Commission which, taken services in accordance with the provisions of origination and termination of telecommuni- together, would constitute a pattern of subsection (e). cations. abuse. ‘‘(b) SPECIFIC INTERLATA INTERCONNECTION ‘‘(N) Telecommunications services and net- ‘‘(B) If any licensee of a broadcast station REQUIREMENTS.— work functions provided on an unbundled fails to meet the requirements of this sub- ‘‘(1) IN GENERAL.—A Bell operating com- basis without any conditions or restrictions section, the Commission may deny the appli- pany may provide interLATA services in ac- on the resale or sharing of those services or cation for renewal in accordance with para- cordance with this section only if that com- graph (2), or grant such application on appro- functions, including both origination and priate terms and conditions, including re- pany has reached an interconnection agree- termination of telecommunications services, newal for a term less than the maximum ment under section 251 and that agreement other than reasonable conditions required by otherwise permitted. provides, at a minimum, for interconnection the Commission or a State. For purposes of ‘‘(2) If the Commission determines, after that meets the competitive checklist re- this subparagraph, it is not an unreasonable notice and opportunity for a hearing, that a quirements of paragraph (2). condition for the Commission or a State to licensee has failed to meet the requirements ‘‘(2) COMPETITIVE CHECKLIST.—Interconnec- limit the resale— specified in paragraph (1)(A) and that no tion provided by a Bell operating company to ‘‘(i) of services included in the definition of mitigating factors justify the imposition of other telecommunications carriers under universal service to a telecommunications lesser sanctions, the Commission shall— section 251 shall include: carrier who intends to resell that service to ‘‘(A) issue an order denying the renewal ap- ‘‘(A) Nondiscriminatory access on an a category of customers different from the plication filed by such licensee under section unbundled basis to the network functions category of customers being offered that uni- 308; and and services of the Bell operating company’s versal service by such carrier if the Commis- ‘‘(B) only thereafter accept and consider telecommunications network that is at least sion or State orders a carrier to provide the such applications for a construction permit equal in type, quality, and price to the ac- same service to different categories of cus- as may be filed under section 308 specifying cess the Bell operating company affords to tomers at different prices necessary to pro- the channel or broadcasting facilities of the itself or any other entity. mote universal service; or former licensee. ‘‘(B) The capability to exchange tele- ‘‘(ii) of subsidized universal service in a ‘‘(3) In making the determinations speci- communications between customers of the manner that allows companies to charge an- fied in paragraphs (1) or (2)(A), the Commis- Bell operating company and the tele- other carrier rates which reflect the actual sion shall not consider whether the public in- communications carrier seeking inter- cost of providing those services to that car- terest, convenience, and necessity might be connection. rier, exclusive of any universal service sup- served by the grant of a license to a person ‘‘(C) Nondiscriminatory access to the port received for providing such services in other than the renewal applicant.’’. poles, ducts, conduits, and rights-of-way accordance with section 214(d)(5). (2) Section 309(d) (47 U.S.C. 309(d)) is owned or controlled by the Bell operating ‘‘(3) JOINT MARKETING OF LOCAL AND LONG amended by inserting ‘‘(or subsection (k) in company at just and reasonable rates where DISTANCE SERVICES.—Until a Bell operating S 8582 CONGRESSIONAL RECORD — SENATE June 16, 1995 company is authorized to provide interLATA with section 706 of title 5 of the United State originating in any area where such company services in a telephone exchange area where Code. is not the dominant provider of wireline tele- that company is the dominant provider of ‘‘(ii) A judgment— phone exchange service or exchange access wireline telephone exchange service or ex- ‘‘(I) affirming any part of the determina- service. change access service, or until 36 months tion that approves granting all or part of the ‘‘(e) INCIDENTAL SERVICES.— have passed since the enactment of the Tele- requested authorization, or ‘‘(1) IN GENERAL.—Effective on the date of communications Act of 1995, whichever is ‘‘(II) reversing any part of the determina- enactment of the Telecommunications Act earlier, a telecommunications carrier that tion that denies all or part of the requested of 1995, a Bell operating company or its affil- serves greater than 5 percent of the Nation’s authorization, iate may provide interLATA services that presubscribed access lines may not jointly shall describe with particularity the nature are incidental to— market in such telephone exchange area and scope of the activity, and of each prod- ‘‘(A)(i) providing audio programming, telephone exchange service purchased from uct market or service market, and each geo- video programming, or other programming such company with interLATA services of- graphic market, to which the affirmance or services to subscribers of such company, fered by that telecommunications carrier. reversal applies. ‘‘(ii) providing the capability for inter- ‘‘(4) COMMISSION MAY NOT EXPAND COMPETI- ‘‘(5) REQUIREMENTS RELATING TO SEPARATE action by such subscribers to select or re- TIVE CHECKLIST.—The Commission may not, AFFILIATE; SAFEGUARDS; AND INTRALATA TOLL spond to such audio programming, video pro- by rule or otherwise, limit or extend the DIALING PARITY.— gramming, or other programming services, terms used in the competitive checklist. ‘‘(A) SEPARATE AFFILIATE; SAFEGUARDS.— to order, or control transmission of the pro- ‘‘(c) IN-REGION SERVICES.— Other than interLATA services authorized gramming, polling or balloting, and ordering ‘‘(1) APPLICATION.—Upon the enactment of the Telecommunications Act of 1995, a Bell by an order entered by the United States other goods or services, operating company or its affiliate may apply District Court for the District of Columbia ‘‘(iii) providing to distributors audio pro- to the Commission for authorization not- pursuant to the Modification of Final Judg- gramming or video programming that such withstanding the Modification of Final Judg- ment before the date of enactment of the company owns, controls, or is licensed by the ment to provide interLATA telecommuni- Telecommunications Act of 1995, a Bell oper- copyright owner of such programming, or by cations service originating in any area where ating company, or any affiliate of such a an assignee of such owner, to distribute, or such Bell operating company is the domi- company, providing interLATA services au- ‘‘(iv) providing alarm monitoring services, nant provider of wireline telephone exchange thorized under this subsection may provide ‘‘(B) providing— service or exchange access service. The ap- such interLATA services in that market ‘‘(i) a telecommunications service, using plication shall describe with particularity only in accordance with the requirements of the transmission facilities of a cable system the nature and scope of the activity and of section 252. that is an affiliate of such company, between each product market or service market, and ‘‘(B) INTRALATA TOLL DIALING PARITY.— LATAs within a cable system franchise area each geographic market for which authoriza- ‘‘(i) A Bell operating company granted au- in which such company is not, on the date of tion is sought. thority to provide interLATA services under enactment of the Telecommunications Act ‘‘(2) DETERMINATION BY COMMISSION.— this subsection shall provide intraLATA toll of 1995, a provider of wireline telephone ex- ‘‘(A) DETERMINATION.—Not later than 90 dialing parity throughout that market coin- change service, or days after receiving an application under cident with its exercise of that authority. If ‘‘(ii) two-way interactive video services or paragraph (1), the Commission shall issue a the Commission finds that such a Bell oper- Internet services over dedicated facilities to written determination, on the record after a ating company has provided interLATA serv- or for elementary and secondary schools as hearing and opportunity for comment, grant- ice authorized under this clause before its defined in section 264(d), ing or denying the application in whole or in implementation of intraLATA toll dialing ‘‘(C) providing a service that permits a cus- part. Before making any determination parity throughout that market, or fails to tomer that is located in one LATA to re- under this subparagraph, the Commission maintain intraLATA toll dialing parity trieve stored information from, or file infor- shall consult with the Attorney General re- throughout that market, the Commission, mation for storage in, information storage garding the application. In consulting with except in cases of inadvertent interruptions facilities of such company that are located the Commission under this subparagraph, or other events beyond the control of the in another LATA area, so long as the cus- the Attorney General may apply any appro- Bell operating company, shall suspend the tomer acts affirmatively to initiate the stor- priate standard. authority to provide interLATA service for age or retrieval of information, except that— ‘‘(B) APPROVAL.—The Commission may that market until the Commission deter- ‘‘(i) such service shall not cover any serv- only approve the authorization requested in mines that intraLATA toll dialing parity is ice that establishes a direct connection be- an application submitted under paragraph (1) implemented or reinstated. tween end users or any real-time voice and if it finds that— ‘‘(ii) Except for single-LATA States and data transmission, ‘‘(i) the petitioning Bell operating com- States which have issued an order by June 1, ‘‘(ii) such service shall not include voice, pany has fully implemented the competitive 1995 requiring a Bell operating company to data, or facsimile distribution services in checklist found in subsection (b)(2); and implement toll dialing parity, a State may which the Bell operating company or affili- ‘‘(ii) the requested authority will be car- not require a Bell operating company to im- ate forwards customer-supplied information ried out in accordance with the requirements plement toll dialing parity in an intraLATA to customer- or carrier-selected recipients, of section 252, area before a Bell operating company has ‘‘(iii) such service shall not include any and if the Commission determines that the been granted authority under this subsection service in which the Bell operating company requested authorization is consistent with to provide interLATA services in that area or affiliate searches for and connects with the public interest, convenience, and neces- or before three years after the date of enact- the intended recipient of information, or any sity. If the Commission does not approve an ment of the Telecommunications Act of 1995, service in which the Bell operating company application under this subparagraph, it shall whichever is earlier. Nothing in this clause or affiliate automatically forwards stored state the basis for its denial of the applica- precludes a State from issuing an order re- voicemail or other information to the in- tion. quiring toll dialing parity in an intraLATA tended recipient, and ‘‘(3) PUBLICATION.—Not later than 10 days area prior to either such date so long as such ‘‘(iv) customers of such service shall not be after issuing a determination under para- order does not take effect until after the ear- billed a separate charge for the interLATA graph (2), the Commission shall publish in lier of either such dates. telecommunications furnished in conjunc- the Federal Register a brief description of ‘‘(iii) In any State in which intraLATA toll tion with the provision of such service, the determination. dialing parity has been implemented prior to ‘‘(D) providing signaling information used ‘‘(4) JUDICIAL REVIEW.— the earlier date specified in clause (ii), no in connection with the provision of tele- ‘‘(A) COMMENCEMENT OF ACTION.—Not later telecommunications carrier that serves phone exchange service or exchange access than 45 days after a determination by the greater than five percent of the Nation’s service to another local exchange carrier; or Commission is published under paragraph (3), presubscribed access lines may jointly mar- ‘‘(E) providing network control signaling the Bell operating company or its subsidiary ket interLATA telecommunications services information to, and receiving such signaling or affiliate that applied to the Commission and intraLATA toll telecommunications information from, interexchange carriers at under paragraph (1), or any person who services in a telephone exchange area in such any location within the area in which such would be threatened with loss or damage as State until a Bell operating company is au- company provides telephone exchange serv- a result of the determination regarding such thorized under this subsection to provide ice or exchange access service. company’s engaging in the activity described interLATA services in such telephone ex- ‘‘(2) LIMITATIONS.—The provisions of para- in its application, may commence an action change area or until three years after the graph (1) are intended to be narrowly con- in any United States Court of Appeals date of enactment of the Telecommuni- strued. The transmission facilities used by a against the Commission for judicial review cations Act of 1995, whichever is earlier. Bell operating company or affiliate thereof of the determination regarding the applica- ‘‘(d) OUT-OF-REGION SERVICES.—Effective to provide interLATA telecommunications tion. on the date of enactment of the Tele- under paragraph (1)(C) and subsection (f) ‘‘(B) JUDGMENT.— communications Act of 1995, a Bell operating shall be leased by that company from unaf- ‘‘(i) The Court shall enter a judgment after company or its affiliate may provide filiated entities on terms and conditions (in- reviewing the determination in accordance interLATA telecommunications services cluding price) no more favorable than those June 16, 1995 CONGRESSIONAL RECORD — SENATE S 8583 available to the competitors of that com- obligations of section 251(a) of the Commu- is acting on its behalf or on behalf of its af- pany until that Bell operating company re- nications Act of 1934, and filiate, shall permit any person to partici- ceives authority to provide interLATA serv- (B) the Commission finds that such re- pate fully on a non-discriminatory basis in ices under subsection (c). The interLATA quirement is in the public interest. the process of establishing standards and services provided under paragraph (1)(A) are SEC. 222. REMOVAL OF MANUFACTURING RE- certifying equipment used in or inter- limited to those interLATA transmissions STRICTIONS. connected to the public telecommunications incidental to the provision by a Bell operat- (a) IN GENERAL.—Part II of title II (47 network. ing company or its affiliate of video, audio, U.S.C. 251 et seq.), as added by this Act, is ‘‘(C) A Bell operating company shall, con- and other programming services that the amended by inserting after section 255 the sistent with the antitrust laws, engage in company or its affiliate is engaged in provid- following new section: joint network planning and design with local exchange carriers operating in the same area ing to the public. A Bell operating company ‘‘SEC. 256. REGULATION OF MANUFACTURING BY may not provide telecommunications serv- BELL OPERATING COMPANIES. of interest. No participant in such planning shall be allowed to delay the introduction of ices not described in paragraph (1) without ‘‘(a) AUTHORIZATION.— new technology or the deployment of facili- receiving the approvals required by sub- ‘‘(1) IN GENERAL.—Notwithstanding any re- section (c). The provision of services author- striction or obligation imposed before the ties to provide telecommunications services, ized under this subsection by a Bell operat- date of enactment of the Telecommuni- and agreement with such other carriers shall not be required as a prerequisite for such in- ing company or its affiliate shall not ad- cations Act of 1995 pursuant to the Modifica- troduction or deployment. A Bell operating versely affect telephone exchange ratepayers tion of Final Judgment on the lines of busi- company shall provide, to other local ex- or competition in any telecommunications ness in which a Bell operating company may change carriers operating in the same area of market. engage, if the Commission authorizes a Bell interest, timely information on the planned ‘‘(f) COMMERCIAL MOBILE SERVICE.—A Bell operating company to provide interLATA deployment of telecommunications equip- operating company may provide interLATA services under section 255, then that comment, including software integral to such commercial mobile service except where pany may be authorized by the Commission telecommunications equipment and upgrades such service is a replacement for land line to manufacture and provide telecommuni- of that software. telephone exchange service for a substantial cations equipment, and to manufacture cus- portion of the land line telephone exchange ‘‘(D) A manufacturing affiliate of a Bell op- tomer premises equipment, at any time after erating company may not restrict sales to service in a State in accordance with section that determination is made, subject to the 322(c) and with the regulations prescribed by any local exchange carrier of telecommuni- requirements of this section and the regula- cations equipment, including software inte- the Commission. tions prescribed, except that neither a Bell ‘‘(g) DEFINITIONS.—As used in this section— gral to the operation of such equipment and operating company nor any of its affiliates related upgrades. ‘‘(1) AUDIO PROGRAMMING SERVICES.—The may engage in such manufacturing in con- term ‘audio programming services’ means ‘‘(E) A Bell operating company and any en- junction with a Bell operating company not tity it owns or otherwise controls shall pro- programming provided by, or generally con- so affiliated or any of its affiliates. sidered to be comparable to programming tect the proprietary information submitted ‘‘(2) CERTAIN RESEARCH AND DESIGN AR- with contract bids and in the standards and provided by, a radio broadcast station. RANGEMENTS; ROYALTY AGREEMENTS.—Upon ‘‘(2) VIDEO PROGRAMMING SERVICES; OTHER certification processes from release not spe- adoption of rules by the Commission under cifically authorized by the owner of such in- PROGRAMMING SERVICES.—The terms ‘video section 252, a Bell operating company may— programming service’ and ‘other program- formation. ‘‘(A) engage in research and design activi- ‘‘(d) COLLABORATION WITH OTHER MANUFAC- ming services’ have the same meanings as ties related to manufacturing, and TURERS.—A Bell operating company and its such terms have under section 602 of this ‘‘(B) enter into royalty agreements with affiliates may engage in close collaboration Act. manufacturers of telecommunications equip- with any manufacturer of customer premises ‘‘(h) CERTAIN SERVICE APPLICATIONS TREAT- ment. equipment or telecommunications equip- ED AS IN-REGION SERVICE APPLICATIONS.—For ‘‘(b) SEPARATE AFFILIATE; SAFEGUARDS.— ment not affiliated with a Bell operating purposes of this section, a Bell operating Any manufacturing or provision of equip- company during the design and development company application to provide 800 service, ment authorized under subsection (a) shall of hardware, software, or combinations private line service, or their equivalents be conducted in accordance with the require- thereof relating to such equipment. that— ments of section 252. ‘‘(e) INFORMATION ON PROTOCOLS AND TECH- ‘‘(1) terminate in an area where the Bell ‘‘(c) PROTECTION OF SMALL TELEPHONE COM- NICAL REQUIREMENTS.—The Commission shall operating company is the dominant provider PANY INTERESTS.— prescribe regulations to require that each of wireline telephone exchange service or ex- ‘‘(1) EQUIPMENT TO BE MADE AVAILABLE TO Bell operating company shall maintain and change access service, and OTHERS.—A manufacturing affiliate of a Bell file with the Commission full and complete ‘‘(2) allow the called party to determine operating company shall make available, information with respect to the protocols the interLATA carrier, without discrimination or self-preference as and technical requirements for connection shall be considered an in-region service sub- to price, delivery, terms, or conditions, to all with and use of its telephone exchange serv- ject to the requirements of subsection (c) local exchange carriers, for use with the pub- ice facilities. Such regulations shall require and not of subsection (d).’’. lic telecommunications network, any tele- each such Bell company to report promptly (b) LONG DISTANCE ACCESS FOR COMMERCIAL communications equipment, including soft- to the Commission any material changes or MOBILE SERVICES.— ware integral to such telecommunications planned changes to such protocols and re- (1) IN GENERAL.—Notwithstanding any re- equipment, including upgrades, manufac- quirements, and the schedule for implemen- striction or obligation imposed pursuant to tured by such affiliate if each such purchas- tation of such changes or planned changes. the Modification of final Judgment or other ing carrier— ‘‘(f) ADDITIONAL RULES AND REGULATIONS.— consent decree or proposed consent decree ‘‘(A) does not manufacture telecommuni- The Commission may prescribe such addi- prior to the date of enactment of this Act, a cations equipment or have an affiliate which tional rules and regulations as the Commis- person engaged in the provision of commer- manufactures telecommunications equip- sion determines are necessary to carry out cial mobile services (as defined in section ment; or the provisions of this section, and otherwise 332(d)(1) of the Communications Act of 1934), ‘‘(B) agrees to make available, to the Bell to prevent discrimination and cross-sub- insofar as such person is so engaged, shall operating company that is the parent of the sidization in a Bell operating company’s not be required by court order or otherwise manufacturing affiliate or any of the local dealings with its affiliate and with third par- to provide equal access to interexchange exchange carrier affiliates of such Bell com- ties. telecommunications carriers, except as pro- pany, any telecommunications equipment, ‘‘(g) ADMINISTRATION AND ENFORCEMENT.— vided by this section. Such a person shall en- including software integral to such tele- ‘‘(1) COMMISSION AUTHORITY.—For the pur- sure that its subscribers can obtain communications equipment, including up- poses of administering and enforcing the pro- unblocked access to the provider of grades, manufactured for use with the public visions of this section and the regulations interexchange services of the subscriber’s telecommunications network by such pur- prescribed under this section, the Commis- choice through the use of an interexchange chasing carrier or by any entity or organiza- sion shall have the same authority, power, carrier identification code assigned to such tion with which such purchasing carrier is and functions with respect to any Bell oper- provider, except that the requirements for affiliated. ating company as the Commission has in ad- unblocking shall not apply to mobile sat- ‘‘(2) NON-DISCRIMINATION STANDARDS.— ministering and enforcing the provisions of ellite services unless the Commission finds it ‘‘(A) A Bell operating company and any en- this title with respect to any common car- to be in the public interest. tity acting on its behalf shall make procure- rier subject to this Act. (2) EQUAL ACCESS REQUIREMENT CONDI- ment decisions and award all supply con- ‘‘(2) CIVIL ACTIONS BY INJURED PARTIES.— TIONS.—The Commission may only require a tracts for equipment, services, and software Any party injured by an act or omission of a person engaged in the provision of commer- on the basis of open, competitive bidding, Bell operating company or its manufacturing cial mobile services to provide equal access and an objective assessment of price, qual- affiliate which violates the requirements of to interexchange carriers if— ity, delivery, and other commercial factors. paragraph (1) or (2) of subsection (c), or the (A) such person, insofar as such person is ‘‘(B) A Bell operating company and any en- Commission’s regulations implementing so engaged, is subject to the interconnection tity it owns or otherwise controls, or which such paragraphs, may initiate an action in a S 8584 CONGRESSIONAL RECORD — SENATE June 16, 1995 district court of the United States to recover this part may be fined up to $500,000,000 by a pany in the provision of alarm monitoring the full amount of damages sustained in con- district court of the United States of com- services, including the regulations pre- sequence of any such violation and obtain petent jurisdiction. scribed under subsection (c). such orders from the court as are necessary ‘‘(2) A Bell operating company that repeat- ‘‘(c) REGULATIONS REQUIRED.— to terminate existing violations and to pre- edly, knowingly, and without reasonable ‘‘(1) Not later than 1 year after the date of vent future violations; or such party may cause fails to meet its obligations under sec- enactment of the Telecommunications Act seek relief from the Commission pursuant to tion 255 for the provision of interLATA serv- of 1995, the Commission shall prescribe regu- sections 206 through 209. ice may have its authority to provide any lations— ‘‘(h) APPLICATION TO BELL COMMUNICATIONS service suspended if its right to provide that ‘‘(A) to establish such requirements, limi- RESEARCH.—Nothing in this section— service is conditioned upon its meeting those tations, or conditions as are— ‘‘(1) provides any authority for Bell Com- obligations. ‘‘(i) necessary and appropriate in the pub- munications Research, or any successor en- ‘‘(c) ENFORCEMENT BY PRIVATE RIGHT OF lic interest with respect to the provision of tity, to manufacture or provide tele- ACTION.— alarm monitoring services by Bell operating communications equipment or to manufac- ‘‘(1) DAMAGES.—Any person who is injured ture customer premises equipment; or in its business or property by reason of a vio- companies and their affiliates, and ‘‘(2) prohibits Bell Communications Re- lation of section 251 or 255 may bring a civil ‘‘(ii) effective at such time as a Bell oper- search, or any successor entity, from engag- action in any district court of the United ating company or any of its subsidiaries or ing in any activity in which it is lawfully en- States in the district in which the defendant affiliates is authorized to provide alarm gaged on the date of enactment of the Tele- resides or is found or has an agent, without monitoring services; and communications Act of 1995, including pro- respect to the amount in controversy. ‘‘(B) to establish procedures for the receipt viding a centralized organization for the pro- ‘‘(2) INTEREST.—The court may award and review of complaints concerning viola- vision of engineering, administrative, and under this section, pursuant to a motion by tions by such companies of such regulations, other services (including serving as a single such person promptly made, simple interest or of any other provision of this Act or the point of contact for coordination of the Bell on actual damages for the period beginning regulations thereunder, that result in mate- operating companies to meet national secu- on the date of service of such person’s plead- rial financial harm to a provider of alarm rity and emergency preparedness require- ing setting forth a claim under this title and monitoring services. ments). ending on the date of judgment, or for any ‘‘(2) A Bell operating company, its affili- ‘‘(i) DEFINITIONS.—As used in this section— shorter period therein, if the court finds that ates, and any local exchange carrier are pro- ‘‘(1) The term ‘customer premises equip- the award of such interest for such period is hibited from recording or using in any fash- ment’ means equipment employed on the just in the circumstances. ion the occurrence or contents of calls re- premises of a person (other than a carrier) to ‘‘(d) PAYMENT OF CIVIL PENALTIES, DAM- ceived by providers of alarm monitoring originate, route, or terminate telecommuni- AGES, OR INTEREST.—No civil penalties, dam- services for the purposes of marketing such cations. ages, or interest assessed against any local services on behalf of the Bell operating com- ‘‘(2) The term ‘manufacturing’ has the exchange carrier as a result of a violation re- pany, any of its affiliates, the local exchange same meaning as such term has in the Modi- ferred to in this section will be charged di- carrier, or any other entity. Any regulations fication of Final Judgment. rectly or indirectly to that company’s rate necessary to enforce this paragraph shall be ‘‘(3) The term ‘telecommunications equip- payers.’’. issued initially within 6 months after the ment’ means equipment, other than cus- (b) CERTAIN BROADCASTS.—Section date of enactment of the Telecommuni- tomer premises equipment, used by a carrier 1307(a)(2) of title 18, United States Code, is cations Act of 1995. to provide telecommunications services.’’. amended— ‘‘(d) EXPEDITED CONSIDERATION OF COM- (b) EFFECT ON PRE-EXISTING MANUFACTUR- (1) by striking ‘‘or’’ after the semicolon at PLAINTS.—The procedures established under ING AUTHORITY.—Nothing in this section, or the end of subparagraph (A); subsection (c) shall ensure that the Commis- in section 256 of the Communications Act of (2) by striking the period at the end of sub- sion will make a final determination with re- 1934 as added by this section, prohibits any paragraph (B) and inserting a semicolon and spect to any complaint described in such Bell operating company from engaging, di- ‘‘or’’; and subsection within 120 days after receipt of rectly or through any affiliate, in any manu- (3) by adding at the end thereof the follow- the complaint. If the complaint contains an facturing activity in which any Bell operating: appropriate showing that the alleged viola- ing company or affiliate was authorized to ‘‘(C) conducted by a commercial organization occurred, as determined by the Commis- engage on the date of enactment of this Act. tion and is contained in a publication pub- sion in accordance with such regulations, the SEC. 223. EXISTING ACTIVITIES. lished in a State in which such activities or Commission shall, within 60 days after re- Nothing in this Act, or any amendment the publication of such activities are author- ceipt of the complaint, issue a cease and de- made by this Act, prohibits a Bell operating ized or not otherwise prohibited, or broad- sist order to prevent the Bell operating com- company from engaging, at any time after cast by a radio or television station licensed pany and its subsidiaries and affiliates from the date of enactment of this Act, in any ac- in a State in which such activities or the continuing to engage in such violation pend- tivity authorized by an order entered by the broadcast of such activities are authorized or ing such final determination. United States District Court for the District not otherwise prohibited.’’. ‘‘(e) REMEDIES.—The Commission may use of Columbia pursuant to section VII or SEC. 225. ALARM MONITORING SERVICES. any remedy available under title V of this VIII(C) of the Modification of Final Judg- Part II of title II (47 U.S.C. 251 et seq.), as Act to terminate and to impose sanctions on ment, if such order was entered on or before added by this Act, is amended by inserting violations described in subsection (c). Such the date of enactment of this Act. after section 257 the following new section: remedies may include, if the Commission de- SEC. 224. ENFORCEMENT. ‘‘SEC. 258. REGULATION OF ENTRY INTO ALARM termines that such violation was willful or (a) IN GENERAL.—Part II of title II (47 MONITORING SERVICES. repeated, ordering the Bell operating com- U.S.C. 251 et seq.), as added by this Act, is ‘‘(a) IN GENERAL.—Except as provided in pany or its affiliate to cease offering alarm amended by inserting after section 256 the this section, a Bell operating company, or monitoring services. following: any affiliate of that company, may not pro- ‘‘(f) SAVINGS PROVISION.—Subsections (a) ‘‘SEC. 257. ENFORCEMENT. vide alarm monitoring services for the pro- and (b) do not prohibit or limit the provision ‘‘(a) IN GENERAL.—In addition to any pen- tection of life, safety, or property. A Bell op- of alarm monitoring services by a Bell oper- alty, fine, or other enforcement remedy erating company may transport alarm mon- ating company or an affiliate that was en- under this Act, the failure by a tele- itoring service signals on a common carrier gaged in providing those services as of June communications carrier to implement the basis only. 1, 1995, to the extent that such company— requirements of section 251 or 255, including ‘‘(b) AUTHORITY TO PROVIDE ALARM MON- ‘‘(1) continues to provide those services a failure to comply with the terms of an ITORING SERVICES.—Beginning 4 years after through the affiliate through which it was interconnection agreement approved under the date of enactment of the Telecommuni- providing them on that date; and section 251, is punishable by a civil penalty cations Act of 1995, a Bell operating company ‘‘(2) does not acquire, directly or indi- of not to exceed $1,000,000 per offense. Each may provide alarm monitoring services for rectly, an equity interest in another entity day of a continuing offense shall be treated the protection of life, safety, or property if it engaged in providing alarm monitoring serv- as a separate violation for purposes of levy- has been authorized to provide interLATA ices. ing any penalty under this subsection. services under section 255 unless the Com- ‘‘(b) NONCOMPLIANCE WITH INTERCONNECTION mission finds that the provision of alarm ‘‘(g) ALARM MONITORING SERVICES DE- OR SEPARATE SUBSIDIARY REQUIREMENTS.— monitoring services by such company is not FINED.—As used in this section, the term ‘‘(1) A Bell operating company that repeat- in the public interest. The Commission may ‘alarm monitoring services’ means services edly, knowingly, and without reasonable not find that provision of alarm monitoring that detect threats to life, safety, or prop- cause fails to implement an interconnection services by a Bell operating company is in erty by burglary, fire, vandalism, bodily in- agreement approved under section 251, to the public interest until it finds that it has jury, or other emergency through the use of comply with the requirements of such agree- the capability effectively to enforce any re- devices that transmit signals to a central ment after implementing them, or to comply quirements, limitations, or conditions that point in a customer’s residence, place of with the separate affiliate requirements of may be placed upon a Bell operating com- business, or other fixed premises which— June 16, 1995 CONGRESSIONAL RECORD — SENATE S 8585 ‘‘(1) retransmits such signals to a remote (v) enhanced telecommunications services customers, including common carriers resell- monitoring center by means of telecommuni- for educational institutions; or ing the telecommunications services pro- cations facilities of the Bell operating com- (vi) any other measures Commission or a vided by a telecommunications carrier. A pany and any subsidiary or affiliate; and State, as appropriate, determines to be in telecommunications carrier that receives ‘‘(2) serves to alert persons at the monitor- the public interest. such information from another carrier for ing center of the need to inform customers, (B) The Commission or a State, as appro- purposes of provisioning, billing, or facilitat- other persons, or police, fire, rescue, or other priate, may apply such alternative forms of ing the resale of its service shall use such in- security or public safety personnel of the regulation to any other telecommunications formation only for such purpose, and shall threat at such premises. carrier that is subject to rate of return regu- not use such information for its own market- Such term does not include medical monitor- lation under this Act. ing efforts. Nothing in this subsection pro- ing devices attached to individuals for the (C) Any such alternative form of regula- hibits a carrier from using customer infor- automatic surveillance of ongoing medical tion— mation obtained from its customers, either (i) shall be consistent with the objectives conditions.’’. directly or indirectly through its agents— of preserving and advancing universal serv- (1) to provide, market, or bill for its serv- SEC. 226. NONAPPLICABILITY OF MODIFICATION ice, guaranteeing high quality service, ensur- OF FINAL JUDGMENT. ices; or ing just, reasonable, and affordable rates, (2) to perform credit evaluations on exist- Notwithstanding any other provision of and encouraging economic efficiency; and ing or potential customers. law or of any judicial order, no person shall (ii) shall meet such other criteria as the (e) REGULATORY RELIEF.— be subject to the provisions of the Modifica- Commission or a State, as appropriate, finds (1) STREAMLINED PROCEDURES FOR CHANGES tion of Final Judgment solely by reason of to be consistent with the public interest, IN CHARGES, CLASSIFICATIONS, REGULATIONS, having acquired commercial mobile service convenience, and necessity. OR PRACTICES.— or private mobile service assets or oper- (D) Nothing in this section shall prohibit (A) Section 204(a) (47 U.S.C. 204(a)) is ations previously owned by a Bell operating the Commission, for interstate services, and amended— company or an affiliate of a Bell operating the States, for intrastate services, from con- (i) by striking ‘‘12 months’’ the first place company. sidering the profitability of telecommuni- it appears in paragraph (2)(A) and inserting cations carriers when using alternative TITLE III—AN END TO REGULATION ‘‘5 months’’; forms of regulation other than rate of return SEC. 301. TRANSITION TO COMPETITIVE PRICING. (ii) by striking ‘‘effective,’’ and all that regulation (including price regulation and follows in paragraph (2)(A) and inserting ‘‘ef- (a) PRICING FLEXIBILITY.— incentive regulation) to ensure that regu- fective.’’; and (1) IN GENERAL.—The Commission and the lated rates are just and reasonable. States shall provide to telecommunications (b) TRANSITION PLAN REQUIRED.—If the (iii) by adding at the end thereof the fol- carriers price flexibility in the rates charged Commission or a State adopts rules for the lowing: consumers for the provision of telecommuni- distribution of support payments under sec- ‘‘(3) A local exchange carrier may file with cations services within one year after the tion 253 of the Communications Act of 1934, the Commission a new or revised charge, date of enactment of this Act. The Commis- as amended by this Act, such rules shall in- classification, regulation, or practice on a sion or a State may establish the rate conclude a transition plan to allow essential streamlined basis. Any such charge, classi- sumers may be charged for services included telecommunications carriers to provide for fication, regulation, or practice shall be in the definition of universal service, as well an orderly transition from the universal deemed lawful and shall be effective 7 days as the contribution, if any, that all carriers service support mechanisms in existence (in the case of a reduction in rates) or 15 must contribute for the preservation and ad- upon the date of enactment of this Act and days (in the case of an increase in rates) vancement of universal service. Pricing the support mechanisms established by the after the date on which it is filed with the flexibility implemented pursuant to this sec- Commission and the States under this Act or Commission unless the Commission takes tion for the purpose of allowing a regulated the Communications Act of 1934 as amended action under paragraph (1) before the end of telecommunications provider to respond to by this Act. Any such transition plan shall— that 7-day or 15-day period, as is appro- competition by repricing services subject to (1) provide a phase-in of the price flexibil- priate.’’. competition shall not have the effect of ity requirements under subsection (a) for an (B) Section 208(b) (47 U.S.C. 208(b)) is using noncompetitive services to subsidize essential telecommunications carrier that is amended— competitive services. also a rural telephone company; and (i) by striking ‘‘12 months’’ the first place (2) CONSUMER PROTECTION.—The Commis- (2) require the United States Government it appears in paragraph (1) and inserting ‘‘5 sion and the States shall ensure that rates and the States, where permitted by law, to months’’; and for telephone service remain just, reason- modify any regulatory requirements (includ- (ii) by striking ‘‘filed,’’ and all that follows able, and affordable as competition develops ing conditions for the repayment of loans in paragraph (1) and inserting ‘‘filed.’’. for telephone exchange service and telephone and the depreciation of assets) applicable to (2) EXTENSIONS OF LINES UNDER SECTION 214; exchange access service. Until sufficient carriers designated as essential tele- ARMIS REPORTS.—Notwithstanding section competition exists in a market, the Commis- communications carriers in order to more 305, the Commission shall permit any local sion or a State may establish the rate that a accurately reflect the conditions that would exchange carrier— carrier may charge for any such service if be imposed in a competitive market for simi- (A) to be exempt from the requirements of such rate is necessary for the protection of lar assets or services. section 214 of the Communications Act of consumers. Any such rate shall cease to be (c) DUTY TO PROVIDE SUBSCRIBER LIST IN- 1934 for the extension of any line; and regulated whenever the Commission or a FORMATION.— (B) to file cost allocation manuals and State determines that it is no longer nec- (1) IN GENERAL.—A carrier that provides ARMIS reports annually, to the extent such essary for the protection of consumers. The local exchange telephone service shall pro- carrier is required to file such manuals or re- Commission shall establish cost allocation vide subscriber list information gathered in ports. guidelines for facilities owned by an essen- its capacity as a provider of such service on (3) FOREBEARANCE AUTHORITY NOT LIM- tial telecommunications carrier that are a timely and unbundled basis, under non- ITED.—Nothing in this subsection shall be used for the provision of both services in- discriminatory and reasonable rates, terms, construed to limit the authority of the Com- cluded in the definition of universal service and conditions, to any person requesting mission or a State to waive, modify, or fore- and video programming sold by such carrier such information for the purpose of publish- bear from applying any of the requirements directly to subscribers, if such allocation is ing directories in any format. to which reference is made in paragraph (1) necessary for the protection of consumers. (2) SUBSCRIBER LIST INFORMATION DE- under any other provision of this Act or (3) RATE-OF-RETURN REGULATION ELIMI- FINED.—As used in this subsection, the term other law. NATED.— ‘‘subscriber list information’’ means any in- SEC. 302. BIENNIAL REVIEW OF REGULATIONS; (A) In instituting the price flexibility re- formation— ELIMINATION OF UNNECESSARY quired under paragraph (1) the Commission (A) identifying the listed names of sub- REGULATIONS AND FUNCTIONS. and the States shall establish alternative scribers of a carrier and such subscribers’ (a) BIENNIAL REVIEW.—Part II of title II (47 forms of regulation for Tier 1 telecommuni- listed telephone numbers, addresses, or pri- U.S.C. 251 et seq.), as added by this Act, is cations carriers that do not include regula- mary advertising classifications, as such amended by inserting after section 258 the tion of the rate of return earned by such car- classifications are assigned at the time of following new section: rier as part of a plan that provides for any or the establishment of service, or any com- all of the following— bination of such names, numbers, addresses, ‘‘SEC. 259. REGULATORY REFORM. (i) the advancement of competition in the or classifications; and ‘‘(a) BIENNIAL REVIEW OF REGULATIONS.—In provision of telecommunications services; (B) that the carrier or an affiliate has pub- every odd-numbered year (beginning with (ii) improvements in productivity; lished, caused to be published, or accepted 1997), the Commission, with respect to its (iii) improvements in service quality; for publication in a directory in any format. regulations under this Act, and a Federal- (iv) measures to ensure customers of non- (d) CONFIDENTIALITY.—A telecommuni- State Joint Board established under section competitive services do not bear the risks as- cations carrier has a duty to protect the con- 410, for State regulations— sociated with the provision of competitive fidentiality of proprietary information of, ‘‘(1) shall review all regulations issued services; and relating to, other common carriers and under this Act, or under State law, in effect S 8586 CONGRESSIONAL RECORD — SENATE June 16, 1995

at the time of the review that apply to oper- (7) EXPEDITING INSTRUCTIONAL TELEVISION Commission shall forbear from applying any ations or activities of providers of any tele- FIXED SERVICE PROCESSING.—The Commission regulation or any provision of this Act to a communications services; and shall delegate, under section 5(c) of the Com- telecommunications carrier or service, or ‘‘(2) shall determine whether any such reg- munications Act of 1934, the conduct of rou- class of carriers or services, in any or some ulation is no longer necessary in the public tine instructional television fixed service of its or their geographic markets if the interest as the result of meaningful eco- cases to its staff for consideration and final Commission determines that— nomic competition between the providers of action. ‘‘(1) enforcement of such regulation or pro- such service. (8) DELEGATION OF EQUIPMENT TESTING AND vision is not necessary to ensure that the ‘‘(b) EFFECT OF DETERMINATION.—The Com- CERTIFICATION TO PRIVATE LABORATORIES.— charges, practices, classifications, or regula- mission shall repeal any regulation it deter- Section 302 (47 U.S.C. 302) is amended by add- tions by, for, or in connection with that car- mines to be no longer necessary in the public ing at the end the following: rier or service are just and reasonable and interest. The Joint Board shall notify the ‘‘(e) The Commission may— are not unjustly or unreasonably discrimina- Governor of any State of any State regula- ‘‘(1) authorize the use of private organiza- tory; tion it determines to be no longer necessary tions for testing and certifying the compli- ‘‘(2) enforcement of such regulation or pro- in the public interest. ance of devices or home electronic equip- vision is not necessary for the protection of ‘‘(c) CLASSIFICATION OF CARRIERS.—In ment and systems with regulations promul- consumers or the preservation and advance- classifying carriers according to 47 CFR 32.11 gated under this section; ment of universal service; and and in establishing reporting requirements ‘‘(2) accept as prima facie evidence of such ‘‘(3) forbearance from applying such regu- pursuant to 47 CFR part 43 and 47 CFR 64.903, compliance the certification by any such or- lation or provision is consistent with the the Commission shall adjust the revenue re- ganization; and public interest. quirements to account for inflation as of the ‘‘(3) establish such qualifications and ‘‘(b) COMPETITIVE EFFECT TO BE WEIGHED.— release date of the Commission’s Report and standards as it deems appropriate for such In making the determination under sub- Order in CC Docket No. 91–141, and annually private organizations, testing, and certifi- section (a)(3), the Commission shall consider thereafter. This subsection shall take effect cation.’’. whether forbearance from enforcing the reg- on the date of enactment of the Tele- (9) MAKING LICENSE MODIFICATION UNI- ulation or provision will promote competi- communications Act of 1995.’’. FORM.—Section 303(f) (47 U.S.C. 303(f)) is tive market conditions, including the extent (b) ELIMINATION OF UNNECESSARY COMMIS- amended by striking ‘‘unless, after a public to which such forbearance will enhance com- SION REGULATIONS AND FUNCTIONS.— hearing,’’ and inserting ‘‘unless’’. (1) REPEAL SETTING OF DEPRECIATION petition among providers of telecommuni- (10) PERMIT OPERATION OF DOMESTIC SHIP RATES.—The first sentence of section 220(b) cations services. If the Commission deter- (47 U.S.C. 220(b)) is amended by striking AND AIRCRAFT RADIOS WITHOUT LICENSE.—Sec- mines that such forbearance will promote ‘‘shall prescribe for such carriers’’ and in- tion 307(e) (47 U.S.C. 307(e)) is amended by— competition among providers of tele- serting ‘‘may prescribe, for such carriers as (A) striking ‘‘service and the citizens band communications services, that determina- it determines to be appropriate,’’. radio service’’ in paragraph (1) and inserting tion may be the basis for a Commission find- ‘‘service, citizens band radio service, domes- (2) USE OF INDEPENDENT AUDITORS.—Section ing that forbearance is in the public interest. 220(c) (47 U.S.C. 220(c)) is amended by adding tic ship radio service, domestic aircraft radio ‘‘(c) END OF REGULATION PROCESS.—Any at the end thereof the following: ‘‘The Com- service, and personal radio service’’; and telecommunications carrier, or class of tele- mission may obtain the services of any per- (B) striking ‘‘service’ and ‘citizens band communications carriers, may submit a peti- son licensed to provide public accounting radio service’ ’’ in paragraph (3) and inserting tion to the Commission requesting that the services under the law of any State to assist ‘‘service’, ‘citizens band radio service’, ‘do- Commission exercise the authority granted with, or conduct, audits under this section. mestic ship radio service’, ‘domestic aircraft under this section with respect to that car- While so employed or engaged in conducting radio service’, and ‘personal radio service’ ’’. rier or those carriers, or any service offered an audit for the Commission under this sec- (11) EXPEDITED LICENSING FOR FIXED MICRO- by that carrier or carriers. Any such petition tion, any such person shall have the powers WAVE SERVICE.—Section 309(b)(2) (47 U.S.C. shall be deemed granted if the Commission granted the Commission under this sub- 309(b)(2)) is amended by striking subpara- does not deny the petition for failure to meet section and shall be subject to subsection (f) graph (A) and redesignating subparagraphs the requirements for forebearance under sub- in the same manner as if that person were an (B) through (G) as (A) through (F), respec- section (a) within 90 days after the Commis- employee of the Commission.’’. tively. sion receives it, unless the 90-day period is (12) ELIMINATE FCC JURISDICTION OVER GOV- (3) SIMPLIFICATION OF FEDERAL-STATE CO- extended by the Commission. The Commis- ERNMENT-OWNED SHIP RADIO STATIONS.— ORDINATION PROCESS.—The Commission shall sion may extend the initial 90-day period by simplify and expedite the Federal-State co- (A) Section 305 (47 U.S.C. 305) is amended an additional 60 days if the Commission finds ordination process under section 410 of the by striking subsection (b) and redesignating that an extension is necessary to meet the Communications Act of 1934. subsections (c) and (d) as (b) and (c), respec- requirements of subsection (a). The Commis- tively. (4) PRIVATIZATION OF SHIP RADIO INSPEC- sion may grant or deny a petition in whole (B) Section 382(2) (47 U.S.C. 382(2)) is TIONS.—Section 385 (47 U.S.C. 385) is amended or in part and shall explain its decision in by adding at the end thereof the following: amended by striking ‘‘except a vessel of the writing. ‘‘In accordance with such other provisions of United States Maritime Administration, the ‘‘(d) LIMITATION.—Except as provided in law as apply to Government contracts, the Inland and Coastwise Waterways Service, or section 251(i)(3), the Commission may not Commission may enter into contracts with the Panama Canal Company,’’. waive the unbundling requirements of sec- any person for the purpose of carrying out (13) MODIFICATION OF AMATEUR RADIO EXAM- tion 251(b) or 255(b)(2) under subsection (a) such inspections and certifying compliance INATION PROCEDURES.— until it determines that those requirements with those requirements, and may, as part of (A) Section 4(f)(H)(N) (47 U.S.C. 4(f)(4)(B)) have been fully implemented.’’. any such contract, allow any such person to is amended by striking ‘‘transmissions, or in SEC. 304. ADVANCED TELECOMMUNICATIONS IN- accept reimbursement from the license hold- the preparation or distribution of any publi- CENTIVES. er for travel and expense costs of any em- cation used in preparation for obtaining (a) IN GENERAL.—The Commission and each ployee conducting an inspection or certifi- amateur station operator licenses,’’ and in- State commission with regulatory jurisdic- cation.’’. serting ‘‘transmission’’. tion over telecommunications services shall (B) The Commission shall modify its rules (5) MODIFICATION OF CONSTRUCTION PERMIT encourage the deployment on a reasonable governing the amateur radio examination REQUIREMENT.—Section 319(d) (47 U.S.C. and timely basis of advanced telecommuni- 319(d)) is amended by striking the third sen- process by eliminating burdensome record cations capability to all Americans (includ- tence and inserting the following: ‘‘The Com- maintenance and annual financial certifi- ing, in particular, elementary and secondary mission may waive the requirement for a cation requirements. schools and classrooms) by utilizing, in a construction permit with respect to a broad- (14) STREAMLINE NON-BROADCAST RADIO LI- manner consistent with the public interest, casting station in circumstances in which it CENSE RENEWALS.—The Commission shall convenience, and necessity, price cap regula- deems prior approval to be unnecessary. In modify its rules under section 309 of the tion, regulatory forbearance, or other regu- those circumstances, a broadcaster shall file Communications Act of 1934 (47 U.S.C. 309) lating methods that remove barriers to in- any related license application within 10 relating to renewal of nonbroadcast radio li- frastructure investment. days after completing construction.’’. censes so as to streamline or eliminate com- (b) INQUIRY.—The Commission shall, within parative renewal hearings where such hear- (6) LIMITATION ON SILENT STATION AUTHOR- 2 years after the date of enactment of this ings are unnecessary or unduly burdensome. IZATIONS.—Section 312 (47 U.S.C. 312) is Act, and regularly thereafter, initiate a no- amended by adding at the end the following: SEC. 303. REGULATORY FORBEARANCE. tice of inquiry concerning the availability of ‘‘(g) If a broadcasting station fails to Part II of title II (47 U.S.C. 251 et seq.), as advanced telecommunications capability to transmit broadcast signals for any consecu- added by this Act, is amended by inserting all Americans (including, in particular, ele- tive 12-month period, then the station li- after section 259 the following new section: mentary and secondary schools and class- cense granted for the operation of that ‘‘SEC. 260. COMPETITION IN PROVISION OF TELE- rooms) and shall complete the inquiry within broadcast station expires at the end of that COMMUNICATIONS SERVICE. 180 days after its initiation. In the inquiry, period, notwithstanding any provision, term, ‘‘(a) REGULATORY FLEXIBILITY.—Notwith- the Commission shall determine whether ad- or condition of the license to the contrary.’’. standing section 332(c)(1)(A) of this Act, the vanced telecommunications capability is June 16, 1995 CONGRESSIONAL RECORD — SENATE S 8587 being deployed to all Americans in a reason- of enactment of the Telecommunications ‘‘(B) video programming providers or own- able and timely fashion. If the Commission’s Act of 1995. ers maximize the accessibility of video pro- determination is negative, it shall take im- ‘‘(b) FINAL NUMBER PORTABILITY.—In con- gramming previously published or exhibited mediate action under this section, and it nection with any interconnection agreement through the provision of closed captions, if may preempt State commissions that fail to reached under section 251 of this Act, a local readily achievable, except as provided in act to ensure such availability. exchange carrier shall make available final paragraph (2). (c) DEFINITIONS.—For purposes of this sec- telecommunications number portability, ‘‘(2) EXEMPTIONS.—Notwithstanding para- tion— upon request, when the Commission deter- graph (1)— (1) COMMUNICATIONS ACT TERMS.—Any term mines that final telecommunications num- ‘‘(A) the Commission may exempt pro- used in this section which is defined in the ber portability is technically feasible. grams, classes of programs, locally produced Communications Act of 1934 shall have the ‘‘(c) NEUTRAL ADMINISTRATION OF NUMBER- programs, providers, classes of providers, or same meaning as it has in that Act. ING PLANS.— services for which the Commission has deter- (2) ADVANCED TELECOMMUNICATIONS CAPA- ‘‘(1) NATIONWIDE NEUTRAL NUMBER SYSTEM mined that the provision of closed caption- BILITY.—The term ‘‘advanced telecommuni- COMPLIANCE.— A telecommunications carrier ing would not be readily achievable to the cations capability’’ means high-speed, providing telephone exchange service shall provider or owner of such programming; switched, broadband telecommunications ca- comply with the guidelines, plan, or rules es- ‘‘(B) a provider of video programming or pability that enables users to originate and tablished by an impartial entity designated the owner of any program carried by the pro- receive high-quality voice, data, graphics, or created by the Commission for the admin- vider shall not be obligated to supply closed and video telecommunications. istration of a nationwide neutral number captions if such action would be inconsistent (3) ELEMENTARY AND SECONDARY SCHOOLS.— system. with a binding contract in effect on the date The term ‘‘elementary and secondary ‘‘(2) OVERLAY OF AREA CODES NOT PER- of enactment of the Telecommunications schools’’ means elementary schools and sec- MITTED.—All telecommunications carriers Act of 1995 for the remaining term of that ondary schools, as defined in paragraphs (14) providing telephone exchange service in the contract (determined without regard to any and (25), respectively, of section 14101 of the same telephone service area shall be per- extension of such term), except that nothing Elementary and Secondary Education Act of mitted to use the same numbering plan area in this subparagraph relieves a video pro- 1965 (20 U.S.C. 8801). code under such guideline, plan, or rules. gramming provider of its obligation to pro- SEC. 305. REGULATORY PARITY. ‘‘(d) COSTS.—The cost of establishing neu- vide services otherwise required by Federal Within 3 years after the date of enactment tral number administration arrangements law; and of this Act, and periodically thereafter, the and number portability shall be borne by all ‘‘(C) a provider of video programming or a Commission shall— telecommunications carriers on a competi- program owner may petition the Commission (1) issue such modifications or termi- tively neutral basis as determined by the for an exemption from the requirements of nations of the regulations applicable to per- Commission.’’. this section, and the Commission may grant sons offering telecommunications or infor- SEC. 308. ACCESS BY PERSONS WITH DISABIL- such a petition upon a showing that the re- mation services under title II, III, or VI of ITIES. quirements contained in this section would the Communications Act of 1934 as are nec- (a) IN GENERAL.—Part II of title II (47 not be readily achievable. essary to implement the changes in such Act U.S.C. 251 et seq.), as added by this Act, is amended by inserting after section 261 the ‘‘(g) REGULATIONS.—The Commission shall, made by this Act; not later than 24 months after the date of en- (2) in the regulations that apply to inte- following new section: ‘‘SEC. 262. ACCESS BY PERSONS WITH DISABIL- actment of the Telecommunications Act of grated telecommunications service provid- 1995, prescribe regulations to implement this ers, take into account the unique and dispar- ITIES. ‘‘(a) DEFINITIONS.—As used in this section— section. The regulations shall be consistent ate histories associated with the develop- ‘‘(1) DISABILITY.—The term ‘disability’ has with the guidelines developed by the Archi- ment and relative market power of such pro- the meaning given to it by section 3(2)(A) of tectural and Transportation Barriers Com- viders, making such modifications and ad- the Americans with Disabilities Act of 1990 pliance Board in accordance with subsection justments as are necessary in the regulation (42 U.S.C. 12102(2)(A)). (e). of such providers as are appropriate to en- ‘‘(2) READILY ACHIEVABLE.—The term ‘read- hance competition between such providers in ‘‘(h) ENFORCEMENT.—The Commission shall ily achievable’ has the meaning given to it light of that history; and enforce this section. The Commission shall by section 301(9) of that Act (42 U.S.C. (3) provide for periodic reconsideration of resolve, by final order, a complaint alleging 12181(9)). any modifications or terminations made to a violation of this section within 180 days ‘‘(b) MANUFACTURING.—A manufacturer of such regulations, with the goal of applying after the date on which the complaint is filed telecommunications equipment and cus- the same set of regulatory requirements to with the Commission.’’. tomer premises equipment shall ensure that all integrated telecommunications service the equipment is designed, developed, and (b) VIDEO DESCRIPTION.—Within 18 months providers, regardless of which particular fabricated to be accessible to and usable by after the date of enactment of this Act, the telecommunications or information service individuals with disabilities, if readily Commission shall commence a study of the may have been each provider’s original line achievable. feasibility of requiring the use of video de- of business. ‘‘(c) TELECOMMUNICATIONS SERVICES.—A scriptions on video programming in order to SEC. 306. AUTOMATED SHIP DISTRESS AND SAFE- provider of telecommunications service shall ensure the accessibility of video program- TY SYSTEMS. ensure that the service is accessible to and ming to individuals with visual impair- Notwithstanding any provision of the Com- usable by individuals with disabilities, if ments. For purposes of this subsection, the munications Act of 1934 or any other provi- readily achievable. term ‘‘video description’’ means the inser- sion of law or regulation, a ship documented ‘‘(d) COMPATIBILITY.—Whenever the re- tion of audio narrative descriptions of a tele- under the laws of the United States operat- quirements of subsections (b) and (c) are not vision program’s key visual elements into ing in accordance with the Global Maritime readily achievable, such a manufacturer or natural pauses between the program’s dia- Distress and Safety System provisions of the provider shall ensure that the equipment or logue. Safety of Life at Sea Convention shall not be service is compatible with existing periph- SEC. 309. RURAL MARKETS. required to be equipped with a radio teleg- eral devices or specialized customer premises raphy station operated by one or more radio equipment commonly used by individuals Part II of title II (47 U.S.C. 251 et seq.), as officers or operators. This section shall take with disabilities to achieve access, if readily added by this Act, is amended by inserting effect for each vessel upon a determination achievable. after section 262 the following new section: by the United States Coast Guard that such ‘‘(e) GUIDELINES.—Within 18 months after ‘‘SEC. 263. RURAL MARKETS. vessel has the equipment required to imple- the date of enactment of the Telecommuni- ment the Global Maritime Distress and Safe- cations Act of 1995, the Architectural and ‘‘(a) STATE AUTHORITY IN RURAL MAR- ty System installed and operating in good Transportation Barriers Compliance Board KETS.—Except as provided in section 251(i)(3), working condition. shall develop guidelines for accessibility of a State may not waive or modify any re- SEC. 307. TELECOMMUNICATIONS NUMBERING telecommunications equipment and cus- quirements of section 251, but may adopt ADMINISTRATION. tomer premises equipment in conjunction statutes or regulations that are no more re- Part II of title II (47 U.S.C. 251 et seq.), as with the Commission, the National Tele- strictive than— added by this Act, is amended by inserting communications and Information Adminis- ‘‘(1) to require an enforceable commitment after section 260 the following new section: tration and the National Institute of Stand- by each competing provider of telecommuni- ‘‘SEC. 261. TELECOMMUNICATIONS NUMBERING ards and Technology. The Board shall review cations service to offer universal service ADMINISTRATION. and update the guidelines periodically. comparable to that offered by the rural tele- ‘‘(a) INTERIM NUMBER PORTABILITY.—In ‘‘(f) CLOSED CAPTIONING.— phone company currently providing service connection with any interconnection agree- ‘‘(1) IN GENERAL.—The Commission shall in that service area, and to make such serv- ment reached under section 251 of this Act, a ensure that— ice available within 24 months of the ap- local exchange carrier shall make available ‘‘(A) video programming is accessible proval date to all consumers throughout interim telecommunications number port- through closed captions, if readily achiev- that service area on a common carrier basis, ability, upon request, beginning on the date able, except as provided in paragraph (2); and either using the applicant’s facilities or S 8588 CONGRESSIONAL RECORD — SENATE June 16, 1995 through its own facilities and resale of serv- pursuant to this paragraph shall be entitled SEC. 311. PROVISION OF PAYPHONE SERVICE ices using another carrier’s facilities (includ- to have an amount equal to the amount of AND TELEMESSAGING SERVICE. ing the facilities of the rural telephone com- the discount treated as a service obligation Part II of title II (47 U.S.C. 251 et seq.), as pany), and subject to the same terms, condi- as part of its obligation to participate in the added by this Act, is amended by adding tions, and rate structure requirements as mechanisms to preserve and advance univer- after section 264 the following new section: those applicable to the rural telephone com- sal service under section 253(c). ‘‘SEC. 265. PROVISION OF PAYPHONE SERVICE pany currently providing universal service; AND TELEMESSAGING SERVICE. ‘‘(b) UNIVERSAL SERVICE MECHANISMS.—The ‘‘(2) to require that the State must approve ‘‘(a) NONDISCRIMINATION SAFEGUARDS.—Any an application by a competing telecommuni- Commission shall include consideration of Bell operating company that provides cations carrier to provide services in a mar- the universal service provided to public in- payphone service or telemessaging service— ket served by a rural telephone company and stitutional telecommunications users in any ‘‘(1) shall not subsidize its payphone serv- that approval be based on sufficient written universal service mechanism it may estab- ice or telemessaging service directly or indi- public findings and conclusions to dem- lish under section 253. rectly with revenue from its telephone ex- onstrate that such approval is in the public ‘‘(c) ADVANCED SERVICES.—The Commission change service or its exchange access serv- interest and that there will not be a signifi- shall establish rules— ice; and cant adverse impact on users of tele- ‘‘(1) to enhance, to the extent technically ‘‘(2) shall not prefer or discriminate in communications services or on the provision feasible and economically reasonable, the favor of its payphone service or of universal service; availability of advanced telecommunications telemessaging service. ‘‘(3) to encourage the development and de- and information services to all public and ‘‘(b) DEFINITIONS.—As used in this section— ployment of advanced telecommunications nonprofit elementary and secondary school ‘‘(1) The term ‘payphone service’ means the and information infrastructure and services classrooms, health care providers, and librar- provision of telecommunications service in rural areas; or ies; through public or semi-public pay tele- ‘‘(4) to protect the public safety and wel- ‘‘(2) to ensure that appropriate functional phones, and includes the provision of service fare, ensure the continued quality of tele- to inmates in correctional institutions. requirements or performance standards, or communications and information services, ‘‘(2) The term ‘telemessaging service’ both, including interconnection standards, or safeguard the rights of consumers. means voice mail and voice storage and re- are established for telecommunications car- ‘‘(b) PREEMPTION.—Upon a proper showing, trieval services, any live operator services riers that connect such public institutional the Commission may preempt any State used to record, transcribe, or relay messages telecommunications users with the public statute or regulation that the Commission (other than telecommunications relay serv- switched network; finds to be inconsistent with the Commis- ices), and any ancillary services offered in ‘‘(3) to define the circumstances under sion’s regulations implementing this section, combination with these services. which a telecommunications carrier may be or an arbitrary or unreasonably discrimina- ‘‘(c) REGULATIONS.—Not later than 18 tory application of such statute or regula- required to connect its network to such pub- months after the date of enactment of the tion. The Commission shall act upon any lic institutional telecommunications users; Telecommunications Act of 1995, the Com- bona fide petition filed under this subsection and mission shall complete a rulemaking pro- within 180 days of receiving such petition. ‘‘(4) to address other matters as the Com- ceeding to prescribe regulations to carry out Pending such action, the Commission may, mission may determine. this section. In that rulemaking proceeding, in the public interest, suspend or modify ap- ‘‘(d) DEFINITIONS.— the Commission shall determine whether, in plication of any statute or regulation to ‘‘(1) ELEMENTARY AND SECONDARY order to enforce the requirements of this sec- which the petition applies.’’. SCHOOLS.—The term ‘elementary and second- tion, it is appropriate to require the Bell op- SEC. 310. TELECOMMUNICATIONS SERVICES FOR ary schools’ means elementary schools and erating companies to provide payphone serv- HEALTH CARE PROVIDERS FOR secondary schools, as defined in paragraphs ice or telemessaging service through a sepa- RURAL AREAS, EDUCATIONAL PRO- (14) and (25), respectively, of section 14101 of rate subsidiary that meets the requirements VIDERS, AND LIBRARIES. of section 252.’’. Part II of title II (47 U.S.C. 251 et seq.), as the Elementary and Secondary Education added by this Act, is amended by inserting Act of 1965 (20 U.S.C. 8801). SEC. 312. DIRECT BROADCAST SATELLITE. after section 263 the following: ‘‘(2) UNIVERSAL SERVICE.—The Commission (a) DBS SIGNAL SECURITY.—Section may in the public interest provide a separate 705(e)(4) (47 U.S.C. 605(e)(4)) is amended by in- ‘‘SEC. 264. TELECOMMUNICATIONS SERVICES FOR CERTAIN PROVIDERS. definition of universal service under section serting ‘‘satellite delivered video or audio ‘‘(a) IN GENERAL.— 253(b) for application only to public institu- programming intended for direct receipt by ‘‘(1) HEALTH CARE PROVIDERS FOR RURAL tional telecommunications users. subscribers in their residences or in their AREAS.—A telecommunications carrier shall, ‘‘(3) HEALTH CARE PROVIDER.—The term commercial or business premises,’’ after upon receiving a bona fide request, provide ‘health care provider’ means— ‘‘programming,’’. telecommunications services which are nec- ‘‘(A) Post-secondary educational institu- (b) FCC JURISDICTION OVER DIRECT-TO- essary for the provision of health care serv- tions, teaching hospitals, and medical HOME SATELLITE SERVICES.—Section 303 (47 ices, including instruction relating to such schools. U.S.C. 303) is amended by adding at the end services, at rates that are reasonably com- ‘‘(B) Community health centers or health thereof the following new subsection: parable to rates charged for similar services centers providing health care to migrants. ‘‘(v) Have exclusive jurisdiction to regulate in urban areas to any public or nonprofit ‘‘(C) Local health departments or agencies. the provision of direct-to-home satellite health care provider that serves persons who ‘‘(D) Community mental health centers. services. For purposes of this subsection, the reside in rural areas. A telecommunications ‘‘(E) Not-for-profit hospitals. term ‘direct-to-home satellite services’ carrier providing service pursuant to this ‘‘(F) Rural health clinics. means the distribution or broadcasting of paragraph shall be entitled to have an ‘‘(G) Consortia of health care providers programming or services by satellite di- amount equal to the difference, if any, be- consisting of one or more entities described rectly to the subscriber’s premises without tween the price for services provided to in subparagraphs (A) through (F). the use of ground receiving or distribution health care providers for rural areas and the ‘‘(4) PUBLIC INSTITUTIONAL TELECOMMUNI- equipment, except at the subscriber’s prem- price for similar services provided to other CATIONS USER.—The term ‘public institu- ises, or used in the initial uplink process to customers in comparable urban areas treated tional telecommunications user’ means an the direct-to-home satellite.’’. as a service obligation as a part of its obliga- elementary or secondary school, a library, or TITLE IV—OBSCENE, HARRASSING, AND tion to participate in the mechanisms to pre- a health care provider as those terms are de- WRONGFUL UTILIZATION OF TELE- serve and advance universal service under fined in this subsection. COMMUNICATIONS FACILITIES section 253(c). ‘‘(e) TERMS AND CONDITIONS.—Tele- SEC. 401. SHORT TITLE. ‘‘(2) EDUCATIONAL PROVIDERS AND LIBRAR- communications services and network capac- This title may be cited as the ‘‘Commu- IES.—All telecommunications carriers serv- ity provided under this section may not be nications Decency Act of 1995’’. ing a geographic area shall, upon a bona fide sold, resold, or otherwise transferred in con- SEC. 402. OBSCENE OR HARASSING USE OF TELE- request, provide to elementary schools, sec- sideration for money or any other thing of COMMUNICATIONS FACILITIES ondary schools, and libraries universal serv- value. UNDER THE COMMUNICATIONS ACT ices (as defined in section 253) that permit OF 1934. such schools and libraries to provide or re- ‘‘(f) ELIGIBILITY OF COMMUNITY USERS.—No (a) OFFENSES.—Section 223 (47 U.S.C. 223) is ceive telecommunications services for edu- entity listed in this section shall be entitled amended— cational purposes at rates less than the for preferential rates or treatment as re- ‘‘(1) by striking subsection (a) and insert- amounts charged for similar services to quired by this section, if such entity oper- ing in lieu thereof: other parties. The discount shall be an ates as a for-profit business, is a school as ‘‘(a) Whoever— amount that the Commission and the States defined in section 264(d)(1) with an endow- ‘‘(1) in the District of Columbia or in inter- determine is appropriate and necessary to ment of more than $50,000,000, or is a library state or foreign communications— ensure affordable access to and use of such not eligible for participation in State-based ‘‘(A) by means of telecommunications de- telecommunications by such entities. A tele- plans for Library Services and Construction vice knowingly— communications carrier providing service Act Title III funds.’’. ‘‘(i) makes, creates, or solicits, and June 16, 1995 CONGRESSIONAL RECORD — SENATE S 8589 ‘‘(ii) initiates the transmission of, agent unless the employee’s or agent’s con- SEC. 406. ADDITIONAL PROHIBITION ON BILLING any comment, request, suggestion, proposal, duct is within the scope of his employment FOR TOLL-FREE TELEPHONE CALLS. image, or other communication which is ob- or agency and the employer has knowledge Section 228(c)(7) (47 U.S.C. 228(c)(7)) is scene, lewd, lascivious, filthy, or indecent, of, authorizes, or ratifies the employee’s or amended— with intent to annoy, abuse, threaten, or agent’s conduct. (1) by striking ‘‘or’’ at the end of subpara- harass another person; ‘‘(3) It is a defense to prosecution under graph (C); ‘‘(B) makes a telephone call or utilizes a subsection (a), (d)(2), or (e) that a person has (2) by striking the period at the end of sub- telecommunications device, whether or not taken reasonable, effective and appropriate paragraph (D) and inserting a semicolon and conversation or communication ensues, actions in good faith to restrict or prevent ‘‘or’’; and without disclosing his identity and with in- the transmission of, or access to a commu- (3) by adding at the end thereof the follow- tent to annoy, abuse, threaten, or harass any nication specified in such subsections, or ing: person at the called number or who receives complied with procedures as the Commission ‘‘(E) the calling party being assessed, by the communications; may prescribe in furtherance of this section. virtue of being asked to connect or otherwise ‘‘(C) makes or causes the telephone of an- Until such regulations become effective, it is transfer to a pay-per-call service, a charge other repeatedly or continuously to ring, a defense to prosecution that the person has for the call.’’. with intent to harass any person at the complied with the procedures prescribed by SEC. 407. SCRAMBLING OF CABLE CHANNELS called number; or regulation pursuant to subsection (b)(3). FOR NONSUBSCRIBERS. ‘‘(D) makes repeated telephone calls or re- Nothing in this subsection shall be construed Part IV of title VI (47 U.S. C. 551 et seq.) is peatedly initiates communication with a to treat enhanced information services as amended by adding at the end the following: telecommunications device, during which common carriage. ‘‘SEC. 640. SCRAMBLING OF CABLE CHANNELS conversation or communication ensues, sole- ‘‘(4) No cause of action may be brought in FOR NONSUBSCRIBERS. ly to harass any person at the called number any court or administrative agency against ‘‘(a) REQUIREMENT.—In providing video pro- or who receives the communication; any person on account of any activity which gramming unsuitable for children to any ‘‘(2) knowingly permits any telecommuni- is not in violation of any law punishable by subscriber through a cable system, a cable cations facility under his control to be used criminal or civil penalty, which activity the operator shall fully scramble or otherwise for any activity prohibited by paragraph (1) person has taken in good faith to implement fully block the video and audio portion of with the intent that it be used for such ac- a defense authorized under this section or each channel carrying such programming tivity, otherwise to restrict or prevent the trans- upon subscriber request and without any shall be fined not more than $100,000 or im- mission of, or access to, a communication charge so that one not a subscriber does not prisoned not more than two years, or both.’’; specified in this section. receive it. and ‘‘(g) No State or local government may im- ‘‘(b) DEFINITION.—As used in this section, (2) by adding at the end the following new pose any liability for commercial activities the term ‘scramble’ means to rearrange the subsections: or actions by commercial entities in connec- content of the signal of the programming so ‘‘(d) Whoever— tion with an activity or action which con- that the programming cannot be received by ‘‘(1) knowingly within the United States or stitutes a violation described in subsection persons unauthorized to receive the pro- in foreign communications with the United (a)(2), (d)(2), or (e)(2) that is inconsistent gramming.’’. States by means of telecommunications de- with the treatment of those activities or ac- SEC. 408. SCRAMBLING OF SEXUALLY EXPLICIT vice makes or makes available any obscene tions under this section: Provided, however, ADULT VIDEO SERVICE PROGRAM- communication in any form including any That nothing herein shall preclude any State MING. comment, request, suggestion, proposal, or or local government from enacting and en- (a) REQUIREMENT.—Part IV of title VI (47 image regardless of whether the maker of forcing complementary oversight, liability, U.S.C. 551 et seq.), as amended by this Act, is such communication placed the call or initi- and regulatory systems, procedures, and re- further amended by adding at the end the ated the communications; or quirements, so long as such systems, proce- following: ‘‘(2) knowingly permits any telecommuni- dures, and requirements govern only intra- ‘‘SEC. 641. SCRAMBLING OF SEXUALLY EXPLICIT cations facility under such person’s control state services and do not result in the impo- ADULT VIDEO SERVICE PROGRAM- to be used for an activity prohibited by sub- sition of inconsistent rights, duties or obli- MING. section (d)(1) with the intent that it be used gations on the provision of interstate serv- ‘‘(a) REQUIREMENT.—In providing sexually for such activity; ices. Nothing in this subsection shall pre- explicit adult programming or other pro- shall be fined not more than $100,000 or im- clude any State or local government from gramming that is indecent and harmful to prisoned not more than two years, or both. governing conduct not covered by this sec- children on any channel of its service pri- ‘‘(e) Whoever— tion. marily dedicated to sexually-oriented pro- ‘‘(1) knowingly within the United States or ‘‘(h) Nothing in subsection (a), (d), (e), or gramming, a multichannel video program- in foreign communications with the United (f) or in the defenses to prosecution under ming distributor shall fully scramble or oth- States by means of telecommunications de- (a), (d), or (e) shall be construed to affect or erwise fully block the video and audio por- vice makes or makes available any indecent limit the application or enforcement of any tion of such channel so that one not a sub- communication in any form including any other Federal law. scriber to such channel or programming does comment, request, suggestion, proposal, ‘‘(i) The use of the term ‘telecommuni- not receive it. image, to any person under 18 years of age cations device’ in this section shall not im- ‘‘(b) IMPLEMENTATION.—Until a multi- regardless of whether the maker of such pose new obligations on (one-way) broadcast channel video programming distributor com- communication placed the call or initiated radio or (one-way) broadcast television oper- plies with the requirement set forth in sub- the communication; or ators licensed by the Commission or (one- section (a), the distributor shall limit the ac- ‘‘(2) knowingly permits any telecommuni- way) cable service registered with the Fed- cess of children to the programming referred cations facility under such person’s control eral Communications Commission and cov- to in that subsection by not providing such to be used for an activity prohibited by para- ered by obscenity and indecency provisions programming during the hours of the day (as graph (1) with the intent that it be used for elsewhere in this Act. determined by the Commission) when a sig- such activity, ‘‘(j) Within two years from the date of en- nificant number of children are likely to shall be fined not more than $100,000 or im- actment and every two years thereafter, the view it. prisoned not more than two years, or both. Commission shall report on the effectiveness ‘‘(c) DEFINITION.—As used in this section, ‘‘(f) Defenses to the subsections (a), (d), of this section.’’. the term ‘scramble’ means to rearrange the content of the signal of the programming so and (e), restrictions on access, judicial rem- SEC. 403. OBSCENE PROGRAMMING ON CABLE edies respecting restrictions for persons pro- TELEVISION. that audio and video portions of the programming cannot be received by persons un- viding information services and access to in- Section 639 (47 U.S.C. 559) is amended by authorized to receive the programming.’’. formation services— striking ‘‘$10,000’’ and inserting ‘‘$100,000’’. ‘‘(1) No person shall be held to have vio- (b) EFFECTIVE DATE.—The amendment lated subsections (a), (d), or (e) solely for SEC. 404. BROADCASTING OBSCENE LANGUAGE made by subsection (a) shall take effect 30 ON RADIO. providing access or connection to or from a days after the date of the enactment of this facility, system, or network over which that Section 1464 of title 18, United States Code, Act. is amended by striking out ‘‘$10,000’’ and in- person has no control, including related ca- SEC. 409. CABLE OPERATOR REFUSAL TO CARRY pabilities which are incidental to providing serting ‘‘$100,000’’. CERTAIN PROGRAMS. access or connection. This subsection shall SEC. 405. SEPARABILITY. (a) PUBLIC, EDUCATIONAL, AND GOVERN- not be applicable to a person who is owned or (a) If any provision of this title, including MENTAL CHANNELS.—Section 611(e) (47 U.S.C. controlled by, or a conspirator with, an en- amendments to this title or the application 531(e)) is amended by inserting before the pe- tity actively involved in the creation, edit- thereof to any person or circumstance is held riod the following: ‘‘, except a cable operator ing or knowing distribution of communica- invalid, the remainder of this title and the may refuse to transmit any public access tions which violate this section. application of such provision to other per- program or portion of a public access pro- ‘‘(2) No employer shall be held liable under sons or circumstances shall not be affected gram which contains obscenity, indecency, this section for the actions of an employee or thereby. or nudity’’. S 8590 CONGRESSIONAL RECORD — SENATE June 16, 1995

(b) CABLE CHANNELS FOR COMMERCIAL tion has alerted the medical community to (D) TERMS.—Each member of the Tele- USE.—Section 612(c)(2) (47 U.S.C. 532(c)(2)) is the adverse effects of televised violence on vision Commission shall serve until the ter- amended by striking ‘‘an operator’’ and in- child development, including an increase in mination of the commission. serting ‘‘a cable operator may refuse to the level of aggressive behavior and violent (E) VACANCIES.—A vacancy on the Tele- transmit any leased access program or por- behavior among children who view it. vision Commission shall be filled in the same tion of a leased access program which con- (5) The National Commission on Children manner as the original appointment. tains obscenity, indecency, or nudity’’. recommended in 1991 that producers of tele- (2) DUTIES OF TELEVISION COMMISSION.—The SEC. 410. RESTRICTIONS ON ACCESS BY CHIL- vision programs exercise greater restraint in Television Commission shall establish rules DREN TO OBSCENE AND INDECENT the content of programming for children. for rating the level of violence or other ob- MATERIAL ON ELECTRONIC INFOR- (6) A report of the Harry Frank jectionable content in television program- MATION NETWORKS OPEN TO THE Guggenheim Foundation, dated May 1993, in- ming, including rules for the transmission by PUBLIC. dicates that there is an irrefutable connec- television broadcast stations and cable sys- (a) AVAILABILITY OF TAG INFORMATION.—In tion between the amount of violence de- tems of— order— picted in the television programs watched by (A) signals containing ratings of the level (1) to encourage the voluntary use of tags children and increased aggressive behavior of violence or objectionable content in such in the names, addresses, or text of electronic among children. programming; and files containing obscene, indecent, or mature (7) It is a compelling National interest that (B) signals containing specifications for text or graphics that are made available to parents be empowered with the technology blocking such programming. the public through public information net- to block the viewing by their children of tel- (3) COMPENSATION OF MEMBERS.— works in order to ensure the ready identi- evision programs whose content is overly (A) CHAIRMAN.—The Chairman of the Tele- fication of files containing such text or violent or objectionable for other reasons. vision Commission shall be paid at a rate graphics; (8) Technology currently exists to permit equal to the daily equivalent of the mini- (2) to encourage developers of computer the manufacture of television receivers that mum annual rate of basic pay payable for software that provides access to or interface are capable of permitting parents to block level IV of the Executive Schedule under sec- with a public information network to de- television programs having violent or other- tion 5314 of title 5, United States Code, for velop software that permits users of such wise objectionable content. each day (including traveltime) during which software to block access to or interface with the Chairman is engaged in the performance text or graphics identified by such tags; and SEC. 503. RATING CODE FOR VIOLENCE AND OTHER OBJECTIONABLE CONTENT of duties vested in the commission. (3) to encourage the telecommunications ON TELEVISION. (B) OTHER MEMBERS.—Except for the Chair- industry and the providers and users of pub- (a) SENSE OF CONGRESS ON VOLUNTARY ES- man who shall be paid as provided under sub- lic information networks to take practical TABLISHMENT OF RATING CODE.—It is the paragraph (A), each member of the Tele- actions (including the establishment of a sense of Congress— vision Commission shall be paid at a rate board consisting of appropriate members of (1) to encourage appropriate representa- equal to the daily equivalent of the mini- such industry, providers, and users) to de- tives of the broadcast television industry mum annual rate of basic pay payable for velop a highly effective means of preventing and the cable television industry to establish level V of the Executive Schedule under sec- the access of children through public infor- in a voluntary manner rules for rating the tion 5315 of title 5, United States Code, for mation networks to electronic files that con- level of violence or other objectionable con- each day (including traveltime) during which tain such text or graphics, tent in television programming, including the member is engaged in the performance of the Secretary of Commerce shall take appro- rules for the transmission by television duties vested in the commission. priate steps to make information on the tags broadcast stations and cable systems of— (4) STAFF.— established and utilized in voluntary compli- (A) signals containing ratings of the level (A) IN GENERAL.—The Chairman of the Tel- ance with this subsection available to the of violence or objectionable content in such evision Commission may, without regard to public through public information networks. programming; and the civil service laws and regulations, ap- (b) REPORT.—Not later than 1 year after (B) signals containing specifications for point and terminate an executive director the date of the enactment of this Act, the blocking such programming; and such other additional personnel as may Comptroller General shall submit to Con- (2) to encourage such representatives to es- be necessary to enable the commission to gress a report on the tags established and tablish such rules in consultation with ap- perform its duties. The employment of an ex- utilized in voluntary compliance with this propriate public interest groups and inter- ecutive director shall be subject to confirma- section. The report shall— ested individuals from the private sector; tion by the commission. (1) describe the tags so established and uti- and (B) COMPENSATION.—The Chairman of the lized; (3) to encourage television broadcasters Television Commission may fix the com- (2) assess the effectiveness of such tags in and cable operators to comply voluntarily pensation of the executive director and other preventing the access of children to elec- with such rules upon the establishment of personnel without regard to the provisions of tronic files that contain obscene, indecent, such rules. chapter 51 and subchapter III of chapter 53 of or mature text or graphics through public in- (b) REQUIREMENT FOR ESTABLISHMENT OF title 5, United States Code, relating to clas- formation networks; and RATING CODE.— sification of positions and General Schedule (3) provide recommendations for additional (1) IN GENERAL.—If the representatives of pay rates, except that the rate of pay for the means of preventing such access. the broadcast television industry and the executive director and other personnel may (c) DEFINITIONS.—In this section: not exceed the rate payable for level V of the (1) The term ‘‘public information network’’ cable television industry do not establish the rules referred to in subsection (a)(1) by the Executive Schedule under section 5316 of means the Internet, electronic bulletin such title. boards, and other electronic information net- end of the 1-year period beginning on the date of the enactment of this Act, there shall (5) CONSULTANTS.—The Television Commis- works that are open to the public. sion may procure by contract, to the extent (2) The term ‘‘tag’’ means a part or seg- be established on the day following the end of that period a commission to be known as funds are available, the temporary or inter- ment of the name, address, or text of an elec- mittent services of experts or consultants tronic file. the Television Rating Commission (hereafter in this section referred to as the ‘‘Television under section 3109 of title 5, United States TITLE V—PARENTAL CHOICE IN Commission’’). The Television Commission Code. The commission shall give public no- TELEVISION shall be an independent establishment in the tice of any such contract before entering SEC. 501. SHORT TITLE. executive branch as defined under section 104 into such contract. This title may be cited as the ‘‘Parental of title 5, United States Code. (6) FUNDING.—There is authorized to be ap- Choice in Television Act of 1995’’. (2) MEMBERS.— propriated to the Commission such sums as SEC. 502. FINDINGS. (A) IN GENERAL.—The Television Commis- are necessary to enable the Commission to Congress makes the following findings: sion shall be composed of 5 members ap- carry out its duties under this Act. (1) On average, a child in the United States pointed by the President, by and with the ad- SEC. 504. REQUIREMENT FOR MANUFACTURE OF is exposed to 27 hours of television each week vice and consent of the Senate, of whom— TELEVISIONS THAT BLOCK PRO- and some children are exposed to as much as (i) three shall be individuals who are mem- GRAMS. 11 hours of television each day. bers of appropriate public interest groups or (2) The average American child watches are interested individuals from the private (a) REQUIREMENT.—Section 303 (47 U.S.C. 8,000 murders and 100,000 acts of other vio- sector; and 303), as amended by this Act, is further lence on television by the time the child (ii) two shall be representatives of the amended by adding at the end the following: completes elementary school. broadcast television industry and the cable ‘‘(w) Require, in the case of apparatus de- (3) By the age of 18 years, the average television industry. signed to receive television signals that are American teenager has watched 200,000 acts (B) NOMINATION.—Individuals shall be nom- manufactured in the United States or im- of violence on television, including 40,000 inated for appointment under subparagraph ported for use in the United States and that murders. (A) not later than 60 days after the date of have a picture screen 13 inches or greater in (4) On several occasions since 1975, The the establishment of the Television Commis- size (measured diagonally), that such appara- Journal of the American Medical Associa- sion. tus— June 16, 1995 CONGRESSIONAL RECORD — SENATE S 8591 ‘‘(1) be equipped with circuitry designed to (B) to designate State education tech- poration, or any other individual, except as enable viewers to block the display of chan- nology agencies to receive loans, grants or salary or reasonable compensation for serv- nels during particular time slots; and other forms of assistance from the Corpora- ices; ‘‘(2) enable viewers to block display of all tion; (4) that the Board of Directors of the Cor- programs with a common rating.’’. (C) to establish criteria for encouraging poration will adopt policies and procedures (b) IMPLEMENTATION.—In adopting the re- States to— to prevent conflicts of interest; quirement set forth in section 303(w) of the (i) create, maintain, utilize and upgrade (5) to maintain a Board of Directors of the Communications Act of 1934, as added by interactive high capacity networks capable Corporation consistent with section 602(a)(2); subsection (a), the Federal Communications of providing audio, visual and data commu- (6) that the Corporation, and any entity re- Commission, in consultation with the tele- nications for elementary schools, secondary ceiving the assistance from the Corporation, vision receiver manufacturing industry, schools and public libraries; are subject to the appropriate oversight pro- shall determine a date for the applicability (ii) distribute resources to assure equitable cedures of the Congress; and of the requirement to the apparatus covered aid to all elementary schools and secondary (7) to comply with— by that section. schools in the State and achieve universal (A) the audit requirements described in SEC. 505. SHIPPING OR IMPORTING OF TELE- access to network technology; and section 605; and VISIONS THAT BLOCK PROGRAMS. (iii) upgrade the delivery and development (B) the reporting and testimony require- (a) REGULATIONS.—Section 330 (47 U.S.C. of learning through innovative technology- ments described in section 606. 330) is amended— based instructional tools and applications; (c) CONSTRUCTION.—Nothing in this title (1) by redesignating subsection (c) as sub- (D) to provide loans, grants and other shall be construed to establish the Corpora- section (d); and forms of assistance to State education tech- tion as an agency or independent establish- (2) by adding after subsection (b) the fol- nology agencies, with due regard for provid- ment of the Federal Government, or to es- lowing new subsection (c): ing a fair balance among types of school dis- tablish the members of the Board of Direc- ‘‘(c)(1) Except as provided in paragraph (2), tricts and public libraries assisted and the tors of the Corporation, or the officers and no person shall ship in interstate commerce, disparate needs of such districts and librar- employees of the Corporation, as officers or manufacture, assemble, or import from any ies; employees of the Federal Government. foreign country into the United States any (E) to leverage resources to provide maxi- SEC. 605. AUDITS apparatus described in section 303(w) of this mum aid to elementary schools, secondary (a) AUDITS BY INDEPENDENT CERTIFIED PUB- Act except in accordance with rules pre- schools and public libraries; and LIC ACCOUNTANTS.— scribed by the Commission pursuant to the (F) to encourage the development of edu- (1) IN GENERAL.—The Corporation’s finan- authority granted by that section. cation telecommunications and information cial statements shall be audited annually in ‘‘(2) This subsection shall not apply to car- technologies through public-private ven- accordance with generally accepted auditing riers transporting apparatus referred to in tures, by serving as a clearinghouse for in- standards by independent certified public ac- paragraph (1) without trading it. formation on new education technologies, countants who are members of a nationally ‘‘(3) The rules prescribed by the Commis- and by providing technical assistance, in- recognized accounting firm and who are cer- sion under this subsection shall provide per- cluding assistance to States, if needed, to es- tified by a regulatory authority of a State or formance standards for blocking technology. tablish State education technology agencies. other political subdivision of the United Such rules shall require that all such appara- (b) PURPOSE.—The purpose of this title is States. The audits shall be conducted at the tus be able to receive transmitted rating sig- to recognize the Corporation as a nonprofit place or places where the accounts of the nals which conform to the signal and block- corporation operating under the laws of the Corporation are normally kept. All books, ing specifications established by the Com- District of Columbia, and to provide author- accounts, financial records, reports, files, mission. ity for Federal departments and agencies to and all other papers, things, or property be- ‘‘(4) As new video technology is developed, provide assistance to the Corporation. longing to or in use by the Corporation and the Commission shall take such action as SEC. 603. DEFINITIONS. necessary to facilitate the audit shall be the Commission determines appropriate to For the purpose of this title— made available to the person or persons con- ensure that blocking service continues to be (1) the term ‘‘Corporation’’ means the Na- ducting the audits, and full facilities for available to consumers.’’. tional Education Technology Funding Cor- verifying transactions with the balances or (b) CONFORMING AMENDMENT.—Section poration described in section 602(a)(1); securities held by depositories, fiscal agents, 330(d), as redesignated by subsection (a)(1), is (2) the terms ‘‘elementary school’’ and and custodians shall be afforded to such per- amended by striking ‘‘section 303(s), and sec- ‘‘secondary school’’ have the same meanings son or persons. tion 303(u)’’ and inserting in lieu thereof given such terms in section 14101 of the Ele- (2) REPORTING REQUIREMENTS.—The report ‘‘and sections 303(s), 303(u), and 303(w)’’. mentary and Secondary Education Act of of each annual audit described in paragraph TITLE VI—NATIONAL EDUCATION 1965; and (1) shall be included in the annual report re- TECHNOLOGY FUNDING CORPORATION (3) the term ‘‘public library’’ has the same quired by section 606(a). SEC. 601. SHORT TITLE. meaning given such term in section 3 of the (b) RECORDKEEPING REQUIREMENTS; AUDIT This title may be cited as the ‘‘National Library Services and Construction Act. AND EXAMINATION OF BOOKS.— Education Technology Funding Corporation SEC. 604. ASSISTANCE FOR EDUCATION TECH- (1) RECORDKEEPING REQUIREMENTS.—The Act of 1995’’. NOLOGY PURPOSES. Corporation shall ensure that each recipient SEC. 602. FINDINGS; PURPOSE. (a) RECEIPT BY CORPORATION.—Notwith- of assistance from the Corporation keeps— (a) FINDINGS.—The Congress finds as fol- standing any other provision of law, in order (A) separate accounts with respect to such lows: to carry out the corporate purposes de- assistance; (1) CORPORATION.—There has been estab- scribed in section 602(a)(3), the Corporation (B) such records as may be reasonably nec- lished in the District of Columbia a private, shall be eligible to receive discretionary essary to fully disclose— nonprofit corporation known as the National grants, contracts, gifts, contributions, or (i) the amount and the disposition by such Education Technology Funding Corporation technical assistance from any Federal de- recipient of the proceeds of such assistance; which is not an agency or independent estab- partment or agency, to the extent otherwise (ii) the total cost of the project or under- lishment of the Federal Government. permitted by law. taking in connection with which such assist- (2) BOARD OF DIRECTORS.—The Corporation (b) AGREEMENT.—In order to receive any ance is given or used; and is governed by a Board of Directors, as pre- assistance described in subsection (a) the (iii) the amount and nature of that portion scribed in the Corporation’s articles of incor- Corporation shall enter into an agreement of the cost of the project or undertaking sup- poration, consisting of 15 members, of with the Federal department or agency pro- plied by other sources; and which— viding such assistance, under which the Cor- (C) such other records as will facilitate an (A) five members are representative of pub- poration agrees— effective audit. lic agencies representative of schools and (1) to use such assistance to provide fund- (2) AUDIT AND EXAMINATION OF BOOKS.—The public libraries; ing and technical assistance only for activi- Corporation shall ensure that the Corpora- (B) five members are representative of ties which the Board of Directors of the Cor- tion, or any of the Corporation’s duly au- State government, including persons knowl- poration determines are consistent with the thorized representatives, shall have access edgeable about State finance, technology corporate purposes described in section for the purpose of audit and examination to and education; and 602(a)(3); any books, documents, papers, and records of (C) five members are representative of the (2) to review the activities of State edu- any recipient of assistance from the Corpora- private sector, with expertise in network cation technology agencies and other enti- tion that are pertinent to such assistance. technology, finance and management. ties receiving assistance from the Corpora- Representatives of the Comptroller General (3) CORPORATE PURPOSES.—The purposes of tion to assure that the corporate purposes shall also have such access for such purpose. the Corporation, as set forth in its articles of described in section 602(a)(3) are carried out; SEC. 606. ANNUAL REPORT; TESTIMONY TO THE incorporation, are— (3) that no part of the assets of the Cor- CONGRESS. (A) to leverage resources and stimulate poration shall accrue to the benefit of any (a) ANNUAL REPORT.—Not later than April private investment in education technology member of the Board of Directors of the Cor- 30 of each year, the Corporation shall publish infrastructure; poration, any officer or employee of the Cor- an annual report for the preceding fiscal S 8592 CONGRESSIONAL RECORD — SENATE June 16, 1995 year and submit that report to the President (8) a significant portion of the reallocated ‘‘(B) the person seeking relocation com- and the Congress. The report shall include a spectrum will not yet be assigned to non- pletes all activities necessary for implement- comprehensive and detailed evaluation of governmental users before that authority ex- ing the relocation, including construction of the Corporation’s operations, activities, fi- pires; replacement facilities (if necessary and ap- nancial condition, and accomplishments (9) the transfer of Federal governmental propriate) and identifying and obtaining on under this title and may include such rec- users from certain valuable radio frequencies the Federal entity’s behalf new frequencies ommendations as the Corporation deems ap- to other reserved frequencies could be expe- for use by the relocated Federal Government propriate. dited if Federal governmental users are per- station (where such station is not relocating (b) TESTIMONY BEFORE CONGRESS.—The mitted to accept reimbursement for reloca- to spectrum reserved exclusively for Federal members of the Board of Directors, and offi- tion costs from non-governmental users; and use); and cers, of the Corporation shall be available to (10) non-governmental reimbursement of ‘‘(C) any necessary replacement facilities, testify before appropriate committees of the Federal governmental users relocation costs equipment modifications, or other changes Congress with respect to the report described would allow the market to determine the have been implemented and tested to ensure in subsection (a), the report of any audit most efficient use of the available spectrum. that the Federal Government station is able made by the Comptroller General pursuant (b) EXTENSION AND EXPANSION OF AUCTION to successfully accomplish its purposes. to this title, or any other matter which any AUTHORITY.—Section 309(j) (47 U.S.C. 309(j)) ‘‘(3) RIGHT TO RECLAIM.—If within one year such committee may determine appropriate. is amended— after the relocation the Federal Government TITLE VII—MISCELLANEOUS (1) by striking paragraph (1) and inserting station demonstrates to the Commission PROVISIONS in lieu thereof the following: that the new facilities or spectrum are not ‘‘(1) GENERAL AUTHORITY.—If mutually ex- comparable to the facilities or spectrum SEC. 701. SPECTRUM AUCTIONS. clusive applications or requests are accepted from which the Federal Government station (a) FINDINGS.—The Congress finds that— for any initial license or construction permit was relocated, the person seeking such relo- (1) the National Telecommunications and which will involve a use of the electro- cation must take reasonable steps to remedy Information Administration of the Depart- magnetic spectrum, then the Commission any defects or reimburse the Federal entity ment of Commerce recently submitted to the shall grant such license or permit to a quali- for the costs of returning the Federal Gov- Congress a report entitled ‘‘U.S. National fied applicant through a system of competi- ernment station to the spectrum from which Spectrum Requirements’’ as required by sec- tive bidding that meets the requirements of such station was relocated. tion 113 of the National Telecommunications this subsection. The competitive bidding au- ‘‘(g) FEDERAL ACTION TO EXPEDITE SPEC- and Information Administration Organiza- thority granted by this subsection shall not TRUM TRANSFER.—Any Federal Government tion Act (47 U.S.C. 923); apply to licenses or construction permits is- station which operates on electromagnetic (2) based on the best available information sued by the Commission for public safety spectrum that has been identified for the report concludes that an additional 179 radio services or for licenses or construction reallocation for mixed Federal and non-Fed- megahertz of spectrum will be needed within permits for new terrestrial digital television eral use in the Spectrum Reallocation Final the next ten years to meet the expected de- services assigned by the Commission to ex- Report shall, to the maximum extent prac- mand for land mobile and mobile satellite isting terrestrial broadcast licensees to re- ticable through the use of the authority radio services such as cellular telephone place their current television licenses.’’; granted under subsection (f) and any other service, paging services, personal commu- (2) by striking paragraph (2) and renumber- applicable provision of law, take action to nication services, and low earth orbiting sat- ing paragraphs (3) through (13) as (2) through relocate its spectrum use to other fre- ellite communications systems; (12), respectively; and quencies that are reserved for Federal use or (3) a further 85 megahertz of additional (3) by striking ‘‘1998’’ in paragraph (10), as to consolidate its spectrum use with other spectrum, for a total of 264 megahertz, is renumbered, and inserting in lieu thereof Federal Government stations in a manner needed if the United States is to fully imple- ‘‘2000’’. that maximizes the spectrum available for ment the Intelligent Transportation System (c) REIMBURSEMENT OF FEDERAL RELOCA- non-Federal use. Notwithstanding the time- currently under development by the Depart- TION COSTS.—Section 113 of the National table contained in the Spectrum Real- ment of Transportation; Telecommunications and Information Ad- location Final Report, the President shall (4) as required by part B of the National ministration Act (47 U.S.C. 923) is amended seek to implement the reallocation of the Telecommunications and Information Ad- by adding at the end the following new sub- 1710 to 1755 megahertz frequency band by ministration Organization Act (47 U.S.C. 921 sections: January 1, 2000. Subsection (c)(4) of this sec- et seq.) the Federal Government will transfer ‘‘(f) RELOCATION OF FEDERAL GOVERNMENT tion shall not apply to the extent that a non- 235 megahertz of spectrum from exclusive STATIONS.— Federal user seeks to relocate or relocates a government use to non-governmental or ‘‘(1) IN GENERAL.—In order to expedite the Federal power agency under subsection (f). mixed governmental and non-governmental efficient use of the electromagnetic spec- ‘‘(h) DEFINITIONS.—For purposes of this sec- use between 1994 and 2004; trum and notwithstanding section 3302(b) of tion— (5) the Spectrum Reallocation Final Re- title 31, United States Code, any Federal en- ‘‘(1) FEDERAL ENTITY.—The term ‘Federal port submitted to Congress under section 113 tity which operates a Federal Government entity’ means any Department, agency, or of the National Telecommunications and In- station may accept reimbursement from any other element of the Federal Government formation Administration Organization Act person for the costs incurred by such Federal that utilizes radio frequency spectrum in the by the National Telecommunications and In- entity for any modification, replacement, or conduct of its authorized activities, includ- formation Administration states that, of the reissuance of equipment, facilities, operating ing a Federal power agency. 235 megahertz of spectrum identified for manuals, regulations, or other expenses in- ‘‘(2) SPECTRUM REALLOCATION FINAL RE- reallocation from governmental to non-gov- curred by that entity in relocating the oper- PORT.—The term ‘Spectrum Reallocation ernmental or mixed use— ations of its Federal Government station or Final Report’ means the report submitted by (A) 50 megahertz has already been reallo- stations from one or more radio spectrum the Secretary to the President and Congress cated for exclusive non-governmental use, frequencies to any other frequency or fre- in compliance with the requirements of sub- (B) 45 megahertz will be reallocated in 1995 quencies. Any such reimbursement shall be section (a).’’. for both exclusive non-governmental and deposited in the account of such Federal en- (d) REALLOCATION OF ADDITIONAL SPEC- mixed governmental and non-governmental tity in the Treasury of the United States. TRUM.—The Secretary of Commerce shall, use, Funds deposited according to this section within 9 months after the date of enactment (C) 25 megahertz will be reallocated in 1997 shall be available, without appropriation or of this Act, prepare and submit to the Presi- for exclusive non-governmental use, fiscal year limitation, only for the oper- dent and the Congress a report and timetable (D) 70 megahertz will be reallocated in 1999 ations of the Federal entity for which such recommending the reallocation of the two for both exclusive non-governmental and funds were deposited under this section. frequency bands (3625–3650 megahertz and mixed governmental and non-governmental ‘‘(2) PROCESS FOR RELOCATION.—Any person 5850–5925 megahertz) that were discussed but use, and seeking to relocate a Federal Government not recommended for reallocation in the (E) the final 45 megahertz will be reallo- station that has been assigned a frequency Spectrum Reallocation Final Report under cated for mixed governmental and non-gov- within a band allocated for mixed Federal section 113(a) of the National Telecommuni- ernmental use by 2004; and non-Federal use may submit a petition cations and Information Administration Or- (6) the 165 megahertz of spectrum that are for such relocation to NTIA. The NTIA shall ganization Act. The Secretary shall consult not yet reallocated, combined with 80 mega- limit the Federal Government station’s oper- with the Federal Communications Commis- hertz that the Federal Communications ating license to secondary status when the sion and other Federal agencies in the prepa- Commission is currently holding in reserve following requirements are met— ration of the report, and shall provide notice for emerging technologies, are less than the ‘‘(A) the person seeking relocation of the and an opportunity for public comment be- best estimates of projected spectrum needs Federal Government station has guaranteed fore submitting the report and timetable rein the United States; reimbursement through money or in-kind quired by this section. (7) the authority of the Federal Commu- payment of all relocation costs incurred by (e) BROADCAST AUXILIARY SPECTRUM RELO- nications Commission to assign radio spec- the Federal entity, including all engineering, CATION.— trum frequencies using an auction process equipment, site acquisition and construc- (1) ALLOCATION OF SPECTRUM FOR BROAD- expires on September 30, 1998; tion, and regulatory fee costs; CAST AUXILIARY USES.—Within one year after June 16, 1995 CONGRESSIONAL RECORD — SENATE S 8593 the date of enactment of this Act, the Com- SEC. 703. PREVENTION OF UNFAIR BILLING failure to pay disputed charges for informa- mission shall allocate the 4635–4685 mega- PRACTICES FOR INFORMATION OR tion services.’; and hertz band transferred to the Commission SERVICES PROVIDED OVER TOLL- ‘‘(iii) the phone bill shall clearly list the FREE TELEPHONE CALLS. under section 113(b) of the National Tele- 800 number dialed. communications and Information Adminis- (a) FINDINGS.—Congress makes the follow- ‘‘(C) USE OF PINS TO PREVENT UNAUTHORIZED tration Organization Act (47 U.S.C. 923(b)) ing findings: USE.—A written agreement does not meet the for broadcast auxiliary uses. (1) Reforms required by the Telephone Dis- requirements of this paragraph unless it re- (2) MANDATORY RELOCATION OF BROADCAST closure and Dispute Resolution Act of 1992 quires the subscriber to use a personal identification number to obtain access to the in- AUXILIARY USES.—Within 7 years after the have improved the reputation of the pay-per- formation provided, and includes instruc- date of enactment of this Act, all licensees of call industry and resulted in regulations tions on its use. broadcast auxiliary spectrum in the 2025–2075 that have reduced the incidence of misleading practices that are harmful to the public ‘‘(D) EXCEPTIONS.—Notwithstanding para- megahertz band shall relocate into spectrum interest. graph (7)(C), a written agreement that meets allocated by the Commission under para- (2) Among the successful reforms is a re- the requirements of this paragraph is not re- graph (1). The Commission shall assign and striction on charges being assessed for calls quired— grant licenses for use of the spectrum allo- to 800 telephone numbers or other telephone ‘‘(i) for calls utilizing telecommunications cated under paragraph (1)— numbers advertised or widely understood to devices for the deaf; (A) in a manner sufficient to permit timely be toll free. ‘‘(ii) for services provided pursuant to a completion of relocation; and (3) Nevertheless, certain interstate pay- tariff that has been approved or permitted to (B) without using a competitive bidding per-call businesses are taking advantage of take effect by the Commission or a State process. an exception in the restriction on charging commission; or (3) ASSIGNING RECOVERED SPECTRUM.—With- for information conveyed during a call to a ‘‘(iii) for any purchase of goods or of serv- in 5 years after the date of enactment of this ‘‘toll-free’’ number to continue to engage in ices that are not information services. Act, the Commission shall allocate the spec- misleading practices. These practices are not ‘‘(E) TERMINATION OF SERVICE.—On receipt trum recovered in the 2025–2075 megahertz in compliance with the intent of Congress in by a common carrier of a complaint by any band under paragraph (2) for use by new li- passing the Telephone Disclosure and Dis- person that an information provider is in censees for commercial mobile services or pute Resolution Act. violation of the provisions of this section, a other similar services after the relocation of (4) It is necessary for Congress to clarify carrier shall— broadcast auxiliary licensees, and shall as- that its intent is that charges for informa- ‘‘(i) promptly investigate the complaint; sign such licenses by competitive bidding. tion provided during a call to an 800 number and or other number widely advertised and un- ‘‘(ii) if the carrier reasonably determines SEC. 702. RENEWED EFFORTS TO REGULATE VIO- derstood to be toll free shall not be assessed that the complaint is valid, it may termi- LENT PROGRAMMING. to the calling party unless the calling party nate the provision of service to an information provider unless the provider supplies (a) FINDINGS.—The Senate finds that: agrees to be billed according to the terms of evidence of a written agreement that meets (1) Violence is a pervasive and persistent a written subscription agreement or by other the requirements of this section. feature of the entertainment industry. Ac- appropriate means. ‘‘(F) TREATMENT OF REMEDIES.—The rem- cording to the Carnegie Council on Adoles- (b) PREVENTION OF UNFAIR BILLING PRAC- edies provided in this paragraph are in addi- cent Development, by the age of 18, children TICES.— tion to any other remedies that are available will have been exposed to nearly 18,000 tele- (1) IN GENERAL.—Section 228(c) (47 U.S.C. under title V of this Act. vised murders and 800 suicides. 228(c)) is amended— ‘‘(9) CHARGES IN ABSENCE OF AGREEMENT.—A (2) Violence on television is likely to have (A) by striking out subparagraph (C) of calling party is charged for a call in accord- a serious and harmful effect on the emo- paragraph (7) and inserting in lieu thereof ance with this paragraph if the provider of tional development of young children. The the following: the information conveyed during the call— American Psychological Association has re- ‘‘(C) the calling party being charged for in- ‘‘(A) clearly states to the calling party the ported that children who watch ‘‘a large formation conveyed during the call unless— total cost per minute of the information pro- number of aggressive programs tend to hold ‘‘(i) the calling party has a written agree- vided during the call and for any other infor- attitudes and values that favor the use of ag- ment (including an agreement transmitted mation or service provided by the provider to gression to solve conflicts’’. The National In- through electronic medium) that meets the which the calling party requests connection stitute of Mental Health has stated similarly requirements of paragraph (8); or during the call; and that ‘‘violence on television does lead to ag- ‘‘(ii) the calling party is charged for the in- ‘‘(B) receives from the calling party— gressive behavior by children and teen- formation in accordance with paragraph (9); ‘‘(i) an agreement to accept the charges for agers’’. or’’; and any information or services provided by the (B) by adding at the end the following new (3) The Senate recognizes that television provider during the call; and paragraphs: violence is not the sole cause of violence in ‘‘(ii) a credit, calling, or charge card num- ‘‘(8) SUBSCRIPTION AGREEMENTS FOR BILLING ber or verification of a prepaid account to society. FOR INFORMATION PROVIDED VIA TOLL-FREE which such charges are to be billed. (4) There is a broad recognition in the CALLS.— ‘‘(10) DEFINITION.—As used in paragraphs United States Congress that the television ‘‘(A) IN GENERAL.—For purposes of para- (8) and (9), the term ‘calling card’ means an industry has an obligation to police the con- graph (7)(C), a written subscription does not identifying number or code unique to the intent of its own broadcasts to children. That meet the requirements of this paragraph un- dividual, that is issued to the individual by understanding was reflected in the Tele- less the agreement specifies the material a common carrier and enables the individual vision Violence Act of 1990, which was spe- terms and conditions under which the infor- to be charged by means of a phone bill for cifically designed to permit industry partici- mation is offered and includes— charges incurred independent of where the pants to work together to create a self-mon- ‘‘(i) the rate at which charges are assessed call originates.’’ itoring system. for the information; (2) REGULATIONS.—The Federal Commu- (5) After years of denying that television ‘‘(ii) the information provider’s name; nications Commission shall revise its regula- violence has any detrimental effect, the en- ‘‘(iii) the information provider’s business tions to comply with the amendment made tertainment industry has begun to address address; by paragraph (1) not later than 180 days after the problem of television violence. In the ‘‘(iv) the information provider’s regular the date of the enactment of this Act. spring of 1994, for example, the network and business telephone number; (3) EFFECTIVE DATE.—The amendments cable industries announced the appointment ‘‘(v) the information provider’s agreement made by paragraph (1) shall take effect on of an independent monitoring group to assess to notify the subscriber of all future changes the date of the enactment of this Act. the amount of violence on television. These in the rates charged for the information; and (c) CLARIFICATION OF ‘‘PAY-PER-CALL SERV- reports are due out in the fall of 1995 and ‘‘(vi) the subscriber’s choice of payment ICES’’ UNDER TELEPHONE DISCLOSURE AND winter of 1996, respectively. method, which may be by direct remit, debit, DISPUTE RESOLUTION ACT.—Section 204(1) of (6) The Senate recognizes that self-regula- prepaid account, phone bill or credit or call- the Telephone Disclosure and Dispute Reso- tion by the private sector is generally pref- ing card. lution Act (15 U.S.C. 5714(1)) is amended to erable to direct regulation by the Federal ‘‘(B) BILLING ARRANGEMENTS.—If a sub- read as follows: Government. scriber elects, pursuant to subparagraph ‘‘(1) The term ‘pay-per-call services’ has (A)(vi), to pay by means of a phone bill— the meaning provided in section 228(j)(1) of (b) SENSE OF THE SENATE.—It is the sense ‘‘(i) the agreement shall clearly explain the Communications Act of 1934, except that of the Senate that the entertainment indus- that charges for the service will appear on the Commission by rule may, notwithstand- try should do everything possible to limit the subscriber’s phone bill; ing subparagraphs (B) and (C) of such sec- the amount of violent and aggressive enter- ‘‘(ii) the phone bill shall include, in promi- tion, extend such definition to other similar tainment programming, particularly during nent type, the following disclaimer: services providing audio information or the hours when children are most likely to ‘Common carriers may not disconnect audio entertainment if the Commission de- be watching. local or long distance telephone service for termines that such services are susceptible S 8594 CONGRESSIONAL RECORD — SENATE June 16, 1995

to the unfair and deceptive practices that (b) COVERED CABLE SYSTEMS.—Subsection or under any Federal statute or regulation, or are prohibited by the rules prescribed pursu- (a) applies to any cable system serving no by or under any court order implementing any ant to section 201(a).’’. more than 20,000 cable subscribers of which Federal statute or regulation. SEC. 704. DISCLOSURE OF CERTAIN RECORDS no more than 12,000 of those subscribers live (c) IDENTIFICATION OF POSTPONED DEAD- FOR INVESTIGATIONS OF TELE- within an urbanized area, as defined by the LINES.—Not later than 30 days after the date of MARKETING FRAUD. Bureau of the Census. the enactment of this Act, the President shall Section 2703(c)(1)(B) of title 18, United (c) DEFINITION.—For purposes of this sec- identify and publish in the Federal Register a States Code, is amended— tion, the term ‘‘local exchange carrier’’ has list of deadlines covered by subsection (a). (1) by striking out ‘‘or’’ at the end of the meaning given such term in section 3 SEC. 5. EMERGENCY EXCEPTIONS; EXCLUSIONS. clause (ii); (kk) of the Communications Act of 1934, as (a) EMERGENCY EXCEPTION.—Section 3(a) or (2) by striking out the period at the end of added by section 8(b) of this Act. 4(a), or both, shall not apply to a regulatory clause (iii) and inserting in lieu thereof ‘‘; f rulemaking action if— or’’; and (1) the head of a Federal agency otherwise (3) by adding at the end the following: REGULATORY TRANSITION ACT OF authorized to take the action submits a written ‘‘(iv) submits a formal written request for 1995—MESSAGE FROM THE HOUSE request to the Administrator of the Office of In- information relevant to a legitimate law en- formation and Regulatory Affairs within the Of- forcement investigation of the governmental Mr. WARNER. Mr. President, I ask fice of Management and Budget and submits a entity for the name, address, and place of that the Chair lay before the Senate a copy thereof to the appropriate committees of business of a subscriber or customer of such message from the House of Representa- each House of the Congress; provider, which subscriber or customer is en- tives on a bill (S. 219) to ensure econ- (2) the Administrator of the Office of Informa- gaged in telemarketing (as such term is in omy and efficiency of Federal Govern- tion and Regulatory Affairs within the Office of section 2325 of this title).’’. Management and Budget finds in writing that a ment operations by establishing a mor- waiver for the action is (A) necessary because of SEC. 705. TELECOMMUTING PUBLIC INFORMA- atorium on regulatory rulemaking ac- TION PROGRAM. an imminent threat to health or safety or other (a) FINDINGS.—Congress makes the follow- tions, and for other purposes. emergency, or (B) necessary for the enforcement ing findings— The PRESIDING OFFICER laid be- of criminal laws; and (1) Telecommuting is the practice of allow- fore the Senate the following message (3) the Federal agency head publishes the ing people to work either at home or in near- from the House of Representatives: finding and waiver in the Federal Register. (b) EXCLUSIONS.—The head of an agency shall by centers located closer to home during Resolved, That the bill from the Senate (S. publish in the Federal Register any action ex- their normal working hours, substituting 219) entitled ‘‘An Act to ensure economy and cluded because of a certification under section telecommunications services, either par- efficiency of Federal Government operations 6(3)(B). tially or completely, for transportation to a by establishing a moratorium on regulatory more traditional workplace; (c) CIVIL RIGHTS EXCEPTION.—Section 3(a) or rulemaking actions, and for other purposes’’, 4(a), or both, shall not apply to a regulatory (2) Telecommuting is now practiced by an do pass with the following amendment: estimated two to seven million Americans, rulemaking action to establish or enforce any Strike out all after the enacting clause, statutory rights against discrimination on the including individuals with impaired mobil- and insert: ity, who are taking advantage of computer basis of age, race, religion, gender, national ori- SECTION 1. SHORT TITLE. and telecommunications advances in recent gin, or handicapped or disability status except This Act may be cited as the ‘‘Regulatory years; such rulemaking actions that establish, lead to, Transition Act of 1995’’. (3) Telecommuting has the potential to or otherwise rely on the use of a quota or pref- dramatically reduce fuel consumption, mo- SEC. 2. FINDING. erence based on age, race, religion, gender, na- bile source air pollution, vehicle miles trav- The Congress finds that effective steps for im- tional origin, or handicapped or disability sta- eled, and time spent commuting, thus con- proving the efficiency and proper management tus. tributing to an improvement in the quality of Government operations, including enactment SEC. 6. DEFINITIONS. of life for millions of Americans; and of a new law or laws to require (1) that the Fed- For purposes of this Act: (4) It is in the public interest for the Fed- eral rulemaking process include cost/benefit (1) FEDERAL AGENCY.—The term ‘‘Federal eral Government to collect and disseminate analysis, including analysis of costs resulting agency’’ means any agency as that term is de- information encouraging the increased use of from the loss of property rights, and (2) for fined in section 551(1) of title 5, United States telecommuting and identifying the potential those Federal regulations that are subject to risk Code (relating to administrative procedure). benefits and costs of telecommuting. analysis and risk assessment that those regula- (2) MORATORIUM PERIOD.—The term ‘‘moratorium period’’ means the period of time— (b) TELECOMMUTING RESEARCH PROGRAMS tions undergo standardized risk analysis and (A) beginning November 20, 1994; and AND PUBLIC INFORMATION DISSEMINATION.— risk assessment using the best scientific and eco- (B) ending on the earlier of— The Secretary of Transportation, in con- nomic procedures, will be promoted if a morato- (i) the first date on which there have been en- sultation with the Secretary of Labor and rium on new rulemaking actions is imposed and an inventory of such action is conducted. acted one or more laws that— the Administrator of the Environmental (I) require that the Federal rulemaking proc- SEC. 3. MORATORIUM ON REGULATIONS. Protection Agency, shall, within three ess include cost/benefit analysis, including anal- months of the date of enactment of this Act, (a) MORATORIUM.—Until the end of the mora- ysis of costs resulting from the loss of property carry out research to identify successful torium period, a Federal agency may not take rights; and telecommuting programs in the public and any regulatory rulemaking action, unless an ex- (II) for those Federal regulations that are sub- private sectors and provide for the dissemi- ception is provided under section 5. Beginning ject to risk analysis and risk assessment, require nation to the public of information 30 days after the date of the enactment of this that those regulations undergo standardized regarading— Act, the effectiveness of any regulatory rule- risk analysis and risk assessment using the best (1) the establishment of successful making action taken or made effective during scientific and economic procedures; or telecommuting programs; and the moratorium period but before the date of the (ii) December 31, 1995; (2) the benefits and costs of tele- enactment shall be suspended until the end of except that in the case of a regulatory rule- commuting. the moratorium period, unless an exception is making action with respect to determining that (c) REPORT.—Within one year of the date of provided under section 5. a species is an endangered species or a threat- enactment of this Act, the Secretary of (b) INVENTORY OF RULEMAKINGS.—Not later ened species under section 4(a)(1) of the Endan- Transportation shall report to Congress its than 30 days after the date of the enactment of gered Species Act of 1973 (16 U.S.C. 1533(a)(1)) findings, conclusions, and recommendations this Act, the President shall conduct an inven- or designating critical habitat under section regarding telecommuting developed under tory and publish in the Federal Register a list of 4(a)(3) of that Act (16 U.S.C. 1533(a)(3)), the this section. all regulatory rulemaking actions covered by term means the period of time beginning on the SEC. 706. AUTHORITY TO ACQUIRE CABLE SYS- subsection (a) taken or made effective during date described in subparagraph (A) and ending TEMS. the moratorium period but before the date of the on the earlier of the first date on which there (a) IN GENERAL.—Notwithstanding the pro- enactment. has been enacted after the date of the enact- visions of section 613(b)(6) of the Commu- SEC. 4. SPECIAL RULE ON STATUTORY, REGU- ment of this Act a law authorizing appropria- nications Act of 1934, as added by section LATORY, AND JUDICIAL DEADLINES. tions to carry out the Endangered Species Act of 203(a) of this Act, a local exchange carrier (a) IN GENERAL.—Any deadline for, relating 1973, or December 31, 1996. (or any affiliate of such carrier owned by, op- to, or involving any action dependent upon, any (3) REGULATORY RULEMAKING ACTION.— erated by, controlled by, or under common regulatory rulemaking actions authorized or re- (A) IN GENERAL.—The term ‘‘regulatory rule- control with such carrier) may purchase or quired to be taken before the end of the morato- making action’’ means any rulemaking on any otherwise acquire more than a 10 percent fi- rium period is extended for 5 months or until the rule normally published in the Federal Register, nancial interest, or any management inter- end of the moratorium period, whichever is including— est, or enter into a joint venture or partner- later. (i) the issuance of any substantive rule, inter- ship with any cable system described in sub- (b) DEADLINE DEFINED.—The term ‘‘deadline’’ pretative rule, statement of agency policy, no- section (b) within the local exchange car- means any date certain for fulfilling any obliga- tice of inquiry, advance notice of proposed rule- rier’s telephone service area. tion or exercising any authority established by making, or notice of proposed rulemaking, and June 16, 1995 CONGRESSIONAL RECORD — SENATE S 8595 (ii) any other action taken in the course of the means the existence of any condition, cir- (B) taken under sections 3(n) and 332 of the process of rulemaking (except a cost benefit cumstance, or practice reasonably expected to Communications Act and with respect to which analysis or risk assessment, or both). cause death, serious illness, or severe injury to a final rule was published on December 2, 1994 (B) EXCLUSIONS.—The term ‘‘regulatory rule- humans, or substantial endangerment to private (59 Fed. Reg. 61828). making action’’ does not include— property during the moratorium period. (7) WIDE-AREA SPECIALIZED MOBILE RADIO LI- (i) any agency action that the head of the SEC. 7. LIMITATION ON CIVIL ACTIONS. CENSES.—A regulatory rulemaking action by the agency and the Administrator of the Office of No private right of action may be brought Federal Communications Commission to provide Information and Regulatory Affairs within the against any Federal agency for a violation of for competitive bidding for wide-area specialized Office of Management and Budget certify in this Act. This prohibition shall not affect any mobile radio licenses, taken under section 309(j) writing is limited to repealing, narrowing, or private right of action or remedy otherwise of the Communications Act and with respect to streamlining a rule, regulation, or administra- available under any other law. which a proposed rule was published on Feb- tive process or otherwise reducing regulatory ruary 14, 1995 (60 Fed. Reg. 8341). SEC. 8. RELATIONSHIP TO OTHER LAW; SEVER- (8) IMPROVED TRADING OPPORTUNITIES FOR RE- burdens; ABILITY. (ii) any agency action that the head of the GIONAL EXCHANGES.—A regulatory rulemaking (a) APPLICABILITY.—This Act shall apply not- agency and the Administrator of the Office of action by the Securities and Exchange Commis- withstanding any other provision of law. Information and Regulatory Affairs within the sion to provide for increased competition among (b) SEVERABILITY.—If any provision of this Office of Management and Budget certify in the stock exchanges, taken under the Unlisted Act, or the application of any provision of this Trading Privileges Act of 1994 and with respect writing is limited to matters relating to military Act to any person or circumstance, is held in- or foreign affairs functions, statutes implement- to which proposed rulemaking was published on valid, the application of such provision to other February 9, 1995 (60 Fed. Reg. 7718). ing international trade agreements, including persons or circumstances, and the remainder of SEC. 10. DELAYING EFFECTIVE DATE OF RULES all agency actions required by the Uruguay this Act, shall not be affected thereby. Round Agreements Act, or agency management, WITH RESPECT TO SMALL BUSI- personnel, or public property, loans, grants, SEC. 9. REGULATIONS TO AID BUSINESS COM- NESSES. PETITIVENESS. (a) DELAY EFFECTIVENESS.—For any rule re- benefits, or contracts; (iii) any agency action that the head of the Section 3(a) or 4(a), or both, shall not apply sulting from a regulatory rulemaking action agency and the Administrator of the Office of to any of the following regulatory rulemaking that is suspended or prohibited by this Act, the Information and Regulatory Affairs within the actions (or any such action relating thereto): effective date of the rule with respect to small ONDITIONAL RELEASE OF TEXTILE IM businesses may not occur before six months after Office of Management and Budget certify in (1) C - the end of the moratorium period. writing is limited to a routine administrative PORTS.—A final rule published on December 2, 1994 (59 Fed. Reg. 61798), to provide for the con- (b) SMALL BUSINESS DEFINED.—In this section, function of the agency; the term ‘‘small business’’ means any business (iv) any agency action that— ditional release by the Customs Service of textile with 100 or fewer employees. (I) is taken by an agency that supervises and imports suspected of being imported in violation regulates insured depository institutions, affili- of United States quotas. Mr. WARNER. Mr. President, I move ates of such institutions, credit unions, or gov- (2) TEXTILE IMPORTS.—Any action which the that the Senate disagree to the House ernment sponsored housing enterprises; and head of the relevant agency and the Adminis- amendment, request a conference on (II) the head of the agency certifies would trator of the Office of Information and Regu- the disagreeing votes of the two latory Affairs certify in writing is a substantive meet the standards for an exception or exclusion Houses, and that the Chair be author- described in this Act; or rule, interpretive rule, statement of agency pol- (v) any agency action that the head of the icy, or notice of proposed rulemaking to inter- ized to appoint conferees. agency certifies is limited to interpreting, imple- pret, implement, or administer laws pertaining The PRESIDING OFFICER. The mo- menting, or administering the internal revenue to the import of textiles and apparel including tion was agreed to, and the Presiding laws of the United States. section 334 of the Uruguay Round Agreements Officer (Mr. THOMAS) appointed Mr. (4) RULE.—The term ‘‘rule’’ means the whole Act (P.L. 103–465), relating to textile rules of ori- NICKLES, Mr. STEVENS, Mr. THOMPSON, or a part of an agency statement of general or gin. Mr. GRASSLEY, Mr. GLENN, Mr. LEVIN, particular applicability and future effect de- (3) CUSTOMS MODERNIZATION.—Any action and Mr. REID conferees on the part of signed to implement, interpret, or prescribe law which the head of the relevant agency and the the Senate. or policy. Such term does not include the ap- Administrator of the Office of Information and proval or prescription, on a case-by-case or con- Regulatory Affairs certify in writing is a sub- f stantive rule, interpretive rule, statement of solidated case basis, for the future of rates, ORDERS FOR MONDAY, JUNE 19, wages, corporation, or financial structures or agency policy, or notice of proposed rulemaking reorganizations thereof, prices, facilities, appli- to interpret, implement, or administer laws per- 1995 ances, services or allowances therefor, or of taining to the customs modernization provisions Mr. WARNER. Mr. President, I ask valuations, costs, or accounting, or practices contained in title VI of the North American Free unanimous consent that when the Sen- bearing on any of the foregoing, nor does it in- Trade Agreement Implementation Act (P.L. 103– ate completes its business today, it clude any action taken in connection with the 182). stand in adjournment until the hour of (4) ACTIONS WITH RESPECT TO CHINA REGARD- safety of aviation or any action taken in con- 12 noon on Monday, June 19, 1995; that nection with the implementation of monetary ING INTELLECTUAL PROPERTY PROTECTION AND policy or to ensure the safety and soundness of MARKET ACCESS.—A regulatory rulemaking ac- following the prayer, the Journal of federally insured depository institutions, any tion providing notice of a determination that the proceedings be deemed approved to affiliate of such an institution, credit unions, or People’s Republic of China’s failure to enforce date, no resolutions come over under government sponsored housing enterprises or to intellectual property rights and to provide mar- the rule, the call of the calendar be protect the Federal deposit insurance funds. ket access is unreasonable and constitutes a waived, the morning hour be deemed to Such term also does not include granting an ap- burden or restriction on United States com- have expired, the time for the two lead- plication for a license, registration, or similar merce, and a determination that trade action is ers be reserved for their use later in appropriate and that sanctions are appropriate, authority, granting or recognizing an exemp- the day, there then be a period for the tion, granting a variance or petition for relief taken under section 304(a)(1)(A)(ii), section from a regulatory requirement, or other action 304(a)(1)(B), and section 301(b) of the Trade Act transaction of morning business not to relieving a restriction (including any agency ac- of 1974 and with respect to which a notice of de- extend beyond the hour of 1 p.m., with tion which establishes, modifies, or conducts a termination was published on February 7, 1995 Senators permitted to speak for up to 5 regulatory program for a recreational or subsist- (60 Fed. Reg. 7230). minutes each; further, that at the hour ence activity, including but not limited to hunt- (5) TRANSFER OF SPECTRUM.—A regulatory of 1 o’clock the Senate resume consid- ing, fishing, and camping, if a Federal law pro- rulemaking action by the Federal Communica- eration of S. 440, the National Highway hibits the recreational or subsistence activity in tions Commission to transfer 50 megahertz of System bill. the absence of the agency action) or taking any spectrum below 5 GHz from government use to The PRESIDING OFFICER. Is there private use, taken under the Omnibus Budget action necessary to permit new or improved ap- objection? The Chair hears none, and it plications of technology or allow the manufac- Reconciliation Act of 1993 and with respect to ture, distribution, sale, or use of a substance or which notice of proposed rulemaking was pub- is so ordered. product. lished at 59 Federal Register 59393. f (5) RULEMAKING.—The term ‘‘rulemaking’’ (6) PERSONAL COMMUNICATIONS SERVICES LI- means agency process for formulating, amend- CENSES.—A regulatory rulemaking action by the PROGRAM ing, or repealing a rule. Federal Communications Commission to estab- Mr. WARNER. Mr. President, for the (6) LICENSE.—The term ‘‘license’’ means the lish criteria and procedures for issuing licenses information of all Senators, the cloture whole or part of an agency permit, certificate, utilizing competitive bidding procedures to pro- vote on the motion to proceed to the approval, registration, charter, membership, vide personal communications services— statutory exemption, or other form of permis- (A) taken under section 309(j) of the Commu- highway bill previously scheduled for 3 sion. nications Act and with respect to which a final p.m. on Monday has been vitiated. Sen- (7) IMMINENT THREAT TO HEALTH OR SAFETY.— rule was published on December 7, 1994 (59 Fed. ators should also be aware that no roll- The term ‘‘imminent threat to health or safety’’ Reg. 63210); or call votes will occur during Monday’s S 8596 CONGRESSIONAL RECORD — SENATE June 16, 1995 session of the Senate. However, the ADJOURNMENT UNTIL MONDAY, Senate stand in adjournment under the majority leader fully expects amend- JUNE 19, 1995 previous order. ments to be offered to the bill and There being no objection, the Senate, those votes would be postponed until Mr. WARNER. If there is no further business to come before the Senate, I at 2:09 p.m., adjourned until Monday, Tuesday to a time to be determined by June 19, 1995, at 12 noon. the two leaders. now ask unanimous consent that the June 16, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1269 EXTENSIONS OF REMARKS

D.C. PUBLIC SCHOOL GUIDES OUT- HONORING OUR VETERANS Wake Island story. Even after his death, his STANDING STUDENT TO HONORS wife was not able to get him properly recog- IN MATH, UNIVERSITY STUDIES nized and believed about it. You can easily HON. G.V. (SONNY) MONTGOMERY read up on him by referencing Winfield Scott WHILE STILL IN JUNIOR HIGH OF MISSISSIPPI Cunningham in the Library of Congress, and IN THE HOUSE OF REPRESENTATIVES by taking a walk down to the National Ar- Thursday, June 15, 1995 chives and Records Service and looking at HON. ELEANOR HOLMES NORTON his pay stubs for December, 1941. Surely the Mr. MONTGOMERY. Mr. Speaker, a con- Marines did not steal his pay records out of OF THE DISTRICT OF COLUMBIA stituent of mine and a history buff recently the files. Sonny, he would have had to be in IN THE HOUSE OF REPRESENTATIVES conducted extensive research into various command of the island, because of the mili- military heroes and notables, mainly involving tary law that only an aviator can command Thursday, June 15, 1995 service in the Pacific Theatre during World where there are air forces, and there was a Marine squadron of Grumman Wildcats on Ms. NORTON. Mr. Speaker, on June 6, I War II. I would like to share his findings with the island. Capt. DeVereaux could not pos- personally commended an exceptional 13- my colleagues and recognize these individuals sibly have been command of the island, be- year-old boy who has brought honor to him- for their accomplishments. cause he was a ‘‘ground pounder’’ officer and self, his family, and the D.C. public schools DEAR SONNY: You have the advantage of was not entitled to do it. In the movie they through his outstanding academic accomplish- me in that you have had the luxury of world had the island commander conveniently lie ments. Gilbert Wang was the third highest travel in order to honor and see to the mem- down and die, so the Marines could do their ory and remains-recovery of U.S. veterans. I thing, but in real life, Commander scorer in the District in the recent MathCounts have been nowhere but to the public library. Cunningham spent the war in a Japanese competition, and has also triumphed in the It is one of the few free hobbies that can be prison. It would be to your credit to have citywide Geography Bee, as well as excelling indulged by retired typewriter mechanics this veteran properly remembered, and an in all his other subjects. with young families. It is interesting what apology extended to his descendants, for the Gilbert Wang is an eighth grader at Thomas you can find in a public library, even one as post-war denials of his story. A posthumous small as the Kemper-Newton Regional Li- medal might even be in order. Jefferson Junior High School. He completed brary here in Union. The next veteran I would have you to his first algebra class in the fifth grade (mak- You have done a splendid job of bringing to honor at this perfect time in history is per- ing a special trip to Jefferson for the course) a climax the honoring of U.S. veterans, both haps the one who contributed the most per- with a perfect score of 100 percent. In the dead and alive at this fiftieth anniversary of sonal valor of the war, outside of the con- sixth grade, he traveled to Jefferson to study the climax of the second world war. The pur- tribution of being maimed or killed in ac- geometry, which he also completed with a 100 pose of this letter is to plead for you to bring tion. I am referring to Gen. Claire Lee Chen- percent score. Continuing his advanced some publicity on some forgotten people, nault. He entered the war against Japan as coursework in mathematics, Gilbert took trigo- perhaps some of the earliest victims of that commander of the Chinese Air Force under war. Madame Chiang Kai-shek’s direction, and nometry with ninth-graders while he was in the The first one to mention has had some de- was credited with 37 victories against the seventh grade. He recently completed a pre- gree of recognition, since he was the first Japanese in the air, even before the U.S. calculus course at George Washington Univer- victim of the Japanese, dating all the way began involvement as the American Volun- sity with a grade of ``A''. Next year Gilbert will back to 1923. His name was Col. Earl Han- teer Group in China. Under Chennault’s lead- attend School Without Walls, an innovative cock ‘‘Pete’’ Ellis, who was sent into the Pa- ership, more was done with greater success, public high school where students pursue ad- cific to see what was happening out there, in with the least people and equipment, for the vanced placement curricula, and attend many the year 1923, and the best evidence has it longest time, than in any air war in history, that he was poisoned by the Japanese. If special courses off-campus and universities. and sadly, with the least amount of credit. your high-paid liars up there in Washington After fighting an almost single-handed war, Gilbert will probably graduate from high school will re-write the Enola Gay story, I am sure for eight years, Chennault was finally con- in the tenth grade. they won’t mind thinking up a nice cover-up vinced that he had more enemies in Washing- The D.C. public schools recognized Gilbert's story to keep from offending the Japanese ton than in Tokyo, and retired. His story is talents early on, and offered him the oppor- about Col. Ellis, but it would be to your well-documented in several books, and you tunity to excel that he has so wonderfully credit to have him remembered as likely to can read every word of it. I think it a blight be the first victim of the Pacific theater. on the record of the U.S. military, that after used. Jefferson principal Vera White has been Another veteran who paid a very high price being first to take command against the one of Gilbert's strongest supporters. The D.C. for doing his best job was a Navy carrier Japs, he was not even invited to the final public schools have nurtured Gilbert's talents, pilot named Winfield Scott Cunningham. I surrender ceremony. Gen. MacArthur veri- while also keeping in mind that although he am sure that everyone in Washington has fied the size of the oversight, forever, by may be a prodigy, Gilbert is nevertheless a Commander Cunningham neatly swept under looking around the battleship Missouri, and 13-year-old boy with special needs. While Jef- the rug, but his service is a matter of record. saying: ‘‘Where’s Chennault?’’ ferson has assisted Gilbert in obtaining schol- He was in command of Wake Island at the The last two veterans I would have you time of the Japanese capture of it. He was recognize and honor, if the government will arships for his advanced university placed in a Japanese prison in Shanghai, admit that any honor be due, were perhaps coursework, the school, and Gilbert's parents, China, the same one in which the Jimmy the second and third casualties of the Pacific have helped him maintain an environment Doolittle Tokyo raid survivors were detained war, namely Amelia Earhart and Fred where he can learn and socialize with his in. He had to be telling a true story, because Noonan, who ‘‘disappeared’’ on their famous peers as well. This outstanding child has the B–25 crewmen exchanged messages with ‘‘around the world flight.’’ Sonny, I have thrived in the D.C. public school system. The him before they were released. Both read every book I can get my hands on, to schools have provided him with opportunities Cunningham’s book, and the Tokyo Raid date, and hoping to find more about the last to make the most of his extraordinary abilities, story, back each other up. When Commander flight of these two people. In light of the Cunningham was released from prison and tons of evidence, and entire lifetimes spent and with innovative education options have of- repatriated, he discovered to his surprise, by researchers on the subject, there seems to fered him a chance to explore and grow out- that the Marine Corps legend, as portrayed be little doubt that these two people were side of the traditional educational structure, by William Bendix and others in the movie working in some sort of espionage role for but within the public school system. ‘‘Wake Island,’’ and gently nudged on its way the U.S. government when they disappeared Gilbert Wang is truly exceptional, and he by Capt. Devereaux and other Marine officers on that mission. The Amelia Earhart story, had in effect, become ‘‘fact’’ and he was in my opinion, sets a world record for the has been exceptionally well served by the never able to get his story heard or believed most duplicity, the most lies, many of them D.C. public school system. I offered by most during his lifetime. By the time he was seri- in the highest places, the most ‘‘fishy’’ iden- heartfelt congratulations and support to Gilbert ously trying to do that, Gen. DeVereaux was tities of people, the most people claiming to and his parents, and to Jefferson Junior High in command of the Marines, and do one thing and then doing another, from School, and its principal and teachers. Cunningham was completely left out of the her husband George Putnam to the President

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E 1270 CONGRESSIONAL RECORD — Extensions of Remarks June 16, 1995 of the United States, that it honestly, as raised a family, worked on a ranch and in of- rooting and praying for the Pojaque High stated by Admiral Nimitz, ‘‘staggers the fices. From time to time, I also encountered School Class of ‘95. And now, after so many imagination.’’ prejudice and overcame it. years of listening to adults talk, it’s time for Thank you and sincerely, I never went to graduate school or even you to make some noise, too. This is your BOB VAN DEVENDER. took an economic course. I nearly flunked day. Congratulations, and good luck. Buena f out of grammar school and had lots of doubts Suerte. about my choice of jobs. I must confess to f ARTHUR LEVITT’S GRADUATION you that in each of the five jobs I’ve held, in- SPEECH cluding the present one—without exception I A POINT-OF-LIGHT FOR ALL started out by being terrified that I was not AMERICANS: THE CLARA BAR- up to it. TON HIGH SCHOOL BILL OF HON. BILL RICHARDSON Many of you have shared such uncertain- RIGHTS TEAM OF NEW MEXICO ties. You certainly know that careers and re- IN THE HOUSE OF REPRESENTATIVES lationships have bumps and curves. But if one quality more than any other predicts HON. MAJOR R. OWENS Thursday, June 15, 1995 success that quality is perseverance. And if OF NEW YORK Mr. RICHARDSON. Mr. Speaker, this is the there is one characteristic which will make IN THE HOUSE OF REPRESENTATIVES time of year when each of us spends a great success meaningful rather than just a cheap Thursday, June 15, 1995 deal of time addressing high school graduation or hollow attainment, that characteristic is integrity. Mr. OWENS. Mr. Speaker, I rise to salute classes. We offer our wisdom and experience I don’t have to tell you about the problems the 36 students and their teachers from Clara to these young graduates who are entering a of our society that may impede or distract Barton High School whose efforts represent a new phase in their lives. you—crime, injustice, drugs, prejudice, and Point-of-Light for all Americans. Brooklyn and Students graduating from Pojoaque High many more. You’ve gotten this far by over- the 11th Congressional District are particularly School in my home county of Santa Fe had coming them. You’ll need to stay tough—to fight for what you want and believe in and proud of the team from Clara Barton High the unique opportunity to hear from the Chair- School who won the New York State Cham- man of the Securities and Exchange Commis- resist the easy, fast, or thoughtless paths. You’ll also need to be smart and willing to pionship and finished fourth among the 50 sion, Arthur Levitt. Chairman Levitt offered a take risks. The best in our society have States in the ``We the People . . . the Citizens magnificent commencement address that de- failed, made mistakes, or had bad breaks but and the Constitution'' competition. serves to be shared with more than just the they didn’t turn back, blame others, or re- The team of students and their teachers at 101 member graduating class. main indecisive. Clara Barton High School competed against I urge my colleagues to review Chairman Don’t believe the myth that opportunity some of the best, brightest, and wealthiest Levitt's speech and share it with young people strikes only once in a lifetime. You will be students from New York State to secure the all across this great country. exposed to opportunities much more than that—maybe once a day if you’ll be recep- State championship. They further persevered REMARKS BY ARTHUR LEVITT, CHAIRMAN, U.S. tive. What a good eduction—either formal or in the national ``We the People'' competitionÐ SECURITIES AND EXCHANGE COMMISSION— by experience—will do is equip you to recog- a debate-style mock congressional hearing POJOAQUE HIGH SCHOOL GRADUATION, nize opportunities. which judges students' knowledge and critical POJOAQUE PUEBLO, NM Most of you know what it means to work understanding of the Bill of Rights. In prepara- I am really proud to be here—almost as hard. And you’ve received a good education tion for the competition, students undertook an proud as the families and friends of the sen- here at Pojoaque. So you already have a iors who are graduating today. Congratula- intensive study of the Bill of Rights. At the solid foundation on which to build your competition, students were required to take a tions to each of you. You’ve worked hard to lives. reach this day—enjoy it. But more than half of you will take a step position on current constitutional issues and to I don’t think I ever wanted to speak at a further and go to college; if you can do it, defend their position elaborately. graduation any more than this one. I’ve seen that’s really the best foundation of all—espe- Located in the heart of the Crown Heights you through the eyes of my friend, John Ri- cially in the 1990s. neighborhood, it is evident that the students vera Dirks and his four classmates, Antonio You may have friends or relatives who did from Clara Barton are quite capable of over- Gonzalez, George Gonzalez, Ronald Noybal fine without college—in fact, the Prime Min- coming many feats amid an environment too and Melissa Martinez, who honored me by ister of England, John Major, never finished often characterized by doubt, negative peer your invitation. And I like what I see—(101) college. But in most cases, those people be- pressure, and modest economic means. They men and women who have worked hard— long to a generation that came before you; fought against a problem-ridden education played and prayed together—repected their your generation, and those that come after families, their community and their country, you, will find the most opportunities by system and achieved excellence for them- and are now going to take the risks of jobs going to college. So please do that if you selves and their community. or college in a world of uncertainty, chal- can—either now or later. The names of the victorious students are: lenge and opportunity. But no matter what you do next, don’t set- Carl Abbot, Afaf Abdur Rahman, Maatra I guess I’m here partly as a Vecino who has tle for whatever life give you—instead— Akbar, Jasmine Ali, LaToya Andrews, Lourdes a home about 13 miles south of here. And I’m reach for the stars. You are undoubtedly bet- Baez, Alesha Bovell, Faithlyn Brown, Eva Gor- here partly because John invited me, and be- ter than you think you are. You are probably don, Kevin Grant, Quincy Grigsby, Chevonne cause I so admire the values of his family smarter. Try to make your fate rather than Hall, Kevin Johnson, Zulema Jones, and their devotion to one another and to just going with the flow. Charmaine King, Marsha Lewis, Rosevelie their community. Sure it’s easy for me to tell you what to do But there’s one other reason I’m here and what it’s all about. I know that it’s Marquez, Dwayne Mason, Antoinette today, and that is because I identify with tough to be 17 and, believe it or not, I was McKenzie, Dameon Ming, Cynthia Morales, this community. I grew up in a neighborhood once there. If I can leave this wonderful class David Morisset, Sheila Morisset, Cecil Orji, called Crown Heights, which is in Brooklyn, with anything today, it’s to preserve your Felix Pacheco, Gary Pagan, Sherita Perry, New York. And my mother, like John’s, was spirit, nuture the values that brought your Carline Petit, Travis Sampson, Karen a school teacher. And believe it or not, families to rejoice with you as you graduate, Sanchez, Crystal Sheard, Kestia St. Juste, Pojoaque and the Crown Heights I remember and don’t accept the path of least resistance. Stacy Taitt, Kaydean West, Arnise Williams, have a lot in common. Both are very closely- Take chances. Go out on a limb, for your and Vaughn Wilson. knit communities, where everyone knows ev- job or your dream. Laugh at yourself. The tireless efforts of many adults also con- eryone else. Both are home to many mem- Let someone in. Comfort a friend. Give, bers of the same family, so that your butcher and give in. Observe miracles—make them tributed to the victory of the Clara Barton stu- or baker or even your high school teacher happen. Forgive an enemy. Take time for dents. Their coaches were Mr. Leo Casey and might also be your uncle or aunt. people—make time for yourself. Ms. Randi Weingarten. Also, for the past 5 And, most important, Crown Heights and Write a song. Challenge someone in power. years Mrs. Florence Smith served as a special Pojoaque are both equally part of America, a Say no. Climb a mountain. Change your liaison to the Clara Barton team from the of- nation that offers its citizens more opportu- mind. Fail, feel, love, But above all—grow. fice of Congressman MAJOR OWENS. The MLK nities than any nation in the world—no mat- Don’t ever look back and say what might Commission chaired by Mrs. Lorrelle Henry ter whether you are a man or a woman, have been. Enjoy life, and share you joys provided moral, spiritual, and financial support whether you are Hispanic, Native America or with others. Jewish, whether you live in New Mexico or Compassion, integrity and a sense of for the team. Many additional friends including New York. humor will make it easier. The belief and Judge Thomas R. Jones adopted the team That’s not to say things come easy in this pride I see in the eyes of your parents and and became cosponsors. country. I’ve had all kinds of jobs—I worked friends should get you off to a great start. With the war on our children's future being for a newspaper, served in the Air Force, And know that I join the others in this room waged by the Republicans in Washington and June 16, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1271 in Albany, NY; and with the advanced tech- TRIBUTE TO M. EDWARD KELLY In addition, States would have to take a nical skills that will be needed in the work- number of the following steps to qualify for a place in the year 2000, it is becoming clear HON. J. DENNIS HASTERT grant, including establishing a .02 blood alco- that minority and working class children face a OF ILLINOIS hol content [BAC] maximum for minors; man- very troubling future. To fight these destructive IN THE HOUSE OF REPRESENTATIVES dating seat belt use for all passengers in a forces we must make new efforts to teach our motor vehicle; a use-and-lose provision which children how important a good education is to Thursday, June 15, 1995 would cost any young driver his or her license their future. We must do more to reward our Mr. HASTERT. Mr. Speaker, I rise today to for 6 months if convicted of purchasing or pos- children when they exhibit academic excel- honor an outstanding civic leader of Illinois' sessing alcohol; a youth-oriented traffic safety lence. The exceptional performance of the 14th Congressional District, M. Edward Kelly, enforcement, education, and training program Clara Barton champions in a nationwide com- on his forthcoming retirement. for State officials and young persons; a man- petition once again proves that the Bell Curve Ed Kelly has served since December of datory minimum penalty of $500 for selling al- theory of racial inferiority is a big lie. 1976 as the executive vice president of the cohol to a minor; development of a procedure The team at Clara Barton High School rep- Elgin Area Chamber of Commerce. The list of to ensure that traffic records, both instate and resents a magnificent Point-of-Light and accomplishments during his long career are out-of-State, are available to the appropriate serves as an inspiring success story for all many, and there are many States across this government officials; and a prohibition on young people and all of America. Nation that are better for his service there. open containers of alcohol in the passenger Born and raised in Parkersburg, WV, he grad- compartment of any vehicle on a public high- f uated from Marietta College in Marietta, OH way, except for chartered buses. PERSONAL EXPLANATION and entered the field of organization manage- In addition, a supplemental grant program ment in 1955. He began his professional ca- would be available to States which took steps reer with the Benton Harbor-Saint Joseph's such as providing information to parents on HON. JOHN J. LaFALCE Chamber of Commerce in Michigan, and man- the effect of traffic convictions on insurance OF NEW YORK aged chambers in Oshkosh, WI and Spring- rates and providing stricter penalties for IN THE HOUSE OF REPRESENTATIVES field, MO before settling in Elgin, IL. speeding for drivers under the age of 21. Mr. Speaker, Mr. Kelly has been a valued As we all know, underage drinking and driv- Thursday, June 15, 1995 member of the Elgin community for years, and ing is an all-too-frequent deadly combination Mr. LAFALCE. Mr. Speaker, yesterday, I his list of civic and professional activities is a which we read about seemingly every day in missed several rollcall votes in order to attend long one. A former director of the YMCA cor- our local newspapers. We must work together my son's graduation ceremony in Buffalo. Had porate board, Miss Illinois Scholarship Pag- to help solve this problem, and the High Risk I been present, I would have voted ``yes'' on eant and Elgin Sesquicentennial Committee, Drivers Act of 1995 will be an important step rollcalls 370, 371, 372, 373, 374, 375, 376, he is also a past president of the Rotary Club in this effort. and 377, and ``no'' on rollcalls 378 and 379. of Elgin. To this day he serves as a member Mr. Speaker, I urge each and every one of of the American Chamber of Commerce Ex- my colleagues here in the House to join as a f ecutives, as an ex-officio member of the Cen- cosponsor of the High Risk Drivers Act of TRIBUTE TO MARINE LANCE CPL. ter City Development Corporation and as a 1995, and help to ensure passage of this im- JUSTIN LEWIS trustee of the Northwest Suburban Mass Tran- portant and needed legislation. sit District. f Mr. Speaker, I ask you and my colleagues HON. DAVE CAMP to join me in honoring this dedicated man, for POETIC TRIBUTE TO THE YOUNG OF MICHIGAN his commitment to this Nation's businesses VICTIMS OF THE OKLAHOMA CITY BOMBING IN THE HOUSE OF REPRESENTATIVES and to the Elgin community. I wish my friend the best in his retirement. His experience and Thursday, June 15, 1995 dedication have served the people of Elgin HON. BOB FRANKS Mr. CAMP. Mr. Speaker, some are called well. OF NEW JERSEY heroes because they can sing a song or put f IN THE HOUSE OF REPRESENTATIVES a leather ball through an iron hoop. But every HIGH RISK DRIVERS ACT OF 1995 Thursday, June 15, 1995 now and then, real heroes come along. Peo- ple who sacrifice everything in the name of lib- Mr. FRANKS of New Jersey. Mr. Speaker, erty and protecting the American way. People HON. FRANK R. WOLF recently I received a poem in the mail from a who don't stop to think about being a hero, but OF VIRGINIA constituent I represent, Ms. Paula McCoy- instead understand that if they don't do their IN THE HOUSE OF REPRESENTATIVES Pinderhughes of Somerset, NJ. This poem was inspired by the tragic Oklahoma City job, lives will be lost. Thursday, June 15, 1995 One of those heroes is from the fourth Dis- bombing, and is dedicated to the children who Mr. WOLF. Mr. Speaker, I rise today to lost their lives on that fateful day. trict of Michigan, and his name is Marine speak about a matter of great importance to Lance Cpl. Justin Lewis. Mr. Speaker, perhaps the worst aspect of our Nation and especially to our youth. this senseless tragedy is the long-term impact Justin, who graduated from Midland Dow Many of us read every day about the trag- it will have on our Nation's young. Ms. High School, was one of the 61 member 24th edy that accompanies driving while intoxicated Pinderhughes' poem is touching and poignant, Marine Expeditionary Unit that rescued pilot [DWI], speeding, foregoing seatbelts, and and I commend it to my colleagues' attention. Scott O'Grady in Bosnia. After the dramatic other risky behavior on the part of our Nation's OUR CHILDREN rescue, Justin told his mother, Linda, that ``we young drivers. During the 103d Congress, I in- didn't have time to be scared, we just did it.'' Our children are beyond the colors of the troduced legislation with the purpose of reduc- rainbow When Justin's chopper lifted off the rescue ing these senseless tragedies. Today, I proud- They shine as bright as the evening star sight, a surface-to-air missile missed the air- ly reintroduced this important legislation, the Have you really stopped to think of what craft by about a foot. Bullets flew by and it High Risk Drivers Act of 1995, and hope my they give to us was a narrow escape. But Justin Lewis and colleagues will join in this worthy effort by be- Each time they stare into our eyes from the rest of that unit went in, did their job, and coming a cosponsor. near or far. made the rescue. They were not expecting to The High Risk Drivers Act of 1995 sets up Our children turn to us in times of sadness become heroes, but I can't think of many peo- an incentive grant program to encourage When their tiny world begins to fall apart ple who deserve the title more. States to implement programs designed to im- All that’s required is a hug to give security A little kiss upon the head straight from What Scott O'Grady went through in the prove the traffic safety performance of high the heart. name of our country is heroic, to say the least. risk drivers. To qualify for incentive grants, Our children want the answers to all life’s His courage and ability to adapt is an inspira- States would have to establish a provisional li- questions tion to every American. His commitment and censing system which mandates that a minor You explain that time reveals all hidden the actions of the members of the 24th Marine may not obtain a full license until the young things Expeditionary Unit, including Justin Lewis, driver has held a provisional license for more How far is space? When did time start? How truly define the meaning of heroes. than a year with a perfect driving record. did I get here? E 1272 CONGRESSIONAL RECORD — Extensions of Remarks June 16, 1995 Why don’t I know? Where can I learn? Call for this deserved recognition and applaud Mr. Speaker, the United States of America What does it mean? her commitment and dedication. is the longest continuing democracy in the Our children don’t understand the constant f world and a model for emerging countries. In fighting that same mold, people like those who com- When the grownups take up arms in for- PERSONAL EXPLANATION prise the Volunteer/Mentor Program in the eign lands South Glens Falls Central School District are Their eyes and ears look to hear peaceful solutions HON. SUE MYRICK models for all of us here. Their tiny souls wish them to lend a help- OF NORTH CAROLINA I have always been one to judge people ing hand. IN THE HOUSE OF REPRESENTATIVES based on what they return to their community. Our children sometimes need our conversa- Thursday, June 15, 1995 By that measure, these volunteers are truly tion great Americans. I ask, Mr. Speaker, that you, Mrs. MYRICK. Mr. Speaker, Tuesday, June and all fellow Members, join me in paying trib- To help discuss, sort out confusion, simply 13, 1995, and Wednesday morning, June 14, explain ute to this program that works to protect our Somewhere to turn, just to be heard, express 1995, I was granted a leave of absence due future. to illness in my family. I therefore missed the opinions f Never silent, looked down upon, new following rollcall votes: On Tuesday, rollcall knowledge gained. No. 370Ðhad I been present, I would have IN SUPPORT OF THE DAY OF THE Our children come enwrapped in many colors voted ``yea;'' rollcall No. 369Ðhad I been AFRICAN CHILD The most precious gifts that God will ever present, I would have voted ``yea;'' rollcall No. give 368Ðhad I been present, I would have voted HON. ALCEE L. HASTINGS Teach them respect, pride in their culture, ``yea;'' rollcall No. 367Ðhad I been present, I OF FLORIDA always love them would have voted ``yea.'' On Wednesday, roll- IN THE HOUSE OF REPRESENTATIVES Ensure their world will be a better place to call No. 373Ðhad I been present, I would live. Thursday, June 15, 1995 have voted ``nay;'' rollcall No. 372Ðhad I been Our children are the leaders of their tomor- present, I would have voted ``yea;'' and rollcall Mr. HASTINGS of Florida. Mr. Speaker, I row rise today before this distinguished body to ex- Share your wisdom, understanding, make No. 371Ðhad I been present, I would have voted ``nay.'' press my strong support for the Day of the Af- them strong rican Child and the efforts of UNICEF to help Learn to accept one another for their dif- f ferences the children of Africa. Dismiss all others who will tell them that A TRIBUTE TO SOUTH GLENS The Day of the African Child was founded to they’re wrong. FALLS CENTRAL SCHOOL VOL- commemorate the lives of the children who —Paula McCoy-Pinderhughes. UNTEER/MENTOR PROGRAM were massacred in Soweto, South Africa, on f June 16, 1976. They joined together to rally HON. GERALD B.H. SOLOMON against the sinister scourge of apartheid, and HONORING KAREN D. CALL OF NEW YORK the Day of the African Child is a chance for us IN THE HOUSE OF REPRESENTATIVES to unite against another blight; impoverishment. It is also an opportunity to bring public HON. ED PASTOR Thursday, June 15, 1995 OF ARIZONA attention to a forgotten realm; a place where IN THE HOUSE OF REPRESENTATIVES Mr. SOLOMON. Mr. Speaker, it is a privi- 30 million children are malnourished and many lege to rise today and pay tribute to a program have lost their homes and families. These chil- Thursday, June 15, 1995 which provides a tremendous service to the dren's lives are irrevocably scarred by the Mr. PASTOR. Mr. Speaker, I would like to students and community of South Glens Falls. mental wounds of the violence that ravages take this opportunity to congratulate Ms. Karen The Volunteer/Mentor Program is completing their homelands. However, it is also a time to D. Call who was one of 10 teachers nation- its second year of service helping elementary reflect upon the many positive programs that wide to win the Reader's Digest American He- and middle school children with their self-es- have come to fruition. Many African nations roes in Education Awards. teem, allowing them to meet their academic have achieved real progress in attaining the Ms. Call has devoted her life to the noble and personal potential. needs of their children. Unfortunately, we are profession of teaching. Her commitment to Young people comprise America's greatest constantly reminded of the threat to the fragile making a difference in other people's lives in- asset. In that respect, a program like this one lives of children by the civil strife that was spired her to develop a unique program that is invaluable and representative of that most recently, and most graphically, illustrated affects both young and adults. uniquely American concept of volunteerism. In in the carnage of Rwanda. That is why the Seventeen years ago, she started teaching this day and age especially, our children are theme of this years Day of the African Child is a supplemental, 30-minute extra reading class subject to an alarming range of negative influ- ``Children in Armed Conflict.'' for at-risk children in the second grade. Under- ences. Therefore, it is critical that we call upon Now in it's 5th year, the Day of the African standing that more was needed for the chil- the entire community to assist our young peo- Child utilizes the backdrop of the struggle and dren in Safford, a low-income, rural community ple in overcoming problems with their self-es- sacrifice of those heroic children in Soweto, to where English was many times not spoken, teem by countering the impact of damaging provide a forum for understanding and rec- she found a way to expand the program. It social ills. That is why the service of the 60 ognizing the many challenges that African chil- was transformed into a district wide-effort that volunteers in this program is so critical. dren face today. It is a day to transcend the reaches children from pre-school through high Allow me to recount some of the efforts of man-made boundaries that keep us apart, and school. these mentors. They meet with the students in to recommit and focus our efforts to the pro- The uniqueness of the program lies in the small, or even one-to-one settings for at least tection and development of our most precious inclusion of parents and children in the learn- 45 minutes per week. This relationship be- resource. We must work together to stop the ing process. Classes now range from at-home tween mentor and child lasts for a minimum of violence, illness, and instability that continue learning for pre-school children to adult lit- one school year, whereby affected children re- to plague the children of Africa. eracy to English-as-a-second language. ceive the degree of attention they need to en- Rwanda is a recent example of the trauma- By including parents in the process, attend- sure they reach their maximum potential. tizing and tragic effect armed conflict on chil- ance in her evening classes has grown from These volunteers and the children often estab- dren, the innocent victims. In the strife that a few parents to over almost 70. By making lish such strong bonds that many mentors has spread across Africa in the last decade, her workshops a family affair, she has secured have extended their service for a second year. an estimated 2 million children have been the success of her program. This type of devotion exemplifies those killed. Children have borne witness to un- At a time when our children's education has qualities which makes Americans, and Amer- speakable acts of brutality. As the attention of become a national priority, true heroes as ica, great. I have always felt that there are the world community has been focused on Karen Call serve as a source of inspiration three distinct reasons for this greatness, other parts of the world in the last 10 years, and hope for others whose selfless devotion to American pride, patriotism and volunteerism. the situation has not improved. The impact of the honorable profession of teaching remains The American people have been noted for this the crises are just as severe as the famines unrecognized. For in the teachers like Karen voluntary service, be it in the fire departments, and armed conflicts of the 1980's. More omi- Call lies the future of our youth and our nation. civic and community organizations, or extra- nously, the reaction of the world to these trag- I send my sincerest congratulations to Ms. curricular programs at our schools. edies has been dangerously slow, and donor June 16, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1273 fatigue is a prevailing ailment that taints relief in child custody cases in the District of Colum- FDA's senseless delay of approval on vital efforts. bia. The bill, approved by this body, in es- medicines. I agree that Congress should no However, the Day of the African Child is sence freed Dr. Morgan from the D.C. jail. longer tolerate this practice. also a day to recognize and acknowledge the Upon her release she left the country and [From the Los Angeles Times, June 4, 1995] gains that African countries have had in help- joined her daughter who was living with rel- FDA’S ‘‘CAUTION’’ IS KILLING PEOPLE ing the plight of their children. The situation is, atives in New Zealand. Elizabeth and Ellen re- (By James P. Driscoll) indeed, grave, but contrary to popular mis- main in New Zealand, to this day. During the 1950s, drug approval in the conception, African nations have taken consid- Pending court orders pertaining to both the United States was a relatively quick and erable steps in improving the lives of their chil- mother and the child place unacceptable ob- simple process. Then came thalidomide. Eu- dren. We must wholeheartly direct more re- stacles in the path of their safe return. This bill ropean regulators had approved this tran- sources toward education initiatives and com- seeks to remove those obstacles. quilizer without realizing that it could affect munity rebuilding. We do have the capability, Ellen has indicated personally to me that a fetus, and several hundred birth defects resulted worldwide. Capitalizing on the trag- resources, and the conditions that are favor- she would like to return safely to the United edy, liberals in Congress expanded the Food able to succeed in creating a better life for our States, which is her home. and Drug Administration’s powers and al- children. We can fight disease, illiteracy, and Ellen will be 13 years old in August and has tered its priorities. malnutrition with simple, low-cost solutions. It lived over half her life in New Zealand, away After amendments in 1962, a peculiar sys- is estimated that a child in Africa can be edu- from her family and her home. Dr. Morgan a tem of drug approval emerged. With each cated for about $20 a day. With the goal of renowned plastic surgeon, due to local restric- passing year, that system grew more dila- universal primary school access, the U.N. tions, has been unable to practice medicine. tory, more unbalanced and more costly to patients. Children's Fund [UNICEF] has set the years The Morgan family has suffered greatly, and FDA’s top priority became—and remains— between 1995 and 2000 as the target period Ellen wants to come home. We should not prevention of new thalidomides. to increase primary school enrollment and re- force this child, who has suffered so much in Much of our gross national product is tention rate. This achievable goal of basic her young life to remain in exile if the situation spent on prevention: national defense, vac- education is also geared to correct the tre- can be remedied. cination, policing, flood control, sanitation, mendous disparity in the enrollment of female We should not and can not allow the judicial auto safety, cholesterol tests, anti-terrorist systems antiquated order to continue to pun- measures and burglar alarms. children. Our prevention needs are boundless, but re- In addition, the United Nations has success- ish this child or to force her to grow up away sources are limited and must be allocated fully carried out Days of Tranquility during from her family or her country. The legislation wisely. Too much allocated to a minor pre- which children are immunized against the six I introduce today will remedy the situation and vention need will leave major needs ne- major childhood killers. Warring parties have allow Ellen to come back to the United States glected. Ideally, the greatest good for the also been convinced to let convoys carrying and pursue her dreams. greatest number should determine priorities. desperately needed food and medicine to the Unfortunately, judicial proceedings and In reality, narrow self-interest often pre- innocent women and children trapped in war- media coverage tended to focus on disputes vails. Thus, defense contractors build new torn areas. between two well-known parents. The court weapons the country doesn’t need. Farmers order, now over 7 years old, does not address get subsidies to grow surplus crops. And FDA For some the Day of the African Child will churns out burdensome regulations that be a day to rejoice and enumerate the notable the current circumstances or the welfare of a delay drug approval and actually harm pa- progress that has been achieved to ease the young teenage child. tients. suffering of our planet's most precious citi- Under the provisions of this bill, the current To better understand FDA’s narrow prior- zens. For others, however, it will be a day to orders relating to the penalties to the mother ity, we need to see it in light of the kinds of reflect, and to remind us, of the existing adver- and visitation by the father, would no longer problems that beset drug regulators. The sity and suffering that challenges all of us to be operable. However, no bar would be least common problems are the preserve in our efforts. placed on any court from revisiting this issue thalidomides, drugs approved before their safety hazards are known. Even with the pre- I urge all my colleagues to recognize this at any time and weighing the markedly 1962 FDA, this kind of problem never was a important day which not only acknowledges changed circumstances since the original threat comparable to food poisoning or plane the struggles of the African youth, but of chil- court decree. crashes. But since Congress blamed FDA for dren everywhere, as they will someday inherit Intervention in this issue is not unprece- mistaken approvals, the agency made pre- the mantle of freedom and liberty that we hold dented, but in my judgment merited for the venting new thalidomides its top priority. so dear. child's own welfare and desire to return to her Through scare tactics and deception, FDA native country. sold the public on this priority. f Congress and the public are beginning to f INTRODUCTION OF A BILL RE- realize that they have been unwitting parties FDA’S CAUTION IS KILLING to a deal made in hell. To prevent a minor GARDING D.C. CHILD CUSTODY threat to public health, FDA created a major CASE PEOPLE health tragedy: needless deaths and suffering caused by delaying useful medicines. HON. THOMAS M. DAVIS HON. JOHN J. DUNCAN, JR. Rational priorities would seek a balance that minimizes the total deaths caused by OF VIRGINIA OF TENNESSEE both mistaken approvals and delays. Ration- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES ality and balance are hard. Delay is easy and Thursday, June 15, 1995 Thursday, June 15, 1995 deals made in hell are tempting. A recent FDA delay resulted in 3,500 Mr. DAVIS. Mr. Speaker, I rise today to in- Mr. DUNCAN. Mr. Speaker, I would like to deaths—those kidney cancer patients who, troduce legislation which would allow Hilary share with my colleagues an editorial from the by the FDA’s own figures, would have been Morgan, now know as Ellen Morgan and her June 4, 1995, Los Angeles Times written by saved if the drug Interleukin 2 had been ap- mother Dr. Elizabeth Morgan to return safely James P. Driscoll. proved here as quickly as it was in Europe. to the United States. Mr. Driscoll, an AIDS activist, is currently These kidney cancer deaths exceed the num- In August of 1987, Dr. Morgan was jailed for vice president of Direct Action for Treatment in ber of babies deformed by thalidomide. And civil contempt after she hid Hilary and refused San Francisco. He has been working with my Interleukin 2 is only the tip of the iceberg. Delays in approving heart drugs, cancer to give up for a 2 week court-ordered unsuper- constituent, Alzheimer's activist George drugs, AIDS drugs and life-saving devices vised visitation with her father. Hilary's case, Rehnquist, to pressure the Food and Drug Ad- have contributed to tens of thousands of as many throughout the world are aware, in- ministration [FDA] to approve tacrine, the first deaths. volves alleged child abuse by the father. It drug for treating Alzheimer's disease. Congress has tolerated FDA delay because portrays perhaps the most painful aspect of One of the most wasteful, bureaucratic its dangers are difficult to prove. Individual our own judicial system; a child's welfare and agencies in the Federal Government today is patients usually don’t know about the unap- child custody proceedings. the FDA. They have delayed approval for proved drug or device that could save their Dr. Morgan spent over 2-years in the District medicines for sometimes up to years to the lives. Patients who suffer the worst loss from FDA delay cannot protest from their graves. of Columbia jail, until my colleague from Vir- detriment of the health of American citizens. Fearing retaliation, drug companies avoid ginia, the Honorable FRANK WOLF offered leg- Mr. Driscoll's perspective on drug research, blaming FDA for delays. islation limiting to 12 months the time an indi- ``FDA's Caution is Killing People,'' brings Few people grasp the complexities of drug vidual could be incarcerated for civil contempt awareness to the needless deaths caused by development. Few politicians bother to E 1274 CONGRESSIONAL RECORD — Extensions of Remarks June 16, 1995 evaluate carefully either FDA’s priorities or PHYSICIST, DR. EARL F. SKELTON, nologies to maximize safety. Today, Mr. the human cost of regulatory delays. Con- HONORED Speaker, I am introducing a bill to do just that. sequently, we’ve lacked effective congres- The School Bus Safety Act does a number of sional oversight on FDA. Without oversight, rational policy perishes, deceit flourishes HON. IKE SKELTON things that will ensure the safe travel of our and demagoguery can triumph. OF MISSOURI most valuable resources: our children. Enter David A. Kessler, FDA’s answer to J. IN THE HOUSE OF REPRESENTATIVES My bill directs the U.S. Department of Transportation to set national proficiency Edgar Hoover. Kessler’s FDA boldly sets its Thursday, June 15, 1995 own priorities. It does not shrink from half- standards for schoolbus drivers. It also directs truths or scare tactics. It pursues retaliation Mr. SKELTON. Mr. Speaker, Dr. Earl F. the Administrator of the National Highway and selective enforcement without remorse. Skelton, of Washington, DC, a physicist at the Traffic Safety Administration to develop guide- It has made drug safety and efficacy testing Naval Research Laboratory was awarded an lines on the safe transportation in schoolbuses a worse bargain than the Pentagon’s $600 toi- NRL-Edison Chapter Sigma Xi Award in Pure of children under the age of 5. Currently, to- let seats. Fortunately, recent House and Science at a ceremony on June 8, 1995. day's buses are designed to transport and Senate hearings indicate that FDA abuses are finally arousing congressional watch- Dr. Earl F. Skelton of the Condensed Matter provide maximum safety for children above dogs. and Radiation Science Division is the author the age of 6. It would apply the Federal Motor Congress should no longer tolerate the of one of two winning papers in pure science, Carrier Safety Regulations [FMCSR] to inter- FDA’s perversion of its mission. To prevent ``Direct Observation of Microscopic state schoolbus operations. Presently, a few mistaken approvals, FDA sacrifices Inhomogeneities With Energy-Dispersive Dif- schoolbuses owned and operated by school countless patients to approval delay, slows fraction of Synchrotron Product X-rays.'' In this districts, regardless of the type of operation in- the pace of medical progress and drives paper, also winner of the 1995 NRL Alan Ber- volved, are not covered by FMCSR because health-care costs through the roof and jobs man Annual Research Publication Award, Dr. the school districts are exempt governmental out of the country. It’s time for Congress to Skelton develops fundamental high-pressure entities. My bill mandates a national criminal put patients above bureaucrats and hold the FDA strictly accountable for the human cost research on various superconducting materials history background check system to enable of regulatory delays. using a synchrotron beamline and significantly local education agencies, or contractors, to improves the x-ray diffraction detection limit. check the criminal background of any person f This is the first example of directly detecting they are considering for employment as bus TRIBUTE TO THE DEFENSE structural variations over a spatial scale of 10 drivers. In addition, the bill calls for the estab- REUTILIZATION AND MARKETING micrometers. The existence of such structural lishment of construction, design, and secure- SERVICE inhomogeneities brings into question whether ment standards for wheelchairs used in exotic experimental results obtained from high- schoolbuses. Finally, my bill directs the DOT temperature superconducting material actually study the usage of seat belts on schoolbuses, HON. NICK SMITH reflect their intrinsic properties. the extent to which public transit vehicles are OF MICHIGAN Dr. Skelton, a research physicist with a engaged in schoolbus operations, and the IN THE HOUSE OF REPRESENTATIVES Ph.D in physics from Rensselaer Polytechnic contracting out of schoolbus operations. Institute, has published over 200 research pa- Mr. Speaker, as a senior member of the Thursday, June 15, 1995 pers in technical journals and won several sci- U.S. House of Representatives Transportation Mr. SMITH of Michigan. Mr. Speaker, I rise entific publication awards. He is a fellow of the and Infrastructure Committee, I have long today to pay tribute to the exemplary efforts of American Physical Society and a professor in championed Federal measures to promote the employees of the Defense Reutilization the School of Engineering and Applied transportation safety. My bill jets forth a rea- and Marketing Service [DRMS] based at the Science at George Washington University. sonable plan for improving schoolbus safety Federal Center in Battle Creek, MI. Each year at the NRL-Edison Chapter of and safeguarding the lives of schoolchildren. I In the last several years DRMS has vastly Sigma Xi presents awards to outstanding NRL urge all my colleagues to support this legisla- improved the efficiency of its operations, which scientists judged to have made distinguished tion. involve the reuse and sale of military surplus contributions to pure and applied science dur- f goods. In the 1994 fiscal year, DRMS in- ing their research NRL. These awards are in REMEMBERING OUR VETERANS creased its revenues by 85 percent and its keeping with the objective of the chapter to profits by 116 percent while cutting its costs encourage investigation in pure and applied by 4 percent. These improvements have conscience and to promote the spirit of scientific HON. THOMAS M. BARRETT tinued into the 1995 fiscal year. In fact, the research at the Naval Research Laboratory. OF WISCONSIN Michigan legislature recognized and com- I know that each Member of this body joins IN THE HOUSE OF REPRESENTATIVES mended the achievements of DRMS in a reso- me in congratulating Dr. Skelton on his truly Friday, June 16, 1995 lution passed on May 31, 1995. outstanding achievement. f Mr. BARRETT of Wisconsin. Mr. Speaker, This week, a provision of H.R. 1530 pro- one of my constituents, Thomas J. Boulet, posed the total privatization of DRMS, ignoring SCHOOL BUS SAFETY ACT OF 1995 sent me a poem ``Remembering'' which hon- the progress it has made. This provision also ors the service of the men and women who ignored the ongoing selective privatization pro- HON. JAMES A. TRAFICANT, JR. have served their country in the Armed gram at DRMS and the opinion of DRMS and Forces. I think this poem gives all of us an op- the Defense Logistics Agency [DLA] that total OF OHIO IN THE HOUSE OF REPRESENTATIVES portunity to reflect on their sacrifice and valor. privatization is not feasible. Fortunately, with REMEMBERING the help of many fine people connected with Friday, June 16, 1995 (By Thomas J. Boulet, September 10, 1980) DRMS, we were able to remove this provision. Mr. TRAFICANT. Mr. Speaker, every Yes, the poppies still blow in Flanders Field I would like to take this opportunity to recog- schoolday in our country approximately But over here, who still cares—? nize and thank some of those who took lead- 418,000 schoolbuses carry 24 million school- People have forgotten Wars I and II ing roles in the effort to amend H.R. 1530. I children to and from school and school-spon- That made Veterans of men so true. like to thank the leaders of DRMS and DLA, sored activities covering 4.5 billion miles. For God and Country—they did their duties navy Captain Hempson [DRMS] and Admiral Schoolbus safety is an issue that certainly de- Against high odds—they went forward: Straw [DLA]. I also want to express my appre- serves the attention of the American people Striving, fighting men—now forgotten ciation for the support of Dan McGinty, DLA's and the Congress. Between 1988 and 1993 They gave their all, let them rest—Their battles done. Congressional Liaison. approximately 400 people were killed, and I want to thank the employees of DRMS 67,900 people were injured, as a result of Today, we here, must say a Prayer both for the excellent work they have done To remember the ‘‘Peace of the Dead’’ schoolbus accidents. In my State of Ohio, Hoping that our Prayers are not in vain and their efforts to change H.R. 1530. In par- there were 475 peopleÐ426 of them stu- That while this World lasts—no war again. ticular, I would like to recognize the efforts of dentsÐinjured in schoolbus accidents in the The ‘‘Torch’’ that was cast to us living Gary Redditt and Angie Disher, the union rep- 1992±93 school year. Must be ‘‘Held up high’’—or die; resentatives at DRMS. Without question the schoolbus is the safest ‘‘Tis our time now to push and strive Once more, let me say once more to DRMS mode of transportation on America's roads For Peace; then we can hold that torch up and its employees, job well done. today. My goal is to improve on existing tech- high. June 16, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1275 We must not forget what war can do, hands of Fabens and Clint. Passage of this THE 50TH ANNIVERSARY OF A shattered family—of men so true; legislation would signal that this Congress is BELVIDERE AMBULANCE CORPS Helping the helpless that did come back, capable of recognizing instances when we can INC. To work on in life with a joyous knack. help our schools and students by intelligently f scaling back the reach of the Federal Govern- HON. MARGE ROUKEMA LEGISLATION TO AUTHORIZE A ment. OF NEW JERSEY LAND TRANSFER BY THE CLINT Before the 85th Congress granted these dis- IN THE HOUSE OF REPRESENTATIVES AND FABENS INDEPENDENT tricts the right to use this land, the Federal Friday, June 16, 1995 SCHOOL DISTRICTS Government said for 23 years that it would Mrs. ROUKEMA. Mr. Speaker, I rise to con- soon build something on the land. After those gratulate the Belvidere Ambulance Corps Inc. HON. RONALD D. COLEMAN two decades of inactivity, Clint, Fabens, and on the 50th anniversary of its dedicated serv- OF TEXAS the Congress finally realized that the people of ice to the people of Belvidere, NJ. I am certain IN THE HOUSE OF REPRESENTATIVES the community could make better use of the you realize how difficult it is to find people who land than the Federal Government had. I urge are willing to invest their time and energy to Friday, June 16, 1995 my colleagues not to return to those years of become an emergency medical technician, an- Mr. COLEMAN. Mr. Speaker, I rise to an- inactivity and require the land to disappear swer calls at all hours of the day and night, nounce that I am introducing legislation to re- into the labrynthian maze of Federal bureauc- and keep up with the continuing education remove from existing Federal law an obstacle racy. quired for this skill. Yet the men and women which prevents two school districts from mak- Waiving the reversionary right is a simple of the Belvidere Ambulance Corps have ac- ing important decisions regarding land which and straightforward way to help the young cepted this challenge and perform their ardu- they were granted by the Federal Government people in my district in Texas. The language ous duties gladly. They truly care about the 38 years ago. Through minor changes in exist- in the proposed legislation is narrowly tailored fellow members of their community. ing legislation, this Congress can give the to ensure that any proceeds which come from The history of the Belvidere Ambulance Fabens and Clint independent school districts any sale of land go to improving the education Corps is one that began with a sad, unfortu- the power to determine how to make the most of students in two school districts. Moreover, nate, and avoidable tragedy. On June 28, effective use of land they have been capably by passing this bill, Congress can demonstrate 1945, Belvidere merchant Matthew Hains was utilizing for almost four decades. that empowering localities is not a blind leap pushing his stalled car when he became Since 1957, Clint and Fabens independent of faith, but a definite process which requires pinned between the door and a utility pole and school districts in Texas have used federally the Members of this body to be sensitive to was seriously injured. A local doctor rushed to bestowed land to enhance their agricultural local realities and local solutions. I urge my the scene and immediately called for an am- and vocational curriculum. Placing an edu- colleagues to support this legislation. bulance, but it took more than an hour for one cational farm on land which the Federal Gov- to arrive from out of town. Mr. Hains made it ernment had previously ignored for 23 years, f 15 miles to the Easton [Pennsylvania] Hospital the Clint school district has been able to add but died 2 days later. Belvidere had lost one another dimension to their educational pro- THE CRUSADE FOR CHILDREN: of its most valued young citizens for lack of an gramming, and teach valuable skills to their OUR COMMUNITY AT ITS BEST ambulance. students. The citizens of Belvidere responded swiftly. Over the years, however, getting students to On July 2, 1945Ðonly 4 days after the acci- the educational farm has grown increasingly HON. MIKE WARD dentÐthe mayor appointed an ambulance fund committee and an ambulance was shortly problematic. Located 2 miles beyond the out- OF KENTUCKY ermost boundaries of the Clint independent in service. Over the years, the ambulance school district, school officials and teachers IN THE HOUSE OF REPRESENTATIVES service has grown considerably, gaining its must daily confront the difficulties and dangers own building in 1946, a crash truck and boat Friday, June 16, 1995 of getting students safely from Clint schools to in 1963, a jaws-of-life tool in 1976, Med-Evac a farm which now lies in another district. Stu- Mr. WARD. Mr. Speaker, year after year, helicopter flights in 1983 and 911 emergency dents and teachers must hope that a consider- the WHAS Crusade for Children shows us calling in 1994. Since that fateful day in 1945, the Belvidere able trip through busy streets will not tragically what a community working together can Ambulance Corps has answered roughly alter the progress these students are making. achieve. The crusade did it again this past 27,000 calls, an average of 11 a week, put in It would make sense, some argue, for Clint to weekend. sell the land and use the proceeds to enhance more than 115,000 person hours, an average its other vocational and technological pro- Rick Larkins, the chief of the Highview Fire of 45 hours a week, and put nearly 700,000 grams. Unfortunately, such a sensible course Department, summed up the crusade when he miles on its vehiclesÐthe equivalent of cross- of action is not allowed by current law. said, ``We're like a collection point for the ing the United States 224 times. These figures As existing law is written, the ability of the goodness of everyone in Jefferson County.'' do not include time spent on education, drills, school districts to make decisions in regard to The Crusade for Children has collected that or equipment maintenance. that land have been bracketed by a reversion- goodness for 42 years. I know of no other The ambulance corps will celebrate its 50th ary clause in the law. This clause states that cause which, year in and year out, brings to- anniversary with a parade on Saturday. More any attempt to dispose of the land would re- gether so many volunteers, working long than 1,000 participants and spectators are ex- sult in making the land property of the Federal hours, to truly make a community statement pected to participate and show ambulance Government once again. Clinton and Fabens that we will stand behind children and families workers their support. I wish them continued are, therefore, confined by a 38-year-old strait- with special needs. success in their next 50 years. f jacket. They can either keep the land no mat- The volunteer fire departments of my com- ter how greatly local circumstances change, or munity have made the crusade their cause. In RECOGNITION OF MAYOR ROBERT they can surrender it to the Government and doing so, they have given all of us a concrete PHINNEY AND POPULACE OF leave their students with even fewer vocational example that a real community is people help- SOUTH GLENS FALLS resources than they currently possess. ing people. At a time when we are all appreciating the complexities and virtues of a Federal system My thanks and commendations go to the HON. GERALD B.H. SOLOMON OF NEW YORK that gives localities important decisionmaking men and women of WHAS, the volunteer fire- IN THE HOUSE OF REPRESENTATIVES powers, I am confident that most of my col- fighters, the churches, the veterans' groups, leagues on both sides of the aisle understand and so many individuals who give their time Friday, June 16, 1995 the importance of letting school districts de- and energy to this annual endeavor to help Mr. SOLOMON. Mr. Speaker, every day cide how to best utilize property that has been children. when I'm home I have the privilege of driving under their supervision for close to 40 years. I'm proud to represent in the U.S. Congress through one of the most appealing commu- Therefore, today I am introducing legislation a community which really cares about people, nities on my way to and from my house in which would waive the reversionary right stipu- and the Crusade for Children is one of the Glens Falls and main district office in Sara- lated in Public Law 85±42, and untie the best statements of our caring. toga. E 1276 CONGRESSIONAL RECORD — Extensions of Remarks June 16, 1995 One important community between those in business administration. Mr. Helveston from Johns Hopkins University and worked for two cities is the Village of South Glens Falls, worked for a period of time with the Louisville the department of health in Tacoma, WA. which will celebrate its centennial this year. It's and Nashville Railroad before becoming an Erwin Braff was an active volunteer on the a village with an interesting heritage and, at administrative assistant with the Mobile City American Civil Liberties Union's San Francisco the same time, all the resources needed for Commission in 1961. It was 10 years later that Hotline; a member of the California Demo- an equally exciting future. I'd like to say a few W.C. Helveston made his entrance into local cratic Central Committee; a member of the words this morning about South Glens Falls. government as the administrator of Mobile Like the city across the river, South Glens County. Health Council of Marin; Marin AIDS Advisory Falls takes its name, and has built its life, During his tenure in this office, Mobile Commission; American Jewish Committee; around the falls in a bend of the Hudson County has flourished beyond expectation, and Marin Interfaith Council; board member of River. There, also, is the site of the famous and Mr. Helveston has made a very important the Jewish Community Relations Council and cave mentioned in James Fenimore Cooper's contribution to this growth. He has seen the treasurer of the Marin AIDS Political Action ``Last of the Mohicans.'' county's general fund budget go from $4 mil- Committee. He was twice nominated for the And like many other communities in the lion in the early seventies to more than $104 Human Rights Commission's Martin Luther area, the birth of South Glens Falls was inti- million today. He has overseen a highway King Award. mately tied to the lumber and paper-making construction program that is one of the largest Mr. Speaker, Marin County, and this Nation industries. Its official beginning as a distinct and best in our State. In addition, through owes a great deal of gratitude for the tireless entity was on August 8, 1895. Voters peti- untiring efforts with the U.S. marshall service, efforts of Dr. Erwin Howard Braff over the tioned the formation of the village to find a Mr. Helveston secured $1 million in Federal years. He was a friend and will be missed by source of wholesome water for its inhabitants. funds for the construction of the Metro Jail. all of us who knew him. I extend my condo- Funding was approved by a local bond vote in Mr. Speaker, I could go on for hours listing lences to his wife, Janet and his two sons early 1896, and the village began building a W.C. Helveston's various accomplishments water system fed by a series of springs, and contributions to Mobile County. However, Mitch and David. pumps, standpipes, and distribution piping. it is his undying commitment to make county f A new sewer system was constructed dur- government professional and responsive to ing the twenties and thirties, but more strin- the people that has been his greatest gift to HAPPY ANNIVERSARY TO gent regulations in the seventies and eighties the people of this county. BARBARA AND NICK CARTER led to major reconstruction projects. Mr. Helveston's commitment to Mobile The village is justifiably proud of its success County has always reached far beyond his po- in cleaning up the Hudson River for future sition as administrator. At a time when many HON. ALBERT RUSSELL WYNN generations to enjoy. Adding to the quality of find it difficult to make time to give something life was the inclusion of a walk/bike trail along back to the community, W.C. Helveston has OF MARYLAND the river and refurbishing the old brick treat- been an outstanding exception. One of his IN THE HOUSE OF REPRESENTATIVES ment plant into a museum, which will be dedi- most notable areas of community involvement cated this summer. has been with the Mobile County Mental Friday, June 16, 1995 The village is also known for its excellent Health Association, where he served on the school system, and other amenities that en- executive board. The gentleman is a civil serv- Mr. WYNN. Mr. Speaker, I would like to take hance living, but it has never lost its small- ant in the truest sense. this opportunity to congratulate a very special town character. Mr. Speaker, the character of Oftentimes, many in this great Nation are couple who will celebrate a milestone wedding America was forged in exactly such small eager to point the finger of blame or find fault anniversary on June 26, 1995. towns and villages, where such virtues as with our leaders. Rarely do we take the oppor- In these turbulent times, it is so wonderful to thrift, hard work, and care for one's neighbors tunity to recognize the dedicated and faithful recognize Barbara and Nick Carter, a couple abound. public service of many of our officials. It is for who have honored their vows to each other for All summer long those small-town virtues this reason that I take such great pleasure in 50 years. and 100 years of existence will be celebrated honoring one such outstanding individual, in South Glens Falls. The highlight will be the W.C. Helveston, for all he has given to the citi- Their romance began at Blair High School in week of August 7 to 13, featuring a parade zens of Mobile County, AL. Silver Spring, MD. He was a football star; she was a cheerleader. After Nick served in the and museum dedication. f Mr. Speaker, I ask all Members to join me Army Air Force during World War II, where he in saluting Mayor Robert Phinney, other village TRIBUTE TO DR. ERWIN HOWARD was a prisoner of war, Nick and Barbara wed officials, and the entire populace of South BRAFF on June 26, 1945. Glens Falls, with all our best wishes toward a In 1969, they left many family and friends in second century of growth and prosperity. HON. LYNN C. WOOLSEY Maryland and moved to Elkins, WV, where f OF CALIFORNIA Nick managed the Davis & Elkins College IN THE HOUSE OF REPRESENTATIVES SPECIAL TRIBUTE TO MR. W.C. Bookstore. In 1975, Nick became city clerk, a HELVESTON Friday, June 16, 1995 position he held until his retirement in 1988. Ms. WOOLSEY. Mr. Speaker, I rise today to Barbara also worked at Davis & Elkins Col- honor Dr. Erwin Howard Braff, who passed lege, in the admissions office, for 18 years. HON. SONNY CALLAHAN They are now retired and enjoying their hob- OF ALABAMA away on May 21, 1995. He was 71 years of bies. They are avid bridge players. Nick en- IN THE HOUSE OF REPRESENTATIVES age. Dr. Braff was director of communicable dis- joys golfing while Barbara enjoys gardening Friday, June 16, 1995 eases in San Francisco when the AIDS epi- and tole painting. Mr. CALLAHAN. Mr. Speaker, I am here demic reached the Nation's consciousness. In They are also devoted to their children and today to pay special tribute to a man who has fact, Dr. Braff supervised the individual who grandchildren. They raised four children: for years been a dedicated and faithful public first alerted the gay community to the public Denise Carter O'Gorman of San Diego, CA; servant in Mobile County, AL. This gentleman health threat of AIDS. Erwin Braff served the Melanie Carter-Maguire of Catharpin, VA; is only the second person to have served as department of health for 29 years until his re- Lauren Cater Campbell of Brattleboro, VT; and administrator of Alabama's second largest tirement in 1984, as director of communicable Ernest (Tad) Carter III of New York City. They county in more than 70 years, and is owed an diseases. Later, Dr. Braff played a leading role are the proud grandparents of Andrew, Alison, enormous debt of gratitude by the people of in passage of an anti-HIV/AIDS discrimination Katherine, Ian, and Colin. their family and that area. Mr. Speaker, it is for this reason ordinance in Tiburon. that I, on behalf of the citizens of Mobile Erwin Braff served in the Army Air Corps friends, many of whom live in my district, will County, recognize Mr. W.C. Helveston. during World War II, attended the University of gather on June 24 to wish them well. Mr. Helveston was educated in the Mobile California, Los Angeles, and began medical I would like to add my best wishes to this County public school system. He then went on school at the University of California, San special couple for the years to come and to to attend the University of Alabama and Francisco. After finishing medical school, he commend them for their inspiring life together. Spring Hill College, graduating with a degree received a master's degree in public health June 16, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1277 CONGRESS SHOULD SUPPORT spirit. Her letter to me conveyed the bond of risen to 54 years, an increase of 13 years ‘‘SAFE COPS’’ PROGRAM love and devotion she has for her family. since 1960. African governments provided Part of her family included her godfather, safe water and adequate sanitation to an addi- HON. JAMES A. TRAFICANT, JR. Nino Arthur. Porshia spent many hours by his tional 120 million people during the 1980's, OF OHIO bedside before he died of AIDS in 1991. His and now over 80 percent of the children living IN THE HOUSE OF REPRESENTATIVES death was hard on her and inspired the follow- in urban areas have access to safe water. In ing poem: addition, about 69 percent of African girls are Friday, June 16, 1995 (By Porshia Marie Zabala) now enrolled in primary school, up from 44 Mr. TRAFICANT. Mr. Speaker, earlier this Sometimes I want to cry. percent in the 1970's. week I had the pleasure of speaking at a Cap- Sometimes I want to scream. But this is still not enough. We must get be- itol Hill press conference to endorse a new po- And sometimes I’m just not me. hind this momentum of change we helped cre- lice protection program called Safe Cops. I All my troubles seemed so-so-far away. ate and not stop until we have accomplished would like to take this opportunity to urge all Now they’re all here to stay. what we originally set out to do: to make this my colleagues to support this excellent initia- Just so suddenly a safer world for our children. Mr. Speaker, I I’m not the girl I used to be. tive. Now there’s a shadow hanging over me. urge my colleagues to join me in commemo- The program is being sponsored by Eques There’s no way I could get you to stay. rating today as the Day of the African Child. Publishing Corp. of Freehold, NJÐpublishers God just wanted to take you away. But, I also urge them to take one step further. of Wanted magazine. Eques Publishing will I never knew what to say, when you were Children are the world's most priceless re- offer a $10,000 reward to any person provid- dying. Sick in bed. sources, and we should honor them every day ing information that leads to the arrest and And when I helped brighten your life, your of the year. smile helped brighten mine, in many conviction of anyone who discharges a firearm f at a law enforcement officer anywhere in the different ways. But, now that you’re gone, those three words United States. Wanted is a new monthly publi- TRIBUTE TO THE LITTLE HAITI I had to say never really came out the HOUSING ASSOCIATION cation that profiles America's most dangerous right way. fugitives. So now I’ll just say, I Love You, in that very The ``Safe Cops'' program has the strong special way. HON. CARRIE P. MEEK endorsement of the National Police Defense Mr. Speaker, I ask my colleagues to join me OF FLORIDA Foundation [NPDF], the Law Enforcement Alli- in congratulating Porshia for nomination as IN THE HOUSE OF REPRESENTATIVES ance of America [LEAA], and the Guardian Poet of the Year for 1995 by the International Friday, June 16, 1995 Angels. I would like to thank Shannon Wil- Society of Poets. I wish Porshia continued liams of Eques Publishing, Joseph Occhipinti success with her poetry and future endeavors. Mrs. MEEK of Florida. Mr. Speaker, today, I would like to recognize and honor a group of of the NPDF, Jim Fotis and Steve Chand of f the LEAA, and Curtis Sliwa of the Guardian people who truly believe in creating a better Angels for their strong support of this program FIFTH ANNUAL DAY OF THE Miami for all of its residents. and America's law enforcement officers. I AFRICAN CHILD Mr. Speaker, the group of people I am refer- would also like to thank my colleagues SUSAN ring to is the Little Haiti Housing Association, MOLINARI, SCOTT MCINNIS, and ROBERT DOR- HON. GARY L. ACKERMAN Inc. and Citibank, F.S.B., Florida. Together, NAN for attending the press conference and OF NEW YORK they have forged a formidable, lasting partner- expressing their support for the program. IN THE HOUSE OF REPRESENTATIVES ship in the Little Haiti community. Recently, As a former sheriff, I have seen first hand this partnership has received the Social Com- Friday, June 16, 1995 the sacrifices America's law enforcement offi- pact's 1995 Outstanding Community Invest- cers have made in the fight against crime. Mr. ACKERMAN. Mr. Speaker, I rise today ment Award. This award is bestowed upon a Every day of the year some 600,000 Federal, to commemorate the Fifth Annual Day of the handful of unsung heroes and organizations State, and local law enforcement officers put African Child. Nineteen years ago today, a ter- who invest their creative efforts and talents in their lives on the line to protect our commu- rible tragedy ensued in Soweto, South Africa. at-risk communities around the country. nities and homes. Tragically, some 150 law June 16, 1976 marks the beginning of a 5 day In 1993, the Little Haiti Housing Association enforcement officers are killed in the line of riot during which South African police mas- and Citibank launched the Affordable Home duty every year. Thousands more are injured. sacred almost 200 protestors, many of them Ownership/Education Program. This program It is a tough, dangerous and all too often, children. The Day of the African Child is dedi- has enabled 21 very low-income families in thankless job. cated to their memory. By commemorating this Little Haiti to become proud home owners. Eques Publishing should be commended for day, we are also promoting cross-cultural This program has also equipped 62 additional their commitment to protecting our Nation's awareness and celebrating Africa's progress in families with the wherewithal to purchase their law enforcement officers. Their new reward meeting the needs of its children. own homes. program deserves the support of every Mem- Unfortunatley, there are still many impedi- By leveraging public money with private ber of Congress and every American. I am ments to further progress. Violence still rav- funds and support, the Affordable Home Own- proud to support the ``Safe Cops'' program. ages the lives of many African children. In the ership Education Program purchases aban- f past decade, 2 million African children died as doned or foreclosed properties, renovates a result of armed conflict, 4 to 5 million were them and later sells them to program partici- HONORING PORSHIA MARIE rendered physically disabled, and over 17 mil- pants. Participants of the program are asked ZABALA lion were driven out of their homes. In addi- to commit to a 6 month individualized Home tion, some 200,000 children under the age of Ownership Training Program. During these 6 HON. ESTEBAN EDWARD TORRES 15 were forced into service in various African months, participants attend personalized coun- OF CALIFORNIA armies. seling sessions, workshops, and class. The IN THE HOUSE OF REPRESENTATIVES Let us use this day, and all those after, to training program specifically addresses issues focus on the desperate situation of children in which will prepare Little Haiti residents for all Friday, June 16, 1995 Africa. Let us all contribute to a better world the responsibilities and concerns that accom- Mr. TORRES. Mr. Speaker, I rise today to for our children, where they can expect to live pany home ownership. recognize Porshia Marie Zabala, a 13-year-old a life free of violence, and receive the benefits The role this program plays in this commu- student from West Covina, CA. of education, good health care, and safe shel- nity is particularly important when one under- Like most young adults, Marie enjoys play- ter. stands what it means to live in Little Haiti. Al- ing sports, roller skating, and being among Although there is quite a distance to go, most one out of every two people in Little Haiti friends. Marie is uniquely blessed with an ex- there have been some remarkable achieve- lives in poverty; and the average income for a traordinary talent to write poetry. Her poetry is ments in the last 35 years. In fact, U.S. devel- family of five is less than $14,000 per year. inspired by a childhood filled with mixed mes- opment aid to Africa has been instrumental in Further, 70 percent of family income, on aver- sages of love and divorce, happiness and helping millions of children live healthier and age, is devoted to paying rent. And finally, loneliness, and life and death. Her mother, safer lives. For example, the death rate of chil- nearly three-quarters of all available housing is Irene Zabala, and her grandparents are the dren under 5 has been cut in half since 1960. available only on a rental basis. The residents pillars of support that motivate her creative The average life expectancy in Africa has of Little Haiti are hard working Americans. It is E 1278 CONGRESSIONAL RECORD — Extensions of Remarks June 16, 1995 easy to see how discouraging it would be to ance. His supervision and instruction have counterparts in industrial nations. It is for this complete an 8 hour or more workday and been significant factors in shaping young stu- reason that we observe the Day of the African come home to a house that you do not even dents and preparing them for the future. Child. And it is for this very reason that today own. Home ownership will be an integral com- In his role as principal, teacher, coach, and and every June 16 we must remember not for- ponent in jump-starting this very proud com- sometimes parent, Mr. Smith has provided get, recognize not sidestep, and reinvigorate munity. emotional as well as educational support. He not doom the plight and the promise of the Because of the Affordable Housing Owner- has made many invaluable contributions to the children of Africa. ship/Education Program, the benefits currently Methuen community. Unfortunately, our soci- accruing to this community are threefold: the ety often takes its teachers for granted. But, f conversion of abandoned dwellings into family when we consider the positive effects a teach- housing beautifies the community, and in- er can have on the lives of children we begin SEGALOFF LEADS U.S. ROWING creases stability and pride of the residents. to appreciate the value of the profession. TEAM TO GOLD The new home owners are role models. Their Mr. Smith's commitment is a lesson about self-determination and belief in the betterment teaching through example. He dedicated him- of their community is something we should all self to improving his community and he suc- HON. ROSA L. DeLAURO ceeded. He is held in the highest esteem by strive to emulate. OF CONNECTICUT In an area which is beset by poverty and all who know him. I know many parents, stu- other problems, the Little Haiti Housing Asso- dents, and colleagues are grateful to James IN THE HOUSE OF REPRESENTATIVES ciation, Inc. and Citibank of Florida have ad- Smith for his contributions. I extend my con- Friday, June 16, 1995 dressed a critical need within this community. gratulations and best wishes to him on his re- These organizations as well as the individual tirement. I know that the Tenney Middle Ms. DELAURO. Mr. Speaker, I would like to participants of the program have demonstrated School will continue to benefit from Mr. congratulate the U.S. Rowing Team for its tre- their commitment to delivering stability and a Smith's involvement and contributions. mendous performance at the 1995 Pan Amer- sense of community back to Little Haiti. f ican Games in Mar del Plata, Argentina. In 21 Mr. Speaker, the Affordable Home Owner- events, the national team won 18 medals, in- ship/Education Program in Little Haiti is clearly COMMEMORATION OF THE FIFTH cluding 10 gold. an example of what public-private partnerships ANNUAL DAY OF THE AFRICAN are capable of achieving. To my colleagues, I CHILD, JUNE 16, 1995 The men's four and eight boats were led to believe that the Affordable Home Ownership/ gold medal victories by coxswain Steven Education Program is an ideal way to recreate HON. ELIOT L. ENGEL Segaloff, of New Haven, CT. I would espe- cohesive, strong communities, and may be an OF NEW YORK cially like to congratulate Steven. He and his effective way to turning around communities IN THE HOUSE OF REPRESENTATIVES family have been friends of mine for many within your own districts. Because of the part- Friday, June 16, 1995 years and I have watched Steven develop nership between the Little Haiti Housing Asso- from an exceptional local athlete to a world- ciation, Inc. and Citibank of Florida, commu- Mr. ENGEL. Mr. Speaker, I rise in com- class competitor. nities across the Nation are given a bench- memoration of the fifth annual Day of the Afri- mark, a modelÐif you willÐof what this coun- can Child. It was 19 years ago on this date At an early age, Steven devoted countless try can do for those in need; and furthermore, that a massacre of schoolchildren took place hours to practicing and preparing for rowing what those in need are willing to do for them- in the town of Soweto, South Africa. Starting competitions. His career as a coxswain began selves. in 1991, the Day of the African Child has at the Yale boathouse on the Housatonic I would like to join the Social Compact in served as an annual awareness day, alerting River in Derby, where he filled in for regular honoring this group of truly inspiring Florid- the entire world of the continued progress and varsity coxes when they missed practice. Ste- ians. I congratulate the Little Haiti Housing Au- the daily plight of children throughout the Afri- ven continued his career as a coxswain for thority and Citibank, F.S.B., Florida for creat- can continent. Cornell University's varsity crew team. Like his ing an opportunity for residents of Little Haiti This year's campaign is particularly special father, Jim Segaloff, a veteran coxswain of 30 to own homes and build a stronger commu- because we explore the challenges and cele- years who still continues to race at the New nity. I also commend this program to my col- brate the progress encountered by children in Haven Rowing Club, Steven developed a drive leagues who are interested in promoting home armed conflict. It is chilling to realize that ac- and passion for rowing. cording to a recent study commissioned by ownership within their own communities. After graduating from Cornell with a degree f UNICEF 75 percent of children interviewed in Rwanda had witnessed mass killings in mul- in American Studies, Steven prepared for his A TRIBUTE TO JAMES SMITH OF tiple areas. Equally shocking is the reality that intended legal career by working for Senator METHUEN, MA FOR HIS OUT- boys as young as 11 years old are being re- JOSEPH BIDEN as a staff assistant to the Sen- STANDING CONTRIBUTION TO cruited to serve in the armed forces of Africa's ate Judiciary Committee in 1993. But when THE METHUEN PUBLIC SCHOOL war-town countries. U.S. national rowing coach Mike Spracklen SYSTEM The Day of the African Child is not just a asked him to cox for the national team, Steven time to recognize hardship but also an oppor- put his legal and polticial ambitions on hold to HON. MARTIN T. MEEHAN tunity to dispel fallacy. It is important to realize train and compete in the World Cup Regatta OF MASSACHUSETTS that the continent of Africa is not a land of in Germany. conflict-laden countries destined for decay and IN THE HOUSE OF REPRESENTATIVES Since then, Steven has led our national destruction. It is a place of potential growth crew team to numerous victories, including Friday, June 16, 1995 and change, hope and progress. first place finishes at the 1994 World Rowing Mr. MEEHAN. Mr. Speaker, I rise today to Just in the last 35 years, the infant mortality Championships, the 1994 Henley Royal Re- pay tribute to an outstanding educator, Mr. rate has been cut in half and the average life James Smith. expectancy in Africa has jumped 13 years to gatta in London, the 1994 Goodwill Games, For over 30 years, Mr. Smith was a member the age of 54. Over 80 percent of children liv- and recently at the Pan American Games in of the Methuen, MA public schools family. He ing in urban areas have access to safe drink- Argentina. dedicated his life to teaching, coaching, and ing water and African governments have pro- Now, preparing for the 1996 Summer Olym- guiding young students at the Tenney Middle vided safe drinking water and adequate sani- pics, Steven hopes to fulfill his dream of win- School. tation to an additional 120 million people dur- ning an Olympic gold medal in Atlanta. His Mr. Smith began his distinguished career in ing the 1980's alone. In the area of education, hard work and sacrifice, and that of the na- 1958 as a teacher in Plymouth, NH. Seven over two-thirds of school age girls are enrolled tional rowing team, have earned the team years later he moved to Methuen and began in primary school. That's 25 percent more than international recognition and made us proud. I his long tenure in the Methuen public school in the 1970's. would like to wish the best of luck to Steven system. Throughout his career, he has as- While these advances are impressive they and the entire team as they train and compete sisted countless numbers of students. Each of also vividly illuminate the daunting reality; Afri- in preparation for the Olympics. Bring home his students has been a recipient of his sin- can children have yet to even approach the the gold in 1996! cere kindness, care, and responsible guid- basic humanitarian standards enjoyed by their June 16, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1279 CELEBRATION OF THE FIFTH AN- partment, and began writing a daily ``Lively Les has contributed his talents to the com- NUAL DAY OF THE AFRICAN Arts'' column. As a daily columnist, Barbara munity through his active participation in com- CHILD Bladen found her niche reviewing theater, munity organizations such as the Western As- opera, dance, music, and film. Although it was sociation of Community Health Centers and HON. THOMAS M. BARRETT difficult in the beginning, she continued to the National Association of Community Health OF WISCONSIN strive on and overcome all hurdles to become Centers. He served as treasurer of the Watts IN THE HOUSE OF REPRESENTATIVES a revered critic. Health Foundation, as well as chairman of the Known as one to put her interviewees at organization's board of directors from 1972 to Friday, June 16, 1995 ease, Barbara was successful in capturing 1978. Dedicated to community health, he Mr. BARRETT of Wisconsin. Mr. Speaker, I many celebrity interviews. She made use of played an integral role in the negotiations and rise today to celebrate the fifth annual Day of her theatrical background interviewing Bette completion of the $7 million health center in the African Child, which commemorates the Davis, Clark Gable, Judy Garland, Jimmy 1978. massacre of south African students in Soweto Stewart, Omar Shariff, Peter O'Toole, Paul In appreciation of his service and dedication on this date in 1976. Newman, Lauren Bascall, Sophia Lauren, Lu- to the community, Les has received several These young students spoke out against cille Ball, Jody Foster, and Kevin Costner to awards and commendations. He is the recipi- apartheid, questioning the system that denied name a few. Not only did she dress and act ent of certificates of appreciation bestowed by them equality. Who knew that their short lives accordingly for each starÐin full skirts and the Crippled Children's Society for his volun- would inspire their countrymen to alter the flamboyant jewelry with a southern twang for teer efforts and by the Volunteer's Auxiliary of course of history in the years to come? country stars, in black leather and raw lan- the Watts Foundation for his contributions to This tragic event was a critical moment in guage for rock starsÐshe knew exactly what the community. He was listed in ``Men of Africa's transition from crisis to hope. The to ask and how to ask it. Barbara traveled ex- Achievement,'' as well as the first edition of commemoration of this day should remind us tensively throughout her career, and reviewed ``Who's Who Among Black Americans.'' He that the children of Africa are the true victims the many different works she saw and heard has also been recognized for his dedication to of that continent's many tragedies, but also from all over the world. She has given the bay public health by both the Los Angeles City that they will help lead Africa to a brighter fu- area community a lifetime of her performing Council and the Los Angeles County Board of ture. arts expertise. Supervisors. Although South Africa is successfully adjust- Her forth-right manner and her charismatic A devoted father of four sons, Gerry, ing to its new democracy, other African na- style has been a great contribution to the arts Claude, Frederick, and Vincent, Les was mar- tions continue to struggle. The horrible suffer- arena in the bay area, and to the entire com- ried to Jewel Hall for 35 years. Jewel passed ing in Rwanda has had a devastating impact munity. Mr. Speaker, Barbara Bladen's 39 away in 1991, and he has since married the on its children, with hundreds of thousands years of dedication and commitment to shar- former Sandra Garrett. After Les retires, he dead or homeless as a result of the senseless ing new works and discovering new talents looks forward to spending time with his family. killing. We must work to prevent a repeat of has enlightened the entire San Francisco Bay Mr. Speaker, I urge my colleagues in the this catastrophe. area. On this day, when we celebrate her re- House of Representatives to join me in salut- I applaud the many dedicated volunteers tirement, I ask my colleagues to join me in ing Mr. Leslie H. Morgan on his many years and organizations who have worked tirelessly congratulating Barbara Bladen for her accom- of dedicated service to the city of Los Ange- for the children of Africa. I believe AfricaÐa plishments and outstanding career. les. It is a pleasure to join his family, friends, continent of the world's oldest civilizations and f and colleagues in recognizing his distin- yet home to some of the youngest political TRIBUTE TO LESLIE H. ‘‘LES’’ guished career and congratulating him on his statesÐwill work to ensure a brighter future MORGAN well-deserved retirement. for its children and share the fruits of its hard f work with those who nurture that goal today. HON. JULIAN C. DIXON DAY OF THE AFRICAN CHILD f OF CALIFORNIA TRIBUTE TO BARBARA BLADEN IN THE HOUSE OF REPRESENTATIVES HON. DONALD M. PAYNE Friday, June 16, 1995 OF NEW JERSEY HON. TOM LANTOS Mr. DIXON. Mr. Speaker, I rise today to pay IN THE HOUSE OF REPRESENTATIVES special tribute to Mr. Leslie H. ``Les'' Morgan OF CALIFORNIA Friday, June 16, 1995 IN THE HOUSE OF REPRESENTATIVES on the occasion of his upcoming retirement Mr. PAYNE of New Jersey. Mr. Speaker, I Friday, June 16, 1995 from the city of Los Angeles after 30 years of outstanding service. In recognition of his dedi- rise to note that this day, the 16th day of Mr. LANTOS. Mr. Speaker, I ask my col- cation to the citizens of Los Angeles, Mr. Mor- June, has been declared the ``Day of the Afri- leagues to join me in commending Barbara gan will be honored at an appreciation dinner can Child'' by the Organization of African Bladen, who retired from the San Mateo on July 20, 1995. It is a pleasure to share with Unity. Times on December 11, 1994, after 39 years my colleagues just a few of his many accom- Founded in memory of the uprising and as an exemplary critic and writer. Her instinct plishments. massacre of school children in Soweto, South throughout the years has led to a long and Born in Arkansas on December 8, 1935, Mr. Africa, it is a day that we pause to remember distinguished career in the San Francisco Bay Morgan spent his formative years in Little the plight of children all over Africa, and what area. In reading her reviews I have always ad- Rock. After graduating from Dunbar High we as citizens and legislators can do to create mired her insight and eloquence. She has de- School, Les moved to California where he a better environment for them. It is a day that voted the past 39 years to opening the door studied real estate and accounting at Compton provides us with a forum to celebrate the to the world of performing arts to many bay College. Mr. Morgan completed his studies in achievements Africa has attained in meeting area residents. real estate at East Los Angeles and Harbor the needs of its children, and provides us with Barbara, who is well-versed in the perform- City Colleges. After 19 years of continued the opportunity to renew our commitment to ing arts, had planned to make her career as education and experience in the field, he be- providing greater resources to aid in this strug- a participant of the arts rather than as critic of came a licensed real estate broker in the gle. them. She is schooled in tap, ballet, classical states of California and Nevada. In light of the recent defeat of the Hastings and jazz piano, modeling, and acting. She had From 1965 to 1985, Mr. Morgan worked for amendment to the foreign aid reauthorization planned to study acting in New York when she the city of Los Angeles in a number of posi- bill regarding the restoration of the $802 mil- married the late painter-sculptor Ronald tions. In 1987, he became a real estate train- lion level for the Development Fund for Africa, Bladen. After their move to San Carlos, she ee in the general services department and by we need to remind ourselves of the impact of began acting locally with the Hillbarn Theater. 1991 was advanced to real estate officer. this important part of our foreign aid bill that Shortly thereafter, she began her long and Mr. Morgan is an accomplished entre- provided funds to help the malnourished, the distinguished career with the San Mateo preneur. He is a hair stylist for Morgan's Hair illiterate and impoverished. Times. She started off as the newspaper's li- Styles, insurance broker, notary public, and Through foreign aid provided by America brarian and worked her way up to arts critic, owner of Morgan's Real Estate. When is not and other countries: for which she was paid $7.50 for each review. hard at work, Les enjoys Jazz, cooking, and The death rate of children under five has From there she moved into the women's de- travel. been halved since 1960. E 1280 CONGRESSIONAL RECORD — Extensions of Remarks June 16, 1995 African governments provided safe water TRIBUTE TO ROLLING MEADOWS THE FLAT TAX AND CRIMINALS and adequate sanitation to an additional 120 CHAMBER OF COMMERCE 1994 million people during the 1980's and now over HONOREES HON. FORTNEY PETE STARK 80 percent of the children living in urban areas OF CALIFORNIA have access to safe water and adequate sani- IN THE HOUSE OF REPRESENTATIVES tation. HON. PHILIP M. CRANE Friday, June 16, 1995 African girls face many obstacles in obtain- OF ILLINOIS Mr. STARK. Mr. Speaker, advocates of ing an education but now approximately 69 IN THE HOUSE OF REPRESENTATIVES sales taxes and value added taxes say that percent of African girls are enrolled in primary their proposals will eliminate the underground school, up from 44 percent in the 1970's. Friday, June 16, 1995 economy and tax avoidance by the criminal element and pretty much make the IRS un- While there has been progress over the last Mr. CRANE. Mr. Speaker, I would like to three decades, there were several setbacks in necessary. honor five very special business leaders in my Personally, I've been very skeptical of this the 1980's, such as a falling off of school en- district who were recognized and honored on argument, but the following letter, received by rollment by 7 percent. May 11, 1995 by the Rolling Meadows Cham- members of the Ways and Means Committee, This setback has been largely caused by ber of Commerce for their contributions to the indicates that the Republican tax revolution the increasing civil wars with Africa. Armed community. may indeed bring a revolution to criminal conflict continues to afflict sub-Saharan Africa David Hill, Jr., chairman and president of thinking. ROBIN, GYPUM, & STEEL, P.C., where fighting persists in Sudan, Liberia, and Kimball Hill, Inc., was honored as the 1994 Sierra Leone. The potential for renewed out- Springfield, VA, June 7, 1995. Business Leader of the Year. Having grown to Chairman BILL ARCHER, breaks in Rwanda, Burundi, and Somalia is become one of the 50 largest homebuilders in Committee on Ways and Means, 1102 Longworth high, and other countries like Zaire and Nige- the United States, Kimball Hill Homes collec- HOB, Washington, DC. ria, are at risk. Most of the nations where tively delivered over 1,000 homes in 1994 DEAR MR. CHAIRMAN: We serve as legal representatives of the United Drug Dealers of these wars occur have been victims of our alone. In addition, Mr. Hill has been involved former cold war policy. America and the Organized Families Mutual in national housing policy efforts and has testi- Benefit Association. On behalf of our clients, The condition that these countries find fied before Congress on housing finance is- we were pleased and excited to hear your themselves in today is largely due to our pol- sues. Moreover, he has been an extremely ac- opening statement of June 5, 1995, detailing icy of containment of communism in the cold tive participant in a number of local and re- how the United States of America might war days. As proper as that may have been gional planning, affordable housing, and chari- abolish the IRS and move to a transaction or sales tax system. As you indicated, this during that period, the truth is these countries table organizations. would abolish the problem of the under- are suffering today because of the divisions Dr. Arvind Goyal, of Family Doctor, Inc., ground economy and the problem of non- this policy created in their societies. was honored as the 1994 Community Leader compliance with the nation’s tax laws. On behalf of our clients, we heartily en- Children of Africa have suffered due to this of the Year. Aside from having served resi- dorse this move. Our clients are patriotic policy and this should concern the American dents for 16 years as a family doctor, Dr. Americans who want to contribute to the na- people so that we strive harder to right these Goyal has belonged to a wide range of local, tion’s tax base. wrongs. State, and national organizations, such as the We do have, however, a number of technical questions as to how the sales tax sys- It is important that this year's Day of the Af- American Medical Association and the Amer- ican Cancer Society. Other activities that have tem would work, and we hope you can pro- rican Child campaign will explore the theme of vide guidance to the entrepreneurs we rep- children in armed conflict. A study commis- benefited the community include his public resent. sioned by UNICEF found that 75 percent of presentations and testimonials on health and 1. To reduce the paperwork associated with the children interviewed in Rwanda had seen other issues before a number of community in- millions of dollars worth of marijuana, her- stitutions. Finally, Dr. Goyal has actively lob- oin, cocaine, LSD, etc., sales, can we pay the mass killings in many areas. Moreover, in sev- tax just once at the point of entry? If so, can eral African countries, boys as young as 11 bied State and Federal legislators on such issues as smoking restrictions in business we pay to an authority other than the U.S. years old have been recruited into military Customs Service (whose personnel seem to training. places, prevention of domestic violence, and have an unprofessional ‘‘attitude’’ problem health care reform. toward our clients)? Or could you abolish the The recent war in Rwanda is only one ex- Helene Curtis Industries, Inc., was honored Customs Service, too? ample of the atrocities committed where chil- 2. Many of our clients build a customer with the 1994 Business Beautification Award. dren have been the greatest victims. Thou- base near centers of education by the use of This respected Fortune 500 company which sands have been killed in the most brutal way free samples. Later, much later, the cus- has been headquartered in Chicago for years by hacking away arms and limbs. On June 14 tomer pays. Can the cost of free samples be completely renovated their building at 3100 netted against the profits of later sales? of last year, militia members of the majority Golf Road. The Rolling Meadows Chamber 3. Sometimes a client/customer will make Hutu tribe abducted up to 40 children of the has obviously taken note of the marked im- an offer that can’t be refused, and a refund minority Tutsis from a church complex in the for a below par product is in order. If our cli- provement in appearance. government-held part of the Rwandan capital. ent has already paid the sales tax, whom do The militia headed them off to almost certain McMinn & Troutman was honored as Small they apply to for a refund? Business of the Year. Having moonlighted as 4. In the execution of our business, a con- death. tract is frequently let for disposing of a fam- my campaign treasurer for the past 25 years, Enormous strides have been made in pro- ily of problems. Half the payment is made at I am pleased to see Billy McMinn recognized viding basic services for children caught in the time of the contract, half on the com- for all the dedicated time and effort that he pleted contract method of accounting. If, conflict. I was proud of the pharmaceutical in- and his partner, Larry Troutman, have put into however, the contractor is himself/herself industries in the New Jersey and New York area their business. Aside from their exceptional disposed before half the job is completed, can that responded to my call to help the children skills within the office, McMinn and Troutman we receive a refund for a business loss? 5. Because of the high rate of disease and of Somalia through providing quality drugs have been longtime civic volunteers, as each through UNICEF. disability in our clients’ professions, we are are also active members of the Rolling Mead- very interested in qualifying for Social Secu- On this now fifth annual Day of the African ows Rotary Club, their respective churches, rity disability payments as soon as possible. Child, please think of the children in each of and many other civic institutions within the Will we be able to qualify after six quarters the 56 countries of Africa and help in your community. of employment in the event of hostile fire? If own personal way to continue this good work. there is no IRS, who will keep track of our Mr. Speaker, I would like to congratulate Social Security and Medicare payments? Or Thank you, Mr. Speaker. these five business leaders of Rolling Mead- would you recommend that we advise our cli- ows for their hard work and dedication. ents to switch to State Workmen’s Com- pensation programs? Rolling Meadows and the Eighth Congres- 6. It is reported you might exempt medical sional District of Illinois is a better place to live expenses from the sales tax. Client cus- because of them. tomers who use drugs for stress-reducing June 16, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1281 purposes—can they be exempt? We have a To prove good faith, the Guatemalan Gov- government are driven by Harbury's effective number of clients who provide dysfunctional ernment has implemented its Human Rights campaign. The fact speak for themselves and sexual counseling services. Will that be an Agreement and has agreed to the presence of loudly in favor of the peace process and the exempt medical expense? 7. Lastly, for our interstate gambling cli- a United Nations Peace Mission to Guate- restraint of Guatemala's government. I hope ents, will there be a source tax? For exam- mala. I know of no other nation which has the special treatment accorded to Harbury can ple, if a bettor in Virginia wins at a New been so forthcoming about improving its be postponed until the peace accord has been York track, will his bookie have to withhold human rights situation absent a peace agree- signed, and all of the victims or casualties of for New York State taxes? ment and in the face of on-going URNG prov- this horrible episode can be accounted for. Thank you for your help and guidance on ocationÐpolice assassinated, numerous We must do what can to encourage a just these questions. Like other Americans, we and lasting peace in Guatemala. This will en- will probably have more as we think through kidnapings. your proposal. As a society, Guatemala still suffers from re- able that government to complete its remark- Sincerely, sidual violence and societal problems which able transition to full democracy, implementing DEWEY CHEATEM, Esq. prolonged conflict and unequitable wealth dis- needed internal reforms necessary to create a f tribution have sustained since colonial times. system of justice that will bring criminals to Nevertheless, as a country, I believe that Gua- justice. PERSONAL EXPLANATION temala has come farther, from a semi-feudal, f conflict-torn and institutionally violent land, TRIBUTE TO IRWIN WEINBERG HON. JOHN J. LaFALCE ruled by the military in the 1970's and 1980's, OF NEW YORK to a strong sustained effort toward democratic IN THE HOUSE OF REPRESENTATIVES status. Against all expectations, Guatemala HON. PAUL E. KANJORSKI OF PENNSYLVANIA Friday, June 16, 1995 has sustained two democratic elections, which included transfers of power between political IN THE HOUSE OF REPRESENTATIVES Mr. LAFALCE. Mr. Speaker, Wednesday, I parties in 1986 and 1990, and elections of a Friday, June 16, 1995 missed several rollcall votes in order to attend my son's graduation ceremony in Buffalo. Had fully empowered, multiparty legislative branch. Mr. KANJORSKI. Mr. Speaker, this summer The largest remaining and unresolved Gua- I been present, I would have voted ``yes'' on Irwin Weinberg of Wilkes-Barre, PA, an inter- temalan problem remains the need for a better Roll Calls 370, 371, 372, 373, 374, 375, and nationally known stamp collector and dealer, is legal and police system. Impunity or corruption 377, and ``no'' on Roll Calls 378 and 379. celebrating 50 years in philately. At one point of the legal branch and untrained and suscep- f in his splendid career he owned the most ex- tible police, has restrained the advancement of pensive stamp in the world, the British Guiana SUPPORT EFFORTS FOR A JUST complete democratic process in Guatemala. one-cent magenta of 1856. He toured the PEACE IN GUATEMALA Yet, in spite of the progress which I have only world to exhibit this stamp and later sold it for been to sketch out for you here, Guatemala a record setting sum. Christies in New York HON. DAN BURTON now faces substantial threats including one regularly asks him to provide stamps for con- OF INDIANA from the United States. signment to enhance certain of their auctions. IN THE HOUSE OF REPRESENTATIVES The source of this extraordinary problem is This is a man who has reached the highest an American woman who has become the Friday, June 16, 1995 level of success in his field. public affairs front for the URNG. Jennifer But it is not his unparalleled success in phi- Mr. BURTON of Indiana. Mr. Speaker, I Harbury, the widow of URNG Commandante lately that I as his Congressman and friend would like to urge the administration and my Bamaca, has blitzed the United States for the would like to celebrate today. It is the philoso- colleagues in Congress to support important URNG against Guatemala and has pilloried it phy of this man that I commend you, the phi- efforts which are underway to establish a just in the court of media opinion, over the torture losophy of this constituent who with his wife, peace in the friendly Central American Repub- and death of her spouse who appears to have Jean, lives in Kingston, PA, a town neighbor- lic of Guatemala. This country has suffered been killed in 1992. Now Harbury and a growing mine. through 34 years of a prolonged terrorist cam- ing chorus of former supporters of the Sandi- In this day when to call oneself a liberal is paign, conducted by elements of the com- nistas, and the El Salvadorean FMLN, are to be under attack from many sides, when munist URNG, which has provoked violent clamoring for a cut off of United States aid. even the term itself is used as an epithet, military responses to its attacks and assas- What makes this implausible situation even Irwin Weinberg is proud to call himself a con- sinations. Approximately 100,000 Guate- worse is the fact that the terrorist URNG constitutional liberal. Since childhood he has been malans have been killed by both sides during trols no territory, has fewer than 500 men interested in liberal causes, especially civil this period. Even a former U.S. Ambassador, under arms, and lives on war taxes extorted rights. I had the honor of taking him as my Gordon Mein, and a number of United States from kidnappings and intercepting local farm- guest to the White House to meet Nelson and other foreign embassy personnel have ers and persons on busses going to market. Mandela, the great liberator of South Africa, a been assassinated by terrorists groups. Harbury has so focussed world opinion on man whom Irwin counts along with Martin Lu- The disappearance of the U.S.S.R., the past violent measures used by the Guate- ther King and Ghandi, as his hero. electoral demise of the Sandinistas and the malan armed forces in the face of terrorist as- As Irwin describes himself, being a constitu- impoverishment of Castro have left the guerril- sault, that the URNG has continued on its vio- tional liberal means coupling the defense of las with little financial support other than Nor- lent course today, with apparent impunity. human rights as understood by President John way and a lame cause which has never com- Mr. Speaker, I hope that you will join me in Kennedy with the conservative strictures of the manded a popular following in Guatemala. calling for the United States to refrain from the Ten Commandments, the Sermon on the The URNG has agreed to negotiations with short-sighted actions called for by those seek- Mount, and the American Constitution. And the Government following its signing of a ing to cut off assistance to Guatemala at this not just understanding and loving these pre- Comprehensive Human Rights Accord in pivotal time in its history. They would have us cepts, but living by the truths and codes of 1994. Considerable progress has been made, break with the Guatemalan armed forces, conduct they demand of us. and Guatemala's respected former Human thereby aligning ourselves with the terrorist To deal in stamps is to traffic in history. Rights Ombudsman, Ramiro Leon Carpio, has URNG in the peace process. The United Each stamp is a distillation of a single, signifi- become the nation's President, with a strong States must assist Guatemala in the develop- cant moment, a freezing of time to mark it for commitment to peace. He has sustained the ment of civilian controlled and staffed alter- mankind. Irwin Weinberg has collected stamps peace talks and signed six agreements with natives to the armed forces for law enforce- since he was 12 years old. When he was 18 the URNG since January 1994. These have ment, and in the reform of a residually corrupt he issued his first weekly price list which he included agreements on the protection of and discredited legal system. These are small still publishes the same way, on an old mime- human rights, the establishment of a historical items in the balance of a 34 year struggle, and ograph machine. He is a sole practitioner, clarification commission to address past of the Guatemalan people's wish for democ- handling each transaction without the aid of a human rights abuses by both sides once the racy and freedom from violence. computer, a copier, a fax machine or even a peace has been finalized, as well as agree- The United States can offer Guatemala in- secretary. In this business he is respected ments to protect Guatemala's Indian people, valuable and inexpensive assistance and con- throughout the world. Not unlike the delicate refugees and other displaced persons who structive criticism, but the media driven oppo- stamps themselves, Irwin Weinberg has main- have been victims of this bloody and pro- sition to needed democratization-related aid, tained the integrity of the moment. It is an tracted conflict. and demonization of the country and of its honor for me to celebrate him. E 1282 CONGRESSIONAL RECORD — Extensions of Remarks June 16, 1995 TRIBUTE TO RICK DIAZ of the success of his children; by the most ners in this program used creative financing CHANTENGCO supportive and loving wife he will always approaches to help assure long-term afford- have, and by the many friends’ lives he has ability while providing financial incentives for enriched by his helping hand and his caring HON. BOB FILNER smile. the new home buyers to remain in the com- OF CALIFORNIA munity. f IN THE HOUSE OF REPRESENTATIVES Wachovia provided essential leadership to Friday, June 16, 1995 WACHOVIA BANK OF GEORGIA NHS for establishing the organizational capac- WINS AWARD ity to undertake such a complex and resource- Mr. FILNER. Mr. Speaker and colleagues, I intensive venture. By pioneering mortgage rise today to honor a great friend, veteran, HON. JACK KINGSTON programs for lower income buyers, providing business entrepreneur, and civic leader who revolving lines of credit essential for property passed away on June 2, 1995ÐRick Diaz OF GEORGIA IN THE HOUSE OF REPRESENTATIVES acquisition, and financing the rehabilitation of Chantengco. the properties following purchase, the bank Friday, June 16, 1995 Rick was a living proof of just how fine a played a key role in this housing program. The person can be! His life exemplified kindness Mr. KINGSTON. Mr. Speaker, I would like to city of Savannah and Wachovia should be and inspired emulation. His untimely departure take this time to congratulate the Wachovia congratulated for their partnership which not brought emptiness to places which he filled Bank of Georgia, N.A., Savannah, for their re- only helps the city itself but can also serve as with energy and enthusiasm in the Filipino- cent receipt of the Outstanding Community In- a national model for urban renewal coopera- American community. vestment Award. Wachovia Bank of Savannah tion between cities and private business. The In 1957, Rick enlisted in the submarine and the Neighborhood Housing Services of Outstanding Community Service Award recog- force of the U.S. Navy in which he served dur- Savannah Inc. [NHS], are one of six partner- nizes their many achievements. ing the Bay of Pigs Conflict, Cuban Missile ships to receive this prestigious award from I would once again like to congratulate the Crisis, and Vietnam war. In 1969, he was a the Social Compact, an organization which individuals involved in this program. It is an Chief Petty Officer when he received an hon- fosters cooperation between financial institu- honor and a privilege to represent them. orable medical discharge. tions and American neighborhoods. They are Rick graduated from San Diego City College f being recognized for their joint efforts in pio- with a Bachelors Degree in Business and Real neering a model strategy for transforming va- TRIBUTE TO DR. ARTHUR S. Estate Law in 1969. Armed with his military cant, abandoned properties into quality single- FLEMMING, FORMER SECRETARY experience and knowledge in real estate busi- family homes for first-time homeowners and, OF HEALTH, EDUCATION AND ness, he founded Chantengco Realty, serving in the process, infusing vulnerable neighbor- WELFARE as president and broker. He also was the hoods with the strength of new stakeholders. board chairman of the Pacific Rim Century, a Wachovia Bank of Georgia and NHS of Sa- HON. JERROLD NADLER hotel real estate investment corporation. vannah began their partnership in 1993. Their Rick used his expertise to help the commu- OF NEW YORK pioneer program, the NHS Home Auction, rep- nity in which he lived. He assisted in the pur- IN THE HOUSE OF REPRESENTATIVES resented the first time in the Nation that a city chase of a permanent building for the Union of government, in partnership with a neighbor- Friday, June 16, 1995 Pan Asian Communities, the largest social hood-based organization and local financial in- Mr. NADLER. Mr. Speaker, I rise to pay trib- service agency in San Diego County. He was stitutions, conducted an affordable housing ute to Dr. Arthur S. Flemming, former Sec- the founder and charter member of the Fili- auction of dilapidated, city-owned properties retary of Health, Education and Welfare, as pino-American Democratic Club of San Diego for sale to first-time home buyers. The 1993 well as former Commissioner on Aging, on the County, the first such Filipino club in Califor- auction resulted in the rehabilitation and sale occasion of his receiving an award of distinc- nia. He organized and chaired fund-raising of 31 homes to lower income buyers, rep- tion from the Joint Public Affairs Committee for campaigns for numerous candidates for politi- resenting an investment of $1.5 million in the Older Adults [JPAC], a social action coalition cal offices. community. The 1994 auction sold 52 homes of older adult representatives from over 120 We all come across a small number of spe- valued at $3.8 million. senior centers and community groups through- cial people, those who touch our minds, This achievement represents innovation in out metropolitan New York. hearts, and souls with their optimism and dedi- urban renewal for both the city of Savannah Arthur Flemming served as Secretary of the cation to making everyone's life richer. Rick and the Nation as a whole. Many American Department of Health, Education and Welfare was one of those chosen few who won the re- cities suffer both socially and economically in the late 1950's. His critical role in the adop- spect and admiration of his family, friends, and from problems caused by aging inner-city tion of the Medicare Program began in the community for his unwavering commitment to housing. For years, city leaders and urban early 1960's, with his chairmanship of a spe- hard work, community involvement, and a sin- planners have searched for ways to turn these cial commission that offered proposals for a cere belief that one person can make a dif- houses into assets rather than liabilities. national program to meet the health needs of ference. This world needs more people like Wachovia Bank and NHS of Savannah have older Americans. Rick Diaz Chantengco, who will be sorely done just that by transforming formerly vacant The 1971 White House Conference on missed. Aging, with Arthur Flemming as its chairman, My thoughts and prayers go out to his wife, and dilapidated properties into quality homes adopted significant recommendations later Tess, and his children, J.R., Jacqueline, and which are securingÐrather than threateningÐ adopted into law, including the establishment Jeanne. the surrounding homes. The new stakeholders According to Rick's son, J.R. de Jesus and increased investment is infusing fragile of the Supplemental Security Income Program Chantengco, he wanted to be remembered in Savannah neighborhoods with a new lease on [SSI], support to build housing specifically de- the following way: life. For the first time, these neighborhoods signed for the elderly, and nursing home re- As a father, one you can always look up to are being viewed as neighborhoods of choice, form. He served as Commissioner on Aging and rely on. He must lead a very full and and they are growing as economically diverse from 1973 until 1978. Arthur Flemming's com- God-fearing life. He must set a good example and viable areas. mitment to public service included his role as to his wife, his children, and his friends. These victories would not have been pos- chairman of the U.S. Civil Rights Commission. As a friend, one who never asks for acco- sible without this partnership approach which In the 1980's Arthur Flemming again lades but through his actions, many people maximized the strengths of each partner. By showed his extraordinary leadership as co- will respect him. joining forces, the city, NHS, and Wachovia As a business colleague, one who was chairman of Save Our Social Security [SOS], charged with authority and the highest ethi- were able to stretch limited public sector re- a coalition of 120 national groups devoted to cal standards. sources while maximizing opportunities for pri- stave off threatened cuts in Medicare and So- As a professional, one who has always vate sector involvement. A key challenge to cial Security. He continues to be a forceful strived to be the best and whose business any urban renewal program is financing the voice in efforts to achieve a program of afford- motto is Service is Our Business. very costly process of either replacing or ren- able and accessible health care for all Ameri- And as a person, one who continually ovating aged housing. The combined rehabili- cans. helped others unselfishly, strived for social and political justice, and did them with tation and purchase costs significantly exceed Generations to come will remember Arthur much enthusiasm. neighborhood market values, conventional S. Flemming as someone who has always He wants to be remembered as the man loan terms, and the mortgage carrying capac- spoken out with courage, has translated his who measures his success by how proud he is ity of the lower income borrowers. The part- values into action. In so doing he has made a June 16, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1283 difference in the lives of millions of people due to budget constraints. I hope that the Born and raised in Parkersburg, WV, he grad- across this country. His energy and ideas con- Army puts as much effort into developing uated from Marietta College in Marietta, OH tinue to inspire many to join in the quest for plans to meet the construction needs of ar- and entered the field of organization manage- a more just society. Mr. Speaker, I ask my col- mories at National Guard units as they do in ment in 1955. He began his professional ca- leagues in the House of Representatives to pursuing funding for the museum. reer with the Benton Harbor-Saint Joseph's join with me in paying tribute to Arthur S. Therefore, before the Army begins construc- Chamber of Commerce in Michigan, and man- Flemming. tion of their museum, I challenge them to aged chambers in Oshkosh, WI and Spring- f present a plan to Congress for how they are field, MO before settling in Elgin, IL. going to meet the need to construct National Mr. Speaker, Mr. Kelly has been a valued NATIONAL DEFENSE AUTHORIZA- Guard armories. The plan that I am requesting member of the Elgin community for years, and TION ACT FOR FISCAL YEAR 1996 will outline how the Army plans to fit this fund- his list of civic and professional activities is a ing in their budget requests in the tight fiscal long one. A former director of the YMCA Cor- SPEECH OF environment they face. With the decision in porate Board, Miss Illinois Scholarship Pag- HON. ROBERT A. UNDERWOOD Congress to reject any Member add-ons for eant, and Elgin Sesquicentennial Committee, he is also a past president of the Rotary Club OF GUAM armories that are not requested by the Army, it is now time for the Army to rethink their of Elgin. To this day he serves as a member IN THE HOUSE OF REPRESENTATIVES budgets and request funds for armories in of the American Chamber of Commerce Ex- Thursday, June 15, 1995 next year's budget. I look forward to working ecutives, as an ex officio member of the Cen- The House in Committee of the Whole with Secretary of the Army Togo West and As- ter City Development Corp. and as a trustee House on the State of the Union had under sistant Secretary for Installations, Logistics of the Northwest Suburban Mass Transit Dis- consideration the bill (H.R. 1530) to authorize and Environment Robert Michael Walker in the trict. appropriations for fiscal year 1996 for mili- next year on this funding request. Mr. Speaker, I ask you and my colleagues tary activities of the Department of Defense, I also want to note my support for an to join me in honoring this dedicated man, for to prescribe military personnel strengths for amendment that was proposed by Represent- his commitment to this Nation's businesses fiscal year 1996, and for other purposes: ative RONALD DELLUMS. This amendment ear- and to the Elgin community. I wish my friend Mr. UNDERWOOD. Mr. Chairman, I rise marked $61 million, of the $10.7 billion pro- the best in his retirement. His experience and today to speak to a number of issues related vided in the bill for defensewide operation and dedication have served the people of Elgin to the fiscal year 1996 DoD authorization bill. maintenance activities, for the Defense De- well. First, I want to thank Chairman SPENCE, partment's Office of Economic Adjustment. f HEFLEY, DORNAN, BATEMAN, WELDON, and The Dellums proposal would ensure that the THE FEDERAL COMMUNICATIONS HUNTER for their work with me on issues of Office of Economic Adjustment continues to particular interest to Guam in the committee. I COMMISSION AUTHORIZATION have the tools to assist communities where ACT OF 1995 also appreciate the efforts of the ranking military bases are being closed. As my con- member RONALD DELLUMS for his work with stituents in Guam can testify, the functions of me on my priorities in the committee, and the the Office of Economic Adjustment are critical HON. JACK FIELDS hard work of the staff of the National Security to the ability of local communities to reuse OF TEXAS IN THE HOUSE OF REPRESENTATIVES Committee. bases which are closing. Without assistance, I am pleased that the committee helped to local reuse committees will be left without the Friday, June 16, 1995 ensure that seven out of eight of my priorities ability to convert these facilities quickly into Mr. FIELDS of Texas. Mr. Speaker, today I were included either in legislative or report productive use. join with my colleague from Massachusetts, language. As a result of legislative language I commend Ranking Member DELLUMS for Mr. MARKEY, the ranking minority member of put in the bill at my request, the Common- raising this issue and for his leadership to se- the Subcommittee on Telecommunications wealth of the Northern Marianas will now be cure funding for reuse at closed bases. I am and Finance, in introducing the Federal Com- afforded a nomination for the military service hopeful that, in the environment of downsizing munications Commission Authorization Act of academies and Guam will be included in the and budget cuts, Congress will not forget the 1995. The bill authorizes appropriations in the definition of the United States for the purposes obstacles and challenges that local commu- amount of $186 million for the FCC for 1 year of repairs on Navy homeported ships. I am nities face in developing reuse plans for only, fiscal year 1996. That figure is the same also pleased that the committee included re- closed military facilities. With the leadership of as the House authorized last year. port language on the Naval Hospital-Guam, Congressman DELLUMS, I have no doubt that These are exciting times in the world of tele- the Guam Air National Guard, the Piti Power the problems faced by local reuse committees communications. We are seeing new tech- Plant and the placement of the Navy SEAL fa- will remain on Congress's agenda. nologies, and the convergance and blurring of cilities. Again, I want to thank Chairman SPENCE, traditionally distinct businesses. We are also The only item that the committee did not in- Ranking Member DELLUMS and each of the seeing new alliances being formed as we clude was funding for an armory for the Guam subcommittee chairman for their willingness to begin to build the information superhighway. National Guard. I understand the constraints work with me on issues of particular impor- The House will soon be considering a major under which Chairman HEFLEY was operating, tance to Guam. I look forward to continuing telecommunications reform bill which brings and hope that the message he was trying to this close working relationship next year as we the 60-year-old communications statute up to send to the Army resonates within the Depart- follow through on the commitments made in date to reflect the dramatic changes in tele- ment. Next year, perhaps the Army will include this year's bill. communications. The Subcommittee on Tele- a request for construction of an armory in f communications and Finance will be holding Guam in their budget. comprehensive hearings in the near future to The National Guard on Guam is the only TRIBUTE TO M. EDWARD KELLY consider the reduced role that the FCC will guard unit in the United States that does not play in a competitive marketplace. That en- have an armory, which seriously hampers their HON. J. DENNIS HASTERT deavor will be a challenge as well. In the ability to complete their mission. Within the OF ILLINOIS meantime, however, we must authorize appro- last few years, Guam has experienced over a IN THE HOUSE OF REPRESENTATIVES priations for the FCC so that it can fulfill its ob- hundred typhoons, tropical storms, and sev- ligation as Congress intended. eral earthquakes, including one measuring 8.2 Friday, June 16, 1995 The bill is substantially the same as legisla- on the Richter scale. The Guam National Mr. HASTERT. Mr. Speaker, I rise today to tion ordered reported by the Committee on Guard is under more demand for their serv- honor an outstanding civic leader of Illinois' Energy and Commerce last year and ap- ices than most other Guard units in the States, 14th Congressional District, M. Edward Kelly, proved by the House. Unfortunately, the other but, without an armory, they simply cannot on his forthcoming retirement. body failed to act so we must again consider adequately respond to these natural disasters. Ed Kelly has served since December 1976 these proposals. Many of my colleagues have spoken about as the executive vice president of the Elgin The bill includes a number of provisions that priorities in this bill and the need to support Area Chamber of Commerce. The list of ac- should allow the Commission to operate more the readiness of our troops. The proposed complishments during his long career are efficiently, reduce regulatory burdens on in- Army Museum, which would require $15 mil- many, and there are many States across this dustry, save agency resources, and privatize lion for land purchases, has attracted attention Nation that are better for his service there. certain of the Commission's responsibilities. E 1284 CONGRESSIONAL RECORD — Extensions of Remarks June 16, 1995 The bill also provides that a substantial por- roll of $4.5 million annually. Their success has say we should abandon the basic principles of tion of the appropriated funds may be raised been Fremont's success. the United Nation, but this bill would make the from application and user fees. It establishes Mr. Speaker, I ask my colleagues to join me United Nation more accountable for its pro- procedures for tighter budget planning so that today in recognizing the achievements of the grams and practices. By extending current authorizing committees will have adequate staff and management of Crescent Manufac- law, H.R. 1561 ensures that the United States time to review future proposed increases or turing Co. and encourage them to continue to maintains a voice in the U.N. budget process adjustments to fee schedules. uphold what has become the standard of ex- by allowing the President to withhold up to 20 In addition, this legislation allows the Com- cellence in Ohio. percent of appropriated funds for the United mission to waive individual licensing require- f Nation if it fails to effect consensus-based de- ments for maritime radio services. This provi- cisions. The bill will also give greater authority sion should relieve boat owners from the bur- STATEMENT OF H.R. 1561, THE to the inspector general [IG] of the United Na- den of unnecessary fees. The bill also pro- AMERICAN OVERSEAS INTER- tion. H.R. 1561 withholds 20 percent of the vides for more efficient and flexible inspection ESTS ACT U.N. budget and 50 percent of the peacekeep- of ship radio equipment. ing budget until the President certifies that the Among other things, the legislation clarifies HON. JACK REED United Nation has increased the powers of the the Commission's authority to reject tariffs and OF RHODE ISLAND IG, and has given the IG access and sufficient its authority to order refunds resulting from IN THE HOUSE OF REPRESENTATIVES resources to conduct investigations and pro- carrier rule violations. It also adjusts the stat- tect the identity of whistleblowers. Friday, June 16, 1995 ute of limitations for forfeiture proceedings Having witnessed firsthand peacekeeping against common carriers to conform with the Mr. REED. Mr. Speaker, during the week of operations in Somalia, Bosnia-Herzegovina, Commission's accounting procedures. This June 12, the House of Representatives con- and Haiti, I believe we must reevaluate the po- provision reflects an agreement worked out sidered H.R. 1561, the American Overseas In- sition of the United States within the United between the FCC and the telephone industry. terests Act. Although this bill is not perfect, I Nations, and define the role in which the Unit- In addition, the bill authorizes the Commission voted in favor of this legislation because it in- ed States can best serve not only the interests to use outside consultants. This provision cludes several important provisions which I of the United Nations but also those of the would save the FCC permanent staffing re- have historically supported. American people. sources by allowing it to offer competitive HUMANITARIAN ASSISTANCE EAST TIMOR compensation to temporary, outside experts H.R. 1561 included language from the Hu- There are provisions in this bill which I do and consultants. manitarian Aid Corridor Act which restricts not support. H.R. 1561 authorizes the resump- This bill was developed with bipartisan sup- U.S. aid to any country that prohibits or re- tion of International Military and Education port and reflects a number of proposals sup- stricts the transport or delivery of U.S. humani- Training [IMET] for Indonesia. The IMET Pro- ported by the Federal Communications Com- tarian assistance to other countries. I strongly gram was eliminated for Indonesia in 1992 mission. I urge my colleagues to support it as believe that we should not allow humanitarian due to flagrant human rights abuses by the it proceeds through the legislative process. assistance to be used as a political weapon military in East Timor. This bill authorizes f while innocent victims are deprived of food, funding for this program, yet there has been fuel, and medical supplies. TRIBUTE TO CRESCENT no significant improvement in cases of human STREAMLINING GOVERNMENT MANUFACTURING COMPANY rights violations. I had planned to introduce an The consolidation of USAID, ACDA, and amendment to H.R. 1561 which would have USIA into the State Department in H.R. 1561 eliminated the authorization of United States HON. PAUL E. GILLMOR was one of the most contentious issues during funding for military training in Indonesia. This OF OHIO debate. While I support the work of these issue is not about the efficacy of American IN THE HOUSE OF REPRESENTATIVES agencies, I also believe that we must remain military training and the value of exposing for- Friday, June 16, 1995 committed to streamlining government. Sec- eign military personnel to the professional and retary of State Christopher proposed a similar Mr. GILLMOR. Mr. Speaker, it gives me ethical standard of the American Armed Serv- consolidation earlier this year. The Department great pleasure to rise today and pay tribute to ices. Rather, it is whether we will ignore con- of Defense is now more efficient and produc- an out-standing company in Fremont, OH. tinuous human rights abuses and use our dol- tive due in part to the consolidation. Cresent Manufacturing Co. was founded in lars to pay for this training. I supported Representative ACKERMAN'S 1898 as a disposable blade manufacturer and Unfortunately, time constraints prevented amendment which would have required the has operated continuously in Fremont since me from bringing my amendment to the floor. Congressional Budget Office and the Office of that time. I believe that American taxpayers should not Management and Budget to conduct a cost- The firm makes 1.5 million steel blades a be asked to pay for this. We should not toler- benefit analysis prior to the implementation of day for use in the medical, industrial, and ate human rights abuses by the military in this bill. Regrettably, this failed. Congress has other specialty fields. In March 1995, the own- East Timor and I will continue to work in the been considering cutbacks and elimination of ers of the company were nominated for Entre- appropriations process to help the people of virtually every Federal agency, and, as such, preneur of the Year. This honor recognizes East Timor. none should be immune from efforts to reduce the tremendous effort performed by the man- BOSNIA Government spending. agement and staff of Crescent in bringing their I voted against lifting the arms embargo company through a chapter 11 bankruptcy COMMITMENT TO ISRAEL AND EGYPT against Bosnia-Herzegovina because I believe process. Their story reflects the spirit of enter- H.R. 1561 also recognizes the United it would have a detrimental effect in the ab- prise that has made our Nation strong. States' ongoing commitments to Egypt and Is- sence of a larger, more coherent strategy. Al- After taking over the company in 1990, the rael and maintains critical funding for the Mid- though the intent is to strengthen the Bosnian directors decided the debt which Crescent dle East. As our steadfast ally in the Middle Moslems' position in the field, I am concerned owed was too big and filed for protection East, Israel has served as a leader in the ef- that if the embargo is lifted, a large scale of- under chapter 11. The very next day after ob- forts to bring stability to the region. We are fensive would be initiated by the Bosnian taining controlling interest in the stock, sending a strong message of support to this Serbs against highly populated urban centers. changes were made. Costs were cut, cus- region, but we are also acting in our own na- The health and safety of civilians, as well as tomers were brought on-line, employees as- tional self-interest to support a strong and U.N. peacekeeping forces, would be put in sisted in productivity enhancements and the democratic Israel. This region was once con- greater risk. company operated successfully through the sidered to have the potential to initiate a major Ending the arms embargo could also force bankruptcy process. The company exited world war. Today, we are witnessing the de- the evacuation of U.N. forces. Both the admin- chapter 11 on June 19, 1991, just thirteen velopment of a lasting peace. To withdraw our istration and the House Republican leadership months after filing for its protection. moral and practical support at this point in the have stated that this would require a commit- Loyalty from customers, suppliers, and in peace process would preempt what we have ment of U.S. troops. I believe we need to pur- particular, employees got Crescent through accomplished thus far. sue a more comprehensive strategy to ad- tough times. In every year since, sales have THE U.S. ROLE IN THE UNITED NATIONS dress the situation in Bosnia and reach a ne- increased reaching $10.1 million in 1995. H.R. 1561 also attempts to redefine our Na- gotiated and enduring peace. Implementing Crescent employs 150 people and has a pay- tion role in the United Nations. This is not to only one aspect of an inherently complicated June 16, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1285 plan will only result in further suffering of the amendments to increase funding for the De- CONCLUSION Bosnian people. velopment Fund for Africa by $173 million and I anticipate many changes to this legislation AFRICA AND LATIN AMERICAN to increase assistance to Latin America and as it progresses to the conference report. I Finally, I hope two issues will be addressed the Caribbean by $9 million. While both hope that the conference report represents a during the appropriations process as well as amendments failed, an engaged debate continuing commitment by the United States to when the Senate considers its version of the brought to light the concerns over drastic cuts play a leadership role in the world while rec- reauthorization. H.R. 1561 cut assistance to to these regions which are certain to be ad- ognizing the profound changes in the world Africa and Latin America far below the admin- dressed again during the appropriations proc- and the many demands, both at home and istration's request. I voted in favor of two ess. abroad, on our resources. Friday, June 16, 1995 Daily Digest Senate Adjournment: Senate convened at 10 a.m., and ad- Chamber Action journed at 2:09 p.m., until 12 noon, on Monday, Routine Proceedings, pages S8525–S8596 June 19, 1995. (For Senate’s program, see the re- Measures Introduced: Nine bills were introduced, marks of the Acting Majority Leader in today’s as follows: S. 934–942. Page S8550 RECORD on pages S8595–96.) National Highway System Designation Act: Sen- ate began consideration of S. 440, to amend title 23, Committee Meetings United States Code, to provide for the designation of the National Highway System, with a modified com- (Committees not listed did not meet) mittee amendment in the nature of a substitute. Pages S8531±41, S8544±50 RAIL ASSISTANCE A unanimous-consent agreement was reached pro- Committee on Commerce, Science, and Transportation: Sub- viding for further consideration of the bill on Mon- committee on Surface Transportation and Merchant day, June 19, 1995. Page S8595 Marine concluded hearings on S. 920, authorizing Subsequently, the scheduled cloture vote to occur funds for fiscal year 1996 for rebuilding and improv- at 3 p.m. on Monday, June 19, was vitiated. ing the rail lines serving smaller cities and rural Page S8544 areas, and to discuss the future of the National Rail- Regulatory Transition Act: Senate disagreed to the road Passenger Corporation (Amtrak), after receiving amendment of the House to S. 219, to ensure econ- testimony from Mortimer L. Downey, Deputy Sec- omy and efficiency of Federal Government operations retary of Transportation; Thomas Downs, President by establishing a moratorium on regulatory rule- and Chairman, National Railroad Passenger Corpora- making actions, requested a conference with the tion (Amtrak); South Dakota Deputy Secretary of House thereon, and the Chair was authorized to ap- Transportation Dean Schofield, Pierre; Mayor John point the following conferees: Senators Nickles, Ste- Robert Smith, Meridian, Mississippi, on behalf of vens, Thompson, Grassley, Glenn, Levin, and Reid. the Amtrak Regional Forum Workshop; and Edwin Pages S8594±95 L. Harper, Association of American Railroads, Wil- liam E. Loftus, American Short Line Railroad Asso- Statements on Introduced Bills: Pages S8550±64 ciation, Peter Gilbertson, Regional Railroads of Additional Cosponsors: Page S8564 America, Craig Lentzsch, Greyhound, Inc., on behalf Notices of Hearings: Page S8564 of the American Bus Association, and Sonny Hall, Safe Transit and Rail Transportation (START), on Authority for Committees: Page S8564 behalf of the Transport Workers Union, all of Wash- Additional Statements: Pages S8564±70 ington, D.C. h House of Representatives Reports Filed: Reports were filed as follows: Chamber Action H. Res. 168, amending clause 4 of rule XIII of Bills Introduced: Seventeen public bills, H.R. the Rules of the House to abolish the Consent Cal- 1869–1885; one private bill, H.R. 1886; and two endar and to establish in its place a Corrections Cal- resolutions, H.J. Res. 95–96, were introduced. endar (H. Rept. 104–144); and Pages H6082±83 H.R. 1812, to amend the Internal Revenue Code of 1986 to revise the income, estate, and gift tax D 745 D 746 CONGRESSIONAL RECORD — DAILY DIGEST June 16, 1995 rules applicable to individuals who lose United COMPREHENSIVE ANTITERRORISM ACT States citizenship, amended (H. Rept. 104–145). Committee on the Judiciary: Continued markup of H.R. Page H6082 1710, Comprehensive Antiterrorism Act of 1995. Speaker Pro Tempore: Read a letter from the Will continue June 20. Speaker wherein he designates Representative Burton f of Indiana to act as Speaker pro tempore for today. Page H6047 CONGRESSIONAL PROGRAM AHEAD Committees To Sit: The following committees and their subcommittees received permission to sit today Week of June 19 through 24, 1995 during proceedings of the House under the 5-minute rule: Committees on Commerce and Economic and Senate Chamber Educational Opportunities. Page H6049 On Monday, Senate will resume consideration of S. Military Construction Appropriations: House 440, National Highway System Designation Act. completed all general debate on H.R. 1817, making During the balance of the week, Senate expects to appropriations for military construction, family hous- complete consideration of S. 440, National Highway ing, and base realignment and closure for the De- System Designation Act, and may consider the fol- partment of Defense for the fiscal year ending Sep- lowing: tember 30, 1996; but came to no resolution thereon. S. 343, Regulatory Reform; Consideration of amendments will resume on Tues- H.R. 4, Welfare Reform; and day, June 20. Pages H6056±73 Conference report, when available, and any cleared Agreed to the Herger amendment that reduces legislative and executive business. Army military construction appropriations by $14 (Senate will recess on Tuesday, June 20, 1995, from 12:30 million (agreed to by a recorded vote 261 ayes to p.m. until 2:15 p.m., for respective party conferences.) 137 noes, Roll No. 388). Pages H6065±72 H. Res. 167. the rule under which the bill is Senate Committees being considered, was agreed to earlier by a recorded (Committee meetings are open unless otherwise indicated) vote of 245 ayes to 155 noes, Roll No. 387. Agreed Committee on Appropriations: June 20, Subcommittee on to order the previous question on the rule by a yea- Defense, to hold hearings on proposed budget estimates and-nay vote of 223 yeas to 180 nays, Roll No. 386. for fiscal year 1996 for the Department of Defense, focus- Pages H6049±56 ing on counternarcotic programs, 2:30 p.m., SD–192. Legislative Program: The majority leader an- Committee on Banking, Housing, and Urban Affairs: June 20, to hold oversight hearings on the activities of the nounced the legislative program for the week of June Resolution Trust Corporation, 10 a.m., SD–538. 19. Agreed to adjourn from Friday to Monday. Committee on Energy and Natural Resources: June 22, Sub- Pages H6073±74 committee on Forests and Public Land Management, to Calendar Wednesday: Agreed to dispense with Cal- hold hearings on S. 852, to provide for uniform manage- endar Wednesday business of June 21. Page H6074 ment of livestock grazing on Federal land, 9:30 a.m., SD–366. Senate Messages: Messages received from the Senate Committee on Environment and Public Works: June 22, today appear on page H6047. Drinking Water, Fisheries, and Wildlife, to hold over- Quorum Calls—Votes: One yea-and-nay vote and sight hearings on the National Marine Fisheries Service two recorded votes developed during the proceedings policy on spills at Columbia River hydropower dams, gas of the House today and appear on pages H6055, bubble trauma in endangered salmon, and the scientific H6055–56, and H6072. There were no quorum method used under the Endangered Species Act which calls. gave rise to that policy, 10 a.m., SD–406. Committee on Finance: June 19, Subcommittee on Tax- Adjournment: Met at 10 a.m. and adjourned at ation and IRS Oversight, to hold hearings on tax propos- 3:06 p.m. als for S corporations and for the home office deduction, 2 p.m., SD–215. June 20, Subcommittee on Social Security and Family Committee Meetings Policy, to resume hearings to examine the financial and FINANCIAL SERVICES COMPETITIVENESS business practices of the American Association of Retired ACT Persons (AARP), 10 a.m., SD–215. Committee on Foreign Relations: June 20, business meet- Committee on Commerce: Ordered reported amended ing, to consider S. Res. 97, expressing the sense of the without recommendation H.R. 1062, Financial Serv- Senate with respect to peace and stability in the South ices Competitiveness Act of 1995. China Sea, and pending nominations, 11 a.m., SD–419. June 16, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 747 June 20, Full Committee, to hold hearings on the House Committees nominations of David C. Litts, of Florida, to be Ambas- sador to the United Arab Emirates, Patrick N. Theros, of Committee on Agriculture, June 20, to mark up H.R. the District of Columbia, to be Ambassador to the State 1627, Food Quality Protection Act of 1995, 2 p.m., of Qatar, and A. Peter Burleigh, of California, to be Am- 1300 Longworth. June 21, Subcommittee on Department Operations, bassador to the Democratic Socialist Republic of Sri Nutrition, and Foreign Agriculture, hearing on P.L. Lanka and to serve concurrently and without additional 480—Food for Peace, 10 a.m., 1302 Longworth. compensation as Ambassador to the Republic of Maldives, June 21, Subcommittee on Risk Management and Spe- 2 p.m., SD–419. cialty Crops, to mark up H.R. 1103, Amendments to the Committee on Governmental Affairs: June 19, Subcommit- Perishable Agricultural Commodities Act, 1930, 10 a.m., tee on Post Office and Civil Service, to resume hearings 1300 Longworth. on proposals to reform the Federal pension system, 2 Committee on Appropriations, June 20, to mark up the p.m., SD–342. Energy and Water Development appropriations for fiscal June 21, Full Committee, to hold hearings to abolish year 1996, 1 p.m., 2360 Rayburn. the Department of Commerce, 10 a.m., SD–342. June 20, Subcommittee on Interior, to mark up fiscal Committee on the Judiciary: June 22, business meeting, year 1996 appropriations, 9 a.m., B–308 Rayburn. to consider pending calendar business, 10 a.m., SD–226. June 21, Subcommittee on the District of Columbia, Committee on Labor and Human Resources: June 20, Sub- on D.C. Finances, 10 a.m., H–144 Capitol. committee on Education, Arts and Humanities, to hold June 21, Subcommittee on Transportation, to mark up hearings on the privitization of the Sallie Mae program, fiscal year 1996 appropriations, 10 a.m., 2358 Rayburn. 9:30 a.m., SD–430. Committee on Banking and Financial Services, June 19 and June 21, Full Committee, business meeting, to con- 20, Subcommittee on General Oversight and Investiga- sider pending calendar business, 9 a.m., SD–430. tions, oversight hearings concerning the performance of June 21 and 22, Full Committee, to hold oversight the RTC’s Professional Liability Program, with emphasis hearings on the Occupational Safety and Health Adminis- upon the Dallas, Texas, regional office, 12 p.m., on June tration (OSHA), 9:30 a.m., SD–430. 19 and 10 a.m., on June 20, 2128 Rayburn. June 23, Full Committee, to hold hearings to examine June 21 and 22, full Committee, to mark up H.R. issues relating to the Legal Services Corporation, 9:30 1362, Financial Institutions Regulatory Relief Act of a.m., SD–430. 1995, 10 a.m., 2128 Rayburn. Committee on Indian Affairs: June 22, to hold joint hear- Committee on Commerce, June 19, Subcommittee on ings with the House Committee on Resources Sub- Oversight and Investigations, to continue hearings to ex- committee on Native American and Insular Affairs on S. amine the FDA’s drug and biologic review process, 2 487, to amend the Indian Gaming Regulatory Act, 9:30 p.m., 2322 Rayburn. a.m., SD–G50. June 19, Subcommittee on Telecommunications and Select Committee on Intelligence: June 21, to hold hearings Finance, hearing to reauthorize the Federal Communica- to review the progress of the activities of the Director of tions Commission, 2 p.m., 2123 Rayburn. Central Intelligence, 2 p.m., SD–106. June 20 and 22, Subcommittee on Commerce, Trade and Hazardous Materials, to continue hearings on the re- House Chamber authorization of Superfund program, 9:30 a.m., on June Monday, No legislative business is scheduled. 20, and 10 a.m., on June 22, 2123 Rayburn. Tuesday, Consideration of H. Res. , providing June 21, Subcommittee on Energy and Power, hearing for the consideration of H.R. 1854, Legislative on the Reorganization of the Department of Energy, 9 Branch Appropriations; a.m., 2322 Rayburn. Consideration of H. Res. 168, providing for Cor- June 21 and 22, Subcommittee on Health and Envi- ronment, to continue hearings on the Transformation of rections Day; the Medicaid Program, 10 a.m., 2123 Rayburn on June Complete consideration of H.R. 1817, Military 21 and 2322 Rayburn on June 22. Construction Appropriations; and Committee on Economic and Educational Opportunities, June Begin consideration of H.R. 1854, Legislative 20, Subcommittee on Early Childhood, Youth and Fami- Branch Appropriations. lies, hearing on the Individuals with Disabilities Edu- Wednesday, Complete consideration of H.R. 1854, cation Act (IDEA), 10 a.m., 2175 Rayburn. Legislative Branch Appropriations; and June 20, Subcommittee on Workforce Protection, hear- Consideration of H.R. 1868, Foreign Operations ing on the Occupational Safety and Health Act (OSHA) Appropriations. Reform, 9:30 a.m., 2261 Rayburn. Thursday, Consideration of H.R. , Energy and June 21, Subcommittee on Early Childhood, Youth Water Appropriations. and Families, hearing on Education Reform, 9:30 a.m., 2175 Rayburn. Friday, No legislative business is scheduled. June 21, Subcommittee on Employer-Employee Rela- NOTE.—Conference reports may be brought up at tions, hearing on the Office of Federal Contract Compli- any time. Any further program will be announced ance Programs (OFCCP) Executive Order 11246, 9:30 later. a.m., 2261 Rayburn. D 748 CONGRESSIONAL RECORD — DAILY DIGEST June 16, 1995

June 22, full Committee, to mark up the following State land management vs. Federal land management, 10 bills: H.R. 743, Teamwork for Employees and Managers a.m., 1324 Longworth. Act; and H.R. 1715, respecting the relationship between June 22, Subcommittee on Energy and Mineral Re- workers’ compensation benefits and the benefits available sources, to mark up H.R. 699, to amend the Mineral under the Migrant and Seasonal Agricultural Worker Pro- Leasing Act to provide for a royalty payment for heavy tection Act, 9:30 a.m., 2175 Rayburn. crude oil produced from the public lands which is based Committee on Government Reform and Oversight, June 20, on the degree of API gravity, followed by a hearing on Subcommittee on Government Management, Information the following bills: H.R. 846, Helium Act of 1995; H.R. and Technology, hearing on Performance, Measurement, 873, Helium Privatization Act of 1995; and S. 898, to Benchmarking and Re-engineering, 2 p.m., 2154 Ray- amend the Helium Act to cease operation of the govern- burn. ment helium refinery, authorize facility and crude helium June 20, Subcommittee on Postal Service, to mark up disposal, and cancel the helium debt, 2 p.m., 1324 Long- the following bills: H.R. 1026, to designate the U.S. Post worth. Office building located at 201 East Pikes Peak Avenue June 22, Subcommittee on Fisheries, Wildlife and in Colorado Springs, CO, as the ‘‘Winfield Scott Stratton Oceans, oversight hearing to examine provisions of the Post Office’’; H.R. 1606, to designate the U.S. Post Of- International Dolphin Conservation Act (P.L. 102–523), fice building located at 24 Corliss Street, Providence, RI, 2 p.m., 1334 Longworth. as the ‘‘Harry Kizirian Post Office Building’’; and H.R. Committee on Rules, June 19, to consider H.R. 1854, 1826, to repeal the authorization of transitional appro- making appropriations for the Legislative Branch for the priations for the U.S. Postal Service, 10 a.m., 2154 Ray- fiscal year ending September 30, 1996, 2 p.m., H–313 burn. Capitol. June 21, full Committee, to consider pending business, June 20, to consider H.R. 1868, making appropria- 10:30 a.m., 2154 Rayburn. tions for foreign operations, export financing and related June 22, Subcommittee on Civil Service, hearing on programs for the fiscal year ending September 30, 1996, the Administration Aids Training Program, 9:30 a.m., 10 a.m., H–313 Capitol. 2154 Rayburn. Committee on Science, June 20, hearing on the following June 22, Subcommittee on Human Resources and bills: H.R. 1814, EPA R&D Authorization Act; H.R. Intergovernmental Relations, oversight hearing on Delays 1815, National Oceanic and Atmospheric Authorization; in the FDA’s Food Additive Petitions and GRAS Affir- H.R. 1175, Marine Resources Revitalization Act of 1995; mation Process, 10 a.m., 2247 Rayburn. H.R. 1601, International Space Station Authorization of Committee on International Relations, June 20, to mark up 1995; and DOE Civilian R&D Authorization Act, 9:30 the following: H.R. 927, Cuban Liberty and Democratic a.m., 2318 Rayburn. Solidarity Act of 1995; and an act temporarily extending June 22, full Committee, hearing on the following: the Middle East Peace Facilitation Act of 1994, 10 a.m., American Technology Advancement Act of 1995, Na- 2172 Rayburn. tional Science Foundation Authorization Act; and the June 21, Subcommittee on Africa, hearing on ‘‘Africa’s United States Fire Administration Authorization Act, Ecological Future: Natural Balance or Environmental Dis- 9:30 a.m., 2318 Rayburn. ruption,’’ 10 a.m., 2255 Rayburn. Committee on Small Business, June 20, Subcommittee on June 21, Subcommittee on Asia and the Pacific, hear- Procurement, Exports and Business Opportunities, to con- ing on ‘‘Drugs in Asia: The Heroin Connection,’’ 10 tinue hearings on the appropriate role and the effective- a.m., 2200 Rayburn. ness of various Federal Government programs in helping Committee on the Judiciary, June 20, to continue markup small businesses find export opportunities around the of H.R. 1710, Comprehensive Antiterrorism Act of 1995, world, 10 a.m., 2359 Rayburn. 1:30 p.m., 2141 Rayburn. June 21, Subcommittee on Tax and Finance, hearing June 21, Subcommittee on Courts and Intellectual on payroll taxes, 10 a.m., 2359 Rayburn. Property, hearing on H.R. 1506, Digital Performance Committee on Standards of Official Conduct, June 20 and Right in Sound Recordings Act of 1995, 10 a.m., 2237 21, executive, to consider pending business, 3 p.m. on Rayburn. June 20, and 2:30 p.m., on June 21, HT–2M Capitol. June 21, Subcommittee on Crime, hearing on amend- Committee on Transportation and Infrastructure, June 20, ments to 18 U.S.C. 1001, filing false statements with 21, and 22, Subcommittee on Water Resources and Envi- agencies of the Federal Government, 9:30 a.m., 2226 ronment, to continue hearings on the reauthorization and Rayburn. reform of the Comprehensive Environmental Response, June 22, Subcommittee on Commercial and Adminis- Compensation and Liability Act of 1980 (Superfund), 10 trative Law, to continue hearings on the reauthorization a.m., 2167 Rayburn. of the Legal Services Corporation, 10 a.m., 2226 Ray- June 20, Subcommittee on Public Buildings and Eco- burn. nomic Development, to mark up the following: certain June 22, Subcommittee on Crime, hearing regarding GSA construction, repair and alteration, and design ‘‘Combatting Crime in the District of Columbia,’’ 9:30 projects for fiscal year 1996; H.R. 308, Hopewell Town- a.m., 2237 Rayburn. ship Investment Act of 1995; H.R. 255, to designate the Committee on Resources, June 20, Subcommittee on Na- Federal Justice Building in Miami, FL, as the ‘‘James tional Parks, Forests and Lands, oversight hearing on Lawrence King Federal Justice Building;’’ H.R. 395, to June 16, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 749 designate the U.S. courthouse and Federal building to be Committee on Veterans’ Affairs, June 22, Subcommittee constructed at the southeastern corner of Liberty and on Compensation, Pension, Insurance and Memorial Af- South Virginia Streets in Reno, NV, as the ‘‘Bruce R. fairs, oversight hearing on the Veterans’ Benefits Admin- Thompson United States Courthouse and Federal Build- istration’s computer modernization, 9 a.m., 334 Cannon. ing;’’ H.R. 653, to designate the U.S. courthouse under Committee on Ways and Means, June 20, to mark up the construction in White Plains, NY, as the ‘‘Thurgood following: H.R. 1642, Extending Most-Favored-Nation Marshall United States Courthouse;’’ H.R. 840, to des- Trade Status to Cambodia; H.R. 1643, Extending Most- ignate the Federal building and U.S. courthouse located Favored-National Trade Status to Bulgaria; H.R. 541, At- at 215 South Evans Street in Greenville, NC, as the lantic Tunas Convention Act of 1995; and Fiscal Year ‘‘Walter B. Jones Federal Building and United States 1996 Budget Authorizations for the Customs Service, Courthouse;’’ H.R. 869, to designate the Federal building International Trade Commission, and the United States and U.S. courthouse located at 125 Market Street in Trade Representative, 12 p.m., 1100 Rayburn. Youngstown, OH, as the ‘‘Thomas D. Lambros Federal June 21, Subcommittee on Trade, hearing on the Ac- Building and U.S. Courthouse;’’ H.R. 965, to designate cession of Chile to the North American Free-Trade the Federal building located at 600 Martin Luther King, Agreement (NAFTA), 10 a.m., 1100 Longworth. Jr. Place in Louisville, KY, as the ‘‘Romano L. Mazzoli June 22, Subcommittee on Oversight, hearing on Coal Federal Building;’’ H.R. 1804, to designate the U.S. Post Industry Retiree Health Benefit Act of 1992, 10 a.m., Office-Courthouse located at South 6th and Rogers Ave- nue, Fort Smith, AR as the ‘‘Judge Isaac C. Parker Fed- 1100 Longworth. eral Building;’’ and legislation reauthorizing and reform- Joint Meetings ing the Appalachian Regional Commission, 2 p.m., 2253 Rayburn. Joint hearing: June 22, Senate Committee on Indian Af- June 22, Subcommittee on Public Buildings and Eco- fairs, to hold joint hearings with the House Committee nomic Development, hearing on H.R. 1230, Capitol Visi- on Resources Subcommittee on Native American and In- tor Center Authorization Act of 1995, 10 a.m., 2253 sular Affairs on S. 487, to amend the Indian Gaming Rayburn. Regulatory Act, 9:30 a.m., SD–G50. D 750 CONGRESSIONAL RECORD — DAILY DIGEST June 16, 1995

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 12 noon, Monday, June 19 12 noon, Monday, June 19

Senate Chamber House Chamber Program for Monday: After the transaction of any Program for Monday: No legislation business is sched- morning business (not to extend beyond 1 p.m.), Senate uled. will continue consideration of S. 440, National Highway System Designation Act.

Extensions of Remarks, as inserted in this issue

HOUSE Franks, Bob, N.J., E1271 Payne, Donald M., N.J., E1279 Gillmor, Paul E., Ohio, E1284 Reed, Jack, R.I., E1284 Ackerman, Gary L., N.Y., E1277 Hastert, J. Dennis, Ill., E1271, E1283 Richardson, Bill, N. Mex., E1270 Barrett, Thomas M., Wis., E1274, E1279 Hastings, Alcee L., Fla., E1272 Roukema, Marge, N.J., E1275 Burton, Dan, Ind., E1281 Kanjorski, Paul E., Pa., E1281 Skelton, Ike, Mo., E1274 Callahan, Sonny, Ala., E1276 Kingston, Jack, Ga., E1282 Smith, Nick, Mich., E1274 Camp, Dave, Mich., E1271 LaFalce, John J., N.Y., E1271, E1281 Solomon, Gerald B.H., N.Y., E1272, E1275 Coleman, Ronald D., Tex., E1275 Lantos, Tom, Calif., E1279 Stark, Fortney Pete, Calif., E1280 Crane, Philip M., Ill., E1280 Meehan, Martin T., Mass., E1278 Davis, Thomas M., Va., E1273 Meek, Carrie P., Fla., E1277 Torres, Esteban Edward, Calif., E1277 DeLauro, Rosa L., Conn., E1278 Montgomery, G.V. (Sonny), Miss., E1269 Traficant, James A., Jr., Ohio, E1274, E1277 Dixon, Julian C., Calif., E1279 Myrick, Sue, N.C., E1272 Underwood, Robert A., Guam, E1283 Duncan, John J., Jr., Tenn., E1273 Nadler, Jerrold, N.Y., E1282 Ward, Mike, Ky., E1275 Engel, Eliot L., N.Y., E1278 Norton, Eleanor Holmes, D.C., E1269 Wolf, Frank R., Va., E1271 Fields, Jack, Tex., E1283 Owens, Major R., N.Y., E1270 Woolsey, Lynn C., Calif., E1276 Filner, Bob, Calif., E1282 Pastor, Ed, Ariz., E1272 Wynn, Albert Russell, Md., E1276

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