July 18, 1991 CONGRESSIONAL RECORD-HOUSE 18829 HOUSE OF REPRESENTATIVES-Thursday, July 18, 1991 The House met at 10 a.m. which the concurrence of the House is This mistake cannot be overlooked The Chaplain, Rev. James David requested, a bill of the House of the fol­ and certainly should be discussed at Ford, D.D., offered the following pray- lowing title: the Pentagon and in Congress as we er: H.R. 2506. An act making appropriations look for ways to improve military op­ We are grateful, O God, for all Your for the Legislative Branch for the fiscal year erations. good gifts to us-the gifts of faith and ending September 30, 1992, and for other pur­ Also the Army is talking about cut­ hope, the gifts of friends and family poses. ting your Army National Guard and and colleagues, and above all else, the The message also announced that the Reserves by 30 percent in the different gifts of life and love. We are specially Senate insists upon its amendments to States. Congress will not accept clos­ thankful for those who are supportive the bill (H.R. 2506) "An act making ap­ ing one-third of the armories in your of us with their thoughts and prayers, propriations for the legislative branch districts. I suggest the Army go back with their faithful remembrance and for the fiscal year ending September 30, to the drawing board on this issue. friendship, and with their abiding con­ 1992, and for other purposes," requests cern. In the privacy of our own hearts a conference with the House on the dis­ we recall the names of those who have agreeing votes of the two Houses there­ THE 1991 INTERNATIONAL SPECIAL any special need, and we pray that on, and appoints Mr. REID, Ms. MIKUL­ OLYMPICS IN MINNESOTA Your healing grace, O God, that is SKI, Mr. ADAMS, Mr. INOUYE, Mr. GoR­ (Mr. RAMSTAD asked and was given greater than we could ever ask or TON, Mr. HATFIELD, and Mr. STEVENS, permission to address the House for 1 imagine, will be with them this day to be the conferees on the part of the minute and to revise and extend his re­ and in all the days to come. In Your Senate. marks) name, we pray. Amen. The message also announced that the Mr. RAMSTAD. Mr. Speaker, this Senate had passed bills of the following week and next, Minnesota and the THE JOURNAL titles, in which the concurrence of the Twin Cities area will be truly special House is requested: places. The SPEAKER. The Chair has exam­ S. 323. An act to require the Secretary of Starting Saturday and continuing ined the Journal of the last day's pro­ Health and Human Services to ensure that over the next week, our State will be ceedings and announces to the House pregnant women receiving assistance under host to 5,870 athletes from 93 nations his approval thereof. title X of the Public Health Service Act are around the globe who will participate Pursuant to clause 1, rule I, the Jour­ provided with information and counseling re­ in the 1991 International Special Olym­ nal stands approved. garding their pregnancies, and for other pur­ pics. poses; and The Special Olympics are as much a S. 992. An act to provide for the reimburse­ celebration as a competition, and the PLEDGE OF ALLEGIANCE ment of certain travel and relocation ex­ emphasis for the athletes is on partici­ The SPEAKER. Will the gentleman penses under title 5, United States Code, for Jane E. Denne of Henderson, Nevada. pation, as well as ability. from Minnesota [Mr. RAMSTAD] please As one of our newspapers recently come forward and lead the House in the said, the "games will be a pageant of Pledge of Allegiance. BELATED ACTIVATION OF NA­ courage and cooperation." Mr. RAMSTAD led the Pledge of Al­ Minnesota has recently played host legiance as follows: TIONAL GUARD UNITS IN PER­ SIAN GULF WAR to the World Series, the U.S. Olympic I pledge allegiance to the Flag of the Festival, the Stanley Cup finals and United States of America, a.nd to the Repub­ (Mr. MONTGOMERY asked and was the U.S. Open in golf. The Super Bowl lic for which it stands, one nation under God, given permission to address the House and the NCAA final four basketball indivisible, with liberty and justice for all. for 1 minute and to revise and extend championship will be played next year his remarks) in Minnesota. Mr. MONTGOMERY, Mr. Speaker, in MESSAGE FROM THE SENATE But I guarantee you, during this spe­ reviewing the few mistakes made dur­ cial week in Minnesota, there will be a A message from the Senate by Mr. ing the Persian Gulf war, the Defense greater bond between athletes, a great­ Hallen, one of its clerks, announced Department did not admit it made a er sense of goodwill among spectators, that the Senate had passed without mistake in not calling up combat units and more examples of dedication, per­ amendment bills and a joint resolution of the Army National Guard as soon as severance, and courage than in all of the House of the fallowing titles: we became involved in August. those other great events combined. H.R. 427. An act to disclaim any interests The other branches of the service Since its founding 23 years ago, the of the United States in certain lands on San used their Reserves in an outstanding Juan Island, Washington and for other pur­ 16 events of the Special Olympics have poses. manner in this crisis, which in effect, shown us just how much these special H.R. 998. An act to redesignate the building was also a test of the total force policy. individuals can bring to this world. in Vacherie, Louisiana, which houses the pri­ That policy of putting active duty, Na­ It is hard to figure who benefits the mary operations of the United States Postal tional Guard and Reserve units side by most: athletes, coaches or spectators. Service as the "John Richard Haydel Post side worked very well. But for some By watching, cheering, and participat­ Office Building"; reason, the Pentagon ignored calling ing in the Special Olympics, we better H.R. 2347. An act to redesignate the Mid­ combat units of the Army National land General Mail Facility in Midland, appreciate what binds us all as human Texas, as the "Carl 0. Hyde General Mail Fa­ Guard until nearly the end of the war. beings on this Earth: qualities of de­ cility'', and for other purposes; and Actually, President Bush deserves cency, compassion, and unconditional H.J. Res. 255. Joint resolution designating credit for calling up the Reserves. If he love. the week beginning July 21, 1991, as the "Ko­ had not insisted, I am not sure how Hugs will outnumber medals. Smiles rean War Veterans Remembrance Week". many National Guard and Reserve a football field wide will smother any The message also announced that the units would have been mobilized for agony of defeat. Victories will be Senate had passed with amendments in this conflict. shared by all.

DThis symbol represents the time of day during the House proceedings, e.g., D 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.

49-059 0-95 Vol. 137 ­ thousands of families in the San Joa­ lems that face the Nation today. quin Valley has been a daily struggle. I talked about the exeessive costs to repair Clark Air Base in the Phil­ Members of this body should look Last week, the White House declared carefully at their own constituent in a report to Congress that farmers ippines. Yesterday~ we learned that an agreement has been reached for its clo­ mail. We get huge batches of mail urg­ and farm workers struck by disasters ing reduced taxes and less Government throughout this Nation do not need ad­ sure but the continued use of Subic Bay Naval Base. Now at issue is our spending. I do not recall any pel'Son ditional disaster assistance. What urging .more taxies. about America's moral obligation to presence in that region of the world. Before Mount Pinatubo's eruptions~ the The solution to the budget deficit is its own people? What about compas­ not the worn-ou.t liberal answer of sion? Does it only apply overseas? Air Force had decided to relocate Clark's fighter wing to Alaska, a move more tax-es, more taxes, more taxes. Luckily, the freeze victims of Cali­ The solution is less spending and more fornia-and victims of other agricul­ which will maintain our tactical fight­ er capability in that theater of oper­ self-restraint on the part of the Con­ tural disasters in this country-have gress. another chance as this Congress works ation. Airlift, however, is another mat­ to put together a supplemental disaster ter because this capability must not be bill. withdrawn so far as to be unusable. In RURAL AMERICANS FACE PROB­ Let us hope that the victims of these years past, Taiwan, Okinawa, and LEMS ON HUNGER UNIQUE TO disasters can finally get all the help Japan have been used for C-130 basing THEIR AREAS they need. They deserve the same at­ so these possibilities must be explored because Operation Desert Storm clear­ (Ms. LONG asked and was given per­ tention and compassion that their mission to address the House for 1 country has displayed overseas. ly demonstrated the need for forward basing in our overall rapid deployment minute and to revise and extend her re­ airlift and sealift strategy. marks.) Ms. LONG. Mr. Speaker, the Hunger MORE TAXES ON WEALTHY WILL And finally, an alternative, such as Committee has been learning a great NOT BENEFIT MIDDLE AMERICA Alaska, for the Crow Valley Range deal lately about domestic hunger in (Mr. DOOLITTLE asked and was must still provide a multifaceted train­ the more rural areas of our country. given permission to address the House ing ground for air warfare. In the What we learned at a hearing in Indi­ for 1 minute and to revise and extend months ahead, the Armed Services ana, and what I expect will continue to his remarks.) Readiness Subcommittee which I chair be brought to our attenti.on in other Mr. DOOLITTLE. Mr. Speaker, the will assess these decisions as to their areas of our country, is that hunger is same folks who are pushing for quotas impact on our Nation's military readi­ a real problem, and that the solutions in the workplace and for stronger ness requirements. to rural hunger are not the same solu- 18832 CONGRESSIONAL RECORD-HOUSE July 18, 1991 tions that are being implemented in Mr. ANNUNZIO. Mr. Speaker, the minute and to revise and extend his re­ our larger cities. RTC knows how to spend taxpayers' marks.) Often, food banks or other services money better than it knows how to sell Mr. PEASE. Mr. Speaker, my GOP are not available in rural communities. assets. The RTC has a computer pro­ colleagues never tire of defending the Even if services are available, rural gram for paying its 7,000 employees, tax breaks that the Reagan-Bush ad­ Americans are many times unaware of but not for tracking the $164 billion in ministration gave to the wealthy dur­ their existence. Rural Americans are assets which it has a statutory duty to ing the 1980's. also isolated and often lack needed sell. The General Accounting Office has I would like to refer them to page transportation to access whatever pro­ told us that the RTC has no idea what 1306 of the Committee on Ways and grams do exist. In addition, there is a it receives for the individual assets it Means Green Book. It shows, during certain rural pride that many times sells. Yet the RTC Oversight Board the last decade after-tax income for stigmatizes individuals into not asking came before the Banking Committee the top 20 percent of Americans rose by for assistance, even when they and last week to request that it be allowed 27 percent in constant dollars, while their families truly need help. to borrow an additional $35 billion in after-tax income decreased during the Hunger Committee hearings here in working capital. This money should same period for families in the bottom Washington and around the country come from the sale of assets, not from 60 percent. are giving us a different perspective on the Federal Financing Bank at 6.7 per­ In other words, 60 percent of Ameri­ domestic hunger, a perspective which I cent. cans did less well; the top 20 percent hope will be noted by both urban and Mr. Speaker, I see no reason why the did very much better. rural Members of the House. RTC should be allowed to borrow more The message is clear: During the working capital until we have evidence 1980's the GOP slashed taxes for the that it is selling the assets already wealthy. Now they want to preserve TAX INCREASES HINDER those tax breaks. ECONOMIC GROWTH under its control. Its primary mission is to dispose of assets, not accumulate (Mr. SAXTON asked and was given them. permission to address the House for 1 GREEN BOOK ANALYSIS WITHOUT The RTC does not lack for resources. MERIT minute and to revise and extend his re­ Over 70 percent of the assets it cur­ marks.) rently holds consists of cash, invest­ (Mr. WALKER asked and was given Mr. SAXTON. Mr. Speaker, if the big ment grade securities, and performing permission to address the House for 1 taxers in Congress only learn one thing minute.) loans. We must teach it to sell, not to Mr. WALKER. Mr. Speaker, that is a from the Reagan Presidency, please let spend. it be that higher tax rates hinder eco­ very fascinating presentation the gen­ nomic growth and that lower tax rates tleman from Ohio gave Members, out of increase the incentive to create wealth. AMERICA'S HEALTH CARE SYSTEM the Committee on Ways and Means Green Book. As any high school freshman should (Mr. GOSS asked and was given per­ know, the more you tax something the We have already made the point that less you get of it. And if the high tax mission to address the House for 1 the Committee on Ways and Means crowd get their way, their tax on "in­ minute and to revise and extend his re­ Green Book is based on totally falla­ marks.) cious analysis, based upon fallacious come" means less prosperity for all Mr. GOSS. Mr. Speaker, there is Americans. analysis because the gentleman is Therefore, since this is true, why are stormy weather ahead, and our health using capital gains income as real in­ some tax-hungry Members of Congress care lifeboat has been taking on water. come in the presentation. proposing new and higher taxes? The In the past month, headlines have The Committee on Ways and Means answer is simple, bring back last year's screamed trouble at us: "Medicare has totally misused the figures for the rallying, cry, "Soak the Rich," even if Fund in Trouble: Officials Say Bank­ 1980's by saying that capital gains in­ it means the middle class pays more ruptcy Possible by 2001," "Task Force come is the same as earned income. taxes. Says Medicaid Costs May Reach $200 That totally throws off the entire pres­ Two quick facts from the decade of Billion in 1996." entation of the gentleman, and totally the 1980's should finally put a lid on We are all familiar with constituent throws off the Green Book. The Green this myth that higher rates will bring complaints about our health care sys­ Book has been shown to be without in more money. tem, but popular concern has not merit in material analysis of what hap­ First, tax collections under the seemed to translate into action on our pened during the 1980's or any other Reagan expansion increased from $517 part even though the components have time. billion in 1981 to a projected record of been introduced; we have bills address­ $1.07 trillion in 1991, an increase of 107 ing malpractice reform, small business percent. insurance, and long-term care. None­ SAVINGS BOND BILL And second, the tax burden on the theless, just about everyone knows the (Ms. KAPTUR asked and was given top 1 percent increased from 17 .6 per­ health care crisis has gotten bigger permission to address the House for 1 cent in 1981 to 27.5 percent in 1988, than Congress, and that scares the peo­ minute and to revise and extend her re­ while the bottom 50 percent plunged ple of this country. But things are fi­ marks.) from 7.5 percent in 1981 to a low of 5.7 nally starting to happen. I am encour­ Ms. KAPTUR. Mr. Speaker, every­ percent in 1988. aged by the formation of a Republican body knows that savings in the United These two facts alone should force leadership task force dedicated to pull­ States have been going down, including the big taxers on Capitol Hill to throw ing the different, and sometimes ob­ for average families. This is because in­ the politics of envy into the trash bin tuse, angeles on health care together. come is not going up. of history, where it belongs. And if Deliberations are beginning in earnest. Now, the Treasury Department has these big taxers want to return to the It is time to do more than just bail made it even more difficult for families days of the high-tax seventies, then the water with leaky buckets. We need a in our country to save. Did Members real losers will be the American people. new lifeboat for health care before we know that when a person walks into all sink. their local bank to buy a savings bond for their little girl or boy's birthday, SELL, NOT SPEND that at best now they will walk out not (Mr. ANNUNZIO asked and was given GOP PRESERVES TAX BREAKS with a bond, but rather empty-handed, permission to address the House for 1 FOR WEALTHY with an IOU. minute and to revise and extend his re­ (Mr. PEASE asked and was given per­ So where is her birthday bond? "The marks.) mission to address the House for 1 mail," they say. It will get there, oh, July 18, 1991 CONGRESSIONAL RECORD-HOUSE 18833 maybe in 3 weeks, because the Treas­ and join an organization so that you Mr. ANDREWS of Maine. Mr. Speak­ ury Department has embarked upon can do something about it. er, when Washington talks about busi­ something they call their "regional de­ Yet while we say this, there are 27 ness, it is often talking about big busi­ li very system," where a person gets a million veterans in the United States, ness. promise and no bond. but only 7 million of them belong to a Even when the SBA talks about How would Members like to buy their veterans organization. small business it can be talking about own children's presents in that way? There are 95 veterans organizations a business with as many as 500 employ­ Now surprisingly, in the last 2 years, throughout the United States. There ees. there has. been a dramatic drop in the are 22 which are federally chartered. Well Mr. Speaker, 90 percent of the sale of $50 and $75 savings bonds, a 60- We are not just talking about veterans. businesses in my State of Maine have percent decline in sales of $50 bonds; a We are talking about survivors, fewer than 20 employees. 74 percent decline in $75 bonds. spouses, children, orphans, we are talk­ If we are going to lift our economy I have introduced a bill, H.R. 2734, to ing about over 65 million people who from the grips of a recession, then we restore bond availability to the Amer­ are affected by the Veterans' Adminis­ are going to have to pay more atten­ ican bond buyer at local branches. U.S. tration. That is over 25 percent of the tion to the needs of our truly small bonds are for our people, for small in­ total population of the United States. businesses, particularly when it comes vestors. Let Members make them That, Mr. Speaker, is what I call to getting access to the capital that is available to every grandmother, grand­ strength, and I ask the veterans of this needed to take promising ideas from father, father, mother, that wants to country to get into an organization, the drawing board to the economy. invest in their child's future. join and make sure that your veterans That is why I have introduced the benefits are going to be protected. Small Business Economic Opportunity Act of 1991. D 1030 REMEMBERING OUR POW/MIA's The legislation will provide entre­ INTRODUCTION OF BILL TO EX­ preneurs and our smallest businesses (Mr. DREIER of California asked and with the capital that is simply unavail­ P AND PERKINS STUDENT LOAN was given permission to address the able to them during the credit crunch FORGIVENESS PROGRAM House for 1 minute and to revise and that is strangling our economy. These (Mr. KLUG asked and was given per­ extend his remarks.) are the people who have been hit first mission to address the House for 1 Mr. DREIER of California. Mr. and hardest by the recession and they minute and to revise and extend his re­ Speaker, a little over 10 years ago, I are the people who are the key to eco­ marks.) was approached by a young woman nomic recovery for our Nation. Mr. KLUG. Mr. Speaker, today I will called Sherry Masterson, whose father, Mr. Speaker I urge the Members of introduce a bill to expand the Perkins Lt. Col. Michael Bat Masterson, was this body to join me in supporting the student loan forgiveness program to in­ shot down over Laos in October 1968. Small Business Economic Opportunity clude college graduates who focus ca­ She looked to me and said, "David, please tell me that my father is dead." Act of 1991 so that we might unlock the reers in special education on infants economic strength that exists in com­ and toddlers with disabilities. Well, at that time I made the deci­ sion that I would do everything that I munities throughout our Nation and In 1986 the Congress amended the In­ get our economy moving again. dividuals with Disabilities Education possibly could to resolve the crisis and Act [IDEA] to provide fiscal incentive there are many Members of this House to States to offer special education who have worked diligently for years AS STATES' BUDGET PROBLEMS to try to resolve the POW/MIA crisis. services to disabled infants and tod­ I look first to the gentleman sitting GROW, DEFICIT REDUCTION dlers. Almost all of the States are now in the chair, our friend, the gentleman MUST BE TOP PRIORITY OF CON­ trying to do that. A common problem from Mississippi [Mr. MONTGOMERY], GRESS that they are confronting, however, is who led a commission in an effort to (Mr. EWING asked and was given per­ in finding adequate numbers of individ­ try to bring about a resolution to this. mission to address the House for 1 uals trained and motivated to provide We have all been very sincere, and minute and to revise and extend his re­ the very specialized services that these yet the release of the photograph marks.) children require. The Education De­ which showed these three people who Mr. EWING. Mr. Speaker, budget def­ partments Office of Special Education have been identified by family mem­ icit gridlock is gripping State legisla­ Programs, in its 1991 report to Con­ bers as those classified as missing in tures across America as lawmakers gress, cites the teacher shortage as its action has been something that has struggle to address budget deficits as greater concern. brought a great sense of frustration, large as $14.3 billion in California, $4.6 My bill will encourage talented especially when those of us who serve billion in Texas, and up to $6.5 billion young men and women to dedicate on the POW/MIA Task Force find out in New York. In some States govern­ themselves to this very special group about this by looking at it in the news­ ment workers have missed paychecks of Americans in need. I urge all of my paper, and then we hear this picture and State social services are grinding colleagues to support this effort by has been available for nearly a year. to a halt. In my home State of Illinois, joining me as cosponsors of this bill. Mr. Speaker, it is critical that we re­ lawmakers today enter their 18th day double our efforts so that we can as­ without a budget. sure that if there are Americans still The deficit crisis confronting State JOIN THE VETERANS being held against their will in South­ governments seems minuscule in com­ ORGANIZATIONS east Asia, that we do everything we parison to the estimated fiscal year (Mr. APPLEGATE asked and was can to get them out and that we get a 1991 $348 billion deficit the Federal given permission to address the House full accounting of the 2,273 Americans Government faces. The desperate situa­ for 1 minute and to revise and extend still classified as missing in action. tion in our State capitals should serve his remarks.) as warning to those of us in Congress · Mr. APPLEGATE. Mr. Speaker, I am that we act immediately to cut our calling upon all American veterans INTRODUCTION OF SMALL BUSI­ Federal deficit before a national finan­ throughout the United States to join a NESS ECONOMIC OPPORTUNITY cial breakdown forces us to act. veterans organization. There is ACT OF 1991 Common sense tells famiiies in Pon­ strength in numbers. If the veterans of (Mr. ANDREWS of Maine asked and tiac, Kankakee, and Bloomington, IL, this country think their benefits might was given permission to address the that they must balance their budget become reduced either in education, in House for 1 minute and to revise and and their checkbooks every month. housing or in health, then get together extend his remarks.) Common sense should also tell Con- 18834 CONGRESSIONAL RECORD-HOUSE July 18, 1991 gress that the Federal Government Hotel where they were staying, came As the world's second largest gold must have a balanced budget. through and were of immense assist­ producer, the Soviet Union should be Mr. Speaker, deficit reduction must ance to these young people who were able to not only disclose its reserves be a top priority of Congress. I look destitute in this town as a consequence but commit a portion to this stabiliza­ forward to working with my new col­ of this crime. tion fund, or at least put it up for col­ leagues to bring common sense, and They are having their food paid for lateral. balance, to our Federal budget. by the D.C. Committee to Promote the Mr. Speaker, we agree that reform in District. They are having clothing dis­ the Soviet Union is desperately needed. counts at Woodies. A bus company has But to write a blank check to that READ MY LIPS, READ MY WANT called to offer a bus during their time country, even if we could, would be the ADS in the city, and some other people are worst policy for America. (Mr. TRAFICAi..~T asked and was trying to arrange bus transportation given permission to address the House back home to Huron County for them. for 1 minute and to revise and extend There has been an anonymous donation IDEA: INCOME-DEPENDENT his remarks.) of $500 from a person in Silver Spring, EDUCATION ASSISTANCE ACT Mr. TRAFICANT. Mr. Speaker, in the MD, and WRC radio is kindly running (Mr. PETRI asked and was given per­ campaign of 1988, now-President Bush all-day promotion ads asking for as­ mission to address the House for 1 made two distinct and specific prom­ sistance and moneys to help these kids minute and to revise and extend his re­ ises. The first one is well-known. He during their difficult stay in Washing­ marks.) said, "Read my lips, no new taxes." ton. Mr. PETRI. Mr. Speaker, one of the But what everybody has failed now to major hassles in applying for college come to terms with is that second D 1040 student aid is filling out the com­ promise. He said, "If elected, I will cre­ And so, yes, there is a bad news plicated family-needs analysis forms. ate 30 million jobs by 1988." story, but it is also a story of a city Everybody hates them-they are in­ Well, guess what? We all know what that has come to their aid. I want to timidating, and they invariably have happened to No. 1, and on No. 2 this ad­ extend, as their Congressman, my deep­ an element of unfairness, since they ministration has suffered a net loss of est appreciation to the city adminis­ deal with the assets of the parents jobs si.nce election day, and at the G-7 tration, to the delegates and to the rather than with the students who, ul­ summit nobody is talking about unem­ businesses of this town for understand­ timately, are the ones who need the ployment. ing the plight of these visitors and for education. It is very simple. America has the the assistance they are providing to There is a better way. unemployment problem. Who cares at them. Not long ago I introduced a major the summit? student loan proposal, the Income-De­ Let me say this, Mr. Speaker. I think pendent Education Assistance Act-­ NO FREE RIDE FOR THE SOVIETS IDEA for short. the American workers have a tough Under IDEA, there would be no need time. They have had to figure out this (Mr. RAY asked and was given per­ for family-needs analysis forms. IDEA administration. First it was, "read my mission to address the House for 1 loans would be available to students lips." Then it was "read my hips." minute and to revise and extend his re­ without regard to the parent's assets. Then it was "read my mind." Now it is marks.) The rate at which IDEA 1oans would be "read the want ads." Mr . ..RAY. Mr. Speaker, this week repaid would be determined by the stu­ I want to know where the jobs are. I President Mikhail Gorbachev met with dent's income after leaving school. want .this administration to start deal­ the woI'ld's seven leading industrial Further, the IDEA program would :ing witb.Ja;pa;n and the G-7 about mac­ powers to discuss Soviet political and provide student loans at little or n.o I'oeeon<:>mi-e 'issues that affect the economic reform. Aid to implement cost to the taxpayers and would free up American workplace. these reforms was a major topic of dis­ a great deal of Federal money, which .Cengress should be mandating that cussion. could be used for education grants and/ through legislation. Altnough economic and political re­ or for deficit reduction. form is greatly needed in the Soviet Mr. Speaker, I .am seeking Unfon, providing United States tax dol­ cosponsorships, and those interested THANKS FOR HELPING A STRAND­ lars ff or vague Soviet plans for ref0rm can find more information on IDEA on ED BUS LOAD OF ,CONSTITUENTS is not something that needed to be page 11218 of the May 16 CONGRESSIONAL (Mr. TRAXLER aske,d .and was ,given done. RECORD. permission to address the House for 1 I commend the -Pr..e.sident and tthe minute and to revise and extend his -ve­ other G-7 leade.r.s for de.ei.Q.ing agaialst marks.) -fuect economic aid t~ t1l'e i&oviets. AFTERMATH OF VIETNAM WAR-­ Mr. TRAXLER. Mr. Speaker~ this America has plenty >to speimd its bor­ ACCOUNTING FOR POW'S AND morning's Washington Post carries a Towed dollars on right :he.re cat home. MIA'S story headline, astolen, one bus and We hav:e roads and the comntry"s fulfra­ (Mr. KENNEDY asked and was given belongings. Visitors become victims ·stru.cture in need of repair, and an edu­ permissi-on to address the House for 1 right after reaching Washington, D.C." cation and health system that .is short minute and to revise and extend his re­ Those victims were my constituents on funding. Our country will have a 282 marks.) from Huron County, MI, a group of 32 billion-dollar deficit in 1992! Mr. KENNEDY. Mr. Speaker, as you young people attending a religious con­ We are closing military bases .across are so well aware, 9 months ago the vention here in the city. Just after ar­ the country and cutting funding in a11 Pentagon received a photograph that riving, unfortunately, their bus was areas. appears to show three servicemen who stolen and all their belongings, their The Soviet Government, at this have been listed as missing in action clothing, their cameras, what have point, has not demonstrated its com­ since the 1960's. Since then the Penta­ you, were on that bus, their money. It mitment to fiscal responsibility and gon has been unable to determine was a tragedy for these young people political realities. Our best estimates whether the photograph is authentic. on their first visit to our Nation's Cap­ still put Soviet defense spending at a During this time they did technical ital. quarter of their gross national product. test after technical test. But what they The good news, Mr. Speaker, is that The Soviet Union should reveal up­ failed to do is what they should have as a consequence of Mayor Dixon and front how much money it has in gold done years ago: Vigorously and aggres­ her fine staff, Delegate NORTON and her reserves before asking for $10 to $12 bil­ sively pursue any and every lead about fine staff, the Grand Hyatt Regency lion to stabilize their currency. our country's POW's and MIA's. July 18, 1991 CONGRESSIONAL RECORD-HOUSE 18835 For thousands of American families Strike all of section 21, beginning on page we speak of the war on drugs, it is real­ and indeed for the country as a whole, 21, line 1 through page 22, line 11, and renum­ ly the Coast Guard that is our first line the Vietnam war will not truly be over ber succeeding sections accordingly. of defense in that war. They are the until every last courageous soldier is The SPEAKER pro tempore (Mr. ones who confront directly the smug­ accounted for. If we can summon the MONTGOMERY). The gentleman from glers who are attempting to bring in moral will to lead the world against California [Mr. BEILENSON], is recog­ large quantities of marijuana and co­ the forces of darkness in the Persian nized for 1 hour. caine by ship. They also man the Gulf, then surely we can search for the Mr. BEILENSON. Mr. Speaker, for planes which patrol over our coastal Americans missing in the darkness of purposes of debate only, I yield the cus­ waters and track the planes of the drug Asian Jungles. tomary 30 minutes to the gentleman runners. In port, they are the ones who General Vessey himself told this Con­ from Tennessee [Mr. QUILLEN], pending inspect ships for contraband including gress just a few months ago that not which I yield myself such time as I drugs. While other Federal agencies are enough is being done to investigate the may consume. involved in the war on drugs as well, cases of our POW's and MIA's. I want During consideration of this resolu­ the Coast Guard is on the frontline. to add my voice to his and to others tion, Mr. Speaker, all time yielded is Mr. Speaker, it is the Coast Guard who call upon our Government to use for the purpose of debate only. that we turn to for the maintenance of every tool at its disposal to solve these Mr. Speaker, House Resolution 196 is aids to maritime navigation, cases. the rule providing for consideration of icebreaking activities, the protection Until we satisfy ourselves that every­ H.R. 1776, the Coast Guard Authoriza­ of the marine environment, and the se­ thing has been done, we cannot rest. If tion Act for fiscal year 1992. curity and safety of waterways, ports, America is going to set the highest This is an open rule, providing for 1 and vessels. standards of human freedom, then hour of general debate to be equally di­ H.R. 1776, the Coast Guard authoriza­ Americans who have disappeared fight­ vided and controlled by the chairman tion for fiscal year 1992, is an impor­ ing for those standards must be ac­ and ranking minority member of the tant step in providing necessary sup­ counted for. Committee on Merchant Marine and port and policy guidance for the Coast Fisheries. Guard. However, there are still prob­ The rule makes in order the Mer­ lem areas in the legislation. In the COAST GUARD AUTHORIZATION chant Marine Committee amendment ACT OF 1991 statement of administration policy in the nature of a substitute now print­ made available to the Rules Commit­ Mr. BEILENSON. Mr. Speaker, by di­ ed in the bill, and as modified by the tee, the administration took the posi­ rection of the Committee on Rules, I amendment printed in section 2 of the tion that it would oppose the bill in its call up House Resolution 196 and ask rule, as the original tP,Xt for the pur­ current form because its authorization for its immediate consideration. pose of amendment. levels are excessive and it contains sev­ The Clerk read the resolution, as fol­ Section 2 of the rule strikes a provi­ eral objectionable micromanagement lows: sion in the committee bill establishing provisions. H. RES. 196 a recycling program at Coast Guard fa­ Mr. Speaker, the rule the committee Resolved, That at any time after the adop­ cilities, since that provision con­ has provided is an open rule which will tion of this resolution the Speaker may, pur­ stituted appropriating in a legislative suant to clause l(b) of rule XXIII, declare the allow the full House to make improve­ House resolved into the Committee of the measure, and also violated the pay-as­ ments to the bill and address the con­ Whole House on the State of the Union for you-go requirements of the Budget En­ cerns of the administration. I urge its the consideration of the bill (H.R. 1776) to forcement Act. adoption. authorize for fiscal year 1992 the United The committee substitute requires a States Coast Guard Budget, and the first waiver of clause 7 of rule XVI. This D 1050 reading of the bill shall be dispensed with. waiver is necessary because the sub­ Mr. Speaker, I have no requests for After general debate, which shall be confined stitute contains nongermane provi­ time, and I yield back the balance of to the bill and which shall not exceed one sions dealing with special pay to cer­ my time. hour, to be equally divided and controlled by the chairman and ranking minority member tain lower ranking armed services per­ Mr. BEILENSON. Mr. Speaker, I of the Committee on Merchant Marine and sonnel, including those from services yield back the balance of my time, and Fisheries, the bill shall be considered for other than the Coast Guard. I move the previous question on the amendment under the five-minute rule. It Finally, the rule provides for one mo­ resolution. shall be in order to consider the amendment tion to recommit with or without in­ The previous question was ordered. in the nature of a substitute recommended structions. The resolution was agreed to. by the Committee on Merchant Marine and Mr. Speaker, H.R. 1776, the Coast A motion to reconsider was laid on Fisheries now printed in the bill, as modified Guard Authorization Act, allows the the table. by the amendment printed in section 2 of service to carry out its multiple mis­ The SPEAKER pro tempore (Mr. this resolution, as an original bill for the purpose of amendment under the five-minute sions of search and rescue, drug inter­ MONTGOMERY). Pursuant to House Res­ rule, each section shall be considered as hav­ diction, enforcement of laws and trea­ olution 196 and rule XXIII, the Chair ing been read, and all points of order against ties, and marine environmental protec­ declares the House in the Committee of said substitute, as modified, for failure to tion. From testimony before the Rules the Whole House on the State of the comply with the provisions of clause 7 of rule Committee, we understand that the bill Union for the consideration of the bill, XVI are hereby waived. At the conclusion of is noncontroversial and has bipartisan H.R. 1776. the consideration of the b111 for amendment, support. D 1053 the Committee shall rise and report the bill Mr. Speaker, to repeat, House Reso­ to the House, and any member may demand IN THE COMMITTEE OF THE WHOLE a separate vote on any amendment adopted lution 196 is a straightforward open in the Committee of the Whole to the bill or rule, and I urge its adoption so that we Accordingly the House resolved itself to the amendment in the nature of a sub­ may proceed to consideration of H.R. into the Committee of the Whole House stitute made in order as original text by this 1776. on the State of the Union for the con­ resolution. The previous question shall be Mr. QUILLEN. Mr. Speaker, I yield sideration of the bill (H.R. 1776) to au­ considered as ordered on the bill and amend­ myself such time as I may consume. thorize for fiscal year 1992 the U.S. ments thereto to final passage without inter­ Mr. Speaker, this is an open rule, and Coast Guard budget, with Mr. DARDEN vening motion except one motion to recom­ I support it. in the chair. mit with or without instructions. SEC. 2. The following is the modification of Mr. Speaker, many Americans take The Clerk read the title of the bill. the amendment in the nature of a substitute the Coast Guard for granted, often The CHAIRMAN. Pursuant to the recommended by the Committee on Mer­ without realizing the many important rule, the bill is considered as having chant Marine and Fisheries: functions it serves. For example, when been read the first time. 18836 CONGRESSIONAL RECORD-HOUSE July 18, 1991 Under the rule, the gentleman from the ability of the Coast Guard to pro­ becomes final. There are others that Louisiana [Mr. TAUZIN] will be recog­ vide search and rescue services, main­ are overdue as well. We need to provide nized for 30 minutes, and the gen­ tain aids to navigation, enforce our the financial support to insure that the tleman from Texas [Mr. FIELDS] will be drug and fisheries laws, and protect the Coast Guard can fulfill the OP A 90 recognized for 30 minutes. marine environment. mandate and we need to encourage the The Chair recognizes the gentleman Replacement of the outdated 50-year­ Coast Guard to expeditiously complete from Louisiana [Mr. TAUZIN]. old buoy tender fleet is one of the top that task. Mr. TAUZIN. Mr. Chairman, I yield priorities of the Coast Guard acquisi­ H.R. 1776 expresses the strong sup­ myself such time as I may consume. tions program. The new multimission port in this Congress for the Coast Mr. Chairman, today the House con­ buoy tender will also play an integral Guard and for its outstanding people. I siders H.R. 1776, the Coast Guard Au­ role in oilspill response because it will urge the support of this body for this thorization Act of 1991. I would like to be designed with oil skimming capabil­ legislation. express my appreciation to the chair­ ity as well as other missions. Mr. FIELDS. Mr. Chairman, I yield man of the House Committee on Mer­ This legislation authorizes $28 mil­ such time as he may consume to the chant Marine and Fisheries, Hon. WAL­ lion for research and development pro­ gentleman from Alaska [Mr. YOUNG]. TER B. JONES, for his unfailing support grams. The Oil Pollution Act of 1990 re­ Mr. YOUNG of Alaska. Mr. Chair­ of our efforts. This legislation is the re­ quires the Coast Guard to begin and man, I strongly support the Coast sult of the excellent bipartisan co­ fund a research and development pro­ Guard Authorization Act of 1991. In all operation of our committee and our gram that will insure that they have the years I have served in the House of concern that the Coast Guard be given the knowledge base and technology for Representatives, I have yet to see an the congressional support it so de­ oilspill response activities. Much of agency other than the Coast Guard so serves. I also wish to express my this research and development will ably perform its missions with the thanks to the ranking minority mem­ focus on protecting the marine envi­ funds it has been appropriated. It is in­ bers on the full committee, the Hon. ronment from oilspills. This program deed a compliment to the value of this RoBERT DAVIS, and the subcommittee will have long-term benefits for both service that we have entrusted it with ranking member, the Hon. JACK our environment and our economy. more missions and responsibilities over FIELDS. The subcornmi ttee strongly supports The Coast Guard is often cited as one the acquisition of a new command and the years, not the least of which was of the most efficient, competent, dedi­ control aircraft of the command per­ the Persian Gulf war. cated, and committed organizations of sonnel of the Coast Guard. The Coast But with the many missions come de­ our Government. It reflects the cour­ Guard currently has available for its mands for greater funding. The Coast age, patriotism, and a sense of duty to use for command and control only two Guard performs such vital missions as God and country of the individuals who aircraft, both of which are being used search and rescue, environmental pro­ serve in the Coast Guard. To maintain past their recommended life. The Per­ tection, fishery treaty enforcement, the excellence of the Coast Guard, we sian Gulf conflict illustrated the need and marine safety. Lives, property, and must insure the support of the people for these aircraft when they were commerce are directly dependent on of the Coast Guard. This is what our called upon to transport the Com­ the Coast Guard every day of the year, subcommittee sought to accomplish in mandant on very short notice for emer­ a fact which provides more than the Coast Guard Authorization Act of gency meetings with the President and enough justification to fully fund this 1991. also to fly Coast Guard personnel to service. Congress has continued with each the Persian Gulf. Both of these planes Al though the Persian Gulf conflict is session to expand the missions which are becoming very expensive to main­ over, there is still a type of war in the are assigned to the Coast Guard. While tain and operate. I believe that the Pacific-illegal use of drift nets by for­ the Coast Guard serves as a military continued use of these aircraft poses a eign fishing vessels. This bill author­ organization, it also saves lives, regu­ potential threat to those officers in the izes funds to enable the Coast Guard to lates navigation on our waterways, Coast Guard who use these airplanes. stop Japanese, Taiwanese, and Korean protects the marine environment, en­ I intend to introduce one amendment drift net vessels from the indiscrimi­ forces our drug interdiction policies, to create the Lower Mississippi River nate killing and waste of vast numbers protects our fisheries resources, and Waterway Advisory Committee. This of marine life. The use of large-scale performs so many other vital functions provision is similar to section 13 creat­ drift nets is a continuing problem de­ in a quietly efficient manner. ing the Houston-Galveston Navigation spite the deadly threat they pose to As an important part,of our military Safety Advisory Committee. Both of our marine resources. defense, the Coast Guard demonstrated these advisory committees are cur­ This bill also a._uthorizes funding for in the Persian Gulf that it is ready to rently working to assist the Coast continuation of the efforts we started serve on very short notice. It played an Guard in the adoption of regulations in the Oil Pollution Act of 1990. There integral role in enforcing the sanctions which insure the safety of navigation have already been positive changes against Iraq and in providing technical on these waterways. These provisions around the country to ensure a rapid assistance in dealing with the Persian insure the 'Continuous operation of and effective response capability in the Gulf oilspill. I support the amendment these committees and recognize the case of a potential oilspill. I am to be offered by Mr. GEJDENSON to rec­ important role they play in attaining pleased to see that 'this country has a ognize and commend the Coast Guard the goal of cleaner, safer waters. comprehensive and continuing policy for its role in the successful outcome of I would like to make one last com­ dealing with oilspill prevention and that operation. ment about the workload we have cleanup. The bulk of the Coast Guard funding given the Coast Gua.rd. The Oil Pollu­ One more note on the Coast Guard. I authorization is for operating expenses. tion Act of 1990 alone mandates some am sure that most of my colleagues O_perating expenses reflect the basic 80 rulemakings and stWilies which must share a disdain for tJle rec~ational needs for personnel, such as salaries,, be conducted by the Coast Guard. I boat tax that was instituted by Con­ housing, medical care, training and .have encouraged the Coast Guard to gress in the Omnibus Budget Rec0ncili­ other vital needs. Congress needs to proceed expeditiously with the rule­ ation Act of 1990. I do not blame the place more emphasis on keeping the making required by that Act. In par­ Coast Guard for this, and no one personnel of the Coast Guard and re­ ticular, the Coast Guard is now past should. The so-called user fee, however, ducing the high turnover rate which re­ due as to the rules setting forth struc­ is a tax, and nothing else, and it was duces the effectiveness of the organiza­ tural and operational means ,of protect­ implemented by Congress. I hope my tion as a whole. Further, any cut in ing the environment _prior to the date colleagues will see the wisdom in re­ Coast Guard funding means reducing on which the double-hull requirement pealing this unfair tax on boat owners. July 18, 1991 CONGRESSIONAL RECORD-HOUSE 18837 Once again, I urge my colleagues to provisions of the landmark Oil Pollu­ staff have provided to my staff and my­ support full funding for the Coast tion Act of 1990. self in our efforts has really improved Guard authorization bill. As someone whose congressional dis­ the work of our subcommittee and Mr. FIELDS. Mr. Chairman, I yield trict was devastated by two major oil­ made our product much better as a re­ myself such time as I may consume. spills last year, I anxiously await the sult. I thank the gentleman for that. Mr. Chairman, as a cosponsor of this pre-positioning of certain cleanup I would also like at this time to com­ important legislation, I rise in strong equipment in the Gulf of Mexico. I am mend the Secretary of Transportation, support of H.R. 1776, the Coast Guard convinced that with the additional Mr. Sam Skinner, for the extraor­ Authorization Act of 1991. funds we provide in H.R. 1776, the Coast dinary improvements that have been This bill, which was drafted in a bi­ Guard can accelerate that acquisition made in reference to budget requests partisan manner, is the product of process and we can better protect our for the U.S. Coast Guard and for other many months of careful consideration Texas coastline. transportation functions. As a result of and it is an essential funding measure In addition, this money will be used that, the chairman of the Subcommit­ for the U.S. Coast Guard. to finance oil pollution prevention tee on Transportation of the Commit­ Mr. Chairman, as I am sure you will plans and to compensate those who are tee on Appropriations, the gentleman agree, there are few Federal agencies adversely affected by an oilspill. from Florida [Mr. LEHMAN], has been which are more respected and beloved Finally, I am pleased that we have able this year to provide a much better than the Coast Guard. included language within the Coast resource base for the U.S. Coast Guard In fact, we in the U.S. Congress like Guard authorization bill to statutorily than in past years. This cooperation the Coast Guard so much that we con­ mandate the Houston-Galveston Navi­ from the administration and from our tinue to give them an ever-increasing gation Safety Advisory Committee. Appropriations Committee is, I think, number of roles and missions. This committee, which was created building a better base upon which this While the Coast Guard meets each by administrative decree in 1982, pro­ authorization bill can function. So I new challenge with enthusiasm, unfor­ vides solutions to the Coast Guard on a would like to indeed express the grate­ tunately we have not provided them range of problems dealing with traffic ful thanks of both our committee and with adequate financial resources to congestion, vessel groundings, and oil­ the U.S. Coast Guard to the gentleman deal with such pressing problems as spill control. Our ports are safer today from Florida [Mr. LEHMAN] and to Sec­ drug interdiction, oil pollution control, because their suggestions have been retary Skinner. bridge repair, and modernization of its implemented and it is appropriate that Mr. Chairman, I yield such time as he seagoing flee.t. we have included this important advi­ may consume to the chairman of the This year, however, we have an op­ sory committee, which will serve at full committee, the gentleman from portunity to help reverse that trend. It virtually no cost to the taxpayer, with­ North Carolina [Mr. JONES]. is my firm belief that the authoriza­ in H.R. 1776. Mr. JONES of North Carolina. Mr. tion levels contained in H.R. 1776 will Mr. Chairman, in closing, let me say Chairman, I rise in strong support of provide sufficient money for the Coast that I recognize we are living in aus­ H.R. 1776, the Coast Guard Authoriza­ Guard to carry out its myriad of re­ tere times and that the funding de­ tion Act of 1991. sponsibilities. mands placed upon us is enormous. I have been coming to the floor for Mr. Chairman, while H.R. 1776 con­ Nevertheless, it is critical that we pro­ many years now, to urge this body to tains a number of important provi­ vide the Coast Guard with the financial support sufficient funding for the Coast sions, I would like to briefly highlight resources they need to get the job Guard-one of the most efficient, dedi­ a few of those contained within the done. It is my firm belief that H.R. 1776 cated, cost effective organizations in bill. is a step in the right direction. the Federal Government. As each year For instance, incorporated within Mr. Chairman, I urge my colleagues passes, my admiration for this service this legislation is $14 million to ren­ to support this legislation so that the grows, and I believe that my attitude is ovate and extend the useful life of the Coast Guard can continue to wage its reflected in the Congress as a whole. Coast Guard cutter Mackinaw, which is battle against the spread of illegal Last year on this floor, for example, we the flagship of the Great Lakes drugs into this country, adequately expressed our confidence in the Coast icebreaking fleet. This vessel, which protect our coastline from future oil­ Guard when we placed on its shoulders was constructed in 1943, is the only ice­ spills, and upgrade their oceangoing enormous responsibilities under the 011 breaker capable of extended and unin­ fleet to assist our citizens throughout Pollution Act. If the money we gave terrupted service during the winter this country. the Coast Guard were equal to the es­ months in the Great Lakes. It is essen­ Mr. Chairman, I would like to com­ teem we have for that service, it would tial that we keep this vessel in oper­ pliment my distinguished subcommit­ be the best funded agency in the coun­ ation, and I compliment the distin­ tee chairman, BILLY TAUZIN, for his su­ try. guished ranking minority member of perb leadership in bringing this bill to Most of us think of the men and our committee, BOB DAVIS, for his tire­ the floor, and I look forward to provid­ women of the Coast Guard as the folks less leadership on behalf of the Macki­ ing the Coast Guard with the financial in white hats coming to rescue the naw. resources they need to get the job stranded boater, fighting drug smug­ Second, we have authorized $29 mil­ done. glers, or responding to environmental lion within this legislation so that the disasters like the Exxon Valdez. How­ Coast Guard can .obtain a new com­ D 1100 ever, over the last year that public mand and control aircraft. The acquisi­ Mr. Chairman, I reserve the balance image has changed to include the Coast tion of this aircraft is vital because the of my time. Guardsman as defender of liberty. Coast Guard's two existing planes, Mr. TAUZIN. Mr. Chairman, I yield In Operation Desert Shield and Oper­ which are used by the Commandant, myself such time as I may consume. ation Desert Storm, Coast Guardsmen have surpassed their useful life and the Mr. Chairman, I take this time only were the first called up and they will cost of maintaining them has become to thank my colleague, the ranking mi­ be the last to return home. Coast prohibitive. As a member of the Joint nority member of the subcommittee, Guard enlisted and reserve personnel Chiefs of Staff, Admiral Kime must the gentleman from Texas [Mr. FIELDS] put some of their multimission exper­ have safe and reliable aircraft at his for his excellent statement and for his tise to work in this national defense ef­ immediate disposal. It is therefore es­ support and bipartisan work on this fort. They provided port safety and se­ sential . that the Coast Guard acquire bill, and all we do in our committee on curity, they supervised the loading and this new replacement plane. behalf of the U.S. Coast Guard. Not unloading of hazardous military cargo, Third, incorporated within H.R. 1776 only is the gentleman an excellent leg­ they participated in vessel boardings in is $52 million to implement various islator, but the cooperation he and his the Middle East, and once again, they 18838 CONGRESSIONAL RECORD-HOUSE July 18, 1991 used their oilspill response expertise in the user fee was supposed to bring in say that when they get that decal that combating the disaster unleashed by over a 5-year period. there must be a statement in there Saddam Hussein. The transportation of One of the problems that we have had saying, "You are not going to get any arms, supplies, and troops to the gulf with it is that this $754 million that benefit out of the fee that you have was the greatest logistic operation will be brought in by our true user fee paid." since World War II, and the Coast that we have found as a substitute is I think that makes sense, too, so that Guard was the linchpin of that success­ that the money does not start coming the public, the boating public will ful endeavor. All the while, the Coast in until the third, fourth, and fifth know in fact they are getting no bene­ Guard was doing its job at home. year, which means year No. l, which is fits out of this particular piece of legis­ This bill authorizes $3.1 billion to upon us now, and year No. 2, we do not lation. fund the various operations within the bring in any money. So it is our re­ Also the gentleman from Maryland Coast Guard. It contains a number of sponsibility to figure out a way to do [Mr. MCMILLEN] may offer an amend­ provisions that will assist the Coast that. ment, and I hope he does, an amend­ Guard in its internal operations. It also What we have done in our bill, which ment that says, "You cannot put a pen­ reflects the bipartisan cooperation that incidentally has unanimously been re­ alty on those people who fail to pur­ I am proud to say my committee is ported out of the full Committee on chase their decal until after October 31 noted for. Merchant Marine and Fisheries, what of this year," which I think also makes I strongly urge my colleagues to sup­ we have done is said, OK, we will have sense. port this necessary legislation. Let's to let the user fee go into effect for 2 We are going to find, frankly, that show the Coast Guard we support them, years, but at the end of the 2 years the what we did is not going to produce the whichever white hat they are wearing. user fee will be automatically elimi­ revenue. I think the revenue that was Mr. FIELDS. Mr. Chairman, I yield nated. supposed to be produced from the so­ such time as he may consume to the I know that there are a lot of Mem­ called user tax fee was going to be gentleman from Michigan [Mr. DAVIS]. bers that want to speak on the sense of around $124 million. The simple fact is, Mr. DAVIS. Mr. Chairman, I thank the Congress amendment that I will be we have not started yet to enforce or the gentleman for yielding this time to offering so I am suggesting that if their issue those decals until July 31 of this me. staff or if the Members are watching, year. So the point is a lot of people in First of all, let me congratulate the we will probably be finished with gen­ a lot of parts of the country are going chairman of the subcommittee, the eral debate very shortly and be ready to find that the boating season is half gentleman from Louisiana [Mr. TAU­ to go to that amendment very soon. I over with, they are not going to bother ZIN], and also the gentleman from just want to say a few things about to buy or pay the registration fee, not Texas [Mr. FIELDS], the ranking mem­ why this tax is an unjust, unfair tax. going to get the decal. And we are ber, who have done a superb job once First of all, what is a user fee? A user going to find we are not going to get in again of putting this legislation to­ fee is a fee that is normally charged near the amount of money that the gether. someone and they are going to get Committee on the Budget thought they The Coast Guard, of course, affects some benefit out of the fee. Such is not were going to get in. many people all over the country, and the case with what we did in regard to So I think it is time that we talk se­ what we do to assist the Coast Guard is the user fee. Not one penny of this riously about repealing this tax, this very helpful to a lot of people. money will go for any benefit of the fee. It is totally unfair, and I urge my Mr. Chairman, I' also want to con­ boaters in this country. So it is simply colleagues to join in this effort when gratulate my counterpart, the chair­ a tax that we added last year that will we get to it later on. man of the full committee, the gen­ be used to lower the deficit. Mr. TAUZIN. Mr. Chairman, I yield 2 tleman from North Carolina [Mr. We do not think that is fair. We did minutes to the gentleman from Massa­ JONES], who has come up again with a not pick on anybody else. We did not chusetts [Mr. STUDDS], the former very fine bill. pick on any other form of recreation. chairman of the Subcommittee on We singled out boaters, totally unfair. Coast Guard and Navigation. D 1110 That is why boaters all over the United Mr. STUDDS. Mr. Chairman, I will I want to talk, and I appreciate the States are complaining, not so much not take the time. I simply want to things that have been put in this bill to about the fact that the fee is going to commend the chairman of the full com­ take care of the problem with zebra be $25 to $100. It is a principle here. mittee, the gentleman from North mussels on the Great Lakes, the prob­ Why should we charge one rec­ Carolina, and the gentleman from Lou­ lem that I have had with the Coast reational industry a tax when we are isiana [Mr. TAUZIN] and the ranking Guard cutter Mackinaw, but I want to not charging any other industry? minority members. This bill will lead talk principally today about an amend­ As we are already aware, boaters did to a far stronger and healthier and ment that I am going to offer later on pay 9 cents in gasoline taxes. We added sounder Coast Guard. That is in the in­ which is a sense of the Congress another 5 cents last year. So they are terest of the Nation. amendment that we want to eliminate paying 14 cents and not getting their There are a great many provisions in the so-called boater user fee which is fair share of the money to be used for it. I think it reflects in large part the not really a boat user fee. It is in fact the industry. wisdom and commitment of the Coast an unjust tax. I will speak more to the amendment Guard, of its current Commandant, as We have introduced a bill, House bill when we get to it, but I think it is very well as the traditionally, characteris­ No. 534, which now is cosponsored by a significant and important that we tell tically, and appreciably bipartisan na­ majority of the Members of this House, the rest of the Members of this House ture of this committee and the sub­ 218 Members of this House want that and also the other body that it is our committee. I commend all those in­ boat user fee tax repealed. intent to pursue as fast as we can some volved. One of the requirements, of course, type of repealer legislation. Mr. Chairman, I rise in strong support of that when we make a decision to elimi­ I might also comment about a couple H.R. 1776, the Coast Guard Authorization Act nate any kind of a revenue producer, of other amendments that are going to of 1991, because it represents a very sound we have to come up with an offset. The be offered, which I think deserve our investment in the future of our Coast Guard. gentleman from Louisiana [Mr. TAU­ consideration, too. One is going to be Mr. Chairman, passage of this bill will mean ZIN] and the gentleman from Texas offered by our friend, the gentleman that the strength of the Coast Guard will in­ [Mr. FIELDS] have worked very hard, from Florida, Mr. PORTER Goss, which crease by over 1, 1 00 people; it will mean that and we have come up with an offset I think makes some sense. That is that the Coast Guard will have better boats and which in fact brings in about $30 mil­ when the Coast Guard issues the decal aircraft to save lives; it will mean that this lion more than the $720 million that to the people that are buying it, he will country will be better prepared to fight oilspills; July 18, 1991 CONGRESSIONAL RECORD-HOUSE 18839 and perhaps most important, it will mean that amendment introduced by the ranking minority· fenders to avoid payment by jumping through the men and women of the Coast Guard will member on the Merchant Marine Committee, several bureaucratic hoops, the point remains have improved health care, child care, and Mr. 0-AVIS, expresses the sense of Congress that this whole process will prove to be a other family services. that the Coast Guard user fees be repealed source of aggravation to the boating public. Adm. Bill Kime, Commandant of the Coast immediately. The second amendment, offered This is particularly important since very little Guard, deserves a lot of credit for working by my friend and colleague, Mr. MCMILLEN. will information has been made availabJe to date, with the administration and the Congress in delay the time when the Coast Guard can apart from the public notices included in the helping us shape this authorization bill. In begin to collect fines from those boaters who Federal Register. It is one thing to have a bad many respects this bill reflects his vision about failed' to pay the user fee. law .. it is another thing to implement it ir:i a way the future of the Coast Guard and his personal "User fee" is a misnomer. The revenue col­ which precludes CO"l>liance. concern about the well-being of the men and lected from recreational boaters across the Furthermore, an active effort is still under­ women under his command. country will not support Coast Guard prog,rams way to repeal the user fee. Should the repeal · The bill also contains a provision that would that they use, so why is it called a "user fee?" be successful, the enforcement measures will permit Mayflower II to do what Mayflowers are Instead. the revenue from this tax-a more prove to be not only an inconvenience to boat~ supposed to dcr-which is sail. Mayflower II is appropriate term-is placed in general trans­ ers, but also a waste of Coast Guard time and a replica of the original Mayflower owned and portation funds. This is unfair, and I see no money. operated by the Plimoth Plantation and exhib­ reason why boating should contribute more to Either way, an extended grace period ited at the State pier in Plymouth, MA. deficit reduction than any other recreational serves the public interest. Should the user fee The vessel was given to the United States activity. Moreover, Congressman DAVIS has in­ be repealed, we save both the Coast Guard by the people of Great Britain in appreciation troduced legislation, H.R. 534, which would and the public from an unnecessary and for American assistance during World War II. raise even more money than the tax on boat­ confrontational enforcement process. Should Because the ship is an exact replica of a 370- ers by establishing a fee on shipping compa­ this effort fail, the fees will be collected with no year-old vessel, it does not meet all the latest nies who access information from the Federal ultimate loss to the Treasury. Coast Guard safety and navigational require­ Maritime Commission. While I strongly support For those concerned by a possible loss of ments. our country's effort to reduce the dangerously revenue caused by this legislation, I would This bill authorizes the Coast Guard to work high deficits, let's not arbitrarily single out our point out that the bill in no way affects the fee with the Plantation to develop alternative safe­ Nation's boaters. structure or the collection of fees. It simply al­ ty requirements so that the vessel may receive Finally, in another issue of fairness, lefs lows a longer grace period for boaters before a certificate of documentation-with a coastwise delay the date that the Coast Guard can levy they woud be subject to a fine. This is time trade endorsement. This will enable the fines on boaters who have not paid the Coast which can be spent informing the boating pub­ Mayflower II to safely make a few short voy­ Guard tax. The deficit reduction bill which im­ lic of its obligations under the new Coast ages a year and participate in the tall ship plemented this tax was passed less than a Guard user fee law, and provide adequate celebrations, like the one planned next year to year ago, and the regulations implementing time to comply with the law-albeit a bad law. observe the 500th anniversary of Columbus' this law were issued less than a month ago. Mr. CLEMENT. Mr. Chairman, I rise in discovery of the American Indian. How can we expect the 4.1 million recreational strong support of H.R. 1776, the Coast Guard The bill will also help save the two precious boaters in this country to comply with a law Authorization Act for fiscal 1992. I would like lighthouses on Cape Cod and Nantucket Is­ they probably don't even know about? Al­ to commend our chairman, the gentleman land. Built in 1797 as the first lighthouse on though the Coast Guard has given boaters a from Louisiana [Mr. TAUZIN], as well as our Cape Cod, Cape Cod Light is one of our Na­ 1-month grace period to comply, this is not committee's ranking Republican, the gen­ tion's most historic and important lighthouses. enough. Vote for the McMillen amendment tleman from Texas [Mr. FIELDS], for their lead­ Originally run with 15 whale oil lamps, Cape and extend the grace period to October 1, ership in bringing this measure to the floor Cod Light became the first flashing beacon in 1991. today. North America. Unfortunately, we may lose Mr. MCMILLEN of Maryland. Mr. Chairman, Mr. Chairman, I would like to join with my this important part of our maritime history be­ the boaters of America receved a triple wham­ colleagues in saluting the Coast Guard men cause it is literally about to fall into the sea. my under last year's budget agreement. They and women who served in Operation Desert Sankaty Head Light Station is facing a simi­ got hit by a luxury tax, a gas tax, and a Coast Shield/Desert Storm. While they were less larly perilous future. Built in 1850 atop a 100- Guard user fee. This last point, the user fee, visible than some of the other services, the foot-high bluff on the eastern shore of Nan­ is turning out to be particularly burdensome. Coast Guard nonetheless performed an in­ tucket Island, this light, too, has just a few While I have substantive problems with the valuable strategic role in the operation and short years before it falls into the ocean. user fee itself, there is a practical problem of they did so admirably and with pride. The people of Cape Cod and Nantucket implementation which needs to be addressed. I have the distinguished honor of serving as want these lighthouses saved and are willing The amendment I offer today will provide an vice chairman of the Coast Guard Subcommit­ to put their time and money to make sure that extra 2-month grace period for the Nation's tee. As the representative of an inland district, they are. But they need the help and expertise boaters before they are subject to fines for not I have had the opportunity to learn of the im­ of the Coast Guard. This bill directs the Coast having the proper decal on their boat. portant role the Coast Guard performs on our Guard to develop a strategy regarding the Under this amendment, the implementation inland waterways. For the benefit of inland preservation and possible relocation of Cape of the law will not be affected-its effective water operators and recreational boaters, this Cod Lighthouse and Sankaty Head Light Sta­ date remains June 3~and the fee structure bill continues the active and vital role of the tion. is not altered at all. Coast Guard in maintaining navigational aids, Finally, H.R. 1776 authorizes the Coast However, the fines for not obtaining the boat and vessel safety, search and rescue, Guard to enter into long-term leases with the proper stamps will not be effective until Octo­ and pollution prevention and mitigation. Commonwealth of Massachusetts to acquire a ber 31, instead of the current date of August From the many comments I have received site at the Massachusetts Military Reservation 31. These fines can run upward of $5,000. from my constituents, I can attest to the re­ on Cape Cod for the construction and renova­ The need for this legislation is self-evident. sponsiveness of the 2d Coast Guard District to tion of family housing. There is a severe hous­ Besides the fact that the fee is unpopular the issues and problems raised by industries ing crunch in our area and this bill will make among boaters, the short time frame in which and operators along the Cumberland River. I it possible for the Coast Guard to provide new to obtain the proper certification without being want to commend Adm. William Ecker, com­ and better housing for families. liable for fines in unrealistic. With 4 million mander of the second district, and the men Mr. Chairman, this is a good bill and enact­ boaters, and one centralized point of distribu­ and women under his command for their fine ment of this legislation will result in a stronger, tion, it is highly unlikely that-logistically-4 service. I trust that the second district is rep­ healthier, and better equipped Coast Guard million fees can be paid and the decals distrib­ resentative of all the Coast Guard districts and I urge my colleagues to support it. uted within the next 6 weeks. It just won't hap­ across the Nation. Mr. HOYER. Mr. Chairman, today I rise in pen. Mr. Chairman, I urge support of the bill. support of two amendments offered to the Although the fee will be phased in, and an Mr. RANGEL. Mr. Chairman, I am pleased Coast Guard authorization bill. The first opportunity will be provided for first time of- to support H.R. 1776, Coast Guard Authoriza- 18840 CONGRESSIONAL RECORD-HOUSE July 18, 1991 tion Act of 1991. This bill provides authoriza­ If not, the Clerk will designate sec­ duty personnel of 39,559. The authorized tions for fiscal year 1992 for important pro­ tion 2. strength does not include members of the Ready grams of the Coast Guard including operation The text of section 2 and the remain­ Reserve called to active duty under section 712 der of the committee amendment in of title 14, United States Code. and maintenance, acquisition, construction (b) For Fiscal Year 1992, the Coast Guard is and improvements, research and develop­ the nature of a substitute, as modified, authorized average military training student ment, and retirement benefits for Coast Guard is as fallows loads as fallows: personnel. The bill does not contain any major SEC• .!. AUTHORIZATION OF APPROPRIATIONS. (1) For recruit and special training, 2,653 stu­ new antidrug initiatives, but it does allow for Funds are authorized to be appropriated, to dent years. the continuation of important Coast Guard be available until expended, for necessary ex­ (2) For flight training, 110 student years. drug enforcement activities and it makes pos­ penses of the Coast Guard for Fiscal Year 1992, (3) For professional training in military and as follows: civilian institutions, 362 student years. sible several management initiatives designed (4) For officer acquisition, 878 student years. to improve the effidancy of the Coast Guard. (a) OPERATIONS AND MAINTENANCE.-For the operation and maintenance of the Coast Guard, SEC. 4. TRANSFER OF AUTHORITY FROM THE SBC· The Coast Guard has a proud history dating $2,570,000,000, of which $500,000 shall be used to RETARY OF TRANSPORTATION TO back to 1790, when it was formed as the reve­ THE SECRETARY OF THE NAVY UPON implement the Nonindigenous Aquatic Nuisance THE TRANSFER OF THB COAST nue marine to inforce the customs laws of our Prevention and Control Act of 1990, (Public Law GUARD TO THB NAVY. Nation. The Coast Guard was part of the De­ 101-646), and $35,000,000 shall be expended from Not later than 90 days after enactment of this partment of the Treasury until 1967, at which the Boat Safety Account. Act, the Secretary of Transportation shall sub­ time it was transferred to the Department of (b)(l) ACQUISITION, CONSTRUCTION, AND ]M­ mit to Congress a report on the functions, pow­ Transportation. The Coast Guard functions PROVEMENTS.-For the acquisition, construc­ ers, and duties vested in the Secretary of Trans­ under the control of the Navy in time of war, tion, rebuilding, and improvement of aids to portation and exercised through delegation to navigation, shore and offshore facilities, vessels, the Commandant of the Coast Guard that would and in fact, the Coast Guard participated in sonar simulators, and aircraft, including equip­ the blockade of Iraqi shipping during the re­ be transferred to the Secretary of the Navy ment related thereto, $446,000,000, of which when the Coast Guard operates as a service in cently concluded Persian Gulf war. $29,000,000 shall be used to acquire a new com­ the Navy under section 3 of title 14, United The Anti-Drug Abuse Acts of 1986 and 1988 mand and control aircraft, and $14,000,000 of States Code. expanded the Coast Guard's role in water­ which shall be used to renovate the Coast Guard SEC. 6. ENUSTED PERSONNEL BOARDS borne and airborne marine drug interdiction. Cutter Mackinaw. (a) Section 357 of title 14, United States Code, The Maritime Drug Enforcement Act author­ (2) Funds authorized to be appropriated for is amended to read as fallows: izes the Coast Guard to search or seize any the construction of a new seagoing buoy tender "(a) Enlisted Personnel Boards shall be con­ (WLB) may not be expended for the acquisition vened as the Commandant may prescribe to re­ vessel that is manufacturing, distributing, or of oil recovery SYstems unless those systems are possessing with the intent to manufacture or view the records of enlisted members who have manufactured in the United States and only twenty or more years of active military service. distribute any controlled substance in the Unit­ pursuant to competitive bidding based on per­ "(b) Enlisted members who have twenty or ed States. t ormance specification and cost. more years of active military service may be con­ Major provisions of H.R. 1776 require the (3) Funds authorized to be appropriated for sidered by the Commandant for involuntary re­ Secretary of Transportation to report to Con­ the acquisition of a new aircraft may be used tirement and may be retired on recommendation gress on any duties that would be transferred only to procure an aircraft manufactured in the ofaBoard- to the Secretary of the Navy in a national United States. Notwithstanding another law, "(l) because the member's performance is the Coast Guard may transfer the current com­ emergency; provides for right of appeal to the below the standards the Commandant pre­ mand and control aircraft to the manufacturer scribes; or commandant of the Coast Guard for career of any newly acquired aircraft in exchange for "(2) because of professional dereliction. Coast Guard personnel who are being involun­ a reduction in the price of the aircraft to be ac­ "(c) An enlisted member under review by the tarily retired; and authorizes the Secretary of quired. Board shall be- Transportation to provide special pay for (c) RESEARCH AND DEVELOPMENT.-For re­ "(1) notified in writing of the reasons the Coast Guard personnel in positions of unusual search, development, test, and evaluation, member is being considered for involuntary re­ $28,800,000. tirement; responsibility. "(2) allowed sixty days from the date on Mr. Chairman, I salute the Coast Guard for (d) RETIRED PAY.-For retired pay (including the payment of obligations otherwise chargeable which counsel is provided under paragraph (3) the important contribution it has made to to lapsed appropriations for this purpose), pay­ to submit any matters in rebuttal; America's national antidrug control strategy. ments under the Retired Serviceman's Family "(3) provided counsel, certified under section Looking for drug smugglers on the high seas Protection and Survivor Benefit Plans, and pay­ 827(b) of title 10, to help prepare the rebuttal and in the air is hazardous, often monotonous ments for medical care of retired personnel and submitted under paragraph (2) and to represent duty, but it is important. I urge my colleagues their dependents under chapter 55 of title 10, the member before the Board under paragraph to support this legislation. United States Code, $487,700,000. (5); (e) ALTERATION OF BRIDGES.-For alteration "(4) allowed full access to and furnished cop­ Mr. FIELDS. Mr. Chairman, I have ies of records relevant to the consideration for no further requests for time, and I or removal of bridges over navigable waters of the United States constituting obstructions to involuntary retirement prior to submission of yield back the balance of my time. navigation, and for personnel and administra­ the rebuttal submitted under paragraph (2); and Mr. TAUZIN. Mr. Chairman, I have tive costs associated with the Bridge Alteration "(5) allowed to appear before the Board and no further requests for time, and I Program, $10,200,000. present witnesses or other documentation relat­ yield back the balance of my time. (f) ENVIRONMENTAL COMPLIANCE AND RES­ ed to the review. "(d) A Board convened under this section The CHAffiMAN. Pursuant to the TORATION.-For environmental compliance and shall consist of at least three commissioned offi­ restoration at Coast Guard facilities, $25,100,000. rule, the committee amendment in the cers, at least one of whom shall be of the grade (g) OIL POLLUTION ACT OF 1990.-0f the nature of a substitute, now printed in of commander or above. the reported bill, as modified by the amounts authorized for Coast Guard operations "(e) A Board convened under this section amendment printed in section 2 of and maintenance and acquisition, construction, shall recommend to the Commandant enlisted and improvement, the following amounts shall members who- House Resolution 196, shall be consid­ be derived from trans/er from the Oil Spill Li­ ered by sections as an original bill for "(1) have twenty or more years of active serv­ ability Fund for implementation of the Oil Pol­ ice; the purpose of amendment, and each lution Act of 1990 (Public Law 101-380; 104 Stat. "(2) have been considered for involuntary re­ section is considered as read. 484): tirement; and The clerk will designate section 1. (1) $25,000,000 for operating expenses; and "(3) it determines should be involuntarily re­ The text of section 1 is as follows: (2) $30,000,000 to establish the National Re­ tired. Be it enacted by the Senate and House of Rep­ sponse System under section 311(j) of the Fed­ "(f) After the Board makes its determination, resentatives of the United States of America in eral Water Pollution Control Act (33 U.S.C. each enlisted member the Commandant consid­ Congress assembled, 132l(j)), including the purchase and ers for involuntary retirement shall be- SECTION 1. SHORT TITLE. prepositioning of oil spill removal equipment. "(1) notified by certified mail of the reasons This Act may be cited as the "Coast Guard SEC. 3. AUTHORIZED LEVELS OF MILITARY the member is being considered for involuntary STRENGTH AND MIUTARY TRAINING Authorization Act of 1991 ". retirement; FOR FISCAL YEAR 1992 "(2) allowed sixty days from the date counsel The CHAIRMAN. Are there any (a) As of September 30, 1992, the Coast Guard is provided under paragraph (3) to submit any amendments to section 1? is authorized an end-of-year strength for active matters in rebuttal; July 18, 1991 CONGRESSIONAL RECORD-HOUSE 18841 "(3) provided counsel, certified under section Coast Guard housing. The report shall examine (9) One member representing licensed mer­ 827(b) of title JO, to help prepare the rebuttal the Coast Guard's current housing problems, chant mariners, other than pilots, who perform submitted under paragraph (2); and long term housing needs, and estimate projected shipboard duties on vessels which utilize the "(4) allowed full access to and furnished cop­ housing costs needed to relieve the current port facilities of Galveston and Houston. ies of records relevant to the consideration for housing problems. (10) One member representing environmental involuntary retirement prior to submission of SEC. 11. TWO-YEAR BUDGEI' CYCLE FOR THE interests. the rebuttal submitted under paragraph (2). COAST GUARD. (11) One member representing the general pub­ "(g) If the Commandant approves the Board's Notwithstanding another law, the President is lic. recommendation, the enlisted member shall be not required to submit a 2-year budget request (c) APPOINTMENT.-The Secretary shall ap­ notified of the Commandant's decision and shall for the Coast Guard until the President is re­ point the members of the Committee after first be retired from the service within 90 days of the quired to submit a 2-year budget request for the soliciting nominations by notice published in the notification. Department of Transportation. Federal Register. The Secretary may request the "(h) An enlisted member, who has completed SEC. 12. NORTH CAROUNA MARITIME MUSEUM. head of any other Federal agency or department twenty years' service and who the Commandant Notwithstanding section 3301 (8) of title 46, to designate a representative to advise the Com­ has involuntarily retired under this section, United States Code, the General Greene, (vessel mittee on matters within the jurisdiction of that shall receive retired pay. identification number USG NP5000025661), may agency or department. "(i) An enlisted member voluntarily or invol­ transport not more than 16 passengers when the (d) CHAIRMAN AND VICE CHAIRMAN.-The untarily retired after twenty years' service who North Carolina Maritime Museum operates the Committee shall elect, by majority vote at its was cited for extraordinary heroism in the line vessel for educational purposes. first meeting, one of the members of the Commit­ of duty shall be entitled to an increase in retired SEC. 13. HOUSTON-GALVESTON NAVIGATION tee as the chairman and one of the members as pay. The retired pay shall be increased by JO SAFETY ADVISORY COMMITTEE. the vice chairman. The vice chairman shall act percent of- (a) ESTABLISHMENT AND CONSULTATION.-(]) as chairman in the absence or incapacity of, or "(1) the active-duty pay and permanent addi­ There is established a Houston-Galveston Navi­ in the event of a vacancy in the Office of the tions of the grade or rating with which retired gation Safety Advisory Committee (hereinafter Chairman. when the member's retired pay is computed referred to as the "Committee"). The Committee (e) MEMBERSHIP TERM.-Terms of members under section 423(a) of this title; or shall advise, consult with, and make rec­ appointed to the Committee shall be for two "(2) the member's retired pay base under sec­ ommendations to the Secretary of the depart­ years. The Secretary shall, not less often than tion 1407 of title 10, when a member's retired pay ment in which the Coast Guard is operating once a year, publish notice in the Federal Reg­ is computed under section 423(b) of this title. ister for solicitation of nominations for member­ "(j) When the Secretary orders a reduction in (hereinafter in this part referred to as the "Sec­ ship on the Committee. force, enlisted personnel may be involuntarily retary") on matters relating to the transit of separated from the service without the Board's vessels and products to and from the Ports of (f) COMMITTEE ADMINISTRATION.-Members of action.". Galveston, Houston, Texas City, and Galveston the Committee who are not officers or employees (b) The catchline to section 357 of title 14, Bay. The Secretary shall, whenever practicable, of the United States shall serve without pay and United States Code, is amended to read "357. In­ consult with the Committee before taking any members of the Committee who are officers or voluntary retirement of enlisted members.", and significant action related to navigation safety at employees of the United States shall receive no item 357 in the analysis to chapter 11 of title 14, these port facilities. Any advice or recommenda­ additional pay on account of their service on United States Code, is amended to read "357. In­ tion made by the Committee to the Secretary the Committee. While away from their homes or voluntary retirement of enlisted members.". shall reflect the independent judgment of the regular places of business, members of the Com­ Committee on the matter concerned. mittee may not be allowed travel expenses, in­ SEC. 6. AUTHORITY TO ACCEPT COURT-ORDERED COMMUNITY SERVICE. (2) The Committee is authorized to make cluding per diem in lieu of subsistence, as au­ available to Congress any information, advice, Section 93 of title 14, United States Code, is thorized by section 5703 of title 5, United States and recommendations that the Committee is au­ amended by- Code. thorized to give to the Secretary. The Committee (1) striking the word "and" at the end of sub­ (g) The term of members of the Committee section (q); shall meet at the call of the Secretary, but in shall begin on October 1, 1992. (2) striking the period at the end of subsection any event not less than once during each cal­ SEC. 14. VESSEL REQUIREMENTS. (r) and inserting ";and"; and endar year. All matters relating to or proceed­ Section 3503 of title 46, United States Code, is (3) adding the following new subsection: ings of the Committee shall comply with the amended as follows: Federal Advisory Committee Act (5 App. U.S.C.). "(s) accept, under terms and conditions the (1) in subsection (a), by striking "November 1, (b) MEMBERSHIP.-The Committee shall con­ Commandant establishes, the service of an indi­ 1993" and inserting "November l, 1998"; and sist of 18 members, who have particular exper­ vidual ordered to perform community service (2) in subsection (b)(J): tise, knowledge, and experience regarding the under the order of a Federal, State, or munici­ (A) by striking the period at the end of sub­ transportation, equipment, and techniques that pal court.". paragraph (C) and inserting ";and"; and are used to ship cargo and to navigate vessels in SEC. 7. HOUSING UNIT LEASE AUTHORITY. (B) by adding the following new subpara­ the inshore and the offshore waters of the Gulf graph: (a) The Commandant of the Coast Guard may of Mexico. enter into a lease for a minimum period of 30 (1) Two members who are employed by the "(D) the owner or managing operator of the years with option to renew at the discretion of Port of Houston Authority or have been selected vessel shall notify the Coast Guard of structural the Commandant to acquire a site at the Massa­ by that entity to represent them. alterations to the vessel, and with regard to chusetts Military Reservation on Cape Cod, (2) Two members who are employed by the those alterations comply with any non-combus­ Massachusetts. Port of Galveston or the Texas City Port Com­ tible material requirements that the Coast Guard (b) Any lease under this section is effective plex or have been selected by those entities to prescribes consistent with preservation of the only to the extent that amounts are provided for represent them. historic integrity of the vessel.". in appropriations laws. (3) Two members from organizations that rep­ SEC. 15. REIMBURSEMENT FOR PRESIDENTIAL (c) The Coast Guard may spend appropriated resent shipowners, stevedores, shipyards, or PROTECTION. amounts for the construction and renovation of shipping organizations domiciled in the State of (a) Not later than three months after the date housing units at the site leased under subsection Texas. of enactment of this Act, and annually there­ (a). (4) Two members representing organizations after as long as it is appropriate, the Secretary SEC. 8. COAST GUARD ACADEMY ADVISORY COM­ that operate tugs or barges that utilize the port of Transportation shall request reimbursement MITTEE TERMINATION DATE. facilities at Galveston, Houston, and Texas City from the Secretary of Treasury for all Coast Section 193 of title 14, United States Code, is Port Complex. Guard costs incurred in Fiscal Year 1991 and amended by striking at the end "September 30, (5) Two members representing shipping com­ thereafter in providing security for the Presi­ 1992", and inserting "September 30, 1994". panies that transport cargo from the Ports of dent and his family at or near Kennebunkport, SEC. 9. AMENDMENT TO THE VESSEL BRIDGE-TO· Galveston and Houston on liners, break bulk, or Maine. BRIDGE RADIOTELEPHONE ACT OF tramp steamer vessels. (b) If the Secretary of Transportation does not 1971. (6) Two members representing those who pilot receive reimbursement for all Coast Guard costs, Section 4(a)(l) of the Vessel Bridge-to-Bridge or command vessels that utilize the Ports of Gal­ the Secretary shall immediately notify the Con­ Radiotelephone Act of 1971 (33 U.S.C. 1203) is veston and Houston. gress of that fact and the reasons for amended to read as follows: (7) Two at-large members who may represent non reimbursement. "(J) every power-driven vessel of twenty me­ a particular interest group but who utilize the (c) For the purposes of this Act and the Presi­ ters or over in length while navigating;". port facilities at Galveston, Houston, and Texas dential Protection Assistance Act (18 U.S.C. 3056 SEC. 10. COAST GUARD HOUSING STUDY. City. note), the services provided by the Coast Guard Not later than 6 months after the date of en­ (8) One member representing labor organiza­ for protecting the President and his family at or actment of this Act, the Secretary of Transpor­ tions which load and unload cargo at the Ports near Kennebunkport, Maine, may not be tation shall submit to Congress a report on of Galveston and Houston. deemed to be temporary. 18842 CONGRESSIONAL RECORD-HOUSE July 18, 1991 SBC. 16. TRANSPORTATION OF HOUSEHOLD EF­ veyed, which are active aids to navigation, shall the Interior, appropriate State, local, and other FECTS OF COAST GUARD CADETS. continue to be operated and maintained by the governmental entities, and private preservation Section. 406(b)(2)(E) of title 37, United States United States; groups, shall develop a strategy regarding the Code, is amended to read as follows: (B) the State of New Jersey may not interfere relocation, ownership, maintenance, operation, "(E) Under regulations prescribed by the Sec­ or allow interference in any manner with such and use of Cape Cod Lighthouse (otherwise retary of Defense, or the Secretary of Transpor­ aids to navigation without express written per­ known as "Highland Light") in North Truro, tation for the Coast Guard when it is not oper­ mission from the United States. Massachusetts, and Sankaty Head Light Station ating as a service in the Navy, cadets at the (C) there is reserved to the United States the in Nantucket, Massachusetts. United States Military Academy, the United right to relocate, replace, or add any aids to (2) DETERMINATIONS REGARDING CONVEY­ States Air Force Academy, and the United navigation or make any changes on any portion ANCE.-In developing the strategy, the Secretary States Coast Guard Academy, and midshipmen of such property as may be necessary for navi­ shall determine whether and under what condi­ at the United· States Naval Academy shall be en­ gation purposes; tions it would be appropriate to convey the titled, in connection with temporary or perma­ (D) the United States shall have the right, at rights, title, and interest of the United States in nent station change, to transportation of bag­ any time, to enter such property without notice Cape Cod Lighthouse and Sankaty Light Sta­ gage and household effects as; pravided in sub­ for the purpose of maintaining navigation aids; tion to other Federal, State, or local government paragraph (A) of this paragraph. The weight al­ and agencies or private preservation groups. lowance for cadets and· midshipmen is 350· (E) the United States shall have an easement (3) ADDITION OF CAPE COD LIGHTHOUSE TO NA­ pounds.". of access to such property for the purpose of TIONAL SEASHORE.-In preparing the strategy SBC. 11. SPECIAL PAY; maintaining the navigational aids in use on the with respect to Cape Cod Lighthouse, the Sec­ (a) Section 306(a) of ti'tle 37, United States property. retary shall consult with the Director of the Na­ Code, is amended by- (4) LIMITATION ON OBLIGATIONS OF STATE.­ tional Park Service to determine whether the (1) striking "of pay grade 0-3, 0--4, 0--5, or 0- The State of New Jersey shall not have any obli­ lighthouse should become part of the National 6" and inserting, "of pay grade 0-6' or below"; gation to maintain any active aid to navigation Park at Cape Cod National Seashore. and equipment on property conveyed. pursuant to (4) CONSISTENCY WITH OTHER LAW AND EF­ (2) deleting the chart and inserting in its place this section. FORTS.-Any strategy developed under this sec­ the fallowing chart: (d) DEFINITION.- tion shall be consistent with- For purf)-Oses of this section- ( A) the provisions of the National Historic ( A) the term "Cape May Point Lighthouse" Preservation Act (16 U.S.C. 470 et seq.) and "Pay gTade Monthly rate means the Coast Guard lighthouse located at other applicable laws; and Cape May, New Jersey, including the attached (B) the goal of interpreting and preserving 0--0 ...... $150 keeper's dwelling, several ancillary buildings, ~ ...... JOO material culture of the United States Coast 0--4 and below ...... 50". and associated fog signal, and such land as may Guard. be necessary to enable the State of New Jersey (b) CONVEYANCE.-After completion of the (b) Section 306(c) of title 37, United States to operate at that lighthouse a nonprofit center strategy under subsection (a), the Secretary of Code, is amended by striking "in pay grade 0- for public benefit for the interpretation and Transportation may convey, by an appropriate 3," and inserting "in each of the pay grades 0- preservation of the material culture of the Unit­ means, all right, title, and interest of the United 3 and below,". ed States Coast Guard and the maritime history States in either or both of Cape Cod Lighthouse SEC. 18. DESIGNATION OF THE BORDEAUX. RAIL­ of Cape May, New Jersey; and and Sankaty Head Light Station to one or more ROAD BRIDGE AS AN OBSTRUCTION (B) the term "Secretary" means the Secretary Federal, State, or local government agencies or TO NAVIGATION. of the department in which the Coast Guard is appropriate nonprofit private preservation Notwithstanding another law, the Bordeaux operating. groups. Any conveyance under this subsection Railroad Bridge at mile 185.2 of the Cumberland SEC. 21. NATIONAL BOATING SAFETY ADVISORY shall be made- River is deemed an unreasonable obstruction to COUNCIL. (1) without payment of consideration; navigation. Section 13110(e) of title 46, United States Code, (2) subject to appropriate terms and conditions SEC. 19. NEW CONSTRUCTION DECLARATION. is amended by striking "September 30, 1991" and as the Secretary of Transportation considers The vessel, Sea Falcon, United States official inserting "September 30, 1996". necessary; and number 606930, is deemed to have been built in SEC. 22. SHIP SHOAL LIGHTHOUSE TRANSFER. (3) subject to the condition that if the terms the year 1990 for all purposes of subtitle II of Notwithstanding another law, the Secretary and conditions established by the Secretary are title 46, United States Code. of Transportation shall transfer without consid­ not met, the property conveyed shall revert to SEC. 20. CONVEYANCE OF CAPE MAY POINT eration to the City of Berwick, Louisiana all the United States. LIGHTHOUSE. rights, title, and interest of the United States in SBC. 26. OIL POLLUTION REPORT. (a) CONVEYANCE OF LIGHTHOUSE.- the aid to navigation structure known as the Not later than 1 year after the date of enact­ (1) AUTHORIZATION.-The Secretary may con­ Ship Shoal Lighthouse, Louisiana. ment of this Act, the Secretary of Transf)-Or­ vey to the State of New Jersey, by any appro­ SEC. 23. CERTIFICATE OF DOCUMENTATION FOR tation shall report to Congress on the effect of priate means of conveyance, all right, title, and MAYFWWBR II. section 1018 of the Oil Pollution Act of 1990 interest of the United States in and to property (a) Notwithstanding section 27 of the Mer­ (Public Law 101-380; 104 Stat. 484) on the safety comprising the Cape May Point Lighthouse. chant Marine Act, 1920 (46 App. U.S.C. 883) and (2) DESCRIPTION OF PROPERTY.-The Secretary of vessels being used to transport oil and the ca­ section 12106 of title 46, United States Code, the pability of owners and operators to meet their may identify, describe, and determine the prop­ Secretary of Transportation may issue a certifi­ legal obligations in the event of an oil spill. erty to be conveyed pursuant to this section. (b) TERMS AND CONDITIONS.- cate of documentation with appropriate en­ Mr. TAUZIN (during the reading). (1) IN GENERAL.-A conveyance of property dorsement for employment in the coastwise trade Mr. Chairman, I ask unanimous con­ pursuant to this section shall be made- of the United States for the vessel Mayflower II, owned by Plimoth Plantation, Inc. (a corpora­ sent that the remainder of the commit­ ( A) without the payment of consideration; tee amendment in the nature of a sub­ and tion under the laws of the Commonwealth of (B) subject to such terms and conditions as Massachusetts). stitute, as modified, be printed in the the Secretary may consider appropriate. (b) The Secretary of Transportation may ex­ RECORD and open to amendment at any (2) REVERSIONARY INTEREST.-In addition to empt the vessel Mayflower II from compliance point. any term or condition established pursuant to with- The CHAIRMAN. Is there objection paragraph (1), any conveyance of property pur­ (1) any requirement relating to inspection or to the request of the gentleman from suant to this section shall be subject to the con­ safety under title 46, United States Code; and (2) any requirement relating to navigation Louisiana? dition that all right, title, and interest in and to Mr. GRADISON. Mr. Chairman, re­ all such property so conveyed shall immediately under any law codified in title 33, United States revert to the United States if the property, or Code; and require instead that the vessel comply serving the right to object, I would in­ any part thereof, ceases to be used as a non­ with an alternative requirement established by quire of the distinguished gentleman profit center for public benefit for the interpre­ the Secretary that the Secretary determines will from Louisiana what the purpose is of tation and preservation of the material culture ensure the safety of the passengers and crew of his request? of the United States Coast Guard and the mari­ the vessel. Mr. TAUZIN. Mr. Chairman, will the time history of Cape May, New Jersey. SEC. 24. CAPE COD LIGHTHOUSE AND SANKATY gentleman yield? (3) AIDS TO NA VIGATION.-Any conveyance of HEAD LIGHT STATION. Mr. GRADISON. I yield to the gen­ property pursuant to this section shall be sub­ (a) STRATEGY.- ject to such conditions as the Secretary consid­ (1) IN GENERAL.-Not later than 6 months tleman from Louisiana. ers to be necessary to assure that- after the date of the enactment of this Act, the Mr. TAUZIN. Mr. Chairman, I have ( A) the light, antennas, sound signal, and as­ Secretary of Transportation, in consultation made this request only so that we can sociated equipment located on the property con- with the Secretary of the Army, the Secretary of take amendments in the order in which July 18, 1991 CONGRESSIONAL RECORD-HOUSE 18843 Members appear to offer those amend­ to as the "Secretary") on a wide range of vote at its first meeting, a chairman and ments rather than by title since some matters regarding all facets of navigational vice chairman from its membership. The vice Members may not be here at the safety related to the Lower Mississippi chairman shall act as chairman in the ab­ River. The Secretary shall, whenever prac­ sence or incapacity of, or in the event of a present moment to offer their amend­ ticable, consult with the Committee before vacancy in, the Office of the Chairman. ment. It is just a matter of courtesty taking any significant action related to (e) MEMBERSHIP TERM.-Terms of members to Members. navigation safety in the Lower Mississippi appointed to the Committee shall be two If the gentleman has a problem with River. Any advice or recommendation made years. The Secretary shall, not less than that, I will be happy to withdraw the by the Committee to the Secretary shall re­ once a year, publish notice in the Federal request. flect the independent judgment of the Com­ Register for solicitation of nominations for Mr. SOLOMON. Mr. Chairman, will mittee on the matter concerned. membership on the Committee. the gentleman yield? (2) The Committee is authorized to make (f) COMMITTEE ADMINISTRATION.-Members available to Congress any information, ad­ of the Committee who are not officers or em­ Mr. GRADISON. I yield to the gen­ vice, and recommendations which the Com­ tleman from New York. ployees of the United States shall serve mittee is authorized to give the Secretary. without pay and members of the Committee Mr. SOLOMON. Mr. Chairman, I The Committee shall meet at the call of the who are officers or employees of the United would just say that I do have two Chairman, or upon request of the majority of States shall receive no additional pay on ac­ amendments pending, and I think the committee members, but in any event not count of their service on the Committee. ranking member of the full committee less than once during each calendar year. All While away from their homes or regular does, and we have been waiting here a matters relating to or proceedings of the place of business, members of the Committee long time. We would like to have our Committee shall comply with the Federal may be allowed travel expenses, including amendments brought up for those of us Advisory Committee Act (5 App. U.S.C.). per diem in lieu of subsistence, as authorized (b) MEMBERSHIP.-The Committee shall by section 5703 of title 5, United States Code. that got over here in due process. consist of twenty four members who have ex­ The CHAIRMAN. Is there objection pertise, knowledge, and experience regarding Mr. TAUZIN (during the reading). to the request of the gentleman from the transportation, equipment, and tech­ Mr. Chairman, I ask unanimous con­ Louisiana? niques that are used to ship cargo and to sent that the amendment be considered Mr. TAUZIN. Mr. Chairman, I will be navigate vessels on the Lower Mississippi as read and printed in the RECORD. happy to withdraw the unanimous-con­ River and its connecting navigable water­ The CHAIRMAN. Is there objection ways including the Gulf of Mexico. sent request. (1) Five members representing River Port to the request of the gentleman from The CHAIRMAN. The gentleman Authorities between Baton Rouge, Louisiana Louisiana? withdraws his request. and the head of passes of the Lower Mis­ There was no objection. Are there any amendments to section sissippi River, of which one member shall be Mr. TAUZIN. Mr. Chairman, this 2? from the Port of St. Bernard and one mem­ amendment will permanently establish PARLIAMENTARY INQUIRY ber from the Port of Plaquemines. a lower Mississippi River Waterway Mr. FIELDS. Mr. Chairman, I have a (2) Two members representing vessels own­ ers or ship owners domiciled in the State of Advisory Committee. Currently there parliamentary inquiry. Louisiana. is a committee established at the re­ The CHAIRMAN. The gentleman will (3) Two members representing organiza­ quest of the Coast Guard to advise state his parliamentary inquiry. tions which operate harbor tugs or barge them on waterway and safety issues on Mr. FIELDS. Mr. Chairman, I do not fleets in the geographical area covered by the lower Mississippi River. believe the gentleman did withdraw his the committee. The committee will consist of 24 unanimous-consent request. (4) Two members representing companies members with particular expertise, Mr. TAUZIN. Mr. Chairman, I will be which transport cargo or passengers on the navigable waterways in the geographical knowledge, and experience regarding happy to restate it, if we do not have areas covered by the committee. the transportation, equipment, and an objection. (5) Three members representing State techniques that are used to ship cargo The CHAIRMAN. It was the impres­ Commissioned Pilot organizations, with one and to navigate vessels on the lower sion of the Chair that there was objec­ member each representing the New Orleans/ Mississippi River and its connecting tion to the unanimous-consent request Baton Rouge Steamship Pilots Association, navigable waterway use including the of the gentleman from Louisana. the Crescent River Port Pilots Association, Gulf of Mexico. Will the gentleman from Louisiana and the Associated Branch Pilots Associa­ tion. The costs of the current advisory restate his unanimous-consent request? (6) Two at large members who utilize water committee is very minimal and the es­ Mr. TAUZIN. Mr. Chairman, I will transportation facilities located in the geo­ tablishment of a permanent committee again make a unanimous-consent re­ graphical area covered by the committee. should not increase the amount of ex­ quest that the remainder of the com­ (7) Three members representing consum­ penses. The current expenses are mittee amendment in the nature of a ers, shippers, or importers/exporters that around $1,800 annually for actual travel substitute be printed in the RECORD utilize vessels which utilize the navigable waterways covered by the committee. reimbursements. and open to amendment at any point. This amendment makes little change The CHAIRMAN. Is there objection (8) Two members representing those li­ censed merchant mariners, other than pilots, in the current charter agreement of the to the request of the gentleman from who perform shipboard duties on those ves­ committee. The most significant Louisiana? sels which utilize navigable waterways cov­ changes is that it gives the authority There was no objection. ered by the committee. to the committee instead of the Coast (9) One member representing an organiza­ Guard to elect a chairman and vice 0 1120 tion that serves in a consulting or advisory AMENDMENT OFFERED BY MR. TAUZIN capacity to the maritime industry. chairman. Mr. TAUZIN. Mr. Chairman, I offer (10) One member representing an environ­ The CHAIRMAN. Is there further de­ an amendment. mental organization; and bate on the amendment? (11) One member representing the general If not, the question is on the amend­ The Clerk read as follows: public. Amendment offered by Mr. TAUZIN: At the ment offered by the gentleman from (c) APPOINTMENT.-The Secretary shall ap­ [Mr. end of the bill, at the following new section: point the members of the Committee upon Louisiana TAUZIN]. SEC•• LOWER MISSISSIPPI RIVER WATERWAY recommendation after first soliciting nomi­ The amendment was agreed to. ADVISORY COMMITl'EE. nations by notice in the Federal Register. AMENDMENT OFFERED BY MR. JONES OF NORTH (a) ESTABLISHMENT AND CONSULTATION.-(!) The Secretary may request the head of any CAROLINA There is established a Lower Mississippi other Federal agency or department to des­ Mr. JONES of North Carolina. Mr. River Waterway Advisory Committee (here­ ignate a representative to advise the Com­ Chairman, I offer an amendment. inafter referred to as the "Committee"). The mittee on matters within the jurisdiction of Committee shall advise, consult with, and that agency or department, who shall not be The Clerk read as follows: make recommendations to the Secretary of a voting member of the Committee. Amendment offered by Mr. JONES of North the department in which the Coast Guard is (d) CHAIRMAN AND VICE CHAIRMAN.-The Carolina: At the end, add the following new operating (hereinafter in this part referred Committee shall annually elect, by majority section: 18844 CONGRESSIONAL RECORD-HOUSE July 18, 1991 "SEC. • PASSENGER VESSEL INVESTIGATIONS. My committee has held three hear­ flagging nation and the other nations "Section 6101 of title 46, United States ings on cruise ship safety since last involved. Code, is amended by adding at the end the year. These hearings have dem­ I also believe the chairman is keenly following: '(e)(l) This part applies to a marine cas­ onstrated that our laws requiring the aware that it is mostly U.S. passengers ualty involving a United States citizen on a reporting and investigating of acci­ on these ships, and this amendment foreign passenger vessel that- dents are inadequate. will protect and enhance the safety '(A) embarks or disembarks passengers in My view on this matter has been record of these vessels as regards U.S. the United States; or echoed in the international commu­ passengers and, indeed, enhances the '(B) transports passengers traveling under nity. In his keynote address to the ongoing efforts of the Coast Guard to any form of air and sea ticket package mar­ International Summit on Safety at ensure that safety record. keted in the United States. '(2) When there is a marine casualty de­ Sea, held in Norway last April, the Sec­ For that, I commend the chairman of scribed in paragraph (1) of this subsection retary-General of the International the full committee and would urge sup­ and an investigation is conducted, the Sec­ Maritime Organization [IMO] expressed port of his amendment. retary shall ensure that the investigation- concern over the lack of compliance Mr. JONES of North Carolina. Mr. '(A) is thorough and timely; and with accident investigating require­ Chairman, I think, in substance, that I '(B) produces findings and recommenda­ ments. He stated that of the 1,239 in­ would warn that Congress should not tions to improve safety on passenger vessels. stances of serious casual ties since 1978, wait for a disaster to prompt after-the­ '(3) When there is a marine casualty de­ fact action. Our citizens deserve the scribed in paragraph (1) of this subsection, only 701 had been submitted to his the Secretary may- group. highest level of protection and the '(A) seek a multi-national investigation of My amendment requires accidents on safest cruise ships we can give them. the casualty under auspices of the Inter­ cruise ships carrying American citizens Mr. FIELDS. Mr. Chairman, will the national Maritime Organization; or to be reported to the U.S. Coast Guard. gentleman yield? '(B) conduct an investigation of the cas­ This gives the Coast Guard the discre­ Mr. JONES of North Carolina. I am ualty under chapter 63 of this title.'.". tionary authority to conduct a post-ac­ happy to yield to the gentleman from Mr. JONES of North Carolina (during cident investigation. If the Coast Texas. the reading). Mr. Chairman, I ask Guard undertakes an investigation, it Mr. FIELDS. Mr. Chairman, I rise in unanimous consent that the amend­ is required to be thorough and timely strong support of this amendment of­ ment be considered as read and printed and produce findings and recommenda­ fered by our distinguished full com.mi t­ in the RECORD. tions on how to improve cruise ship tee chairman, the Honorable WALTER The CHAIRMAN. Is there objection safety. In complying with this require­ B. JONES. to the request of the gentleman from ment, the Coast Guard has two options. This amendment, which is the prod­ North Carolina? It can seek an investigation through uct of testimony we received at the There was no objection. the voluntary procedures now in place Coast Guard Subcommittee, will help Mr. JONES of North Carolina. Mr. at the International Maritime Organi­ to ensure the safety of the 4 million Chairman, this amendment would ex­ zation or it can conduct its own inves­ Americans who sail on foreign-flag pas­ tend the authority of the Coast Guard tigation. senger cruise ships each year. to investigate marine casualties on Mr. TAUZIN. Mr. Chairman, will the While there are some who will argue passenger vessels that carry U.S. citi­ gentleman yield? that this amendment does not go far zens. Mr. JONES of North Carolina. I am enough, it will require that any death, Under current law, if an accident oc­ happy to yield to the gentleman from serious injury, or major damage to a curs on a foreign-flag cruise ship out­ Louisiana. passenger ship be reported imme­ side of the U.S. territorial sea, that ac­ Mr. TAUZIN. Mr. Chairman, I thank diately to the U.S. Coast Guard. In ad­ cident does not have to be reported to the gentleman for yielding. dition, it will ensure that any inves­ U.S. officials. Thus, a ship can sail ex­ Mr. Chairman, I would like to add tigation into the cause of the accident clusively out of a U.S. port, with only that close to 80 percent of the cruise­ be conducted consistent with regula­ U.S. passengers, have an accident 15 vessel passengers worldwide are U.S. tions enacted by the International miles off our shore, and our Coast citizens and, thus, we must make every Maritime Organization [IMO]. Guard would have no way of finding effort to verify the safety and reliabil­ Under current law, there is no report­ out the casualty even happened, let ity of passenger vessels carrying U.S. ing requirement, and investigations of alone how it happened, and wouldn't be citizens and seek every opportunity to accidents is the responsibility of the able to take steps to prevent future ac­ research accidents when they occur. country in which the ship is registered. cidents. If we have so little authority My colleague, the gentleman from Unfortunately, in the past this has in our own backyard, it's obvious that North Carolina, my""Chairman, has of­ caused a number of problems and it has we can't do much if a cruise company fered this amendment that would guar­ placed the safety of our citizens at advertises here in the States, entices antee that accidents involving U.S. risk. For instance, in 1989, the Carnival Americans overseas, and someone is in­ citizens on foreign-registered passenger cruise ship, Celebration, which is jured or killed during the voyage. vessels will, in fact, be investigated homeported in Florida, struck a Cuban These facts are even more alarming and result in greater oceangoing pas­ freighter, causing the loss of life and when you consider that- senger vessel safety. serious damage to both vessels. Sadly, There are about 100 foreign ships op­ I would like to commend Chairman the American owners of the Celebration erating out of U.S. ports; that's around JONES and his amendment. As usual, he refused to cooperate in a U.S. safety in­ 80 percent of the world fleet; 95 percent and his staff have made a good Coast vestigation. of those who vacation on cruise ships Guard authorization bill a better bill. Mr. Chairman, as Members of Con­ are Americans; and 50 percent of these This amendment recognizes, in fact, gress we have a fundamental respon­ foreign vessels are over 20 years old that the Coast Guard has successfully sibility to safeguard the safety of our and 25 percent are over 30 years old. implemented numerous agreements constituents. It is my firm belief that In April of last year, there was a dis­ calling for better and greater vessel this amendment is a positive step in astrous fire on the Scandinavian Star in safety and better vessel construction that direction. Both the requirement the North Sea which killed over 150 and firefighting efforts. I think the to report and to properly investigate passengers. Just weeks before, that chairman, in his amendment, not only marine casualties on passenger ships same ship operated regularly off the recognizes the fact that the United will provide greater safety to those coast of Florida carrying Americans. States has cosponsored IMO resolu­ who travel on this mode of transpor­ Had this tragedy occurred then, but tions calling for, in the case of cruise tation. I am pleased to support this outside of U.S. waters, no report to the marine casualties, cooperative multi­ amendment and I urge its adoption. Coast Guard would have been required. nation investigations by the vessel's Thank you, Mr. Chairman. July 18, 1991 CONGRESSIONAL RECORD-HOUSE 18845 Mr. JONES of North Carolina. Mr. (6) the Coast Guard fees imposed upon rec­ tern. As we understand it, right now Chairman, I have taken this approach reational boaters will be deposited into the there are only four people taking calls for two reasons. First, the Inter­ general fund of the Treasury and do not ben­ on the so-called 800 line, as people call efit Coast Guard operations. national Maritime Organization is well (b) SENSE OF CONGRESS.-lt is the sense of in to either pay for their fee with their respected and has recently made gre-at the Congress that the requirement that the credit card, or ask to have an applica­ strides in improving cruise ship safety. Coast Guard collect fees from recreational tion sent to them. At the rate of the Second, its procedures for multi­ boaters under section 2110(b) of title 46, Unit­ number of boaters who need to file national investigations ought to be ed States Code, should be repealed imme­ under the new system, each person an­ given a chance to work. I hope my diately. swering that telephone would have to amendment will have a positive impact Mr. DAVIS (during the reading). Mr. answer 68,000 telephone calls a day. in this area and will encourage nations Chairman, I ask unanimous consent Obviously, this system is not going to comply with their obligations under that the amendment be considered as to work. It is not going to work that relevant international conventions. read and printed in the RECORD. well. There will be a lot of people who However, if that procedure fails, my The CHAIRMAN. Is there objection are not going to be able to get their amendment allows the Coast Guard to to the request of the gentleman from boats registered, even if they want to. conduct its own investigation. Michigan? I think that we should, and I would Congress should not wait for a disas­ There was no objection. like to eliminate the fee before it even ter to prompt after-the-fact action. Our Mr. DAVIS. Mr. Chairman, this is the goes into effect. citizens deserve the highest level of amendment that is the sense of Con­ I have indicated the reasons why this protection and the safest cruise ships gress to repeal the recreational boater fee ought to be eliminated, but I think we can give them. fee, and I actually think I will read the it is worth repeating. It is unjust, an Just this week, the Starship Majestic amendment, because it explains very unfair tax, and no benefit to the boat­ cruise vessel suffered an engine room clearly why I believe that we ought to ers whatsoever. We did not single out fire. This ship, registered in the Baha­ adopt this amendment. any other area of recreation. There are mas, was operating out of Port Canav­ (a) FINDINGS.-The Congress finds that- all kinds of other forms of recreation eral, FL, carrying 739 passengers and (1) the Coast Guard fees imposed upon rec­ that we could have taxed. I do not 391 crew members. Fortunately, the reational boaters under section 2110(b) of think we should have taxed them, but title 46, United States Code, are unfair and fire was extinguished and no one was unjustified; we certainly should have not picked on harmed, but the Captain had readied (2) those fees do not qualify as user fees boaters in the way we did. the lifeboats in case an evacuation be­ under existing law because the fees are not We already know that the boating in­ came necessary. fair, are not based on the cost to the Coast dustry in this country has been hurt The Coast Guard is participating in Guard of providing services or things of tremendously, and I am sure that other the post-accident investigation in this value to recreational boaters, are not based Members will talk about that particu­ case only because the Bahamian Gov­ on the value to recreational boaters of serv­ lar issue. ernment and the cruise company are ices or things of value provided by the Coast Again, it is an unjust, unfair tax. I Guard, and are not based on a valid public voluntarily complying with the Inter­ policy or interest; hope that all my colleagues will over­ national Maritime Organization guide­ (3) recreational boaters who are required to whelmingly join me today in a sense of lines. But technically, under U.S. law, pay those fees will receive no additional Congress to have this be repealed. the accident didn't even have to be re­ services in return for payment of the fee; Mr. BONIOR. Mr. Chairman, I move ported to us. My amendment will cor­ (4) recreational boaters already pay a fuel to strike the requisite number of words rect that. tax that contributes $70 billion to the Coast and I rise in strong support of the The CHAIRMAN. Is there further dis­ Guard budget annually; Davis amendment. The user fee which (5) the Coast Guard is reducing current cussion on the amendment? services to recreational boaters; is being levied on recreational boaters If not, the question is on the amend­ (6) the Coast Guard fees imposed upon rec­ is one of the most inherently unfair ment offered by the gentleman from reational boaters will be deposited into the taxes I have ever seen. As a result of North Carolina [Mr. JONES]. general fund of the Treasury, and do not ben­ this tax, boaters have been singled out The amendment was agreed to. efit Coast Guard operations. and forced to pay more than their fair AMENDMENT OFFERED BY MR. DA VIS (b) SENSE OF CONGRESS.-lt is the sense of share for deficit reduction. Mr. DAVIS. Mr. Chairman, I offer an the Congress that the requirement that the Last year alone, boaters paid $27 mil­ Coast Guard collect fees from recreational lion in new fuel taxes, a 10-percent lux­ amendment. boaters under section 2110(b) of title 46, Unit­ The Clerk read as follows: ed States Code, should be repealed imme­ ury tax on new boat sales, a $35 FCC li­ Amendment offered by Mr. DAVIS: At the diately. cense fee, and increased State regula­ end of the bill, add the following new sec­ tion fees. On top of all that, boaters are tion: 0 1130 now getting hit with this user fee that SEC. • SENSE OF THE CONGRESS ON REC­ Recreational boaters forced to pay a could cost as much as $100 each year. REATIONAL BOAT FEES. No other recreational group has been (a) FINDINGS.-The Congress finds that- Coast Guard fee will receive no services (1) the Coast Guard fees imposed upon rec­ whatsoever for payment of the fee; rec­ asked to do as much to balance the reational boaters under section 2110(b) of reational boaters already pay a fuel tax budget. No other recreational group title 46, United States Code, are unfair and that contributes $70 million to the faces taxes from as many fronts. unjustified; Coast Guard budget annually; the In Michigan, as Mr. DAVIS knows, (2) those fees do not qualify as user fees Coast Guard reduces current services these taxes hit us especially hard. In under existing law because the fees are not to recreational boaters; the Coast our State, we are surrounded by water, fair, are not based on the cost to the Coast it has shaped our history and defines Guard of providing services or things of Guard fees imposed upon recreational value to recreational boaters, are not based boaters will be deposited into the gen­ our character. For many people in on the value to recreational boaters of serv­ eral fund of the Treasury, and does not Michigan, boating is a way of life. In ices or things of value provided by the Coast benefit Coast Guard operations. fact, there are more registered boats in Guard, and are not based on a valid public Therefore, we think that we ought to Michigan than there are in any other policy or interest; repeal this fee as quickly as possible. State in the Union. (3) recreational boaters who are required to As I mentioned before in my remarks I have heard from some of my boat­ pay those fees will receive no additional under general statements on the bill, ing constituents who would not mind services in return for payment of the fee; paying a user fee if it actually helped (4) recreational boaters already pay a fuel we have 218 Members, a majority of the tax that contributes $70 million to the Coast Members of the House of Representa­ boaters. But not one dime of this reve­ Guard budget annually; tives who have cosponsored this bill. nue generated will go directly to the (5) the Coast Guard is reducing current The Coast Guard is having a very dif­ Coast Guard. Not one dime will di­ services to recreational boaters; ficult time implementing this fee sys- rectly benefit boaters. 18846 CONGRESSIONAL RECORD-HOUSE July 18, 1991 This user fee must be repealed. I urge they should not be further burdened by do that. I commend them for doing my colleagues to join me in expressing this arbitrary, unfair, and indefensible that, because I think if this is to be the sense of the Congress that this tax recreational boat tax. successful in terms of the repeal, it has is unfair and must be abolished. Mo­ Mr. Chairman, I urge the adoption of to be done with an appropriate offset. I mentum continues to build in Congress this amendment and hope we can finish commend the gentlemen for that. this repeal effort by enacting H.R. 534 to scrap this unfair tax-nearly half of D 1140 the Members of the House have cospon­ in the very near future. Mr. TAUZIN. Mr. Chairman, will the sored legislation to repeal the user fee. AMENDMENT OFFERED BY MR. PANETTA TO THE The passage of this sense of Congress AMENDMENT OFFERED BY MR. DAVIS gentleman yield? Mr. PANETTA. Mr. Chairman, I offer Mr. PANETTA. I am happy to yield resolution will greatly help our efforts. to the gentleman from Louisiana. Mr. FIELDS. Mr. Chairman, I move an amendment to the amendment. Mr. TAUZIN. Mr. Chairman, I thank to strike the requisite number of The Clerk read as follows: the gentleman particularly for his last words. Amendment offered by Mr. PANETTA to the statement, because the committee has Mr. Chairman, I rise in strong sup­ amendment offered by Mr. DAVIS: At the end gone to great length and the author of port of the Davis amendment which ex­ of subsection (b), strike the period and insert the following: ", provided that the costs of the bill, the gentleman from Michigan presses the sense of Congress that the [Mr. DAVIS] and his staff have made so-called recreational boat fee should the repeal are fully offset in each year." Mr. PANETTA. Mr. Chairman, I will great strides to provide not only an off­ be repealed. set to provide as much money as this While I would have preferred that we be brief. I recognize the controversy that surrounds this fee, having dealt tax would have provided if everything consider H.R. 534, a bill introduced by had worked perfectly, and it will not, the gentleman from Michigan [Mr. with it for the last 10 years in various forms, as we have tried to deal with but actually produces $30 million more DA VIS] to repeal this erroneous fee, un­ in the 5-year period than this so-called fortunately, we will save that battle budget agreements and attempts at budget agreements. boat user fee tax would have produced for another day. under optimum circumstances; so I Nevertheless, it is clear that based on The administration has submitted this proposal, I think, 8 of the last 10 think we have a proposal before the the testimony we received at our April House with the gentleman's amend­ 24 Coast Guard hearing, that this fee, years. Ultimately, as part of the budg­ et agreement that was arrived at last ment to the sense of the Congress or more precisely this new boating tax, amendment of the gentleman from is almost universally disliked by the 4 year, this was a proposal that both the President and the Congress agreed to Michigan [Mr. DAVIS] that will fit very million recreational boaters in this nicely together, and I would encourage country. as part of the revenue package that was adopted as part of an overall agree­ the gentleman and his Committee on It is a tax that should never have the Budget to look favorably on what been approved and would not have been ment. There is some $600 to $700 million in we are proposing to the full body in the without the unique circumstances sur­ form of the Davis amendment. rounding the Budget Reconciliation revenues that is involved here over the 5-year period. Now, another important Mr. GRADISON. Mr. Chairman, will Act of 1990. the gentleman yield? I would remind my colleagues that in element of the budget agreement is Mr. PANETTA. I yield to my col­ the only up or down vote on the rec­ that if there are any additional new league, the gentleman from Ohio, the reational boating fee in the House of benefits provided under entitlement ranking member on the Budget Com­ Representatives, the proponents of this programs, or if there is a tax cut or a mittee. misguided idea were able to convince repeal, that those revenues that are Mr. GRADISON. Mr. Chairman, I only 119 Members to support it and lost have to be replaced. So, abiding by thank the gentleman for yielding to that is 87 votes less than the number that .pay-as-you-go requirement, what I me, and I rise in support of his amend­ who have now cosponsored its repeal. have requested here is language that ment. Under the Coast Guard's final regula­ would say that if a repeal is to take I am sure that none of us in the tions, this tax will be collected on an place on this tax, then the costs of the House want to trigger the sequester, annual basis and neither the Coast repeal have to be fully offset in each the across-the-board reduction in man­ Guard nor the boating public will re­ year. datory spending, which would be re­ ceive any benefit whatsoever. In fact, The reason I think this is important, quired if revenue were lost from one of the regulations state that "rec­ it is not only because it abides by the the categories that are included under reational vessel owners paying the fee budget agreement and the pay-as-you­ that broad pay-go umbrella. Specifi­ can expect no increase in the quantity, go requirements of that budget agree­ cally, the main programs vulnerable to quality, or variety of services they re­ ment, but more importantly, yesterday such a cut are programs of great im­ ceive from the Coast Guard." we had the Director of the OMB, Mr. portance to the American people and to This tax therefore, fails the fun­ Darman, before the Committee on the the Members of this House, such as ag­ damental test of what constitutes a Budget, tell members that for 1992 we riculture programs and Medicare pro­ user fee, since those who pay receive no are now looking at a record deficit of grams. benefit and no services. $348.5 billion. Obviously, when we are I, too, want to compliment the com­ In addition, I reject the argument confronting that kind of crisis, that mittee for its exploration of alter­ that those who use our waterways pay kind of debt crisis, I think the last sig­ native means of raising revenues, and little, if anything, toward their main­ nal that this institution wants to send only would like to point out that under tenance. The truth is that recreational to the country and to the world is that the budget agreement the substitute of boaters pay millions of dollars each we are going to add that much more to one revenue source for another would year in Federal and State taxes and the deficit as a consequence of the ac­ still have to meet the revenue projec­ fees. These include: Customs entry tion we take today. tions year by year, not just over the fees, FCC radio license fees, State boat Therefore, for that reason, the lan­ full 5-year period of time, in order to registration fees, State sales tax, Fed­ guage I submit here, basically demands prevent the sequester which I know eral luxury taxes, property taxes, trail­ that we do have an offset. If the House none of us desire to occur. er and titling fees and $170 million in of Representatives and the Congress Mr. DAVIS. Mr. Chairman, will the Federal fuel taxes in fiscal year 1992 desires that this tax be repealed, it gentleman yield? alone. The vast majority of this money ought to have the guts to replace it Mr. PANETTA. I am happy to yield is used for a whole range of Coast with an offset. to the gentleman from Michigan, the Guard programs. I might say that the committee, to principal author of the amendment. In short, those who use our water­ its credit in the proposal that is mov­ The CHAIRMAN. The time of the ways already pay their fair share and ing through the Congress did, in fact, gentleman from California has expired. July 18, 1991 CONGRESSIONAL RECORD-HOUSE 18847 (By unanimous consent, Mr. PANETI'A Let me just say to the gentleman, portant that the Budget Committee was allowed to proceed for 3 additional there is no question in my mind the take this into account. minutes.) gentleman understands what the budg­ The cost of collecting this boat user Mr. PANETTA. Mr. Chairman, I am et agreement is all about; but in the fee may be more than we could gain in happy to yield to the gentleman from capacity as chairman of the Budget collections. That is crazy. Michigan. Cammi ttee, and I think the ranking The new proposal on FMC fees will Mr. DAVIS. Mr. Chairman, I thank member would agree with me, we have mean real revenue to the Government. the gentleman for yielding to me. to continually remind the Members I hope and I expect the Budget Com­ I might say, Mr. Chairman, that yes, that if we are going to repeal some­ mittee will want to look at real reve­ I am going to accept the amendment. I thing, it has to be clear that it is going nue for a change. might say that it is a little redundant, to be offset, and that is the purpose of Mr. PANETTA. Mr. Chairman, I because as the gentleman knows, what­ this amendment, to again clarify what thank the gentleman for saying that. ever you do, you have to have offset­ was part of the budget agreement. Let me make clear, having dealt with ting revenue, no matter what happens, Mr. PETRI. Mr. Chairman, will the budget reconciliation for a number of so I will accept it, but it is a matter of gentleman yield? years now, that the basic approach of fact generally it wo.uld have to happen. Mr. PANETTA. I am pleased to yield the Budget Committee is that when it I might also say that as the gen­ to the gentleman from Wisconsin. comes to these kinds of policy issues, it tleman has indicated, we have come up Mr. PETRI. Mr. Chairman, just a really is better left to the committees with a way to produce more revenue couple of points. I think this discussion of jurisdiction to make these decisions. than the $720 million that the user tax underlines one of the concerns a lot of They know what the issues are, they will bring in. voters have had in this country, and know what the impact is. I understand The problem that we run into is the that is that this is not really a user fee. that. From our point of view, \1:e need to system in being set up, and for the ben­ It is a tax increase, because otherwise efit of the Members, what we have sug­ if there were less services being pro­ raise a certain amount of deficit reduc­ gested and in fact is in the bill that is vided by the Coast Guard, or more tion. So obviously if you can come up now ready to be filed, is a computer ac­ services going to be provided by the with a more effective and a fairer way cess fee with a Federal Maritime Com­ Coast Guard as a result of this fee in­ to do it, then we would be more than happy to join in that issue. mission automated tariff information crease, we could just cut back on the Mr. DUNCAN. Mr. Chairman, I move system. This applies to international services and not pay the fee and we to strike the requisite number of traffic when they file a rate daily. Over would not have this offsetting problem. words. 900,000 of these are filed. What we are But second, I think it should be Mr. Chairman, I will be very brief. I saying now is that you are going to pointed out that this is going to be a just rise in strong support of the have to pay 35 cents a minute to get difficult tax to collect at best; $25 per amendment of the gentleman from that information. It brings in $30 mil­ boat will involve enormous administra­ Michigan. lion more than the fee on boaters is tive overhead, enormous enforcement I want to commend the gentleman supposed to bring in, and frankly, it is costs, and therefore necessarily to re­ from Louisiana [Mr. TAUZIN] and the not going to bring in that much. All of quire a dollar-for-dollar offset is not gentleman from Michigan [Mr. DA VIS] us know that now. really realistic. If you find a better, for offering this amendment and for So we have complied with the letter easier source of raising money, as has their diligent work on behalf of this of everything that the Budget Commit­ been suggested by the gentleman from amendment. tee I think wants us to do. Michigan, in fact the Budget Commit­ My part of Tennessee is made up of I guess I would ask, as some of us tee under the Federal Treasury will mountains and lakes. I have much know, the Ways and Means Committee end up well ahead, more than they boating that goes on there, many boat­ has filed a letter asking for referral of would with the mess we are going to ing companies. I have a great many this bill. generate by this proposition. constituents who are extremely inter­ Now, we do not want that bill to lin­ The CHAIRMAN. The time of the ested in this fee or this tax. I sponsored ger in the Ways and Means Committee gentleman from California has again legislation in regard to this. for a long period of time, because 218 expired. I want to say that I appreciate the Members of this House have said that (At the request of Mr. TAUZIN, and by work that has been done by these gen­ we are in favor. unanimous consent, Mr. PANETI'A was tlemen on this amendment. I rise in The House deserves an opportunity allowed to proceed for 1 additional strong support of it. I understand that to vote on repealing this, or at least to minute.) the last time this fee was voted on by have a vote on the floor. Mr. TAUZIN. Mr. Chairman, will the itself by the full Congress, it was I guess I am asking the ranking gentleman yield? soundly defeated in 1987. So I support Member and the gentleman from Cali­ Mr. PANETTA. I am pleased to yield this amendment. fornia if they will give us a hand in to the gentleman from Louisiana. Mr. GILLMOR. Mr. Chairman, I move talking to the Ways and Means Com­ Mr. TAUZIN. Mr. Chairman, I want to strike the requisite number of mittee to see that they get this bill out to point out to the chairman of the words. of the Ways and Means Committee in a Budget Committee that the gentleman Mr. Chairman, I want to speak in be­ reasonable period of time, so that is accurate in his statement. In our half of the Davis amendment. Members who want to vote on this Coast Guard Committee hearings on Last year Congress took an unfortu­ issue will have an opportunity to vote the implementation of this so-called nate step when it adopted the Coast on it. fee, we learned the cost of implement­ Guard user fees, a revenue-raising Mr. PANETTA. Well, as the gen­ ing the collection system may be as measure which cost everybody owning tleman knows, the Ways and Means much as we are going to generate in a boat 16 feet long or over anywhere Cammi ttee has a large group of issues revenues to it, whereas the proposal from $25 to $100. Like many provisions before it that involve revenues of all the gentleman from Michigan [Mr. tucked inside a Budget Reconciliation kinds and initiatives of all kinds; but I DA vrs] has made for an offset is a real Act, at the last minute without any op­ have discussed this with the chairman revenue producer. portunity for public comment, these of the Ways and Means Committee and I know the Budget Committee is not fees have not been welcomed with open I am sure that he is going to give this just concerned with the technicalities arms. Over 200 Members, as has been matter his immediate attention with of the budget agreement, but also vi­ mentioned, of this body have sponsored regard to whether or not these other tally interested in gathering the reve­ legislation to repeal these fees. revenues in fact will replace the loss nue necessary to halt this enormous Why? Because the fees are unfair. that is done here. budget slide we are in. I think it is im- Boaters are not getting anything for 18848 CONGRESSIONAL RECORD-HOUSE July 18, 1991 their money. The Coast Guard's final to the boaters of this country who, in The Davis amendment is a sense of rule, which was published this month, my view, received several unnecessary the Congress type amendment opposing tells boaters as bluntly as possible not blows in the budget agreement of last the Coast Guard user fee on rec­ to expect new or better services. year. reational vessels. This amendment is Mr. TAUZIN. Mr. Chairman, will the sensible and proper, and I commend the 0 1150 gentleman yield? gentleman from Michigan for his lead­ Second, the fee is an unfair way to Mr. MCMILLEN of Maryland. I yield ership in this area. I would also like to balance the budget. Instead of tighten­ to the gentleman from Louisiana. congratulate Mr. DA VIS, as I under­ ing our belts to cut waste, we are just Mr. TAUZIN. I thank the gentleman stand that just today a majority of the creating a big pie by taking a bigger for yielding. Members of this House are now cospon­ slice out of the taxpayers' pockets. Mr. Chairman, first let me commend sors of his legislation to repeal the Frankly, this puts a damper on eco­ the gentleman from Maryland for the Coast Guard user fee. I am hopeful that nomic activity in districts like mine amendment that he will offer late on we can bring that bill to the floor of along Lake Erie, where businesses de­ which will delay penal ties for failure to the House as quickly as possible. pend on tourism and they depend on comply with this tax while we are in Mr. Chairman, this tax disguised as a vacationers. the process of repealing it. How awk­ user fee was definitely one of the low Boater after boater asked me, and I ward it is going to be if we succeed in points of last year's reconciliations think reasonably, "Why me? Why not repealing it but citizens have already bill. Calling this tax a user fee is a mis­ charge beachcombers and swimmers? been penalized to pay a fine because nomer, as our Nation's boaters do not Why not have a user fee for people who they did not comply with something receive any additional services from hike the national parks or ride rec­ that we are repealing. the Coast Guard. The only thing Amer­ reational vehicles across public lands?" The gentleman is right on course. ica's boaters do receive from the Coast But before I give my colleagues any Let me make one additional point, if Guard is a yearly bill. new ideas, let me simply say we ought the gentleman will allow me: What we I am also concerned that the Coast to end this taxation of relaxation. are talking about is the difference be­ Guard's mission will be bogged down by For many who have contacted me, tween the tax and the fee. There is a this user fee. The Coast Guard per­ opposition of the fees is a matter of major difference, and we need to think forms many important duties, and it principle. People do not like to be sin­ about it. This boat tax is a tax. It will performs them well. Protection of our gled out for no reason. Frankly, I think not give one iota of new service to any Nation's coasts and inland waterways, this fee is a reflection of a philosophy boat owner in America. It will in fact drug interdiction, search and rescue held by too many in the Federal Gov­ cost the Coast Guard money to imple­ operations, boating safety, and aids to ernment. That philosophy is: If it ment it; that will take away from serv­ navigation are all just some of the im­ walks, if it talks, if it breathes, or even ices the Coast Guard is now providing. portant tasks the Coast Guard per­ if it floats, tax it. And that is wrong. It is a pure tax. forms. Now Congress has given the You know, some say they cannot af­ What the gentleman from Michigan Coast Guard the additional duty of col­ ford paying even a small fee. These fees [Mr. DAVIS] will be offering as a sub­ lecting a tax from approximately 4 mil­ apply even to a small rowboat of 16 stitute in his bill is a real fee, it is lion boaters. The sheer volume of pa­ feet. I simply want to ask my col­ something people pay to get a service, perwork alone to administer this tax is leagues to join me in supporting Con­ computer access to shipper information staggering. Instead of chasing down gressman DAVIS' sense-of-Congress that shippers need and will want in drug dealers, now the Coast Guard will amendment and also Congressman this augmented computer program. be shuffling papers. McMILLEN's amendment to delay col­ What we are substituting is a real fee Mr. Chairman, the Coast Guard user lection. for a nasty tax. fee is an experiment in futility. We Mr. MCMILLEN of Maryland. Mr. I commend the gentleman from should let the Coast Guard do what Chairman, I move to strike the req­ Maryland [Mr. MCMILLEN] for his work they do best: Protect our coasts. Let uisite number of words. in assisting our efforts to not only re­ the IRS do what they do best: Collect Mr. Chairman, I rise in support of the peal it but making sure that boaters do taxes. Let us not turn the Coast Guard Davis amendment and repeal of the not get penalized while we are in the into a floating Internal Revenue Serv­ user fees. I will be offering an amend­ process of repealing it, and I thank the ice. ment shortly which will delay the im­ gentleman for his comments. I urge my colleagues to vote "yes" plementation of the penalties. Mr. MCMILLEN of Maryland. Mr. on the Davis amendment. The concern that I have, notwith­ Chairman, I thank the gentleman from The CHAIRMAN. Is there further dis­ standing the substantive argument Louisiana for his comments. cussion on the amendment to the with regard to user fees, is the fact Mr. Chairman, most boaters do not amendment? that this is just going to result in con­ even know about the new fee. I just If not, the question is on the amend­ fusion, in a lack of compliance by so want to point out it is my understand­ ment offered by the gentleman from many of our boaters across this coun­ ing that the only public notice of its California [Mr. P ANE'IT A] to the amend­ try. implementation has been a notice in ment offered by the gentleman from According to the U.S. Coast Guard, the Federal Register and a press re­ Michigan [Mr. DAVIS]. just over 32,000 boaters have received lease. Quite honestly, our boaters de­ The amendment to the amendment their decal, and only about twice that serve a chance to be law-abiding citi­ was agreed to. number have requested the form. This zens, again notwithstanding the sub­ Mr. PETRI. Mr. Chairman, I move to means that is 98 percent of America's stance of the argument, which is that strike the requisite number of words. boaters-over 4 million boaters in this this user fee should never have been Mr. Chairman, I rise in support of the country-are without the decal. It is put into effect in the first place. gentleman's amendment. One of the improbable that they are going to be Mr. Chairman, I commend the gentle­ key issues here is whether this is a able to comply with this law. men for their work on this amendment. user fee or a tax. Is the purpose to sup­ So, I support the amendment for sub­ Mr. SHAW. Mr. Chairman, I move to port the Coast Guard by charging fees stantive purposes and, as I said, I am strike the requisite number of words. to people who benefit from Coast Guard going to be offering an amendment Mr. Chairman, I rise in support today services, where the fees bear some rela­ shortly to delay the implementation of for the amendment offered by the rank­ tion to benefits? Or is it simply an­ the fine to the end of October. It is my ing Republican member of the Mer­ other revenue raiser on the long list of hope that we can repeal this alto­ chant Marine and Fisheries Commit­ new taxes to enable the Government to gether. Nevertheless I think it is im­ tee, Mr. DAVIS, to H.R. 1776, the Coast continue its pattern of constantly in­ portant to give that extra grace period Guard Authorization Act of 1991. creasing spending? If it fits into the July 18, 1991 CONGRESSIONAL RECORD-HOUSE 18849 first category, it would be a user fee. If is a tax on the entire boating industry, of words. It looks like the gentleman it fits into the second category, it is from the people who make the boats, to from Maryland [Mr. MCMILLEN] was just another tax. the people who have the marinas, to here before. To answer this question we can look the people who have the hotels, motels, Mr. Chairman, I am one of those who to my district where the Fox River­ and tourism areas that want to support is proud to represent a district, along Lake Winnebago system has no Coast recreational boating. It is nice to know with the gentleman from Florida [Mr. Guard presence. The Coast Guard used that we have a majority of the House SHAW] in the district just next to mine, to provide services in this system, but of Representatives who have signed on which contains one of the highest con­ it pulled out some years ago. Yet the for this repeal. That is very good. centrations of boats and boatowners in Coast Guard argues it has some sort of There is one other thing that is nec­ the United States. We are very proud of vague presence there because it has essary, and that is to have the vehicle the work that the Coast Guard has general oversight and monitors boating here on the floor that we can vote to done over the years. We are very de­ safety-a flimsy connection at best. repeal this silly and onerous tax, and I pendent on the Coast Guard for the The boaters on the water do not think want to support, not only the resolu­ work they continue to do, helping the Coast Guard has a presence there. tion of the gentleman from Michigan boaters, helping people who are out at [Mr. DAVIS], but I want to support Mr. They don't think they're getting serv­ sea whose craft get disabled, people ices worth paying for-certainly not DA VIS in the kinds of things he is doing to try to get appropriate funding for who are lost, whose ships go down, any services worth the amounts of whose ships have problems, doing the these fees. I must agree with them. So the legitimate needs of the Coast Guard and to repeal this boating tax, Customs-helping work, searching for clearly, on that basis it is not a user drugs, all of that. fee, it is a tax. and I salute the gentleman. The final rule for implementing the Mr. CALLAHAN. Mr. Chairman, I The problem, Mr. Chairman, is that a fees, even while claiming a presence ev­ move to strike the requisite number of lot of the boats that we are talking erywhere, seems to give my district an words. about are small boats, 16 foot, 18 foot, out, based on the definition of navi­ Mr. Chairman, I rise today to express 20 foot, real recreational small craft, gable waters. The law says fees apply my strong support for Congressman that are owned by average working to boats operated on navigable waters DAVIS' amendment to the Coast Guard people that use these on the weekends. and the definition says you have to be authorization bill for fiscal year 1992. They cost in many instances under able to navigate a 16-foot boat from However, instead of voting on this $10,000, less than the price of a car, and, such waters to waters subject to tidal measure that simply expresses the if we totaled all of the fees, licensing influence. Clearly in the case of the sense of the Congress that the rec­ fees, registration fees, and other fees Fox River-Lake Winnebago system this reational boat user fees should be re­ that they have to pay now, exclusive of is not possible because a lock on the pealed, I wish we were voting on an­ what the sense-of-Congress resolution lower Fox River has been sealed to pre­ other measure Mr. DAVIS has intro­ of the gentleman from Michigan [Mr. vent the spread of sea lamprey. But duced-and I have cosponsored-which DAVIS] is seeking to delay, what we are would authorize repeal of this unfair talking about is an enormous amount even this determination is in doubt. tax. of money making it very impossible for The Coast Guard may still try to I say tax, Mr. Chairman, because the a lot of these people to effectively use weasle out of it. The reason is clear. moneys collected from recreational their boats or enjoy the use of them. The objective here is revenue for the boatowners in Mobile, AL, and around Government as a whole. So, just as Now on top of that we have got an­ my water-rich district will not go to other fee for a decal to raise money for clearly, this is a tax plain and simple, improve or expand Coast Guard serv­ with no relation to services rendered to the Coast Guard. There is only one ices to my constituents. Instead, Mr. small problem. Aside from the fact payers. Moreover, it is an unfair tax in Chairman, this money will go into the that it applies only to one group se­ that it is going to be very difficult for black hole we call the General Treas­ a lot of people in the category of boat­ lected by a totally arbitrary criterion ury. rather than applying more equally owners I am talking about to afford to I believe this is wrong. In my opin­ pay it, this is not Coast Guard money. across the population. Therefore, it ion, these boatowners already bear ought to be repealed as soon as pos­ So, the money that they are going to their fair share of this Nation's tax be putting into this decal fee is not sible. In the interest of fairness, I urge burden and I want to see this tax re­ my colleagues to support this amend­ pealed. I urge my colleagues to join me going to go help the Coast Guard ment. search for them when they are lost, in supporting Congressman DA VIS' help them when they are disabled, pull 0 1200 amendment today and in cosponsoring his bill, H.R. 534, to authorize the re­ them from the sea if their boat cap­ Mr. MARTIN. Mr. Chairman, I move peal of this unfair tax. sizes. It is not going to help the Coast to strike the requisite number of Mr. Chairman, as if the Coast Guard Guard search for more drugs, interdict words. user fees were not enough, last year's more arms. It is not going to do any of Mr. Chairman, I rise in support of the Budget Reconciliation Act put the those. It goes into the old general reve­ amendment of the gentleman from screws to the boating industry in an­ nue, the Treasury. So, these people are Michigan [Mr. DAVIS], and I also stand other way. Disguised as one of the paying a fee for a decal for a boat that in strong support of total repeal and taxes on the rich or luxury taxes, the does not have anything to do with their immediate repeal of the boater tax. bill provided for a IO-percent excise tax boat, or the Coast Guard, or anything Mr. Chairman, over the past few on certain boats. This tax is expected else that is going to effectively help years this Congress has seemingly to produce only $3 million in revenue navigation, the waterways. given almost on a daily basis more and in 1991 while resulting in a loss of 8,000 Mr. Chairman, we have one of the fin­ more responsibility to the U.S. Coast jobs; 8,000 jobs, Mr. Chairman, 8,000 est, the intercoastal waterways, that Guard and seemingly less and less Americans who will not be paying runs through my district and the dis­ money to do it with. It seems that we taxes, but will be joining the ranks of trict of the gentleman from Florida expect them, and they will soon be our Nation's unemployed. I believe this (Mr. SHA w], and this is not going to able, to do everything with absolutely loss of jobs will actually cost the Gov­ help the Coast Guard, it is not going to nothing. ernment more than the tax will bring help the marine fund, it is not going to However, Mr. Chairman, within this in and I urge my colleagues to join me help us save the manatee fund. It is budget resolution of last year there in supporting legislation to repeal this going to help none of that. It is going was this peak of the user fee, which is onerous tax. to be sitting there so somebody at nothing more than a tax, and it is not Mr. SMITH of Florida. Mr. Chairman, some other agency can pluck it and use just a tax on some 4 million boaters. It I move to strike the requisite number it for some other purpose. 18850 CONGRESSIONAL RECORD-HOUSE July 18, 1991 Frankly, Mr. Chairman, I think that paraphrase an old saying: A tax by any other Anthony English Leach Applegate Erdreich Lehman(CA) is intolerable. I say, "If you're going to name, is still a tax. Archer Espy Lehman(FL) assess a tax and call it a fee, which fs Efforts to raise revenue should not single Armey Evans Lent what was done with this, then let it be out one particular recreational group. Aspin Ewing Levin (MI) a real fee, a user fee for the user of a Atkins Fascell Levine (CA) I have cosponsored legislation which would Au Coin Fawell Lewis (CA) product who then benefits from the im­ put an end to this tax before it can be imple­ Bacchus Fazio Lewis (FL) position of that fee." The gentleman mented. I urge my colleagues to join me in the Baker Feighan Lewis(GA) from Michigan [Mr. DAVIS] understands effort to repeal this unfair tax. Ballenger Fields Lightfoot Barnard Fish Lipinski that that is not what has been done Mr. CUNNINGHAM. Mr. Chairman, I rise Barrett Flake Livingston here, and I am very happy to help try today in strong support of the Davis amend­ Barton Foglietta Lloyd to support his resolution and to en­ ment. My colleague from Michigan deserves Bateman Ford (MI) Long Bennett Ford (TN) Lowery (CA) dorse it to the rest of my colleagues. our commendation for his efforts to repeal of Bentley Frank (MA) Lowey(NY) Let us not do this. It is not fair to the boat user fees. As a cosponsor of his bill, Bereuter Franks (CT) Luken the average American, not fair at all. and a member of the Merchant Marine Com­ Berman Frost Machtley Oh, sure, Donald Trump, even with his mittee, I believe that the amendment currently Bevill Gallegly Manton Bilbray Gallo Markey troubles, could afford the decal on his before us is a step in the right direction. Bilirakis Gaydos Martin yacht, if he still owns it. I do not even Congress passed the luxury tax last year Bliley Gejdenson Martinez know anymore. He certainly could af­ with the intent to soak the rich, but instead Boehlert Gekas Mavroules ford the one on the dinghy that he Boehner Gephardt Mumli they have penalized the working men and Bonior Geren McCandless trailered, but a lot of Americans who women by nearly eliminating the boatmaking Borski Gilchrest McCloskey have a lot of small craft cannot afford industry. Boucher Gillmor McColl um it, and, even if they could, it is wrong Brewster Gilman McCrery It is obvious to me that this tax was not in­ Brooks Gingrich McDade to take the money out of their pocket tended to be a user fee from the start. This is Broomfield Glickman McDermott and transfer it to something which has just another example of Congress imposing a Browder Gonzalez McEwen nothing to do with the interest they tax on an industry that they felt was not strong Brown Goodling McGrath hope would be served by the imposition Bruce Gordon McHugh enough to fend off the Federal Government. Bryant Goss McMillan (NC) of this fee in the first place. Mr. Chairman, I feel that it is the responsibility Bunning Gradison McMillen(MD) Mr. Chairman, I certainly support of this Congress to represent the interests of Burton Grandy McNulty the amendment of the gentleman from the boating industry, and work to have this tax Bustamante Guarini Meyers Michigan [Mr. DAVIS]. Byron Gunderson MfUme repealed. Callahan Hall (OH) Michel Mr. REED. Mr. Chairman, I rise in strong This country is now struggling through a Camp Hall (TX) Miller(CA) support of Mr. DAVIS' amendment to express time of recession, and any economist will tell Campbell (CA) Hamilton Miller(OH) the sense of Congress' opposition to the rec­ Campbell (CO) Hammerschmidt Miller(WA) you that imposing further taxes is the surest Cardin Hancock Mineta reational boat user fee. way for this country to remain in recession. Carper Hansen Mink Rhode Island is known as the Ocean State. The impact of the boat user fee has indeed Carr Harris Moakley I can think of no more appropriate name. The Chandler Hastert Molinari been detrimental to the boatmaking industry. Chapman Hatcher Mollohan ocean is a source of pleasure and a livelihood Because these fees have altered the purchas­ to the people of my State and district. It pro­ Clay Hayes(LA) Montgomery ing power of those who want to buy all sizes Clement Heney Moody vides many with a living as fishermen, charter Clinger Hefner Moorhead of boats, the public has simply ceased buying Coble Henry Morella boat operators, and marine service providers. boats. The repercussions produced by these At the same time, there are few Rhode Island­ Coleman (MO) Herger Morrison purchasing alterations have been devastating Coleman (TX) Hertel Mraz.et ers who have never been touched by the to the boatmaking industry, as well as many Collins (IL) Hoagland Murphy beauty of Narragansett Bay and the Atlantic Collins (MI) Hobson Murtha affilate industries. Ocean. From the picturesque lighthouses at Combest Hochbrueckner Myers Mr. Chairman, I would like to state for the Condit Holloway Nagle Point Judith and Block Island to canoeing record that I am in strong support of Mr. Conyers Horn Natcher through the Great Swamp, to the celebration DAVIS' efforts to repeal this erroneous tax. In Cooper Horton Neal(MA) of the tall ships and the blessing of the fleet Costello Houghton Neal(NC) order for Congress to balance the budget, we in Galilee; boating is a common thread Cox(CA) Hoyer Nichols must reduce spending, and cease to penalize Coyne Hubbard Nowak amongst all Rhode Islanders. specialized segments of the American work Cramer Huckaby Nussle Today, there are some 30,000 boatowners Crane Hughes Oakar in the Ocean State. Their vessels range from force. The boating industry has been unfairly Cunningham Hunter Oberstar targeted for taxing purposes, and this must be Dannem eyer Hutto Obey small rowboats and canoes used by a family's Darden Hyde Olin youngsters to the pleasure craft driven and corrected. I urge my colleagues to support the Davis amendment and to cosponsor his bill. Davis Inhofe Olver sailed around Great Salt Pond on Sundays in de la Garza Ireland Ortiz the summer. De Fazio Jacobs Orton D 1210 Owens(NY) Many of these boaters have taken safety DeLauro Jefferson The CHAIRMAN. The question is on DeLay Jenkins Owens(UT) classes from the Coast Guard, some have Dellurns Johnson (CT) Oxley even been rescued by the Coast Guard. I the amendment offered by the gen­ Derrick Johnson (SD) Packard would like to thank the Coast Guard for its tleman from Michigan [Mr. DAVIS], as Dickinson Johnson (TX) Pallone amended. Dicks Johnston Panetta continuing efforts to make our waterways safe. Dingell Jones (GA) Parker And to commend it for the skill and speed with The question was taken; and the Dixon Jones(NC) Patterson which it handled the World Prodigy oilspill in Chairman announced that the ayes ap­ Donnelly Jontz Paxon peared to have it. Dooley Kanjorski Payne (NJ) 1989. And I would also like to congratulate the Doolittle Kaptur Payne (VA) Coast Guard on a job well done during Oper­ RECORDED VOTE Dorgan (ND) Kasi ch Pease ation Desert Storm. Mr. DAVIS. Mr. Chairman, I demand Dornan (CA) Kennedy Pelosi However, I must voice my objection to this a recorded vote. Downey Kennelly Penny Dreier Kildee Perkins so-called fee. The Coast Guard states openly A recorded vote was ordered. Duncan Klug Peterson (FL) that this fee will not lead to any increase in the The vote was taken by electronic de­ Durbin Kolbe Peterson (MN) quantity, quality, or variety of services pro­ vice, and there were-ayes 412, noes 6, Dwyer Kolter Petri Dymally Kopetski Pickett vided to recreational boat users. Many of my not voting 15, as follows: Early Kyl Pickle constituents have written that the non­ [Roll No. 214] Eckart LaFalce Porter Edwards (CA) Lagomarsino Po shard emergency tows are routinely dealt with by pri­ AYES---412 vate tow companies. It is also my understand­ Edwards (OK) Lancaster Price Abercrombie Alla.rd Andrews (NJ) Edwards (TX) Lantos Pursell ing that the Coast Guard is not allowed to Ackerman Anderson Andrews (TX) Emerson La.Rocco Quillen charge for search and rescue services. To Alexander Andrews (ME) Annunzio Engel Laughlin Rahall July 18, 1991 CONGRESSIONAL RECORD-HOUSE 18851 Ramstad Sharp Thomas(CA) States and a foreign country pursuant to There was no objection. Ra.ngel Shaw Thomas(GA) which the head of an agency of the United Mr. TRAFICANT. Mr. Chairman, this Ra.venel Shays Thomas (WY) States Government has waived the require­ language has been added and appeared Ra.y Shuster Thornton ments of the Buy American Act with respect Reed Sikorski Torres in the bill last year. It contains provi­ Regula Sisisky to certain products produced in the foreign Torricelli country. sion for fairness and ensures that the Rhodes Skaggs Towns Richardson Skeen (b) REPORT TO CONGRESS.-The Secretary Buy America Act is followed. Traficant shall submit to Congress a report on the Mr. TAUZIN. Mr. Chairman, will the Ridge Skelton Traxler Riggs Slattery Unsoeld amount of purchases from foreign entities gentleman yield? Rinaldo Slaughter (NY) under this Act from foreign entities in fiscal Mr. TRAFICANT. I yield to the gen­ Slaughter (VA) Upton Ritter Valentine years 1992 and 1993. Such report shall sepa­ tleman from Louisiana. Roberts Smith (FL) rately indicate the dollar value items for Roe Smith (IA) VanderJagt Mr. TAUZIN. Mr. Chairman, I sup­ Smith(NJ) Vento which the Buy American Act was waived Roemer pursuant to any agreement described in sub­ port the Buy America laws and any ef­ Rogers Smith(OR) Vlsclosky forts to insure that taxpayer funds are Rohrabacher Smith(TX) Volkmer section (a)(2), the Trade Agreement Act of Ros-Lehtinen Snowe Vucanovlch 1979, (19 U.S.C. 2501 et seq.), or any inter­ expended in this country to keep our Rose Solarz Walker national agreement to which the United citizens employed. I would like to re­ Rostenkowski Solomon Walsh States is a party. mind the gentleman that there is a Roth Spence Washington (c) BUY AMERICAN ACT DEFINED.-For pur­ Roukema Spratt Buy America law in effect and that our Waters poses of this section, the term ''Buy Amer­ authorization bill contains specific Rowland Staggers Waxman ican Act" means the title Ill of the Act enti­ Roybal Stallings Weber tled "An Act making appropriations for the Buy America provisions with respect to Russo Stark Weldon Treasury and Post Office Departments for the acquisition of the buoy tender and Sabo Stearns Wheat Sanders Stenholm the fiscal year ending June 30, 1934, and for the purchase of the command and con­ Whitten other purposes", approved March 3, 1933 (41 Sangmeister Stokes Williams trol airplane. Santo rum Studds U.S.C. lOa et seq.). Under current law, 41 U.S.C. lOa Stump Wilson Sarpalius Wise (C) RESTRICTIONS ON CONTRACT AWARDS.­ through lOd, the Federal Government Sawyer Sundquist No contract or subcontract made with funds Saxton Swett Wolf is required to buy domestic products Wolpe authorized under this title may be awarded Schaefer Swift for the procurement of an article, material, unless such purchases are: Scheuer Synar Wyden First, inconsistent with the public Schroeder Tallon Wylie or supply produced or manufactured in a for­ Schulze Tanner Young(AK) eign country whose government unfairly interest; Schumer Tauzin Young (FL) maintains in government procurement a sig­ Second, unreasonable in cost; Sensenbrenner Taylor(MS) Zeliff nificant and persistent pattern or practice of Third, for use outside the United Serrano Taylor (NC) Zimmer discrimination against United States prod­ States, or NOE8----6 ucts or services which results in identifiable Fourth, of products not produced or harm to United States businesses, as identi­ Beilenson Green Kostmayer manufactured in the United States in Coughlin Hayes (IL) Yates fied by the President pursuant to (g)(l)(A) of section 305 of the Trade Agreements Act of sufficient and reasonably available NOT VOTING-15 1979 (19 U.S.C. 2515(g)(l)(a)). Any such deter­ commercial quantities and of satisfac­ Boxer James Moran mination shall be made in accordance with tory quality. Cox (IL) Kleczka Savage section 305. In addition, the Congress has further Gibbons Marlenee Schiff (D) PROHIBITION AGAINST FRAUDULENT USE acted in the Buy America Act of 1988 to Gray Matsui Weiss OF "MADE IN AMERICA" LABELS.-If it has Hopkins Mccurdy Yatron prohibit Federal procurement from been finally determined by a court or Fed­ countries that discriminate against the D 1229 eral agency that any person intentionally af­ United States in their procurement fixed a label bearing a "Made in America" Messrs. BEILENSON, YATES, and inscription, or any inscription with the same practices. HAYES of Illinois changed their vote meaning, to any product sold in or shipped Therefore, I support the gentleman's from "aye" to "no." to the United States that is not made in the amendment. Mr. WHEAT changed his vote from United States, that person shall be ineligible Mr. HUNTER. Mr. Chairman, will the "no" to "aye." to receive any contract or subcontract under gentleman yield? So the amendment, as amended, was this Act, pursuant to the debarment, suspen­ Mr. TRAFICANT. I yield to the gen­ agreed to. sion, and ineligibility procedures in subpart tleman from California. The result of the vote was announced 9.4 of chapter 1 of title 48, Code of Federal Mr. HUNTER. Mr. Chairman, I just as above recorded. Regulations. wanted to tell the gentleman that I The CHAIRMAN. Are there further Mr. TRAFICANT (during the read­ strongly support and many Members amendments to the bill? ing). Mr. Chairman, I ask unanimous on this side strongly support the gen­ AMENDMENT OFFERED BY MR. TRAFICANT consent that the amendment be consid­ tleman's buy American provisions. Mr. TRAFICANT. Mr. Chairman, I ered as read and printed in the RECORD. Mr. TRAFICANT. Mr. Chairman, I offer an amendment. The CHAIRMAN. Is there objection appreciate that from the gentleman The Clerk read as follows: to the request of the gentleman from from California. Amendment offered by Mr. TRAFICANT: At Ohio? The CHAIRMAN. The question is on the end of the bill, insert the following new Mr. GRADISON. Mr. Chairman, I do the amendment offered by the gen­ section: object. We do not have a copy of the tleman from Ohio [Mr. TRAFICANT]. SEC. • BUY AMERICAN PROVISIONS. amendment, and I am following this (A) The Secretary shall insure that the re­ The amendment was agreed to. bill to make sure that it coincides with PARLIAMENTARY INQUIRY quirements of the Buy American Act of 1933 the Budget Act. Without seeing it, I as amended apply to all procurements made Mr. SOLOMON. Mr. Chairman, I have must insist that this amendment and under this Act. a parliamentary inquiry. (B) DETERMINATION BY THE SECRETARY.-(!) other amendments be read. The CHAIRMAN. The gentleman will If the Secretary, after consultation with the The CHAIRMAN. Objection is heard. The Clerk will continue reading the state his inquiry. United States Trade Representatives, deter­ Mr. Mr. mines that a foreign country which is party amendment. SOLOMON. Chairman, I have to an agreement described in paragraph (2) The Clerk continued the reading of two amendments pending at the desk, has violated the terms of the agreement by the amendment. amendments 67 and 68, and my ques­ discriminating against certain types of prod­ Mr. TRAFICANT (during the read­ tion is, Is it possible to have these two ucts produced in the United States that are ing). Mr. Chairman, I ask unanimous amendments debated at the same time covered by the agreement, the Secretary consent that the amendment be consid­ in order to reduce the vote on the sec­ shall rescind the waiver of the Buy American ered as read and printed in the RECORD. ond amendment, should it be necessary Act with respect to such types of products The CHAIRMAN. Is there objection to have one? produced in that foreign country. (2) An agreement referred to in paragraph to the request of the gentleman from I know that planes are departing and (1) is any agreement, between the United Ohio? we do not want to delay those planes. I 18852 CONGRESSIONAL RECORD-HOUSE July 18, 1991 think it would save the membership Page 26, after line 5, add the following: keep throwing around the figure that it time if we could debate the two amend­ SEC. 27. CONTROLLED SUBSTANCES TESTING costs $77,000 for each positive drug test PROGRAM FOR CIVILIAN EMPLOY· ments and then have a 15-minute vote EES OF THE COAST GUARD. and that we're only catching a small on the first one, followed by a 5-minute (a) DEFINITION.-For purposes of this sec­ amount of people. Let's examine their vote. tion, the term "controlled substance" has statement more closely. Is that an acceptable procedure, if I the meaning given such term by section When you divide the total cost of the were to make a unanimous consent re­ 102(6) of the Controlled Substances Act (21 drug program by the number of people quest? u.s.c. 802(6)). who have been caught, you come up The CHAIRMAN. The Chair has some (b) CONTROLLED SUBSTANCES TESTING PRO­ with the figure they have quoted. This discretion in this area, if the amend­ GRAM.-The Secretary of the department in number reflects the fact that individ­ which the Coast Guard is operating shall es­ uals in security or sensitive positions ments are considered en bloc and if tablish and implement a program under there is no intervening business be­ which civilian employees of the Coast Guard have the sense to stay off drugs be­ tween the votes on the amendments. shall be subject to random testing for the il­ cause they know they are likely to be Does the gentleman ask unanimous legal use of controlled substances. tested, which is the whole point of drug testing. consent that the amendments be con­ Mr. SOLOMON (during the reading). sidered en bloc? Ladies and gentlemen we're not pay­ Mr. Chairman, I ask unanimous con­ ing to catch people. What we're paying Mr. SOLOMON. Mr. Chairman, that sent that the amendments be consid­ puts me at a disadvantage, but to go for is deterrence. ered as read and printed in the RECORD. It's like a great general recently along with the membership, I would The CHAIRMAN. Is there objection agree to do that, to have no interven­ quoted about military spending, "I'd to the request of the gentleman from rather sweat during peacetime, than ing debate but two separate votes. New York? The CHAIRMAN. The gentleman bleed during war." Right now, because There was no objection. we don't have an across-the-board ran­ makes a unanimous consent request The CHAIRMAN. Without objection, that the amendments be considered en dom drug testing program, the price the amendments will be considered en appears expensive. However, the price bloc. bloc. Is there objection to the request of for allowing illegal drug use to con­ There was no objection. tinue in the work force is far greater the gentleman from New York? Mr. SOLOMON. Mr. Chairman, I Mr. BURTON of Indiana. Mr. Chair­ than we can imagine. would like to first of all commend the But if you still want to look at the man, reserving the right to object, I gentleman from Michigan [Mr. DAVIS], just want to make sure. I just walked price we pay for implementing user ac­ the gentleman from Louisiana [Mr. countability programs, the cost is neg­ in so I apologize. I just want to clarify TAUZIN], and the gentleman from Texas something. ligible in terms of the big picture. [Mr. FIELDS] for the outstanding job There are a lot of ways to combat il­ The gentleman is talking about two that they do in the work on this com­ specific amendments that are coming legal drug use, but not a single one will mittee. It reminds me of the Commit­ work on its own. We spend billions of out now, not all the rest of the amend­ tee on Veterans' Affairs. ments to the bill. dollars on interdiction, treatment, and Mr. SOLOMON. Mr. Chairman, just D 1240 education, however, the drug abuse problem still exists. We have to get my two amendments. You certainly work together in a bi­ Mr. BURTON of Indiana. Mr. Chair­ tough. Except for the Federal employ­ partisan effort on behalf of the Amer­ ees unions, I have yet to see the Amer­ man, I withdraw my reservation of ob­ ican people, and I really do commend jection. ican public stand in opposition to ran­ you from the bottom of my heart. You dom drug testing. As a matter of fact The CHAIRMAN. Is there objection really do a great job. I wish all of our to the request of the gentleman from the majority of the American public committees could work this same way. supports random drug testing for all New York? Second, I just want to support the Federal employees. There was no objection. gentleman from Texas [Mr. FIELDS] Illegal drug use costs employers AMENDMENTS OFFERED BY MR. SOLOMON and the gentleman from Michigan [Mr. thousands of dollars a year in absentee­ Mr. SOLOMON. Mr. Chairman, I offer DAVIS] in their efforts, as well as the ism, reduced productivity, and accident two amendments. gentleman from Louisiana [Mr. TAU­ costs. The Clerk read as follows: ZIN], as far as the user fee is concerned. It also reduces morale for employees Amendments offered by Mr. SOLOMON: Page I never heard of a good tax or a good who must work with drug users. Casual 26, after line 5, add the following: fee, and certainly this one we are talk­ drug users represent 75 percent of the SEC. 27. DRUG TESTING REQUIRED AS A CONDI­ ing about repealing is one of the worst total market for illegal drugs. Since TION OF NEW EMPLOYMENT WITH that this Congress ever enacted. THE COAST GUARD. common sense says there are people (A) DEFINITIONS.-For purposes of this sec­ Mr. Chairman, the amendment re­ working for the Federal Government tion- quiring random drug testing of all ci­ using illegal drugs, why shouldn't we (1) the term "preemployment drug testing" vilian employees of the Coast Guard is expend the random drug testing pro­ means preemployment testing for the illegal identical to the amendment I have of­ grams we have already have in place to use of a controlled substance; and fered to every authorization bill on the include all Federal employees and stop (2) the term "controlled substance" has floor this year and identical to the this nonsense? the meaning given such term by section amendment your committee accepted. The old adage that an ounce of pre­ 102(6) of the Controlled Substances Act (21 I regret it is necessary to offer an u.s.c. 802(6)). vention is worth a pound of cure really (b) PREEMPLOYMENT DRUG TESTING.-No amendment to each authorizing bill; takes on some meaning in this situa­ person may be appointed to a civilian posi­ however, I have no choice because Post tion. tion in the Coast Guard unless that person Office and Civil Service Committee Random drug testing is the most ef­ undergoes preemployment drug testing in .ac­ Chairman FORD refuses to hold hear­ fective means of reducing illegal drug cordance with this' section. ings on my bill pending before his com­ use as was shown by the military when (c) REGULATIONS.-The Secretary of the de­ mittee for years now. they started implementing this pro­ partment in which the Coast Guard is oper­ Mr. Chairman, illegal drugs use is a gram in the early 1980's. They had a use ating shall issue regulations to carry out terrible problem that is ruining our reduction of 82 percent. Other drug subsection (b). Such regulations shall be is­ sued no later than 90 days after the date of country and something must be done testing methods allow for someone to the enactment of this Act. to stop it, and we can start today by prepare for the inevitable and try to (d) EFFECTIVE DATE.-This section applies adopting the two Solomon amend­ beat the system. And let me stress that with respect to any appointment taking ef­ ments. while othere methods are helpful, they fect after the date on which regulations are My colleagues who are in opposition are not the most effective when stand­ first issued under subsection (c). to my random drug testing amendment ing alone. July 18, 1991 CONGRESSIONAL RECORD-HOUSE 18853 If you feel this is unconstitutional, Mr. CLAY. Mr. Chairman, as the new vated young men and women who are let the Supreme Court prove it. If I'm chairman of the Committee on Post Of­ off drugs. And that is what counts, that wrong, you won't hear another peep fice and Civil Service, I would like to is what•random drug testing did. out of me about random drug testing. inform the gentleman that I intend to Mr. TAUZIN. Mr. Chairman, will the But if I'm right, shouldn't we ensure continue the policy of not having any gentleman yield? the public trust in our Government, hearings on your bills. Mr. SOLOMON. I am happy to yield shouldn't we use every means at our The CHAIRMAN. The time of the to the gentleman from Louisiana. disposal to put and end to illegal drugs gentleman from New York [Mr. SOLO­ Mr. TAUZIN. Mr. Chairman, I thank MON] has expired. the gentleman for yielding. use, and shouldn't we randomly test Mr. Chairman, I rise in support of the Federal employees? (By unanimous consent, Mr. SOLOMON The answer is yes because it is worth was allowed to proceed for 5 additional Coast Guard's civilian drug testing pro­ gram. spending tax dollars to ensure public minutes.) Currently, if you are a Coast Guard trust in Government, it is worth spend­ Mr. HUNTER. Mr. Chairman, will the gentleman yield? employee responsible for national secu­ ing tax dollars to improve morale on rity, public health, public safety, the the job, and most importantly it is Mr. SOLOMON. I am happy to yield to the gentleman from California. protection of life and property or if you worth spending tax dollars to save are a law enforcement officer, you al­ lives. Mr. HUNTER. Mr. Chairman, I thank the gentleman for yielding. ready must agree to a preemployment Mr. Chairman, as I've said before, drug test. The Coast Guard's current casual drug users represent 75 percent I commend the gentleman for his amendments, and I support them policy goes further; Coast Guard em­ of the total illegal drug market. ployees in positions of responsibility Mr. Chairman, if we could reduce il...: strongly. I think that we need to look at the history of drug testing with re­ must also submit to the following drug legal drug use by employees of our Na­ tests: random testing, reasonable sus­ tion's largest employer by 82 percent, spect to that very important class of Government employees which is the ac­ picion testing, postaccident testing, and then in the second largest em­ and f ollowup testing after rehabili ta­ ployer, the States, and then in the tive duty military in this country. third largest employer, the local gov­ The statistics that the gentleman tion. gave to the effect that there were 26 Coast Guard employees who serve in ernments, we would set the example for less responsible positions must also ac­ the private sector and if the private percent of our military who were ad­ mitted drug users in about 1982, and cept drug testing as part of their ca­ sector followed suit, what would hap­ reers. They must submit to drug test­ pen if illegal drug use was reduced by that that has gone down to about 4 per­ cent, those statistics are absolutely ac­ ing in following situations: reasonable 82 percent? suspicion testing, postaccident testing, The bottom would fall out of the ille­ curate. What we did in the military was de­ and followup testing after rehabilita­ gal drug market, and the drug lords tion. would have to go back to growing cof­ velop an antidrug ethic. We got people The Coast Guard has a successful fee, or go on welfare. involved against drugs, and we have drug testing program in place. The gen­ Mr. Chairman, the American people got the military community, and not tleman from New York's amendment overwhelmingly support this amend­ just the active duty members of the while important and ever necessary for ment. Less than 30 percent oppose it. military, but their families and their other Government agencies, is fortu­ Until just recently, this amendment friends and the civilian community, in­ volved as well, and, you know, all of nately less needed for the U.S. Coast routinely passed this House with little Guard. or no opposition. the horror stories that we saw in the Mr. SOLOMON. Mr. Chairman, let me A very few union leaders, represent­ early 1980's to the effect that this concur with exactly what the gen­ ing a very few Federal employees, and would have a demoralizing effect on tleman has said. They do have one of what seems to be the entire Democrat our military people turned out not to the best. We in no way cast any asper­ leadership, now rises up in righteous be accurate. sions on them. The CIA itself, the indignation over getting tough on drug In fact, their morale continued to Central Intelligence Agency, has the users. climb throughout the 1980's and was best. And the Coast Guard is as good as Well, Mr. Chairman, fair is fair. If manifest to everybody who saw, the CIA. random drug testing is good enough for through the magic of communications, Let me just get on to the second our military, if its good enough for half their activities and their superb action amendment. of the Federal employees, it ought to in Desert Storm. This amendment differs from the one be good enough for all. The point is that morale has never we just voted on. Mr. FORD of Michigan. Mr. Chair­ been higher among our military people, The previous amendment would have man, will the gentleman yield? and the morale among our civilian em­ required random drug testing of all Mr. SOLOMON. I am happy to yield ployees of the Coast Guard will, I pre­ Federal employees. to the gentleman from Michigan. dict, be higher if we involve them very This amendment would only require Mr. FORD of Michigan. Mr. Chair­ actively in the war against drugs. drug testing of applicants who are man, the gentleman used my name, I commend the gentleman. I do not about to be hired as Federal employees and I would like the RECORD to show see any detrimental effect as a result of the Coast Guard. that I have not been a member of the of his amendment, and I see a real Right now, all military members of Committee on Post Office and Civil chance to develop a strong antidrug the Coast Guard are randomly tested, Service since last year, so the gentle­ ethic in this branch of American Gov­ as are a number of Federal civilian em­ man's anger at me for not holding ernment that is dedicated to fighting ployees. hearings on his bill, he has not been drugs. This concept of testing job applicants very diligent if he does not even know Mr. SOLOMON. Mr. Chairman, I was recently upheld by the U.S. Dis­ who the chairman is, and I have not thank the gentleman for his remarks. trict Court of Appeals. been either the chairman or a member The gentleman is absolutely right. I Mr. Chairman, this amendment was of the committee since last year. hapJ?0ned to be in the Persian Gulf recently offered to the Defense author­ Mr. SOLOMON. Mr. Chairman, I twice during the conflict that took ization bill and failed by a very narrow know the gentleman is on Education place there. vote. and Labor now. Ladies and gentlemen, the reason Some Members who voted against my Mr. CLAY. Mr. Chairman, will the you can be so proud of those young amendment said they did not know gentleman yield? men and women is because they are the that it only affected new job appli­ Mr. SOLOMON. I am happy to yield best-educated, the best-trained, the cants; otherwise, they would have to the gentleman from Missouri. best-equipped, the most highly moti- voted for it. 18854 CONGRESSIONAL RECORD-HOUSE July 18, 1991 Mr. Chairman, this amendment sim­ Mr. TAUZIN. Mr. Chairman, perhaps how much did it cost Washington, DC ply requires new job applicants, as a the gentleman misunderstands my re­ for Marion Barry? How much did it condition of their employment, to sub­ marks. Let me clarify them. cost the kids of this country, looking mit a urine sample for the purpose of Not only are all military personnel of at the leadership, taking drugs? How testing for illegal drug use. the Coast Guard randomly drug tested, much does it cost other people, know­ but those civilians employed by the ing that they can? 0 1250 Coast Guard in sensitive positions are I witnessed personally the loss of an PARLIAMENTARY INQUIRY randomly drug tested as well. F-14. I saw a man cut in half. I saw a Mr. SOLOMON. Mr. Chairman, I have Mr. CUNNINGHAM. I understand person mess up documents tecause a parliamentary inquiry. that. One of the points I will make, they were spaced out on drugs. We do The CHAIRMAN. The gentleman will though, is that the only way we were not want employees walking around state it. able to catch these rascals, for exam­ spaced out on coke. ple, we never tested them on deploy­ The cost analysis, and I did this on a Mr. SOLOMON. Mr. Chairman, I was ment when we went over there to passed a note from the majority over squadron level with a little machine, there that there is a question about Yuma. when we came up with it, we tested in I took my drug team, unannounced, the lab, and it did not cost $77,000 per how this vote will take place on those and did a drug test. I caught 10 of my two amendments. person; that is ridiculous. senior petty officers doing drugs. Their Mr. CLAY. Mr. Chairman, I rise to At the end of the debate, I would reply to me was, "Skipper, we never hope the chairman would recognize me strike the requisite number of words. tested on deployment before. It was a The recent colloquy here tells Members for the purpose of asking for the two random check. You caught us. That separate votes, one a 15-minute and one why we ought to oppose this amend­ was not fair." I told them if they do ment. a 5-minute. drugs, I will catch them every sneaky The CHAIRMAN. The Chair will state Ten dollars it costs? What doctor way that I can. I think that is only charges $10 just to see a patient, much to the membership, prior to the taking right. of the vote, the circumstances under less to take a urine specimen? In sports activities, in the military, Mr. Chairman, let me say that in the which the vote will be taken. if a person knows a test is coming, Mr. SOLOMON. I might then, Mr. past 2 months, this House has exten­ they can avoid it through diuretics or sively debated the same issue and has Chairman, ask for a di vision as we con­ whatever it is. This provides a real way overwhelmingly rejected similar tinue the debate for vote purposes. to catch folks that are doing drugs. It amendments offered by the gentleman The CHAIRMAN. The gentleman may was very effective in the military. I from New York. We rejected amend­ demand a division of the question at have talked to the Coast Guard. If I ments to the State Department author­ this time. have people that I suspect of doing ization bill by 145 to 265. We rejected an Mr. SOLOMON. I do so. drugs and I cannot catch them, I will amendment to the Department of De­ The CHAIRMAN. The question will be very upset in the squadron itself. fense authorization bill by 157 to 269. be put separately on each of the two Every instance, it seems, when we We rejected an amendment to the In­ amendments being considered in bloc. want to do an antidrug test or random telligence authorization bill, 169 to 234. Mr. CUNNINGHAM. Mr. Chairman, I test, it is voted down. However, I would The gentleman stated that only a few move to strike the requisite number of ask my colleagues to really think labor union leaders are opposed to this. words. about this, send a message that we do In the past, that routinely, this Con­ I say to my colleague, the gentleman not accept drugs in the workplace. If gress passed similar amendments of­ from Louisiana that I know he has his people are going to do it, we are going fered by him. That is true. In the past, best interest, but let me shed a little to catch them. This is one way to do it. we did routinely pass, and that was be­ perspective from a personal perspec­ Mr. CLAY. Mr. Chairman, will the fore his proposal was scrutinized. tive. I was commanding officer of a gentleman yield? Now we find that the Department of group of about 600 people in a fighter Mr. CUNNINGHAM. I yield to the Defense, the Secretary of Defense op­ squadron when drug testing first start­ gentleman from Missouri. posed this amendment. We find that ed in the military. As a junior officer, Mr. CLAY. This government did con­ duct random drug tests, and it was not the Secretary of State opposes this I resisted it. I thought it was unfair. I amendment. We find that even the thought that I am a fighter pilot, what inexpensive. They tested 29,000 people. It cost $11.8 million. They found 153 Coast Guard today is opposing this right do they have testing me? I am amendment. So it is not just a few serving my country. who tested positive. That is $77,000 per positive test. labor leaders who are opposed to this. What I found was, after a long period They have had good reasons for oppos­ of time, we did find pilots, we found Let Members not leave the impres­ sion here that it is inexpensive to con­ ing it. members in the squardron not only First of all, the Coast Guard cur­ using drugs but dealing drugs as well. duct these random drug tests. Mr. SOLOMON. Mr. Chairman, will rently conducts random drug testing of As a commanding officer we adminis­ the gentleman yield? employees in safety critical positions. tered, within house, our own program Mr. CUNNINGHAM. I yield to the If they have a pilot, a pilot will be test­ at very low cost. We did it with our gentleman from New York. ed. That is not an argument here own drug team. Those individuals were Mr. SOLOMON. I have heard these today. If we have nurses, aircraft me­ able, when they had a positive test, to figures debated away here before. We chanics, pilots, all of these people are take that test to a lab. hear people talking about the tax­ being tested today. Now, Members say the Coast Guard, payers. Since the inception of the Coast the critical safety people are tested. This gentleman is rated, for 13 years, Guard's drug testing program, less The Coast Guard is in a war every sin­ in the top 10 percentile of this entire than one-half of 1 percent of those em­ gle day. I would want, as a boat owner, Congress, voting fiscally responsibly. ployees tested have tested positively. somebody coming up to me, holding a Let me just say this: When we talk That is consistent with the other test AKC--47 or whatever they carry, to have about how much it costs, it costs $10 results. been drug tested, or the person that is­ for a drug test. Ten dollars. I will leave According to a recent GAO report, sued that via paperwork, or the person this floor so we can go downstairs and less than one-half of 1 percent of the that issues anything within that. have Dr. Krasner test me. I invite any Federal employees tested positive. The Mr. TAUZIN. Mr. Chairman, will the Members to come along with me. It gentleman spent that $77,000 for each gentleman yield? will cost $10. Not $77,000. positive test. I say to the gentleman, Mr. CUNNINGHAM. I yield to the Mr. CUNNINGHAM. Mr. Chairman, Mr. Chairman, the courts have upheld gentleman from Louisiana. reclaiming the balance of my time, the legality of the Government's test- July 18, 1991 CONGRESSIONAL RECORD-HOUSE 18855 ing of Federal employees in sensitive ficult for what I now have to do. But again and again. I am going to keep positions and in positions affecting nevertheless, Mr. Chairman, I rise in doing this again and again, not because safety and health. opposition to the amendment by the I have anything against Federal em­ The gentleman from New York [Mr. gentleman from New York. The amend­ ployees. As a matter of fact, I am one SOLOMON] would require random test­ ment directs the Secretary of Trans­ of the major sponsors for the repeal of ing of Federal employees for no other portation to establish random drug­ the unconstitutional Hatch Act that reason than that they are Federal em­ testing programs for civilian employ­ affects Federal employees right now. I ployees. The Solomon amendment ees. The Coast Guard already has such have nothing but admiration for them. jeopardizes the constitutionality of the a program for safety positions and I be­ The thing is, we have to set an exam­ Government's existing drug-testing lieve that is sufficient. ple. program. Assuming that the gentleman from Second, I do not want any Federal New York wants mandatory random employee using drugs for any reason, if 0 1300 testing for all employees the cost they are illegal. Inaccurate drug tests do more dam­ would be astronomical. I just want to point out that the first age, those that cost $10, do more dam­ Under the current Coast Guard pro­ time we started calling for votes on age than good. gram-a program that tests all uni­ these amendments, I only received 145 The Solomon amendment lacks any formed personnel as well as civilians votes. The next time, a month later, it standard to ensure the accuracy and with safety related responsibilities-­ was 157. The next time, it went up to integrity of the tests it would impose, positive results have been found for 169, and finally on the Future Job Em­ and I urg:e my colleagues to once again less than one-half of 1 percent of per­ ployment, it got 197 votes. I am going reject this amendment. sons tested. to get 218 one of these days, Mr. Chair­ Mr. OBERSTAR. Mr. Chairman. will In light of these results, the Solomon man, and we are going to do something the gentleman yield? amendment seems to be a solution in about illegal drugs in America. Mr. CLA.Y. Yes; 1 yield to the gen­ search of a problem-and an expensive Mr. SIKORSKI. Mr. Chairman, I tleman from Minnesota. solution at that. Drug tests generally move to strike the requisite number of Mr. OBERSTAR. Mr. Chairman, !rise cost in the range of $30 for each test. I words. in stro:ng support of the position the have heard that for each drug user Mr. Chairman, as chairman of the Sutr gentleman has just advocated. caught through the Government's test­ committee on the Civil Service, I rise in strong The factual information the gen­ ing program, the Government has opposition to the amendments offered by my tleman has cited in the instance of the spent over $70,000. Mandatory testing good friend, the distinguished gentleman from Coast Guard would apply to aviation. of all Government employees would New York. In the experience I have had as chair­ propel these costs out of this world. It keeps going and going and going. Mr. man of the Aviation Subcommittee The proposal is wasteful and ineffi­ SOLOMON is more persistent than the Ener­ previously, the investigations in the cient. gizer bunny. This is the fourth time this body Oversight Committee in which we con­ The courts have consistently upheld has returned to the floor to debate these ducted extensive inquiry into this sub­ carefully tailored drug-testing pro­ amendments. The House has spoken deci­ ject of random drug ·te·sting, we found .grams that focus on persons in safety­ sively on drug testing of Federal employees: that the mistakes outlived the good sensiti ve positions. Indiscriminate In the past 2 months this body has over­ that is done by this program. Mistakes testing may very well be found to be an whelmingly defeated three proposals requiring are very hard to erase from the ,record unreasonable search and seizure. random drug testing of all State Department, of those innocent persons who are ran­ I urge my colleagues to oppose this Department of Defense, and Central Intel­ domly tested and upon whom a mis­ amendment and protect the Coast ligence Agency employees. This body has take was made and the injustice vis­ Guard's current testing program from also defeated a proposal requiring drug testing ited. It just is not worth the pain and court challenge. The current testing of all applicants to the Department of Defense. suffering and misery to an individual program advances our goal of a drug­ Mr. Chairman, we are again debating to go ahead and do this random testing free workplace-Let us not jeopardize unneeded drug testing amendments. The of persons who are not in critica1 posi­ this successful program just to show Coast Guard opposes Representative SOLO­ tions. That is what this is all about. we are tough on drugs. MON'S amendment. The Coast Guard currently I think the last point that the gen­ Mr. FIELDS. Mr. Chairman, I move conducts random drug testing of employees in tleman from Missouri made is the one to strike the requisite number of safety-critical positions. Positions such as fire that 'is so important, that this random words. I rise in support of the amend­ fighters, nurses, aircraft mechanics, and pilots testing goes far beyond the criticality ment. are all randomly tested. Since the inception of issue. People in sensitive and critical Mr. Chairman, I think we are in some the Coast Guard's drug-testing program, less positions are cover.eel by Government very unusual times in our country, and than one-half of 1 percent of those employees policy. They should be, and that is a consequently it requires unusual meas­ tested, tested positive. proper :use of drug testing., but not this ures. That is why I support the In addition to randomly testing civilian em­ fifilling expedition that would ,be visited gentlmen's amendment. ployees, the Coast Guard currently tests all UPon people who are not in sensitive or Mr. SOLOMON. Mr. Chairman, will applicants for safety-critical positions. critical positions in the Government, the gentleman yield? Mr. Chairman, as we have stated over and and selecting ,them just simply, a.s the Mr. FIELDS. I am glad to yield to over, these proposals will be a waste of tax­ .gentleman so wen said, just because the gentleman from New York. payers money. A recently released GAO re­ they are Federal Government employ­ Mr. SOLOMON. Mr. Chairman, I port showed it costs anywhere from $38.08 to ees. That is wrong. That is unfair. It thank the gentleman for yielding to $124.50 to conduct a drug test. Our sutr should not be done and we ought to de­ me. I will try to be brief here, because committee found that it costs $77 ,000 to iden­ feat this amendment. I know everbodywants to go. tify just one person using illegal drugs. Mr. CLAY. Mr. Chairman, I thank You know, we talk about the con­ Spending all this money didn't even turn up the gentleman, and I urge defeat of the stitutionality of this amendment. Here many users of illegal drugs. Less than 0.5 per­ amendment. are the press clippings out of the Wash­ cent of the employees randomly drug tested, Mr. JONES of North Carolina. Mr. ington Post saying that the testing of tested positive. Contrary to my good friend Chairman, I move to strike the req­ future employees is totally constitu­ from New York's assertion, there is not a uisite number of words. tional. drug-testing problem in the Federal Govern­ First of all, I would like to say to the But let me just respond a little bit to ment like there once was in the military. Our gentleman from New York, I appreciate the chairman who questioned the votes Federal civil servants are some of the most his many kind remarks he made about that my amendment gets and why I hard-working, most dependable, and most this committee. It makes it more dif- have to keep coming back and doing it family oriented and drug-free employees in 18856 CONGRESSIONAL RECORD-HOUSE July 18, 1991 America. Surveys show that they are older and that is why every agency has op­ cause is the key. That is what our Con­ and more conservative than any other work posed the amendment. stitution says, that is what the court force, private or public, in America. To require Now, as far as I know, all the agen­ cases have said, and we ought to con­ them to urinate in a plastic cup anytime and cies are still run by people appointed tinue to follow it as we have in the anywhere is a slap in the face of every one of by President Bush, and they oppose past. those dedicated civil servants. this. They oppose it because they do The CHAIRMAN. The question is on Mr. Chairman, for all these reasons, I not perceive it to be necessary. the amendments offered by the gen­ strongly urge all Members to oppose the Anytime that somebody in the Coast tleman from New York [Mr. SOLOMON]. amendments and vote "no" on the Solomon Guard or any other Federal agency has The question will be divided. amendments. any reason to believe, that is, probable The Clerk will read the title of the Mr. HOYER. Mr. Chairman, I move to cause that somebody is using drugs and amendment upon which the vote will strike the requisite number of words. that is adversely affecting their per­ be taken. Mr. Chairman, my friend may be formance on the job, they are subject Mr. SOLOMON. Mr. Chairman, it right. At some point in time he might to testing right now, period. That is would be amendment 8. get 218 votes. not what we are talking about. The Clerk read the title of the The fact of the matter is, though, We are talking about for no cause. amendment. that the gentleman keeps trying to fix Random testing is now in place, as I The CHAIRMAN. The question is on something "that ain't broke." said, after long negotiations between the amendment offered by the gen­ Do I mean that we do not have a drug myself and others in the Congress and tleman from New York [Mr. SOLOMON]. problem? We do. Of course, I do not the leaders in the Reagan administra­ mean that. tion reached a policy that is working. RECORDED VOTE I mean that we acted, interestingly It does not need to be fixed. Mr. SOLOMON. Mr. Chairman, I de­ enough, in a bipartisan fashion with Mr. WALKER. Mr. Chairman, will mand a recorded vote. the Reagan administration and the the gentleman yield? A recorded vote was ordered. Democratic Congress. As I have said Mr. HOYER. I yield to the gentleman The CHAffiMAN. Pursuant to clause before in debates on these issues, we from Pennsylvania [Mr. WALKER]. 2( c) of rule XXIII, the Chair will reduce had an awful lot of discussion as to ' Mr. WALKER. I thank the gentleman to a minimum of 5 minutes the period how to implement a drug-testing pro­ for yielding. of time within which a vote by elec­ gram that would be effective in reduc­ Mr. Chairman, the gentleman makes tronic device, if ordered, will be taken ing any risk, particularly to safety of a point he has made on several occa­ on the second amendment, if that ques­ individuals involved with Federal em­ sions, but I just noticed in the news­ tion is put without intervening debate ployees, who may be Federal employ­ paper headline a few minutes ago back or amendment. ees or maybe drive a train or drive in the cloakroom that the U.S. Olym­ The vote was taken by electronic de­ something of that nature where the im­ pic Committee is going to begin drug vice, and there were-ayes 177, noes 240, mediate use of drugs might cause a testing in October. Now, they are doing not voting 16, as follows: safety problem, or where they carry a it as a preventive measure. I do not [Roll No. 215] gun, or where they have secrets avail­ think the gentleman would contend AYES-177 able to them, safety-sensitive employ­ that our Olympic athletes are druggies, Allard Erdreich Marlenee ees. that we have a whole host of drug users Annunzio Ewing Martin I suggest to you that we have fixed in the Olympic Committee. Yet they Applegate Fa.well McCandless the problem. The administration is not Archer Fields McColl um are going to use this as a preventive Armey Franks (CT) McCrery for the Solomon amendments. The measure and so on. Baker Gallegly McEwen Coast Guard is not for the Solomon So the question is, Why can it not be Ballenger Gaydos McMillan (NC) amendments, and we ought not to be used elsewhere in society for the same Barnard Gekas Meyers Barrett Geren Michel for the Solomon amendments. reason? Barton Gibbons Miller(OH) In point of fact, as I think the chair­ Mr. HOYER. Well, the gentleman is Bennett Gilchrest Molinari man of the subcommittee has already not necessarily comparing oranges and Bentley Gingrich Montgomery pointed out, I was not on the floor, but oranges, for one thing. Bereuter Glickman Moody Bevill Goodling Moorhead the gentleman from Louisiana in pre­ As the gentleman knows, there are Bilira.kis Goss Murphy vious discussion had pointed out that specific rules with respect to not nec­ Bl1ley Gra.dison Myers the Coast Guard has in place now a essarily the drugs that we might be Boehner Ha.U (TX) Neal (MA) Brewster Hammerschmidt Nichols very effective random drug-testing pro­ talking about here, but the use of Broomfield Hancock NuBBle gram. steroids and other drugs that are in­ Browder Hansen Packard The good news is in the past 4 years tended to maximize performance, un­ Bunning Harris Parker the Coast Guard has random tested 785 fairly pitting athletes against one an­ Burton Hastert Patterson Byron Hayes (LA) Paxon people and only 4, less than a half per­ other. That is one of the reasons they Callahan Hefiey Payne (VA) cent, have verified positive. want to make sure that nobody is on Ca.mp Henry Quillen Now, what does that mean? In the those types of drugs. Chandler Herger Ramstad Coble Hobson Ravenel armed services, we have statistics that Mr. WALKER. If the gentleman will Coleman (MO) Holloway Regula. are now 41/2 percent, after a very inten­ yield, there are specific rules in our so­ Combest Hubbard Rhodes sive, intrusive, across-the-board test­ ciety, too, about the use of illegal Condit Hunter Riggs ing process, which was necessary be­ drugs because it impacts on work per­ Coughlin Hutto Rinaldo Cox (CA) Hyde Ritter cause of the very large problem that we formance, it impacts on safety, it im­ Cramer Inhofe Roberts had in the Armed Forces uniformed pacts on all kinds of things in our soci­ Crane Ireland Roemer personnel. We have had success there; ety. There are specific rules in society Cunningham Johnson (TX) Rogers Dannemeyer Kasi ch Rohra.ba.cher but it is still in the armed services, that the gentleman from New York is De Lay Klug Ros-Lehtinen even with the testing program the gen­ trying to enforce as well. Dickinson Kolbe Roth tleman suggests, 400 percent, or actu­ Mr. HOYER. Well, I have the time, I Dixon Kolter Roukema ally 800 percent, one-half percent ver­ suppose, and I will retain it. Donnelly Kyl Sa.ntorum Doolittle Lagomarsino Sarpa.lius sus 41/2 percent, greater in that respect, The gentleman is absolutely right, Dornan (CA) Lent Saxton or 31/2 percent better. there are rules. And if it impacts on Dreier Lewis (CA) Schaefer The point being that we have had performance, right now you can test Duncan Lewis (FL) Schulze Early Lightfoot Sensenbrenner some very spirited debate on this them period, without Solomon, period. Edwards (OK) Lloyd Shaw amendment. This amendment is not There is no doubt in anybody's mind Emerson Lowery (CA) Shays necessary to accomplish our objective, that performance is key, that probable English Luken Shuster July 18, 1991 CONGRESSIONAL RECORD-HOUSE 18857 Skeen Tallon Vander Jagt NOT VOTING-16 Kolbe Orton Slattery Slaughter (VA) Tanner Vucanovich Kolter Oxley Slaughter (VA) Alexander James Pursell Kyl Packard Smith(FL) Smith (NJ) Tauzin Walker Kleczka Boxer Schiff Lagomarsino Parker Smith (NJ) Smith (OR) Taylor (MS) Walsh Bustamante Laughlin Weiss Lent Patterson Smith(OR) Smith(TX) Taylor(NC) Weldon Cox (IL) Matsui Yatron Lewis (CA) Pa.xon Smith(TX) Solomon Thomas (CA) Whitten Gray Moran Lewis (FL) Payne (VA) Spence Thomas(WY) Wilson Hopkins Nagle Solomon Stearns Torricelli Wylie Lightfoot Petri Spence Stenhobn Traficant Young (FL) 0 1333 Lipinski Porter Spratt Stump Upton Zeliff Livingston Poshard Stearns Sundquist Valentine Zimmer The Clerk announced the following Lloyd Ramstad Stenhobn pair: Long Ravenel Stump Lowery (CA) Regula Sundquist NOES--240 On this vote: Luken Rhodes Tallon Abercrombie Gunderson Owens (NY) Mr. James for, with Mr. Moran against. Machtley Riggs Tanner Ackerman Hall(OH) Owens (UT) Marlenee Rinaldo Tauzin Anderson Hamilton Oxley Messrs. PANETTA, MCMILLEN of Martin Ritter Taylor(MS) Andrews (ME) Hatcher Pallone Maryland, OXLEY, and Mrs. COLLINS McCandless Roberts Taylor(NC) Andrews (NJ) Hayes (IL) Panetta of Illinois changed their vote from McCollum Roemer Thomas(WY) Andrews (TX) Hefner Payne (NJ) McCrery Rogers Torricelli Anthony Hertel Pease "aye" to "no." McCurdy Robrabacher Traficant Asp in Hoagland Pelosi Mr. THOMAS of California and Mr. McEwen Ros-Lehtinen Upton Atkins Hochbrueckner Penny ANNUNZIO changed their vote from McMillan (NC) Rose Valentine AuCoin Horn Perkins "no" to "aye." Meyers Roth Vander Jagt Bacchus Horton Peterson (FL) Michel Sa.ngmeister Volkmer Bateman Houghton Peterson (MN) So the amendment was rejected. Miller(OH) Sa.ntorum Vucanovich Beilenson Hoyer Petri The result of the vote was announced Molinari Sa.rpa.lius Walker Berman Huckaby Pickett as above recorded. Montgomery Saxton Walsh Bilbray Hughes Pickle Moody Schaefer Weber Boehlert Jacobs Porter ANNOUNCEMENT BY THE CHAffiMAN Moorhead Schulze. Weldon Bonior Jefferson Poshard The CHAIRMAN. The pending busi­ Morrison Sensenbrenner Whitten Borski Jenkins Price ness is the vote on the second amend­ Murphy Shaw Wilson Boucher Johnson (CT) Rahall Neal (MA) Shays Wylie Brooks Johnson (SD) Rangel ment offered by the gentleman from Nichols Shuster Young (FL) Brown Johnston Ray New York [Mr. SOLOMON]. Nussle Skeen Zeliff Bruce Jones (GA) Reed The Clerk will restate the title of the Ortiz Skelton Zimmer Bryant Jones(NC) Richardson amendment. Campbell (CA) Jontz Ridge NOES--213 Campbell (CO) Kanjorski Roe The Clerk read the title of the Abercrombie Feighan Mavroules Cardin Kaptur · Rose amendment. Ackerman Fish Mazzolt Carper Kennedy Rostenkowski The CHAIRMAN. The question is on Anderson Flake McCloskey Carr Kennelly Rowland the amendment offered by the gen­ Andrews (ME) Foglietta McDade Chapman Kildee Roybal Annunzio Ford(MI) McDermott Clay Kopetski Russo tleman from New York [Mr. SOLOMON]. Anthony Ford(TN) McGrath Clement Kostmayer Sabo The question was taken; and the Atkins Frank(MA) McHugh Clinger LaFalce Sanders Chairman announced that the noes ap­ AuCoin Frost McMillen(MD) Coleman (TX) Lancaster Sangmeister Bacchus Gejdenson McNulty Collins (IL) Lantos Savage peared to have it. Baker Gephardt Mfume Collins (MI) LaRocco Sawyer RECORDED VOTE Bateman Gilbnor Miller(CA) Conyers Leach Scheuer Mr. SOLOMON. Mr. Chairman, on Beilenson Gonzalez Miller(WA) Cooper Lehman (CA) Schroeder Berman Gordon Mine ta Costello Lehman (FL) Schumer that I demand a recorded vote. Bilbray Grandy Mink Coyne Levin (MI) Serrano A recorded vote was ordered. Boehlert Green Moakley Darden Levine (CA) Sharp Boni or Gunderson Mollohan The CHAIRMAN. The Chair will state Borski Hall (OH) Moran Davis Lewis(GA) Sikorski that this will be a 5-minute vote. de la. GltrZa Lipinski Sisisky Boucher Hamilton Morella. DeFazio Livingston Skaggs The vote was taken by electronic de­ Brown Hatcher Mrazek DeLauro Long Skelton vice, and there were-ayes 204, noes 213, Bruce Hayes (IL) Murtha Dellurns Lowey(NY) Slattery Bryant Hertel Myers not voting 16, as follows: Hoagland Derrick Machtley Slaughter (NY) Campbell (CA) Natcher Campbell (CO) Hochbrueckner Neal (NC) Dicks Manton Smith(FL) [Roll No. 216) Cardin Horn Nowak Markey (IA) Dingell Smith AYES--204 Carper Horton Dakar Dooley Martinez Snowe Allard Coleman (TX) Gilchrest Carr Houghton Oberstar Dorgan (ND) Mavroules Solarz Andrews (NJ) Combest Gibnan Clay Hoyer Obey Downey Mazzoli Spratt Andrews (TX) Condit Gingrich Clement Hughes Olin Mccloskey Durbin Staggers Applegate Costello Glickman Collins (IL) Jacobs Olver Dwyer McCurdy Stallings Archer Coughlin Goodling Collins (MI) Jefferson Owens(NY) Dymally McDade Stark Armey Cox (CA) Goss Conyers Jenkins Owens(UT) Eckart McDermott Stokes Asp in Cramer Gradison Cooper Johnson (CT) Pallone Edwards (CA) McGrath Studds Ballenger Crane Guarini Coyne Johnson (SD) Panetta Edwards (TX) McHugh Swett Barnard Cunningham Hall (TX) Darden Johnston Payne (NJ) Engel McMillen(MD) Swift Barrett Dannemeyer Hammerschmidt Davis Jones (NC) Pelosi Espy McNulty Synar Barton De Lay Hancock de la. Garza Jontz Penny Evans Mfume Thomas(GA) Bennett Dickinson Hansen De Fazio Kanjorski Perkins Fascell Miller(CA) Thornton Bentley Donnelly Harris DeLauro Kaptur Peterson (FL) Fazio Miller (WA) Torres Bereuter Doolittle Hastert Dellurns Kennedy Peterson (MN) Feighan Min eta Towns Bevill Dornan (CA) Hayes (LA) Derrick Kennelly Pickett Fish Mink Traxler Bilirakis Dreier Hefley Dicks Kildee Pickle Flake Moakley Unsoeld Bliley Duncan Hefner Dingell Kopetski Price Foglietta Mollohan Vento Boehner Early Henry Dixon Kostmayer Quillen Ford (MI) Morella Visclosky Brewster Edwards (OK) Herger Dooley LaFalce Rahall Ford (TN) Morrison Volkmer Brooks Emerson Hobson Dorgan (ND) Lancaster Rangel Frank (MA) Mrazek Washington Broomfield English Holloway Downey Lantos Ray Frost Murtha Waters Browder Erdreich Hubbard Durbin LaRocco Reed Gallo Natcher Waxman Bunning Ewing Huckaby Dwyer Leach Richardson Gejdenson Neal(NC) Weber Burton Fawell Hunter Dymally Lehman (CA) Ridge Gephardt Nowak Wheat Byron Fields Hutto Eckart Lehman (FL) Roe Gilbnor Oakar Williams Callahan Franks (CT) Hyde Edwards (CA) Levin (MI) Rostenkowski Gibnan Oberstar Wise Camp Gallegly Inhofe Edwards (TX) Levine (CA) Roukema Gonzalez Obey Wolf Chandler Gallo Ireland Engel Lewis(GA) Rowland Gordon Olin Wolpe Chapman Gaydos Johnson (TX) Espy Lowey (NY) Roybal Grandy Olver Wyden Clinger Gekas Jones (GA) Evans Manton Russo Green Ortiz Yates Coble Geren Kasi ch Fascell Markey Sabo Guarini Orton Young(AK) Coleman (MO) Gibbons Klug Fazio Martinez Sanders 18858 CONGRESSIONAL RECORD-HOUSE July 18, 1991 Savage Staggers Unsoeld Mr. TAUZIN. Mr. Chairman, I would The American people have a right to Sawyer Stallings Vento Scheuer Stark Visclosky indicate that the amendment offered expect truth in labeling, whether it is Schroeder Stokes Washington by the gentleman from California [Mr. found on a bottle of orange juice, a jar Schumer Studds Waters FAZIO] is not only in order, but, we like of pasta sauce, a Milli Vanilli compact Serrano Swett Waxman him so much, we would probably go disc, or a Government-issued user fee Sharp Swi~ Wheat Sikorski Synar Willia.ms along with him were it not. decal. Sisisky Thomas(CA) Wise Mr. FIELDS. Mr. Chairman, will the As a result of an 11th-hour deal cut Skaggs Thomas(GA) Wolf gentleman yield? during last year's budget reconciliation Slaughter (NY) Thornton Wolpe Mr. FAZIO. I yield to the gentleman negotiations, beginning next month, Smith(IA) Torres Wyden Snowe Towns Yates from Texas. approximately 4.1 million boaters will Solarz Traxler Young (AK) Mr. FIELDS. Mr. Chairman, we have have to pay an annual so-called user NOT VOTING-16 looked at this amendment and have no fee of anywhere from $25 to $100, de­ problems. We support what the gen­ pending on the size of their rec­ Alexander James Pursell Boxer Kleczka Schiff tleman from California [Mr. FAZIO} is reational vessel. Mr. Chairman, I do be­ Bustamante Laughlin Weiss attempting to do. lieve that legitimate user fees can and Cox (IL) Matsui Yatron Mr. FAZIO. Mr. Chairman, I thank should be used to raise revenue for spe­ Gray Nagle the gentleman from Louisiana [Mr. cific services or projects. The problem Hopkins Pease TAUZIN} and the gentleman from Texas in this case is really quite simple: 0 1342 [Mr. FIELDS} for their support. We're not dealing with a user fee­ Ms. WATERS changed her vote from The CHAIRMAN. The question is on we're talking about a tax, plain and "aye" to "no." the amendment offered by the gen- simple. In my book, a user fee is de­ So the amendment was rejected. tleman from California [Mr. FAZIO]. fined as one in which there is a clear The result of the vote was announced The amendment was agreed to. and rational nexus between the fee as above recorded. The CHAIRMAN. Are there further being charged and any service rendered Mr. CHAIRMAN. Are there further amendments to the bill? in return. In the case of the rec­ amendments to the bill? AMENDMENT OFFERED BY MR. GOSS reational boat fee, people will receive AMENDMENT OFFERED BY MR. FAZIO Mr. GOSS. Mr. Chairman, I offer an nothing in return for their dollars. In Mr. FAZIO. Mr. Chairman, I offer an amendment. fact, the final rule on the user fee pub­ amendment. The Clerk read as follows: lished in the July 1 Federal Register The clerk read as follows: Amendment offered by Mr. Goss: clearly states that: Amendment offered by Mr. FAZIO: Add at SEC. • DISCLOSURE REGARDING REC· Recreational vessel owners paying the pro­ the end of the bill the following new section: REATIONAL VESSEL FEE. posed fee, therefore, can expect no increase SEC. • PORTION OF SACRAMENTO RIVER BARGE Section 2110(b) of title 46, United States in the quantity, quality, or variety of serv­ CANAL DECLARED TO NOT BE NAVI· Code, is amended by adding at the end the ices they receive from the Coast Guard. GABLE WATERS OF UNITED STATES. following new paragraph: So let's begin by getting our termi­ For purposes of bridge administration, the "(5) The Secretary shall provide to each person who pays a fee or charge under this nology straight-this annual fee is Sacramento River Barge Canal, which con­ nothing more than a tax, levied on rec­ nects the Sacramento Deep Water Ship subsection a separate document on which ap­ Channel with the Sacramento River in West pears, in readily discernable print, only the reational boaters for no other reason Sacramento, Yolo County, California, is de­ following statement: than to raise revenue for deficit reduc­ clared to not be a navigable waters of the "Persons paying the fee for which this doc­ tion. And that is the crux of my United States for purposes of the General ument is provided can expect no increase in amendment-truth in labeling. Bridge Act of 1946 (33 U.S.C. 525 et seq.) from the quantity, quality, or variety of services Mr. Chairman, clearly the right thing the eastern boundary of the Port of Sac­ the person receives from the Coast Guard as to do is to repeal this unfair tax out­ ramento to a point 1,200 feet east of the Wil­ a result of that payment.'" right. Let's admit the mistake and liam G. Stone Lock. Mr. GOSS (during the reading). Mr. wipe it off the books-but as usual, Mr. FAZIO (during the reading). Mr. Chairman, I ask unanimous consent passing a bad law is often easier than Chairman, I ask unanimous consent that the amendment be considered as repealing one-al though our repeal that the amendment be considered as read and printed in the RECORD. drive has the support of almost half of read and printed in the RECORD. The CHAIRMAN. Is there objection this House already and counting­ The CHAIRMAN. Is there objection to the request of the gentleman from we 've still got more work to do. to the request of the gentleman from Florida. In the interim, let's do the right California? There was no objection. thing and own up to what the Congress There was no objection. Mr. GOSS. Mr. Chairman, as a fellow has done. The boaters have a right to Mr. FAZIO. Mr. Chairman, I have sponsor of H.R. 1776, I commend Chair­ know exactly what they are paying for. been working with the Coast Guard and man JONES, Mr. DAVIS, Mr. TAUZIN, Mr. Lest there be any question, the Coast the Committee on Merchant Marine FIELDS, Mr. STUDDS, Mr. PICKETT, and Guard has not asked me to present this and Fisheries on this amendment Mr. HUGHES for the fine work they have amendment. In this instance the Coast which is designed to address a local done in putting together the Coast Guard is the unwitting victim of an un­ problem in my district. It will enable Guard authorization bill for fiscal year happy congressionar surprise-and my the city of West Sacramento to expe­ 1992. Let me begin by saying I urge my purpose in seeking this disclaimer is to dite the approval process for bridge colleagues to vote for this bill. avoid the shoot the messenger syn­ projects over a barge canal. It is a non­ But we would be remiss if we allowed drome. The Coast Guard is doing its controversial amendment. Neither the today's discussion of the Coast Guard best to live up to this ill-advised con­ authorizing committee nor the Coast to pass by without addressing one of gressional mandate that has literally Guard have any objections to the the primary concerns of America's made them another arm of the IRS. amendment. boaters-the so-called recreational It is my hope that this amendment I want to thank Chairman JONES, boat user fee imposed during last will benefit the Coast Guard by remov­ subcommittee chairman, Mr. TAUZIN, year's budget deal. ing any confusion or heightened expec­ and ranking member, Mr. DAVIS for the Mr. Chairman, today I am introduc­ tations from vesselowners who have outstanding job they have done on this ing a truth in labeling amendment to paid the fee. In addition, my amend­ bill and for their help in crafting this H.R. 1776-one that requires a dis­ ment provides ample latitude to keep amendment. claimer on this so-called user fee, the administrative costs, which may be Mr. TAUZIN. Mr. Chairman, will the clearly alerting boaters to the fact recovered by the Coast Guard, at a gentleman yield? that they should expect no new or im­ minimum. Mr. FAZIO. I yield to the gentleman proved services in return for their I urge my colleagues to join me in from Louisiana. money. our efforts to repeal this discrimina- July 18, 1991 CONGRESSIONAL RECORD-HOUSE 18859 tory tax, but in the meantime, if you of it. I think it is a good idea and I rec­ come to the floor today with an amend­ believe in truth in labeling, I urge your ommend we adopt the amendment. ment to repeal, but it had so many support for my amendment. Mr. OBERSTAR. Mr. Chairman, I budgetary implications, there was not move to strike the last word, and I rise time enough to deal with those. Some­ 0 1350 in support of the amEindent. day we will have to do that, but I im­ Mr. TAUZIN. Mr. Chairman, will the Mr. Chairman, while I rise in support plore the chairman and the ranking gentleman yield? of the amendment of the gentleman member to work the Coast Guard a lit­ Mr. GOSS. I yield to the gentleman from Florida [Mr. Goss], I rise prin­ tle bit more on this subject. from Louisiana. cipally to express my deep dissatisfac­ It is an unreasonable burden upon Mr. TAUZIN. Mr. Chairman, just to tion with the way in which the Coast boaters in Minnesota, elsewhere, any clarify the point that the gentleman's Guard has managed this fee issue, this State that has lakes, any State that amendment, as I understand it, does boater fee issue. has coastal navigable waterways, to not affect the implementation of this Forgive me, but the way the Coast say, "You go out there and use your user fee in this current year. It will be Guard has applied the fee description boat and if you are in violation, we will effective in the next year of implemen­ to inland waters is murky, to say the fine you. Then you come back and talk tation, is that correct? least. Coming from Minnesota, where to us about it." Mr. GOSS. Mr. Chairman, reclaiming we have 15,000 clean lakes, I want to That is an unreasonable burden. my time, it is my understanding that tell my colleagues, about the best the Mr. TAUZIN. Mr. Chairman, will the this would not make an administrative Coast Guard can do, I will say to the gentleman yield? difference to the Coast Guard. If there chairman of the subcommittee, about Mr. OBERSTAR. I yield to the gen­ is anything that would cause them the best the Coast Guard can do in ex­ tleman from Louisiana. grief, I have assured them and assured plaining this to me and to my constitu­ Mr. TAUZIN. Mr. Chairman, the the gentleman that I would be de­ ents is to say, "We can't describe for Coast Guard regulation is not quite lighted that effectiveness of this action you which are navigable waters in the that imprecise, although it is terrible be postponed until next year. State of Minnesota except for Lake Su­ in my opinion, still. It says that if your What I wanted to do was to ensure perior and the Mississippi River, but boat can reach those navigable that in the event that there was no se­ tell you folk to go out there, use their streams, once you launch it, if you can rious effect on this, that it could go boats, and if they are in violation, then get to a navigable stream from where forward this year. we will fine them.'' you launch, you are covered with Coast Mr. TAUZIN. Mr. Chairman, if the That is a $5 experiment I do not want Guard presence. They are trying to im­ gentleman will continue to yield, with anybody in my district to make. I plement some very strange language that understanding, we have no objec­ think it is silly. It is a lousy law. It we wrote, and it is not their fault. I tion to the amendment. was applied in a bad way. It should not would hope the gentleman would un­ Mr. FIELDS. Mr. Chairman, will the have been done the way it was done. derstand that our committee has gentleman yield? I understand the Coast Guard has had worked hard to get the Coast Guard to Mr. GOSS. I yield to the gentleman plenty of time, were they willing, to do clarify what we did not clarify in the from Texas. this thing right. And if they did not law. They are having a tough time Mr. FIELDS. Mr. Chairman, I would have enough time, to take a little more doing it. like to rise in strong support. I think time, come back to the Congress, ask Mr. OBERSTAR. Mr. Chairman, leg­ the gentleman makes a very important for more time, we would give it to islating something like this in a budget statement on this issue. them to do it right. reconciliation act is the worst way to Mr. Chairman, I rise in support of the Goss I just want to say that happily, the do legislation. Had it come through the truth-in-labeling amendment and I compliment Coast Guard said hand-propelled craft, Subcommittee on Coast Guard and the author for his foresight in this matter. canoes, will not be subject to the fee, Navigation, I am confident that the While the Coast Guard has indicated that nor pirogues either. But the way they gentleman and his counterpart on the those who pay the recreational boat fee can have applied this, nobody knows Republican side would have crafted a expect no increase in services, I think it is un­ whether that are going to go out today reasonable bill with reasonable lan­ likely that the vast majority of Americans read and boat and have a fine tomorrow. guage in reasonable time in which to the Federal Register or understand that this Mr. TAUZIN. Mr. Chairman, will the promulgate regulations. But it did not annual assessment is not a user fee but a tax. gentleman yield? happen that way. Under the Budget Reconciliation Act of Mr. OBERSTAR. I yield to the gen­ The Coast Guard, I respect it im­ 1990, the Coast Guard is charged with the re­ tleman from Louisiana. mensely, have not done the job that sponsibility of collecting this fee, yet, none of Mr. TAUZIN. Mr. Chairman, I hope they usually do and that we count on this money goes to the Coast Guard and, the gentleman does not take his anger them doing. therefore, there are no resources available to at this user fee, which we all share, Mr. DAVIS. Mr. Chairman, will the provide additional or increased service to the too, to harshly upon the Coast Guard. gentleman yield? boating community. This amendment will The problem is we wrote a bad law in Mr. OBERSTAR. I yield to the gen­ make it clear to those who pay the fee that the budget agreement. tleman from Michigan. there is no relationship between the payment Mr. OBERSTAR. Mr. Chairman, I Mr. DAVIS. Mr. Chairman, the gen­ and Coast Guard services. said that. tleman from Minnesota is correct. We Again, I compliment the author who is a val­ Mr. TAUZIN. If the gentleman would talk about Lake Superior, the Mis­ uable member of our committee and I look for­ continue to yield, the law says that the sissippi River. What about a tributary ward to the day when we will repeal the oner­ Coast Guard must apply the fee wher­ that leads from Lake Superior? ous recreational boat fee. ever it has a presence. What the heck We have asked the Coast Guard, we Mr. DAVIS. Mr. Chairman, will the does that mean? have got a river that dumps into, let's gentleman yield? Mr. OBERSTAR. Mr. Chairman, it say, Lake Superior and that is navi­ Mr. GOSS. I yield to the gentleman does not mean very much. gable. So where does one draw the line? from Michigan. Mr. TAUZIN. Mr. Chairman, if the How far does one go up the river, that Mr. DAVIS. Mr. Chairman, I thank gentleman would continue to yield, we river may lead into another small lake the gentleman for yielding to me, and have caused the Coast Guard horrible which is also navigable? I commend him for his amendment. I problems in trying to implement a ter­ So the gentleman is absolutely cor­ think it is an excellent amendment. It rible law. The best thing we can do is rect, it is extremely difficult. The will show and tell the public who are repeal it quickly. Coast Guard has not told the boating having to pay this unfair tax that they Mr. OBERSTAR. Mr. Chairman, re­ public exactly where they are going to are in fact going to get no benefit out claiming my time, I was planning to be required to have this sticker. I 18860 CONGRESSIONAL RECORD-HOUSE July 18, 1991 think the gentleman makes a very Guard services. But they rightfully are doing is allowing an additional 2 valid point. bristle at paying for Congress' lack of months to phase in the user fee-to It just points out another reason why will when it comes to reducing spend­ allow an adequate amount of time for we ought to repeal this thing. ing. boaters to comply with the law; albeit Mr. OBERSTAR. Mr. Chairman, re­ Mr. Chairman, we must balance the a bad law. claiming my time, to take it further, budget by fiscal discipline not by rais­ Furthermore, I am told that the in the 1899 law of the Corps of Engi­ ing the taxes on one small group and Coast Guard has stated that it will not neers that describes the navigable wa­ calling it a user fee. Support this be actively enforcing this law until Oc­ terways, there were a lot of problem amendment and help us on our way to tober 1. Thus, the effective difference areas. So I take the time, I compliment completely eliminating this unfair tax. between this amendment and the Coast the gentleman from Florida, the chair­ Guard action is minimal. But what man of the subcommittee, for the work 0 1400 kind of policy is a reliance on non­ he ha.S done with the Coast Guard and The CHAIRMAN. Is there any further enforcement? urge him to continue oversight and re­ discussion on the amendment? The Budget Committee's point of view of the issues and nudge them If not, the question is on the amend­ order is based upon a hypothetical pol­ along so that boaters in both of our ment offered by the gentleman from icy assumption. Whether or not this as­ States will not have that problem. Florida [Mr. Goss]. sumption is valid is not a procedural The CHAIRMAN. The time of the The amendment was agreed to. point, but a policy question. Hence, it gentleman from Minnesota has expired. AMENDMENT OFFERED BY MR. MCMILLEN OF should not be contested as a point of (On request of Mr. TAUZIN, and by MARYLAND order, but should be debated and voted unanimous consent, Mr. OBERSTAR was Mr. MCMILLEN of Maryland. Mr. upon by the House. allowed to proceed for 1 additional Chairman, I offer an amendment. I, too, am concerned with the fiscal minute.) The Clerk read as follows: restraints which bind this body. How­ Mr. TAUZIN. Mr. Chairman, will the Amendment offerred by Mr. MCMILLEN of ever, we cannot expect the American gentleman yield? Maryland: Add at the end of the bill the fol­ people to abide by unrealistic restric­ Mr. OBERSTAR. I yield to the gen­ lowing new section: tions as a result of the administra­ tleman from Louisiana. SEC•• DELAY OF PENALTIES FOR FAILURE TO tion's delay in implementing the user Mr. TAUZIN. Mr. Chairman, I would COMPLY WITH RECREATIONAL VE~ be more than happy if the gentleman SEL FEE REQUIREMENTS. fee. There are over 4 million boaters, would advise the committee and its Notwithstanding any other provision of and the current timeframe for imple­ staff of the particular problems he is law, a person shall not be subject to any pen­ mentation is wholly insufficient. As of experiencing with any lakes or streams alty under section 2110(b) of title 46, United yesterday, according to the U.S. Coast in his district or State. We will com­ States Code (relating to fees and charges for Guard, just over 32,000 boaters had re­ recreational vessels), for any failure to com­ ceived their decal, and only about municate those to the Coast Guard and ply with that section occurring before Octo­ see to it that at least in the edu­ twice that number had requested ber 31, 1991. forms. That leaves 98 percent of Ameri­ cational phase of implementation that POINT OF ORDER work is done to avoid the terrible situ­ ca's boater&--over 4 million of them­ Mr. GRADISON. I make a point of without the decal. ation the gentleman describes. order that the amendment violates sec­ Mr. OBERSTAR. Mr. Chairman, we Mr. Chairman, most boaters do not tion 302(f) of the Budget Act, because it even know about the new fee. It is my do not want to give the committee a would exceed the allocation of the list of 10,000 lakes, but we will come to understanding that the only public no­ the committee with some list. Committee on Merchant Marine and tice of its implementation has been a Mr. LEWIS of Florida. Mr. Chairman, Fisheries of new discretionary budget notice in the Federal Register and a I rise in strong support of the Goss authority. press release. Boaters deserve a chance amendment. This amendment delays penalties for to comply with the law, and this First, let me stress that this is not failure to comply with recreational ve­ amendment will give them that really a user fee. This money is not hicle fees requirements until October chance. going to the Coast Guard. In addition, 31, 1991. Mr. Chairman, this is a policy ques­ this money is not going for deficit re­ According to CBO, this amendment tion, and should be decided as such. duction as its proponents claim. would increase discretionary budget Mr. DA VIS. Mr. Chairman, I would Plain and simple, this money is being authority by $120 million in fiscal year like to be heard on the point of order. spent on more wasteful Federal pro­ 1991, and we have a letter from them to Mr. Chairman, you know, I can rec­ grams and boaters are being asked to that effect. ognize when the Committee on the pick up the tab. The amendment violates section Budget has a legitimate argument Last year, I opposed the budget sum­ 302(f) of the Budget Act because it against something that we might be mit agreement for many reasons, not would exceed the revised allocation of doing which is going to take away the least of which was this unfair tax. new discretionary budget authority in funds that we had planned on receiv­ At the time I believed this tax was fiscal year 1991 of the Committee on ing, but let me tell the Members that being used to mask the true Federal Merchant Marine and Fisheries. Ac­ when CBO estimated how much money budget deficit and its effects have cording to the most recent would be coming in from this tax, not reenforced this belief. scorekeeping report, the Committee on fee, in this next fiscal year, they do not Mr. Chairman, my congressional dis­ Merchant Marine and Fisheries has no calculate the fines. They calculate how trict includes well over 100 miles of new discretionary budget authority in many boats there are. They calculate coastline and is the only district in the fiscal year 1991. and they multiply that by how many continental United States with two The CHAIRMAN. Does the gentleman boats, how much they are going to pay, coasts. As such I am fortunate to rep­ from Maryland [Mr. MCMILLEN] desire and that is the way they calculate how resent thousands of recreational boat­ to be heard on the point of order? much money. ers. Mr. MCMILLEN of Maryland. Mr. In no way did CBO whatsoever cal­ In their correspondence, these boat­ Chairman, I take issue with this point culate how many fines were going to be ers echo one sentiment. That is the of order in that the budget statistics levied upon the people that did not ac­ outrage that they have been singled are based upon a subjective interpreta­ tually pay for their registration fee. So out for a tax increase in the guise of a tion of the effect of the amendment. it is totally unfair for the Committee user fee and they are receiving abso­ Let me point out that this amend­ on the Budget to come up here and say, lutely no benefit. ment in no way alters the fee structure well, this is not in concert with what These boaters, Mr. Chairman, are or obviates the obligation of the Amer­ we had agreed to as the Committee on willing to pay their fair share for Coast ican boater from paying the fee. All we the Budget. July 18, 1991 CONGRESSIONAL RECORD-HOUSE 18861 First of all, the Committee on the ity of the committee or upon the num­ ruling on estimates from the Commit­ Budget is going to find that they are bers of the Comrni ttee on the Budget. tee on the Budget. The Chair has exam­ going to be way off, but it is not fair to I would argue that the point of order ined an estimate from the CBO in this say that you challenge this on the is not in order and that it should be de­ regard, upon which it is asserted the point of order of something that no­ nied for that very reason. Budget Committee has relied. body had any idea, nor still does have Mr. MCMILLEN of Maryland. Mr. Accordingly, the Chair must rule any idea, on what the fines are going to Chairman, what we are talking about that the amendment would cause the be. is confusion and chaos to the boat own­ allocation under section 302(b) of dis­ I agree with the Committee on the ers of this country. They are getting cretionary new budget authority to the Budget when they have a legitimate ar­ this from the Coast Guard that says Committee on Merchant Marine and gument. This is not a legitimate point you have got a grace period to October Fisheries to be exceeded. Accordingly, of order, and I would recommend and 31, and here we are debating this on the then the point of order is sustained. hope that the Chair will rule against floor of the Congress, and we are say­ Mr. COUGHLIN. Mr. Chairman, I the point of order. ing that, no, a point of order, and that move to strike the requisite number of The CHAIRMAN. Does any Member this will cost the Government money. words. wish to be heard further on the point of The bottom line is, I think, our con­ I had hoped to offer two amendments order? stituents who are boat owners are con­ to improve the effectiveness of our Mr. GRADISON. Mr. Chairman, I fused enough by what occurred in the drug war air interdiction program. wish to be heard. budget agreement last year with regard However, the Rules Committee was un­ The issue here is not the amount of to boats to further compound that able to provide the necessary waivers penalties. It is the amount of the fees. today. to protect my amendment from a point Mr. Chairman, without a penalty, Mr. TAUZIN. Mr. Chairman, the of order based on germaneness. less fees will be collected, because it question is, if I can wrap it up, how can I also considered redrafting what is will be clear that if there is no penalty a point of order lie to an amendment known as the Coast Guard shootdown that the failure to purchase the decal that simply incorporates the very di­ amendment so that it would be ger­ will not carry with it a charge. rective of the Coast Guard that pen­ mane. However, my colleagues would I refer now to a letter to the chair­ not have had enough time to review man of the Committee on the Budget, alties will not be assessed until Octo­ ber 31? If that is the case, the Coast the new amendment. Nonetheless, I the gentleman from California [Mr. PA­ have not given up on my effort to fight NETTA], dated yesterday, written by the Guard so directed it, and the amend­ ment simply incorporates that same the drug war in a manner which makes Director of the Congressional Budget it possible to win it. When the right Office. This letter was prepared at the delay, and there can be no effect upon the budget, and I would urge that the legislative vehicle comes along, I'll be request of the Committee on the Budg­ back. et, and it says in part: point of order be denied. The CHAIRMAN. Is there further dis­ It is outrageous that our Nation is We believe that, if this amendment is en­ spending $2 billion a year on drug acted, the Coast Guard would not be able to cussion on the point of order? collect most of the recreational boat fees Mr. GRADISON. Mr. Chairman, on interdiction, and yet has not granted that are due under current law in fiscal year this point of order it is based on the our interdiction agencies the authority 1991. For scoring purposes, the baseline esti­ statute. A regulation, once issued, can they need to actually stop drug traf­ mate for this year's fee collections is S127 be changed and therefore, we have to, if fickers. million, classified as offsetting receipts. As­ we are going to be consistent with re­ My first amendment would have suming enactment around the beginning of gard to these budgetary issues, look to given the Coast Guard limited author­ September, we would expect this amendment the basic statute which is the basis on ity to use force against drug traffick­ to reduce these receipts, and thus increase ing planes. It is designed to combat a budget authority and outlays, by around $120 which I have raised the point of order. million in fiscal year 1991, under baseline as­ Frankly, this is not something I common means of trafficking whereby sumptions. made up or the Committee on the airborne drug traffickers fly to the The Chairman, it is on that basis Budget has made up. It is the rules of coast of the United States, or to a that I have raised the point of order. the House, and it is a letter written, nearby island, drop drugs to cohorts The CHAIRMAN. Before the Chair not by the Committee on the Budget, below, and then turn around and fly rules, does the gentleman from Louisi­ not by the gentleman from California away without ever stopping. Fre­ ana [Mr. TAUZIN] desire to be heard on [Mr. PANETTA] or the gentleman from quently, we capture the whole thing on the point of order? Ohio [Mr. GRADISON], but by the Con­ tape. Our interdiction agencies, with Mr. TAUZIN. Mr. Chairman, yes, I gressional Budget Office. their multimillion dollar assets and do. expertly trained personnel, do not have Mr. Chairman, if I may, I want to D 1410 the authority to do anything more. point out that the Coast Guard has al­ The CHAIRMAN (Mr. DARDEN). The My amendment contains 20 safety ready put out a directive indicating Chair is prepared to rule. features which en1>ure that only drug that boaters cited before October 1, Mr. MCMILLEN of Maryland. Mr. traffickers are targeted. The most im­ 1991, will be able to avoid payment of Chairman, one further thought. portant require that prior to the use of civil penalties by showing .evidence of Some uf the penal ties cam g_o a.s high force: First, U.S. authority rec@ver and fee payment to the district office with­ as $5,000. We have less than .2 percent of positively identify the package-dropped in 30 days of the citation. the boaters in this country who ,have from the plane•'s hold as ·illicit rnarcot­ That means you could be cited on Oc­ complied with this. The C.o.ast Guard ics; and second, repeated warnings, by tober 1, but you ·would not have to pay issued this as a regulation. various means, are ..communicated to a penalty until October 31. Anyway, Is there not a practical point to say the trafficking plane. The stan4a-rds that is the current directive of the we ought to be consistent with w:hat authorizing use of force ar.e so strict Ooast Guard, and if that is the current the Co.a.st Guard is issued with regard that mistakes will be virtually impos­ directive of the Coast Guard, the to their regulation? sible. In fact, if enacted, the .authority amendment offered by the gentleman The CHAIRMAN. The Chair is pre­ t'O use force under my propo;sa.l would only embodies that current darective pared to rule. rarely be used. Nonetheless. l believe into the authorization bill. The Chair ~ppreciates the very com­ strongly that this legisiation is nec­ The penalties would not be assessed petent, compelling, and creative argu­ essary if we hope to make any progress before the Coast Guard says that they ments of the g-entlemen from Mary­ in stopping cocaine traffie.king. will not assess penalties. land, Louisiana, and Michigan. This proposal was the ;Subject of an It seems to me that can have no fis­ However, under .section 302(g) of the extensive hearing by the Merchant Ma­ cal effect whatsoever upon the author- Budget Act, the Chair must base his rine and Fisheries Subcommittee on

49-059 0-95 Vol. 137 !Pt. 13) 30 18862 CONGRESSIONAL RECORD-HOUSE July 18, 1991 the Coast Guard and Navigation. In a dropped drugs. We have tested them On another matter, the Coast Guard statement submitted at this hearing, and know the airplane has committed a was very active and involved in Oper­ former commandant of the Coast violation of laws, and all we can do is ation Desert Storm/Desert Shield, but Guard, Adm. Paul Yost wrote that "the escort them back on the way to Colom­ perhaps has not received enough credit use of force against airborne drug traf­ bia. Something is wrong. for that. fickers, under certain conditions, is not The gentleman has been working The law provides, as I understand it, only justified but necessary given the hard to do something about it. While that in times of emergency, the Coast world we live in." It's time we gave the we might not be able to do it on this Guard is cut to the Department of the Coast Guard the authority it needs to bill, I commend the gentleman's work Navy. I was just wondering how, brief­ do the job we have assigned to it. and wish the gentleman Godspeed in ly, if the gentleman could tell mem­ The second amendment I hope to hopefully getting something accom­ bers, what happened during Desert offer would establish criminal pen­ plished before too long, and give the Storm, and if there are provisions in al ties for failure to land an aircraft Coast Guard a little more authority to this bill that treat that? upon the order of a Federal law en­ win this war instead of just to watch Mr. TAUZIN. If the gentleman will forcement officer. Under this legisla­ those who are fighting it escape into yield, I thank the gentleman for the in­ tion, if an order to land is not obeyed, some jurisdiction where we cannot quiry. the aircraft's registration is imme­ catch them. What occurred in Desert Storm is the diately and automatically revoked. Mr. COUGHLIN. Mr. Chairman, I ap­ Coast Guard remained an independent It also provides the Coast Guard with preciate the distinguished chairman's branch of the Armed Forces, but air interdiction law enforcement au­ cooperation and support. The gen­ worked under the operational com­ thority. In addition, it gives both the tleman has been a strong supporter. mand of the Navy. Coast Guard and the Customs Service I hope that this legislation will come Some people thought the Coast the authority to impose civil penalties before the Congress in the near future. Guard automatically transfers to the as sanctions against planes for failure Mr. HUTTO. Mr. Chairman, I move to Navy in time of war. But, as we have to obey an order to land, or against strike the last word in order to engage seen, the Coast Guard not only per­ vessels that fail to obey an order to in a colloquy with the distinguished forms as the gentleman knows, in a bring to. chairman of the Subcommittee on highly credible and important military This legislation was successfully at­ Coast Guard and Navigation on two or function, but also performs a great tached to the crime bill last year, and three items of interest. · many civilian functions as well. The passed the House by voice vote. It was Mr. Chairman, the gentleman will re­ question was which of the functions or subsequently removed in conference. call that about 2 or 3 years ago we missions are transferred under Navy. I know that I do not have to lecture passed a provision to require the Coast There was a lot of confusion. my colleagues on the impact that the Guard to go on a biennial budgeting as What this bill does is direct the De­ Nation's drug scourge has had on every the Defense Department is required to partment of Transportation and De­ single congressional district. It is simi­ do now. I think that all of Government partment of Defense study to deter­ larly true that I do not need to be told should be on a longer budget cycle. I mine how that should be implemented how important demand side programs think it would be in our best interests, in the future, so that only the military are to our overall war against drugs. it would give everyone better over­ missions, as are necessary, would be However, if we are going to continue to sight. I think, perhaps, it would save transferred under Navy, and the civil­ spend billions of dollars of taxpayer money. ian missions would remain, hopefully, money on efforts to stop drug traffick­ However, the Coast Guard, because it under Transportation. So while we can­ ers, we need to go about the effort with is in the Department of Transpor­ not say how it would come out, we greater seriousness. tation, and Transportation is not on a would get a good inquiry based upon Nations such as Colombia, Mexico, biennial budget, had requested relief the experience of the Persian Gulf war. the Dominican Republic, and even from that, that we repeal that. I Mr. HUTTO. Mr. Chairman, one final Peru, have demonstrated, by forcing or strongly oppose the repeal of it. How­ question. shooting down drug trafficking planes, ever, I think there was a compromise Finally, with the other body, finally that they believe drugs are a genuine provision, and I would hope that we acquiescing to the need for it, passed a threat to their national security. would move forward, toward getting a good oilspill piece of legislation. I We have declared narcotics a na­ longer budget cycle. know that we moved forward to imple­ tional security threat, but it seems to I would like for the gentleman to ment different parts of this. me that some of us do not really be­ clarify the position of the Coast Guard There are, I believe, some provisions lieve it. Perhaps we should take the $2 with regard to the biennial budget. in this bill; how are we moving on billion we spend on interdiction and Mr. TAUZIN. Will the gentleman that? spend it on drug treatment and edu­ yield? Mr. TAUZIN. If the gentleman will cation. Because right now, I do not be­ Mr. HUTTO. I yield to the gentleman continue to yield, the good news is that lieve we are getting our money's from Louisiana. the bill finally authorizes R&D money, worth. Mr. TAUZIN. I am happy to clarify which is critical for oilspill prevention. Mr. TAUZIN. Mr. Chairman, will the that for the gentleman from Florida. It authorizes $28 million for the Coast gentleman yield? What we agreed to, and what is incor­ Guard to spend, and the Committee on Mr. COUGHLIN. I yield to the gen­ porated in the act is a provision that Appropriations has, I understand, ex­ tleman from Louisiana. delays implementation of the biennial ceeded that request. Mr. TAUZIN. Mr. Chairman, let me budget requirement for the Coast first commend the gentleman for his Guard until the day at which the entire D 1420 work in this area. I make the point Transportation budget falls under a So that the Coast Guard can begin to that we declare a war against drugs similar requirement. That, of course, do the kind of R&D to find the tech­ and against druggies, and we do not avoids a problem of part of the Trans­ niques of stopping an oilspill from get­ give the authority to those who are in portation budget coming on an annual ting out of hand. the Coast Guard enforced with the obli­ basis while the Coast Guard part comes Second, the authorization in the bill gation of carrying out that war, or t~e under a biennial basis. It still retains continues what the Coast Guard is al­ ability to shoot down the enemy. Po­ the biennial requirement, and goes into ready implementing, and that is · the lice officers can stop a moving car that effect when the Transportation Depart­ implementation of the pre-positioned is violating the law, and if necessary, ment itself comes under this. strike teams. The Coast Guard has re­ do so with gunfire. However, we cannot Mr. HUTTO. I know we ought to cently announced a decision on the 19 do it when we have proof that druggies move toward biennial budgeting for all. sites around the country where those July 18, 1991 CONGRESSIONAL RECORD-HOUSE 18863 oilspill response equipment and person­ cost would be $15 million. That figures save money for the Treasury or not on nel will be located; so we are making I out of a cost-benefit ratio of only 10 this issue. The question is one of prior­ think great progress, although I, like percent, instead of the one to one ratio ities. It is one of whether or not in fact the gentleman from Florida, share a that the Coast Guard uses as a guide. the bridge called the Bordeaux Bridge belief that the Coast Guard is always The Coast Guard has rightfully con­ in the district of the gentleman from short of necessary funds to implement cluded that funding for this project Tennessee is in fact a hazard to naviga­ this critical part of the oilspill liabil­ would not be cost effective. Were it not tion. ity law. for this provision in the bill before us Let me assure this body that the Mr. HUTTO. Mr. Chairman, I thank today, the Coast Guard would not fund Coast Guard Committee did in fact the gentleman for his response and for this project at this time. look and examined carefully the com­ his good work on this matter. We talked to the Coast Guard. The plaint that this bridge was a hazard to AMENDMENT OFFERED BY MR. BURTON OF Coast Guard said that they did not navigation both at the subcommittee INDIANA think this was a worthwhile project at level and again at the full committee Mr. BURTON of Indiana. Mr. Chair­ this time. There are hundreds of level. In between the subcommittee man, I offer an amendment. bridges in this country that are worthy markup and the full committee mark­ The Clerk read as follows: of consideration. I presume this is one, up, the gentleman from Tennessee was Amendment offered by Mr. BURTON of Indi­ but it is not a priority item right now, required to submit additional data ana: Page 17, strike line 13 and all that fol­ and $15 million to save $115,000 is not a which the Coast Guard did not have lows through line 18, and redesignate the good cost-benefit ratio. available to it to make the determina­ subsequent sections of the bill accordingly. This provision, while not directly tion as to whether or not it should Mr. BURTON of Indiana. Mr. Chair­ committing any Federal tax dollars, qualify for Truman-Hobbs. Let me con­ man, for the past few months many of would require the Coast Guard to re­ cede that we have got a problem here. us in this body have been very con­ quest appropriations for the Bordeaux We have a Truman-Hobbs law that re­ cerned about the budget deficit. The River Bridge just as the Coast Guard quires bridges which may be hazards to projected budget deficit this year is requests funding to alter bridges that navigation to come under some sort of going to be between $350 and $400 bil­ it does deem to be obstructions to navi­ process of review and then a deter­ lion, the largest in U.S. history. As a gation. mination is made as to whether they result, a number of us have been very Under the Truman-Hobbs Act, the qualify for this matching assistance concerned about projects that we Federal Government has usually paid program which is budgeted for what­ thought might be considered by many most of the cost of modifying or replac­ ever bridges qualify. of us as pork barrel projects. ing bridges. The minimum cost for the The problem is the process of review Now, the amendment I am proposing Bordeaux Bridge project will be at is woefully inadequate. There are only today deals with a bridge over the ·least, as I said before, $15 million. The four Coast Guardsmen assigned at na­ Cumberland River in Tennessee. I American taxpayer will end up paying tional headquarters to do the entire re­ talked to the gentleman who is from the lion's share of this amount. view process for the country. I will give that district, the gentleman from Ten­ There were no hearings, including you an example of how inadequate it is nessee [Mr. CLEMENT]. He is a very nice the Coast Guard, on the Bordeaux with reference to this specific bridge. fellow and he has some good reasons Bridge project. Is this bridge a hazard to navigation for trying to get this new bridge built As I said before, there are hundreds is the question we ought to answer and the changes made down there; how­ of bridges across the Nation that ne.ed today, and is the process a good one is ever, the Coast Guard is very con­ to be altered in order to eliminate ma­ the question my committee has to an­ cerned about this. I would like to cite rine transportation hazards. Funding swer as we begin some hearings on that some reasons why I think that this is for this purpose is very limited. Con­ issue this summer. not a meritorious project at this time. gress should not authorize funding for On the first question, is this bridge a The provision in the bill designates projects which are not meritorious, hazard to navigation, the Subcommit­ the Bordeaux Railroad Bridge over the while legitimate needs go unmet. tee on Coast Guard and Navigation and Cumberland River in Tennessee as an The OMB has just announced, as I the full Merchant Marine and Fisheries "unreasonable obstruction to naviga­ said before, that the 1992 deficit is ex­ Committee agreed this is a hazard to tion." pected to go over $348 or $350 billion. navigation in which lives and property The Truman-Hobbs Act authorizes Many of us think it is going to be more are in jeopardy. Federal funding on a cost-share basis like $400 billion. If we are really serious Let me tell you why. In the last year to alter bridges which the Coast Guard about reducing the deficit, then we alone, there were four collisions with declares to be obstructions to marine should start here by approving my this bridge, four collisions with the navigation; however, this provision in amendment and striking this particu­ bridge, and the Coast Guard has only this bill bypasss the regular Coast lar item. found 170,000 some-odd dollars' worth of Guard process by determining. which I would just like to end up by saying, potential loss. Four collisions in a bridges are obstructions to navigation, Mr. Chairman, that the gentleman major waterway with the bridge. and thus deserving of Federal funds. from Tennessee is a good friend of mine The Coast Guard, coincidentally, in To qualify for alteration under the and a fine fellow, but I do believe tha·t its inadequate review did not have in Truman-Hobbs Act, the cost of bridge the $15 million we are talking about is it.s informational base there were near­ alteration must be least equal the ben­ really excessive. I consider it to be a ly 1,200 tows that went through that efits to navigation. There must be a pork barrel project and not worthy at bridge last year. They only counted one to one cost-benefit ration. Now, this time, and I hope my colleagues 400. this is very important. I think that in will see fit to support my amendment. The Coast Guard did not have in its a time of record deficits being $350 to Mr. TAUZIN. Mr. Chairman, I move review indications that a million tons $400 billion this year, we must apply to strike the last word. I rise in strong of shipping were not counted in that this standard very carefully to Federal opposition to the amendment. review. Because their shipping went spending. While I concede the gentleman from past the Port of Nashville, they only In February of this year, the Coast Tennessee is indeed a good friend of the counted shipping up to the Port of Guard issued a preliminary engineering gentleman from Indiana, let me point Nashville. report on the Bordeaux Bridge. The out that this is not about friendship There are many inadequacies in the preliminary engineering report found and this is not about the budget. review process. that the benefits from altering the Under the Truman-Hobbs Act, money I can only tell the gentleman from bridge would be approximately $115,000, will be spent on bridges. It is not a Indiana [Mr. BURTON] that I am satis­ that would be the benefit, while the question of whether you are going to fied we have a faulty review process. 18864 CONGRESSIONAL RECORD-HOUSE July 18, 1991 We are going after it. We are going to an emergency-qualifying nature. So we that traffic by 760,000 to 1 million tons-1987. try to see to it that all the bridges, did do a review. We were discriminat­ This is due to the fact that the Coast Guard there are 50 now under consideration, ing in our review. We did check with used a Corps of Engineer's report that count­ that all get a real and substantial re­ the Coast Guard. We examined other ed traffic that terminated at the port of Nash­ view and we find out the true cost ben­ information that the Coast Guard did ville. The Coast Guard did not count the vol­ efits, the phony ones that come out, not have. We only ask that you go ume of traffic which passed through and be­ and that we really deal with the haz­ along with this and we will get a better yond the Port of Nashville and, hence, under ards to navigation that exist in the wa­ process for you in the future. the Bordeaux Bridge. How many of the other terway. Mr. CLEMENT. Mr. Chairman, I would like 9 years are similarly underestimated and by Finally, let me say it again, we are to comment on one provision contained in the what percent? not talking about whether we are going bill. In addition, the data used by the Coast to save some money. We are talking Section 18 of the bill designates the Bor­ Guard to measure the number of commercial about whether or not this bridge really deaux railroad bridge on the Cumberland tows coming into the Port of Nashville are un­ is a hazard, a priority enough hazard River as an unreasonable obstruction to navi­ derestimated. The Coast Guard estimated that that it ought to go on the Truman­ gation, thus making the bridge eligible for Fed­ 406 tows came into the port in 1987. A Corps Hobbs list. eral cost sharing under the Truman-Hobbs of Engineers report indicates that 1, 148 tows It is my considered opinion, joined by Act. went through nearby Cheatam lock that same the full committee and subcommittee, The Coast Guard has examined the bridge year, assuming that 10 percent of those tows that this is a hazard to navigation. The and determined the cost of altering it to be ap­ tied up before passing under the Bordeaux Bordeaux Bridge ought to get fixed. If proximately $15 million. The horizontal open­ Bridge, the number of tows may still be under­ we can qualify for Truman-Hobbs, the ing below the bridge is only 128 feet, less than estimated by 180 percent. How many other sooner the better. half the channel width authorized and main­ years' worth of data are underestimated? Mr. Chairman, I would urge defeat of tained by the Corps of Engineers. Because of The Coast Guard also fails to take into ac­ this amendment for that very reason, I changes in the river from natural and human count the projected increase in tonnage on the say to the gentleman from Indiana [Mr. causes, the river can now accommodate Cumberland River, which the Tennessee De­ BURTON], and I hope the gentleman will barges that are larger, heavier, and capable of partment of Transportation estimates will in­ consider in fact withdrawing the carrying more cargo than the smaller wooden crease from 4.5 million tons in 1990 to 5.9 mil­ amendment. · barges in use when the bridge was con­ lion tons in 2000, and 6.8 million tons in 201 o. Mr. BURTON of Indiana. Mr. Chair­ structed in 1904. The value of removing some of the dangers man, will the gentleman yield? As a result, the bridge now hampers the posed by the hazardous cargo passing Mr. TAUZIN. I am happy to yield to free and easy passage of commerical vessels. through the narrow channel is not considered. the gentleman from Indiana. There is, for example, the possibility of an in­ In 1990, for example, 918,000 tons of petro­ Mr. BURTON of Indiana. Mr. Chair­ creasing number of collisions between vessels leum products and chemicals passed through man, may I ask, why were not there and the bridge. The committee found that Cheatam lock, most of it destined to or hearings involving the Coast Guard? If there were six reported vessel collisions with through the Port of Nashville. The Coast something of this import came before the bridge since 1983, four of which occurred Guard does not take into account any value in the committee, it seems to me that the last year, thus indicating that the bridge is a avoiding the collateral damage to adjacent Coast Guard would have been called in navigational obstruction. business and residential property should a to explain their opposition to it. I want to thank Chairman TAUZIN and rank­ hazardous materials barge strike the Bordeaux I and my staff contacted the Coast ing Republican JACK FIELDS and their staffs for Bridge and explode. Nor does the Coast Guard and they said that this was not their support of this provision. Their help will Guard consider the fact that the Exxon Co. one of their top priorities, it was not ensure the removal of an obstruction that has an oil terminal at the Bordeaux Bridge worthy of being added to this bill. It hampers the safe passage of commerical tows which could also explode. was going to cost $15 million. on the Cumberland River. It is not unprecedented to make legislative I would just like to know why they WHERE THE COAST GUARD STUDY IS DEFICIENT designations of bridges as "unreasonable ob­ were not brought in for consultation, Mr. Chairman, some who criticize this des­ structions to navigation." In fact, four of the six No. 1; and No. 2, the administration is ignation as an example of pork barrel spend­ Truman-Hobbs alterations currently underway opposing this. ing may not understand the facts that lead to or eligible for Federal cost sharing were so I would like to have the gentleman's the committee's decision. designated by legislation. comments about that as well, because Concerns about the navigational obstruc­ Let me remind Members that the designa­ we have the administration opposing it tions posed by the Bordeaux Bridge have tion is only an authorization. Its enactment will and the Coast Guard. been been expressed to the Coast Guard for not result in any Federal expenditure until several years. Yet until I and a commercial Congress appropriates funds for the project in 0 1430 barge owner made a formal request in June a future transportation appropriations bill. Mr. TAUZIN. First of all, the Coast 1989, the Coast Guard had not thoroughly in­ Lastly, Mr. Chairman, to the claim that this Guard was consulted. We did check vestigated these obstructions. But by the time is an example of pork, I can only say that one with the Coast Guard to find out if in the Coast Guard completed its investigation man's pork is another man's sustenance. This fact they had made a finding on the this past January, they too had concluded that provision overrules the Coast Guard's rec­ bridge and why. We discovered that the bridge is obstructive to navigation, though ommendation only because, as I have argued, they did not have all the facts. And by their calculations, not unreasonably ob­ that recommendation is based on faulty and that was the committee staff's inquiry structive. suspect data. as reported to the full committee. Thus the Coast Guard shares the same as­ I do not think it violates my oath of office to Second, I can only tell you the ad­ sessment about the nature of the bridge's ob­ make a case for designating the Bordeaux ministration tends to back up the find­ structions. The committee's difference with the Bridge an obstruction to navigation. Members ings of the Coast Guard on these deci­ Coast Guard is with regard to the benefits that are often called upon to substitute their judg­ sions. I can only reiterate the decision may be derived from having alterations made ment for that of the administration. Such is the is a bad one. The decision the commit­ with Federal assistance. In this regard, despite case here and I hope I have made a persua­ tee made, I believe, is a good one. The the best of intentions and hard work, the sive argument for doing so. Bordeaux Bridge ought to be repaired; Coast Guard study is suspect. In particular, Let me point out that the Bordeaux Bridge and it ought to be Truman-Hobbs the data used by the Coast Guard to arrive at is owned by a public entity, and not a private qualified, and we have done so. its conclusion are incorrect or, at best, sus­ railroad or other corporation. Therefore, I be­ Finally, there are other Members pect. lieve the beneficiaries to be the public at large, who had requested their bridges be con­ For example, the data used by the Coast if not the citizens of middle Tennessee. For sidered. They are not in the bill be­ Guard to measure the amount of river borne my fellow citizens to seek the assistance of cause we did not consider them to be of commerce for at least 1 year underestimates their Government is nothing to be embar- July 18, 1991 CONGRESSIONAL RECORD-HOUSE 18865 rassed about or ashamed of. It is, in fact, the tial support including both port security and and immediately went to work, facili­ very right of each citizen to look to the Federal law enforcement. tating the smooth handling of Oper­ Government for assistance. Let us not forget (b) COMMENDATION.-The Congress com­ mends the Coast Guard for the important ation Desert Storm and Desert Shield. that the existence of this very government is role it played in the Persian Gulf Conflict Mr. Chairman, though many may not dependent on the consent of the governed. and urges the people of the United States to realize it, more than 950 Coast Guard We give millions of dollars to projects over­ recognize such role. reservists were called up to participate seas and, to paraphrase our colleague, the Mr. GEJDENSON (during the read­ in Operation Desert Shield and Desert distinguished chairman of the Appropriations ing). Mr. Chairman, I ask unanimous Storm, serving in vessel inspection Committee, let us hope that one day soon our consent that the amendment be consid­ uni ts, port security uni ts in the gulf, citizens will not have to have a foreign postal ered as read and printed in the RECORD. and in supervising the loading of muni­ address to receive benefits from their govern­ The CHAIRMAN. Is there objection tions and hazardous military cargoes. ment. to the request of the gentleman from It is important to recognize that the Mr. Chairman, some people peer down the Connecticut? Coast Guard monitored the offloading green fairways of indifference. They can tell There was no objection. and shipment of more than 4 million you that cost of anything, but the value of Mr. GEJDENSON. Mr. Chairman, I tons of cargo bound for the troops in nothing. I trust that the Bordeaux Bridge des­ rise today in support of H.R. 1776, legis­ the gulf, with no significant accidents. ignation is a case where the value of the un­ lation to authorize the U.S. Coast The unique expertise of the U.S. dertaking will demonstrate the cost to be a Guard for fiscal year 1992. I also rise to Coast Guard law enforcement detach­ modest investment in a region's future growth. offer an amendment to this bill. ments, with their expertise in mari­ The CHAIRMAN. The question is on First, Mr. Chairman, I want to take time sanctions enforcement, vessel the amendment offered by the gen­ this opportunity to commend the boardings, and vessel inspection, led tleman from Indiana [Mr. BUR'l'ON]. chairman of the committee, Mr. JONES; the U .N. sanctions enforcement forces The amendment was rejected. the ranking member, Mr. DAvrs; the in more than 60 percent of the nearly AMENDMENT OFFERED BY MR. GEJDENSON chairman of the subcommittee, Mr. 600 boardings in support of the inter­ Mr. GEJDENSON. Mr. Chairman, I TAUZIN; and the ranking member of the national maritime interception oper­ offer an amendment. subcommittee, Mr. FIELDS, for bringing ations in the Middle East. In addition, The Clerk read as follows: this bill to the floor and, more impor­ the U.S. Coast Guard also provided Amendment offered by Mr. GEJDENSON: tantly, for their longstanding commit­ training to others to enable the mari­ Page 26, after line 5, add at the end of the ment and dedication to ensuring that time interdiction forces to be able to bill the following new section: effectively and safely enforce the U.N. SEC. 27. SENSE OF THE CONGRESS RELATING TO the Coast Guard is able to carry out its THE ROLE OF THE COAST GUARD IN ever-increasing mission. sanctions. THE PERSIAN GULF CONFLICT. As we consider this important legis­ More than 550 Coast Guard reservists (a) FINDINGS.-The Congress finds that-- lation, what we must remember about served in port security units deployed (1) members of the Coast Guard played an the Coast Guard is that in addition to in the gulf to provide port security and important role in the Persian Gulf Conflict; waterside protection of ships offloading (2) 950 members of the Coast Guard Reserve their domestic responsibilities of pro­ were called to active duty during the Persian tecting the heal th and safety of the essential military cargo in the gulf. Gulf Conflict and participated in various ac­ American people, enforcing environ­ This enabled crucial military and other tivities, including vessel inspection, port mental regulations, and fighting the support cargo to safely be brought into safety and security, and supervision of load­ war on drugs, the Coast Guard played the theater of operations, be safely ing and unloading hazardous military cargo; an important, but mostly unrecognized offloaded, and put into operations. (3) members of Coast Guard Law Enforce­ role in the Persian Gulf war. My After Saddam Hussein created the ment Detachments led or directly partici­ massive oilspill in the Persian Gulf, pated in approximately 60 percent of the 600 amendment will bring attention to vessel boardings in support of maritime this. the U.S. Coast Guard, through its envi­ interception operations in the Middle East; The American people have honored ronmental response program, headed (4) 10 Coast Guard Law Enforcement Teams the American troops who served in the the international interagency oil pollu­ were deployed for enforcement of United Na­ Persian Gulf with parades and other tion response team at the request of tions sanctions during the Persian Gulf Con­ celebrations. We have praised the Air the Saudi Government. Coast Guard flict; Force for the unrelenting air cam­ Falcon aircraft with oilspill aerial sur­ (5) over 300 men and women in the Coast veillance and mapping capabilities Guard Vessel Inspection Program partici­ paign, which crippled Saddam Hus­ pated in the inspection of military sealift sein's forces. We have praised the Navy were deployed in the area and quickly vessels and facilitated the efficient transpor­ for their role in the air campaign and assessed the size and depth of the prob­ tation of hazardous materials, munitions, for subduing the Iraqi Navy, making lem. and other supplies to the combat zone; them an insignificant force and allow­ The Coast Guard Research and Devel-· (6) members of the Coast Guard served in ing the allies to focus troops and sup­ opment Center located in Groton, CT, the Joint Information Bureau Combat Cam­ plies on other areas, and we have developed a deployable differential era and Public Affairs staffs; global positioning system capability (7) approximately 550 members of the Coast praised the Army for their success in Guard served in port security units in the the ground campaign. for use with the explosive ordnance dis­ Persian Gulf area, providing port security Unfortunately, one branch of the posal search detachment. Their suc­ and waterside protection for ships unloading service, the U.S. Coast Guard, has cessful development of this equipment essential military cargo; mostly gone unrecognized for its con­ improved the efficiency and effective­ (8) the Coast Guard Environmental Re­ tribution. That is why I am offering ness of the minesweeping and ordnance sponse Program headed the international this amendment, which is identical to countermeasures operations in the Interagency Oil Pollution Response Advisory House Concurrent Resolution 163, a gulf, saving thousands of dollars in di­ Team for cleanup efforts relating to the mas­ sive oil spill off the coasts of Kuwait and sense of the Congress commending the rect operations costs and the inestima­ Saudi Arabia; Coast Guard for its important role in ble savings in lives and equipment that (9) the Coast Guard Research and Develop­ Operation Desert Storm and Operation could have been lost had this Coast ment Center developed a deployable posi­ Desert Shield. Guard system not been developed. tioning system for the Explosive Ordinance Without the Coast Guard, the oper­ Mr. Chairman, in addition to their di­ Disposal Area Search Detachment, saving ations of the U.S. military may not rect gulf activities, Coast Guard per­ the detachment time and thousands of dol­ have been so smooth, efficient, or deci­ sonnel also played a critical role in the lars, while also increasing the effectiveness sive. Adoption of this amendment will and efficiency of the minesweeping and ordi­ successful outcome of Operation Desert nance disposal operations in the Persian Gulf bring attention to the Coast Guard's Storm and Operation Desert Shield by area; and contribution and will honor the brave facilitating the safe transport of cargo (10) Coast Guard units remain in the Per­ men and women, the active personnel, and facilitating the approval of Ready sian Gulf area and continue to provide essen- and the reservists who were called up Reserve vessels to be able to carry im- 18866 CONGRESSIONAL RECORD-HOUSE July 18, 1991 portant cargo to the gulf. The Coast fully supports your effort to recognize the Finally, I would like to also com­ Guard Vessel Inspection Program con­ servicemen and women of the U.S. Coast mend the Commandant of the U.S. ducted the required inspections of 73 Guard for their significant contributions to the war effort in the Persian Gulf. Coast Guard, Adm. J. William Kime, sealift vessels, primarily activated NCOA eagerly awaits favorable action as­ for his superb leadership throughout Ready Reserve Force vessels brought sociated with your amendment. the war. Admiral Kime was in the Mid­ into service because of this operation. Respectfully, dle East on several occasions during Additionally the activation of a large MICHAEL F. OUELLETTE, the conflict and our Nation was indeed number of Reserve vessels, as well as Deputy Director of fortunate to have him as Commandant the significant increase in military Legislation Affairs. during this critical moment in our his­ vessel traffic, resulted in a vast in­ Mr. TAUZIN. Mr. Chairman, will the tory. crease in marine casualties requiring gentleman yield? Again, I am pleased to support this Coast Guard personnel actions and in­ Mr. GEJDENSON. I yield to the amendment, and I thank the author, vestigations. As a result, some field chairman of the subcommittee, the Mr. GEJDENSON, for bringing it to our units have seen more than a 300-per­ gentleman from Louisiana. attention. cent increase in their investigative Mr. TAUZIN. I thank the gentleman Mr. GEJDENSON. I thank the gen­ workload. Many of these investigations for yielding. tleman for his comments. Mr. Chairman, I commend the gen­ will continue for months. Mr. Chairman, I close by saying that The increased marine traffic and the tleman for this amendment. Mr. Chairman, as we pointed out ear­ without the Coast Guard, this country necessity to move huge amounts of could not go to war; we could not get equipment and supplies also required lier, too often the role of the Coast Guard as a military branch of the Gov­ our ships out of the ports; we could not the Coast Guard to develop a flexible get the cargo where we needed it. It is merchant marine manning and licens­ ernment is overlooked. The Coast Guard has been in every military en­ important that we take one moment to ing program to facilitate bringing Re­ recognize that. serve vessels into action and to ensure gagement in which this country has en­ gaged since its inception as an agency I thank the committee for their sup­ that ship crews were adequately port, and I move the amendment. trained to secure maximum safety. of our Government and has performed brilliantly. The CHAIRMAN. The question is on U.S. Coast Guard personnel served in the amendment offered by the gen­ the Joint Information Bureau combat This exercise in Desert Storm was no exception. tleman from Connecticut [Mr. GEJDEN­ camera and public affairs staff. SON]. Coast Guard personnel served in var­ The Coast Guard men and women who attended to the task of helping The amendment was agreed to. ious joint command and control staffs AMENDMENT OFFERED BY MR. DE FAZIO in the gulf theater of operations. this incredible deployment, assisting in The U.S. Coast Guard Intelligence the oilspill in the gulf, assisting in the Mr. DEFAZIO. Mr. Chairman, I offer Coordination Center provided support, stopping and interdiction of traffic an amendment. monitoring, review, and evaluation of that was in fact embargoed under the The clerk read as follows: political, terrorist, military, and intel­ United Nations embargo, and all the Amendment offered by Mr. DEFAZIO: ligence activities related to Desert work they did in assisting the military At the end of the bill add the following new Shield/Storm. Specifically, Coast action that was so successfully carried section: out, this House, this Congress is cer­ SEC. • TRANSFER OF HECETA HEAD AND CAPE Guard intelligence forces were de­ BLANCO LIGHTHOUSES. ployed to determine threats to Coast tainly grateful. The gentleman's amendment certainly expresses that (a) CONVEYANCE OF LIGHTHOUSES.- Guard Forces, overseas and port secu­ (1) AUTHORIZATION.-The Secretary may rity uni ts. This was also expanded to gratitude and appreciation, and I com­ convey by any appropriate means to the provide intelligence support to the Na­ mend him for it. State of Oregon all right, title, and interest tional Oceanic and Atmopsheric Ad­ Mr. FIELDS. Mr. Chairman, will the of the United States in and to property com­ ministration oilspill team which was gentleman yield? prising one or both of the Heceta Head deployed at Coast Guard headquarters. Mr. GEJDENSON. I yield to the gen­ Lighthouse and the Cape Blanco Lighthouse. Mr. Chairman, I believe that we must tleman from Texas [Mr. FIELDS]. (2) DESCRIPTION OF PROPERTY.-The Sec­ recognize all of our Armed Forces in Mr. FIELDS. I thank the gentleman retary may identify, describe, and determine for yielding. property conveyed pursuant to this section. the Persian Gulf. As the summer pro­ Mr. Chairman, I am pleased to sup­ (b) TERMS AND CONDITIONS.- ceeds and we honor our troops in ,pa­ port this amendment, which is iden­ (1) IN GENERAL.-The conveyance of prop­ rades and celebrations throughout the tical to House Concurrent Resolution erty pursuant to subsection (a) shall be country. it is my hope in offering this 163, which I have cosponsored, to com­ made- amendment that all Americans wi'll un­ mend the U.S. Coast Guard for its vital (A) without the payment of consideration; derstand and appreciate the important and role in the Persian Gulf War. (B) subject to such terms and conditions as role of the U.S. Coast Guard in the Per­ While the Coast Guard has not re­ sian Gulf war. I urge my colleagues to the Secretary may consider appropriate. ceived a great deal of attention f-or the (2) REVERSIONARY INTEREST.-ln addition to join me in supporting this amendment, contributions they made to the success any term or condition established pursuant and I urge the American people to rec­ of Operation Desert Shield/Desert to paragraph (1), any conveyance of property ognize the valuable contribution made Storm, this amendment recognizes comprising Heceta Head Lighthouse or Cape by the U.S. Coast Guard. their remarkable achievements. Blanco Lighthouse pursuant to this section NON COMMISSIONED OFFICERS ASSO­ For instance, it is not widely known shall be subject to the condition that all CIATION OF THE UNrrED STATES OF right. title, and interest in and to the prop­ that the Coast Guard participated in erty :so conveyed shall immediately revert to AMERICA, some 350 vessel boardings in the Middle Alexandria, VA, July 17, 1991. the Uni"ted States if the property, or any Hon. SAM GEJDENSON, East, that it provided port security for part thereof, ceases to be used as a nonprofit Rayburn House Office Building, the unloading of essential military center for public benefit for the interpreta­ Washington, DC. cargo, that 10 Coast Guard law enforce­ tion and preservation of the maritime his­ DEAR MR. GEJDENSON: The Non Commis­ ment teams assisted in the enforce­ tory of Heceta Head or Cape Blanco, as appli­ sioned Officers Association of the USA ment of the U.N. sanctions, and that it cable. (NCOA) advocates your introduction of H. coordinated the cleanup of the massive (3) AIDS TO NA VIGATION.-Any conveyance Con. Res. 163 intended to recognize the Unit­ oilspill off the coasts of Kuwait and of property pursuant to this section shall be ed States Coast Guard's role in the Persian made subject to such conditions as the Sec­ Gulf conflict. Saudi Arabia. retary considers to be necessary to assure NCOA understands that your resolution Mr. Chairman, while these activities that- has been reworked as an amendment to H.R. may not have been glamorous, they (A) the light, antennas, and associated 1776 and will be acted on that form on July were, nevertheless, indispensable to equipment located on the property conveyed, 18, 1991. This Association appreciates and our overall success in the Middle East. which are active aids to navigation, shall July 18, 1991 CONGRESSIONAL RECORD-HOUSE 18867 continue to be operated and maintained by A 6-mile drive from Highway 101 to If not, the question is on the commit­ the United States; the westernmost headland on the Pa­ tee amendment in the nature of a sub­ (B) the State of Oregon may not interfere cific coast leads to the Cape Blanco stitute, as modified, as amended. or allow interference in any manner with such aids to navigation without express writ­ Lighthouse. The historic Hughes House The committee amendment in the ten permission from the United States; is the gateway to this magnificent nature of a substitute, as modified, as (C) there is reserved to the United States tower that has guided fisherman amended, was agreed to. the right to relocate, replace, or add any aids around the head since 1870. The CHAffiMAN. Under the rule, the to navigation or make any changes on any It is Coast Guard general policy not Committee rises. portion of such property as may be necessary to allow civilians into the lighthouses. Accordingly, the Committee rose; for navigation purposes; Transfer of these lights to the State of and the Speaker pro tempore [Mr. GoN­ (D) the United States shall have the right, Oregon will allow the public to enter ZALEZ] having assumed the chair, Mr. at any time, to enter such property without DARDEN, chairman of the Committee of notice for the purpose of maintaining aids to these historic landmarks for the first navigation; and time, will permit the construction of a the Whole House on the State of the (E) the United States shall have an ease­ museum and educational exhibits, and Union, reported that the Committee, ment of access to such property for the pur­ will provide needed tourism dollars to having had under consideration the bill pose of maintaining the aids to navigation in local communities. Lighthouse enthu­ (H.R. 1776) to authorize for fiscal year use on the property. siasts from around the world will now 1992 the U.S. Coast Guard budget, pur­ (4) LIMITATION ON OBLIGATION OF STATE.­ be able to enjoy these sentinels of the suant to House Resolution 196, he re­ The State of Oregon shall not have any obli­ ported the bill back to the House with gation to maintain any active aid to naviga­ Oregon coast. tion equipment on property conveyed pursu­ The important navigation functions an amendment adopted by the Commit­ ant to this section. of these lighthouses will not be sac­ tee of the Whole. (c) DEFINITIONS.-For purposes of this sec­ rificed. My amendment provides for the The SPEAKER pro tempore. Under tion- continued operation of navigation the rule, the previous question is or­ (1) the term "Heceta Head Lighthouse" equipment by the Coast Guard. The dered. means the Coast Guard lighthouse located at classical fresnel lenses on the beacons Is a separate vote demanded on any Heceta Head, Oregon, including- amendment to the committee amend­ (A) the classical fresnel lens, will no longer operate, so the public (B) the keeper's dwelling, can examine the mechanics of the bea­ ment in the nature of a substitute (C) several ancillary buildings, and con. Alternate beacons will be placed adopted by the Committee of the (D) such land as may be necessary to en­ on the towers. Whole? If not, the question is on the able the State of Oregon to operate at the My amendment is supported by the amendment. lighthouse a nonprofit center for public ben­ The amendment was a.greed to. efit for the interpretation and preservation U.S. Coast Guard, the Oregon State The bill was ordered to be engrossed of the maritime history of Heceta Head, Or­ Parks and Recreation Department, and and read a third time, was read the egon; the entire Oregon House delegation. I third time, and passed, and a motion to (2) the term "Cape Blanco Lighthouse" urge my colleagues to support the reconsider was laid on the table. means the Coast Guard lighthouse located at DeFazio amendment to H.R. 1776. Cape Blanco, Oregon, including- Mr. TAUZIN. Mr. Chairman, will the (A) the classical fresnel lens, gentleman yield to me? (B) several ancillary buildings, and GENERAL LEAVE (C) such land as may be necessary to en­ Mr. DEFAZIO. I yield to the gen­ Mr. TAUZIN. Mr. Speaker, I ask able the State of Oregon to operate at that tleman from Louisiana. unanimous consent that all Members lighthouse a nonprofit center for public ben­ Mr. TAUZIN. I thank the gentleman may have 5 legislative days in which to efit for the interpretation and preservation for yielding. revise and extend their remarks on of the maritime history of Cape Blanco, Or­ Mr. Chairman, I requested this only H.R. 1776, the bill just passed. egon; and to qualify that the amendment as now (3) the term "Secretary" means the Sec­ The SPEAKER pro tempore. Is there retary of the department in which the Coast drafted provides for the transfer, with­ objection to the request of the gen­ Guard is operating. out the necessity of Federal assistance, tleman from Louisiana? in the maintenance of the lighthouse. Mr. DEFAZIO (during the reading). There was no objection. Mr. Chairman, I ask unanimous con­ Is that correct? sent the amendment be considered as Mr. DEFAZIO. The gentleman is cor­ read and printed in the RECORD. rect. This will save the Federal Gov­ PERSONAL EXPLANATION The CHAIRMAN. Is there objection ernment money in terms of the mainte­ Mr. KLECZKA. Mr. Speaker, due to a recent to the request of the gentleman from nance of the physical structure. Only 4-day hospitalization, I was unavoidably atr Oregon? the navigation aides would remain as sent from rollcall votes 214 to 216. Had I been There was no objection. an obligation of the Federal Govern­ present, I would have voted in the following Mr. DEFAZIO. Mr. Chairman, my ment. manner: amendment would transfer two light­ Mr. TAUZIN. Mr. Chairman, I urge On the Davis amendment to H.R. 1n6, as houses from the U.S. Coast Guard to the House to accept the amendment amended, I would have voted "aye"; rollcall the Oregon State Parks and Recreation and urge its support. No. 214. Department. The Coast Guard is relin­ Mr. FIELDS. Mr. Chairman, will the On the Solomon amendments to H.R. 1776, quishing interest in all of its light­ gentleman yield? I would have voted "no"; rollcall No. 215 and houses in Oregon, turning them over to Mr. DEFAZIO. I yield to the gen­ 216. the State, ·counties, and cities. The Or­ tleman from Texas. egon State Parks and Recreation De­ Mr. FIELDS. I thank the gentleman partment is excited about assuming for yielding to me. AUTHORIZING THE CLERK TO ownership of the lighthouses and open­ Mr. Chairman, we have examined the MAKE CORRECTIONS IN EN­ ing them up to the public. amendment of the gentleman from Or­ GROSSMENT OF H.R. 1776, COAST Heceta Head is just north of the fa­ egon, and we find no objection. GUARD AUTHORIZATION ACT OF mous Sea Lion Caves, where it looms Mr. DEFAZIO. I thank the gentleman 1991 majestically as perhaps one of the from Texas for his comments. Mr. TAUZIN. Mr. Speaker, I ask world's most photographed light­ Mr. DARDEN. The question is on the unanimous consent that the Clerk be houses. The dark green forest and amendment offered by the gentleman authorized to make technical correc­ rocky headland background stands in from Oregon [Mr. DEFAZIO]. tions in the engrossment of the bill, sharp contrast to the stark white exte­ The amendment was agreed to. H.R. 1776, including corrections in rior of the lighthouse and caretaker's The CHAIRMAN. Are there further spelling, punctuation, section number­ home. amendments to the bill? ing, and cross-referencing. 18868 CONGRESSIONAL RECORD-HOUSE July 18, 1991 The SPEAKER pro tempore. Is there THE DANGERS OF FEES FOR To illustrate the dangers of this ap­ objection to the request of the gen­ GOVERNMENT INFORMATION proach, suppose that we apply this pro­ tleman from Louisiana? The SPEAKER pro tempore. Under a vision to the availability of Federal There was no objection. previous order of the House, the gen­ budget information. Imagine that OMB tleman from West Virgina [Mr. WISE] is could issue rules requiring people using recognized for 5 minutes. budget information to pay a royalty to REMOVAL OF NAME OF MEMBER Mr. WISE. Mr. Speaker, a few weeks the Government. Every year when the AS COSPONSOR OF H.R. 997 ago, the Committee on Merchant Ma­ budget is released, States, newspapers, Mr. DYMALLY. Mr. Speaker, I ask rine and Fisheries ordered reported and public interest groups would have unanimous consent to have my name H.R. 534, a bill to amend title 46, Unit­ to pay for the privilege of acquiring removed from cosponsorship of H.R. ed States Code, to repeal the require­ and reprinting budget figures. 997. ment that the Secretary of Transpor-· If a budget were particularly unpopu­ The SPEAKER pro tempore (Mr. tati on collect a fee or charge for rec­ lar, an administration might set a very CLEMENT). Is there objection to the re­ reational vessels. The purpose of the high price for access and reproduction quest of the gentleman from Califor­ bill is to repeal the user fee on rec­ in an attempt to keep the information nia? reational boats and to finance it with a from reaching the voters. Information There was no objection. user fee on information. that made the President look good I would like to take a few minutes to might be free; less favorable informa­ discuss some significant· problems pre­ tion might be expensive. As an alter­ VACATION OF 60-MINUTE SPECIAL sented by this legislation. At the out­ native, the information might be re­ ORDER AND SUBSTITUTION OF 5- set, let me emphasize that I have no leased but only on condition that it be MINUTE SPECIAL ORDER objection to the repeal of the user fee reported favorably or along with the on boats. I have serious concerns, how­ President's explanation. Would anyone Mr. STEARNS. Mr. Speaker, I ask feel comfortable if OMB could use unanimous consent that the 60-minute ever, about the method selected to fi­ nance the repeal. A committee amend­ criminal penalties to make sure that special order granted for today to Mr. budget information were used in ac­ EMERSON of Missouri be vacated, and ment proposes to impose a user fee for use of the automated tariff filing and cordance with its wishes? that he be granted a 5-minute special The point is that Government infor­ order today instead. information system [ATFIJ operated by the Federal Maritime Commission. mation must remain in the public do­ The SPEAKER pro tempore. Is there main, without restrictions on reuse objection to the request of the gen­ ATFI contains ocean maritime tariffs filed and made public pursuant to law. and without any requirement for the tleman from Florida? payment of royalties. The power to re­ There was no objection. The information in the tariffs is not proprietary or sensitive in any way. strict the use of information or the The tariffs are filed for the purpose of power to set a price for its use is the equivalent of political control. This is 0 1440 making them public. Tariff filing is a basic element of the regulation of the the type of Government activity that ADJOURNMENT TO MONDAY, JULY maritime industry. the first amendment was intended to 22, 1991 The idea that the Federal Govern­ prohibit. Mr. DARDEN. Mr. Speaker, I ask ment would require the public filing of A bureaucracy tends to use informa­ unanimous consent that when the tariff information and then impose a tion to make itself look good. A recent House adjourns today, it adjourn to high fee on those who use that infor­ Supreme Court case affirmed the abil­ meet at noon on Monday next. mation,is very troubling. Although the ity of Government to regulate the The SPEAKER pro tempore (Mr. ATFI system will contain information speech of those receiving Federal GoNZALEZ). Is there objection to the re­ of little general interest, the proposed funds. How will agencies exercise this quest of the gentleman from Georgia? sale of information by the Government power? While the political content of tariff filings may be minimal, the prin­ There was no objection. conflicts with basic policy principles. I would like to explain my concerns in ciples are the same. We cannot and more detail. should not give Government bureauc­ DISPENSING WITH CALENDAR Under American constitutional and racies dominion over public informa­ WEDNESDAY BUSINESS ON legal traditions, the ability of the Fed­ tion. WEDNESDAY NEXT eral Government to exercise control The importance of this policy is un­ over public information is severely re­ derscored by the Copyright Act. That Mr. DARDEN. Mr. Speaker, I ask stricted. For example, the first amend­ act permits any person who publishes a unanimous consent that the business ment to the Constitution prohibits book to set both its price and the in order under the Calendar Wednesday laws abridging the freedom of speech. terms under which the book may be rule be dispensed with on Wednesday This pre.vents the Federal Government read and used. But the law expressly next. from exercising political control of in­ provides that copyright protection is The SPEAKER pro tempore. Is there formation in the public domain. Of not available for any work of the U.S. objection to the request of the gen­ course, the Government has the right Government. Why is the Federal Gov­ tleman from Georgia? to protect classified or private infor­ ernment denied the authority granted There was no objection. mation, but that is not what is at issue to every :author? It is because Congress here. has recognized that the public interest H.R. 534 .establishes a fee structure of is best served by keeping works created HOUR OF MEETING ON $21 per hour for online use of the A TFI by the Government as free as possible WEDNESDAY, JULY 24, 1991 data base, whether access is provided of potential restrictions on dissemina­ Mr. DARDEN. Mr. Speaker, I ask directly by the FMC or by any other tion. unanimous consent that when the person. The FMC is authorized to es­ H.R. 534 is inconsistent with the pol­ House adjourns on Tuesday, July 23, tablish alternative fee schedules that icy of the Copyright Act. The bill 1991, it adjourn to meet at noon on will result in tae collection of equiva­ would authorize the FMC to set a price Wednesday, July 24. lent total annual receipts. The bill au­ at any level necessary to generate the Th.a SPEAKER pro tempore. Is there thorizes appropriate enforcement, in­ required revenue and to establish con­ objection to the request of the gen­ cluding criminal penalties. In effect, trols necessary to protect the informa­ tleman.from Georgia? the FMC will collect a royalty of 35 tion from unauthorized use. While this There was no objection. cents a minute for use of the data base. is not an explicit copyright, the essen- July 18, 1991 CONGRESSIONAL RECORD-HOUSE 18869 tial elements-and dangers-of copy­ million dollars a year. The company every time Soviet troops move to seize Lithua­ right by Government are present. tells me that if it had to pay royalties nian Government facilities; tens of thousands H.R. 534 is also inconsistent with an­ of $21 per hour to the Government, the of Muscovites taking to the streets despite other well-established Federal informa­ increased price would drive away a sig­ Kremlin orders to protest Communist rule and tion law. The Freedom of Information nificant portion of its business. being kept back from Red Square only by the Act provides a mechanism that allows Another reason for not accepting the deployment of hundreds of troops; and so on any person to request information from CBO estimate is the possibility that and so on. a Federal agency. Information made the ATFI royalty fees could be avoided Next, let's listen to the facts: 6 of the 15 So­ available under the FOIA is in the pub­ altogether. Since the ATFI data base is viet Republics have declared themselves inde­ lic domain and may be used without re­ created from tariffs filed electroni­ pendent; another UkrainEr-the size of France striction. But ATFI information may cally, an enterprising company might and with 55 million residents-is delaying its not be available at all under the FOIA obtain those same tariffs directly from debate on whether it will remain in a Soviet because of the need to protect Federal the filers. The resulting privately cre­ federation until it has written its own constitu­ revenues. Only those who can afford to ated data base would produce no reve­ tion and elected its own President; and the re­ pay will be able to use the automated nue for the Government. Certainly the maining eight Republics, including Russia, data base. maritime industry and all potential have insisted that they-not the central Soviet Reliance on information revenues has users of ATFI would find it in their in­ Government-will levy taxes in future and ap­ other consequences as well. Suppose terest to cooperate in order to avoid portion them to Moscow as they may see fit, that in a few years, Congress decides paying unnecessary fees to the Govern­ not the other way around. We have seen the that continued financial regulation of ment. If CBO's estimate is correct, the majority of residents of Leningrad vote to re­ the maritime industry is unnecessary transfer of $400 million a year to the move Lenin from their city's name and rein­ and proposes to repeal the tariff filing Federal Government would create a state the name "St. Petersburg." We have requirement. Under current budget powerful incentive for creativity. read of the astonishment among Soviet gen­ rules, it would be necessary to replace In conclusion, I want to emphasize erals when they heard the author of their new, the revenues derived from sale of ATFI that I am not opposed to the repeal of official military of World War II describe the information. If we could not find a way the user fees on recreational boats. My Soviet people indeed as heroes in the fight to raise those revenues, we might be objection is limited to the use of infor­ against Fascism, but also as martyrs to their obliged to continue unnecessary regu­ mation royalties to offset the revenue own government's Communist repression. We lations because the Federal Govern­ loss. I hope that the Merchant Marine have heard how average Soviet citizens now ment cannot afford to deregulate. Committee can find another way to openly call their Communist rulers liars and I fully recognize the budget con­ achieve its objective. thieves, and so on and so on. strain ts under which all of us are oper­ In short, Mr. Speaker, the long struggle for ating today. I know that the Merchant freedom by the captive nations of the Soviet Marine Committee has acted in good CAPTIVE NATIONS WEEK Union is now reemerging into full view. Our faith in an attempt to find a solution The SPEAKER pro tempore. Under a American policymakers must accept the fact to another difficult problem. But using previous order of the House, the gen­ that the Soviet Union as it is presently con­ Federal information resources as reve­ tleman from New York [Mr. SOLOMON] stituted cannot last! As an unnamed Western nue sources is dangerous and ulti­ is recognized for 5 minutes. consultant was quoted recently in a news mately counterproductive to open Gov­ Mr. SOLOMON. Mr. Speaker, I had the story regarding Ukrainian independence: "Ba­ ernment. great privilege last year to serve as an honor­ sically, what we're watching here is a revolu­ I have a second reason for my objec­ ary cochairman of the "Captive Nations Week" tion. And the question is, will the West be tion to the ATFI information fee. It commemoration here on Capitol Hill. In my re­ ready when Ukraine secedes from the won't raise enough money. The Con­ marks to the House on the occasion of that Union?" gressional Budget Office has estimated commemoration, I noted that the walls of com­ Mr. Speaker, I was encouraged to see that a fee of $21 per hour will raise $750 munism were coming down and that United President Bush meet with Russian President million over 5 years. With all due re­ States policy toward the Soviet Union was at Yeltsin. I was also encouraged to read that spect to CBO, this is a gross overesti­ a tremendously important crossroads. I stated Secretary of State Baker had met with the for­ mate of the potential revenue. I can then, and still believe now, that what our So­ eign ministers of Estonia, Latvia, and Lithuania find no one in the information industry viet policy needs is a rededication to freedom at the recent conference of the Commission or in the maritime industry who be­ for the nations held captive by the Soviet on Security and Cooperation in Europe de­ lieves that the revenues will be even a Communist government. I called for a policy spite the Soviet Government's success in ex­ fraction of the estimate. based on the idea that what the communists cluding them from that meeting. I am not yet Let me illustrate this by using CBO's like to call a "secession crisis" is in fact a dec­ certain, however, that the administration and numbers for fiscal year 1996. CBO be­ ades-old struggle by those captive nations for our allies abroad have accepted the fact that lieves that the Government's revenues their independence! Finally, I called on our Soviet President Gorbachev is now only one for 1996 will be $400 million. Let's ex­ State Department not to tie our policy to the of many possible leaders of change and re­ amine that number more closely. At survival of any one political leader in the So­ form or the idea that what the peoples of the $21 per hour, there would be about 19 viet Union, but to instead aim it towards sup­ Soviet Union need is not more cash, but more million hours of usage of ATFI infor­ porting the captive nations' independence and freedom. mation, or more than 70,000 hours per the promise of true freedom that their struggle Mr. Speaker, I am in fact worried by the talk day. Based on a 10-hour day, CBO esti­ holds. of a so-called grand bargain in which Mr. mates that there will be over 7,000 peo­ Mr. Speaker, I rise today to commemorate Gorbachev would promise further reforms in ple using the ATFI data base every the 32d anniversary of "Captive Nations return for billions of dollars in aid. I am con­ hour of every day. I do not think that Week," and to make some observations on re­ cerned because such a "grand bargain" might any existing automated data base has cent developments in the Soviet Union that I well be a "grand iliusion" that in turn could that many users. think buttress the arguments I made 1 year prove a "grand betrayal" of the nations now It is simply not credible that an ob­ ago. First, let's look at the pictures we have held captive within the Soviet Union. First of scure data base of ocean maritime tar­ seen: The first directly elected President of all, the Communists still control the economy, iffs could generate so much use. This is Russia in that nation's 1,000-year history and they certainly have no commitment either not just a guess on my part. There is being sworn in and visiting with President to free markets or to democratic reform. As an existing commercial data base of Bush shortly thereafter in the White House; many Soviet citizens will tell you, much of any the same information that will appear tens of thousands of Ukrainian Catholics freely aid sent to the U.S.S.R. will simply disappear in ATFI. The gross revenues of the crossing the Polish border to hear Pope John into their pockets. Second, such aid would leading automated commercial tariff Paul 11 deliver a sermon; hundreds of unarmed help delay the Soviets' switch from military­ service are considerably less than 10 Lithuanians going into the streets in protest based production to consumer-oriented out- 18870 CONGRESSIONAL RECORD-HOUSE July 18, 1991 put-and so foster only temporary solutions to acts. His report said that they had been at­ Federal lands. The gentleman from the huge economic problems their people tacked and were only defending themselves. Oklahoma [Mr. SYNARl and I will be of­ face, rather than the outright free market ap­ His report is also astonishing in that it sug­ fering our amendment once more to proach that is vitally needed. Finally, despite gests that the crushing of the young woman's put a realistic amount on the grazing Gorbachev's claims that such aid will help him legs by the tank had been carried out by the fees that are charged by the Govern­ convert arms factories to civilian production, it protesters themselves, who conspired to push ment to western cattlemen in some 16 might just as easily help him maintain the her under the vehicle in order to discredit the Western States. I would ask that our U.S.S.R.'s huge military establishment, which army. As for Gorbachev himself, well he sim­ colleagues very carefully consider is the last, best power base in the Communist ply pleads ignorance. these amendments, not only for the fis­ party. It would indeed be a tragedy, wouldn't Mr. Speaker, we here in the United States cal impact; that is, $150 million that it, if by indirectly contributing to the survival of cannot plead ignorance as we formulate our the Government will receive in every that Communist power base, we might pos­ policy toward the Soviet Union, and we cer­ year following the adoption of our sibly aid the kind of violent repression we tainly cannot afford, either morally or economi­ amendment, but also consider the fact have seen recently in the Baltic Republics? cally, another "Chinese solution," in which we that our rangelands are in a very, very Mr. Speaker, I would suggest to my col­ prop up a murderous Communist regime by serious state of degradation. leagues that there are several things that Mr. opening up aid and trade with it-and, speak­ So, accordingly, Mr. Speaker, I re­ Gorbachev could do right now to help his gov­ ing of China, Mr. Speaker, we should not quest that Members give this legisla­ ernment and himself. If he truly wants to con­ overlook the plight of the Tibetan people, a tion its careful attention and that it vert armaments factories to other purposes, nation held in brutal captivity by Communists adopt the Synar-Darden amendment. he could cut his production of tanks and mili­ since the early 1950s. The terrors and indig­ tary airplanes. He could cut the size of his nities that the Tibetans have suffered all these large, standing army. He could stop sending years have been well hidden from the world REPORT ON DEPARTMENT OF $41h billion a year to prop up Communist by the Beijing Government, but we are now TRANSPORTATION AND RELATED Cuba's economy. becoming more aware of the killings, AGENCIES APPROPRIATIONS Let me enlist the aid of Czech President imprisonments and organized efforts to de­ BILL, 1992 Vaclav Havel in support of my arguments at stroy the Tibetan national identity that the Mr. WHITTEN, from the Committee this point. Just recently, President Havel wrote Communists have carried out to keep Tibet on Appropriations, submitted a privi­ that Western aid, if any, should go directly to captive. We here in the United States cannot leged report (Rept. No. 102-156) on the the 15 Republics, not the central, Soviet Gov­ countenance such brutality, and I personally bill (H.R. 2942) making appropriations ernment. He called for a "thousand points of have taken up the cause of Chinese and Ti­ for the Department of Transportation small assistance" to specific areas in newly betan liberty, calling for the termination of and related agencies for the fiscal year created free markets in those Republics. most-favored-nation trade benefits for the Chi­ ending September 30, 1992, which was Mr. Speaker, I couldn't have said it better nese Communist government. referred to the Union Calendar and or­ myself. The Republics-that is, the captive na­ No, Mr. Speaker, our policy must continue dered to be printed. tions-of the Soviet Union are where we can to promote freedom for the captive nations Mr. SUNDQUIST reserved all points see the true eagerness for change that is and their citizens-both in the Soviet Union of order on the bill. needed to promote economic reforms, not in and Communist China and throughout the the central, Communist government. The Unit­ world-as it has done for over 4 decades. I ed States should promote private investment therefore want to take this opportunity to com­ LEGISLATIVE PROGRAM in those nations and provide economic advice mend the supporters of the "Captive Nations (Mr. SUNDQUIST asked and was to their leaders. Week" commemoration for their long and tire­ given permission to address the House For all these reasons, American policy must less work for freedom, and to again this year for 1 minute.) be aimed toward the independence of those call on President Bush to recognize the rightful Mr. SUNDQUIST. Mr. Speaker, I ask captive nations-and nothing less. Let's end place of these captive nations in our foreign for this 1 minute to yield to the distin­ the illusion of a "grand bargain." policy toward the Soviet Union. guished majority leader, the gentleman Mr. Speaker, let me say this in closing. As On this, the 32d anniversary of "Captive Na­ from Missouri [Mr. GEPHARDT]. events have shown, a Communist reactionary tions Week," I extend my very best wishes to Mr. GEPHARDT. Mr. Speaker, will element is alive and well throughout the Soviet the peoples held captive in both the Soviet the gentleman yield? Union-although it is increasingly isolated Union and Communist China. I look forward to Mr. SUNDQUIST. I yield to the gen­ within Moscow's Kremlin. One of the saddest their entrance into the community of free na­ tleman from Missouri. things I have heard recently was the report of tions as full members in the very near future. Mr. GEPHARDT. Mr. Speaker, I the poor young Lithuanian women whose legs would like to announce the schedule were crushed by a Soviet tank when Com­ for the rest of this week and next week. munist troops ran over and shot at her and SUPPORT THE SYNAR-DARDEN Obviously votes have finished for this hundreds of other unarmed protestors in order AMENDMENT week. to seize one of their Republic's broadcasting (Mr. DARDEN asked and was given On Monday, July 22, the House will stations. In hearing such reports, I can only permission to address the House for 1 meet at noon. At this point we are not think of the massacre of hundreds of unarmed minute and to revise and extend his re­ planning legislative business, however protestors by the Chinese Communist govern­ marks.) there may be a suspension for that day. ment in Beijing's Tiananmen Square a short 2 Mr. DARDEN. Mr. Speaker, next We will certainly give the minority years ago. We still aren't sure just how many Tuesday the House of Representatives adequate time to have notice of that. If of those innocent victims of Communist re­ will consider the authorization for the there is a decision to do that, there pression were crushed to death by Chinese Bureau of Land Management. As all of will obviously be no votes on that day. tanks, their bodies later cremated to destroy us know, this is a very important piece If there is a suspension and a vote re­ the evidence. We do know, however, that at of legislation involving the stewardship quired, that vote would be held until least 13 of the unarmed Lithuanian protestors of almost one-quarter of all the lands Tuesday. accompanying this poor young lady were in this entire Nation. On Tuesday, July 23, the House will killed, and certainly there is always the poten­ It is very important, Mr. Speaker, meet at noon to take up H.R. 1096, Bu­ tial for more such killings. that Members very carefully consider reau of Land Management authoriza­ Remarkably, Mr. Speaker, while Mr. Gorba­ this legislation as it comes before the tion for fiscal year 1992 through 1995. chev can think of a thousand reasons to ex­ House. In particular the Committee on That is an open rule, 1 hour of debate. plain to us why we should give him aid, he Interior and Insular Affairs has deter­ On Wednesday, July 24, Thursday, can't seem to find out who exactly ordered mined that there needs to be an end to July 25, and Friday, July 26, the House that attack on those protesters. His prosecu­ a number of the subsidies that a num­ will meet at noon on Wednesday and at tor-general exonerated the troops for their ber of people have been receiving off of 10 a.m. on Thursday and Friday, to July 18, 1991 CONGRESSIONAL RECORD-HOUSE 18871 take up first the House. resolution on does not want to make the difference, Mr. ABERCROMBIE. Mr. Speaker, I Department of Transportation appro­ but at this· time in his life he decided, rise to speak in a special order today priations for fiscal year 1992, subject to "This is not what I need to do.·~ and read into the RECORD arul make a rule; H.R. 2507, National Institutes of DICK GEPHARDT decided, "I need to be available for as many of the Members Health Amendments of 1991, again sub­ majority leader, where I can be of real and the public as possible the full im­ ject to a rule; H.R. 14, the Flight At­ help to so many people that need and plication of the ABC News Nightline tendant Duty Time Act, subject to a deserve help in the United States of report oflast Friday, July 12, 199L This rule; and H.R. 2837, the dairy price sup­ America." was a. joint effort of the Nightline/Fi­ port and inventory management bill, We have a disparity growing between nancial Times news organization inves­ subject to a rule. the haves and the have-nots. I know tigation with respect to the Gates Obviously conference reports can be many of us are concerned about middle nomination to be CIA Director. brought up at any time, and any fur­ America and the crisis with the middle Mr. Speaker, what I intend to do ther program will be announced later. income Americans of our country. We today is read into the record the entire Mr. SUNDQUIST. Reclaiming my do not want to be another Central transcript of that Nightline broadcast time, Mr. Speaker, there will be votes America or South America. We want to of last Friday. The reason I want to do on Friday? keep our strong middle class. that is that it may not be clear to ev­ Mr. GEPHARDT. At this point there But how do we do that? How can we eryone at this time the serious impli­ possibly will be. There is a chance that solve these problems today, knowing cations of this nomination with respect we could finish the business by the end that we have so many people who are to whether the laws of the United of business on Thursday, but it is not apathetic who are sitting on the side­ States in general and, most particu­ likely. lines today and are not involved? Too many people think that their larly, the intentions of the Congress Mr. SUNDQUIST. Mr. Speaker, I with respect to having the executive thank the distinguished majority lead­ vote and their voice is not important, but I am saying to the Members that branch obey the law have been fully er, the gentleman from Missouri [Mr. met with in this nomination. So I GEPHARDT]. everyone's voice and everyone's vote is important. We thought a few years ago think that is the context within which that when we gave to the 18 to 21 age this program was broadcast, that is, group the right to vote and the privi­ whether or not the Gates nomination A TRIBUTE TO OUR MAJORITY represents an attempt to cover up the LEADER lege of voting, they would really par­ ticipate. But it has not happened. Less full implications of Iran-Contra, the The SPEAKER pro tempore. Under a than a third of the age group from 18 full implications of whether or not peo­ previous order of the House, the gen­ years through 20 years is voting in po­ ple in high office in the executive tleman from Tennessee [Mr. CLEMENT] litical elections today. If we ask any of branch are capable of being there in is recognized for 5 minutes. those in the 18- to 20-year age group the sense of understanding fully what Mr. CLEMENT. Mr. Speaker, I rolled who represents them and what the is­ their constitutional obligations are. It the clock back some to a time that I sues are, we find they truly are not in­ is extremely distressing to me that remember and the gentleman from volved. anyone, let alone someone in the exec­ Missouri [Mr. GEPHARDT] remembers But young people need to get in­ utive branch of Government, would very well when it comes to Adlai Ste­ volved. Most young people today can­ think that he or she can place them­ venson when he was running for Presi­ not even afford to buy a house. They selves above the Constitution and dent of the United States. This was in cannot buy a house, and they do not above the intentions of Congress and the 1950's when Adlai Stevenson was have a lot of the things that other gen­ the laws that Congress has passed. running, one of the most brilliant peo­ erations have had previous to this gen­ We have seen that already in the ple that this country ever had, but eration. But in order to have those North affair, where an individual deter­ never got elected President of the Unit­ things for the future in a country that mined that he would make decisions ed States. My father was Governor of has approximately 250 million Ameri­ that were the prerogative and obliga­ Tennessee at that particular time, and, cans, young people need to be involved tion of the Congress of the United when Adlai Stevenson came to Nash­ more than ever before, and hysteria States and in fact perhaps even mislead ville, TN, I say to the gentleman from can turn into history. All it takes is with forethought and knowledge the Missouri [Mr. GEPHARDT] that my fa­ for people to stand up for what they be­ highest levels of the executive branch, ther and I met Adlai Stevenson at the lieve is right and for what is in the best on up to and including the President of airport. interests of America. the United States. The program began with a Nightline/ D 1450 Financial Times investigation, entitled We were in the parade with him, and GENERAL LEAVE "New Gates Allegations." I will never forget that when I looked Mr. SUNDQUIST. Mr. Speaker, I ask The text of the material is as follows: at my father, my father was really unanimous consent that all Members NIGHTLINFJ"FINANCIAL TIMES" waving his hand, and then I looked at may have 5 legislative days in which to INVESTIGATION: NEW GATES ALLEGATIONS Adlai Stevenson, but rather than wav­ revise and extend their remarks, and to TED KOPPEL. It began routinely enough. ing, he was just wiggling his fingers. include extraneous material, on the Pres. GEORGE BUSH [May 10, 1991). Well, I'm My father looked over at me and he subject of the special order of the gen­ pleased to nominate Robert Gates to be the said, "Son, we're beat." tleman from Missouri [Mr. EMERSON]. director of Central Intelligence. Adlai Stevenson was smart, but as KOPPEL. But this week, it started turning The SPEAKER pro tempore. (Mr. sour. intellectual as he was, he still did not GONZALEZ). Is there objection to the re­ REPORTER. Does this new information give have that personal touch that many quest of the gentleman from Ten­ you any pause at all, and do you think that people like DICK GEPHARDT and others nessee? it may imperil his nomination? have. There was no objection. Pres. BUSH. Absolutely none. Absolutely I might say concerning DICK GEP­ none. It gives me a chance to reaffirm fully, HARDT that it was a courageous deci­ totally. my complete support for this out­ sion on his part to make a statement THE ABC NEWS . NIGHTLINE RE­ standing individual who will be confirmed that this year or this coming year. PORT OF JULY 12, 1991 ON THE and who will be a great director of Central GATES NOMINATION Intelligence. 1992, he is not going to run for Presi­ I believe firmly in Bob Gates's word, and dent of the United States. It is not that The Speaker pro tempore. Under a he's a man of total honor, and he should be he does not have the dream, it is not previous order of the House, the gen­ confirmed as director of Central Intelligence. that he is not concerned about the di­ tleman from Hawaii [Mr. ABERCROMBIE] We sent this nomination up some time ago, rection of America, it is not that he is recognized for 60 minutes. and if everybody's going to get flustered and 18872 CONGRESSIONAL RECORD-HOUSE July 18, 1991 panic because of some allegation by some­ has not. By the mid-1980s, Cardoen was the know too much about how you do it." Our where we don't even know that the person is largest private supplier of weapons to Iraq. source tells us that he has personal knowl­ accusing him of anything, all I'm saying is In all, he was believed to have sold half a bil­ edge of at least one meeting in 1986 in Flor­ fair play. lion dollars worth of arms and advanced ida between Robert Gates and Carlos KOPPEL. Tonight, as part of our ongoing technology to Baghdad. Cardoen, the Chilean arms dealer. Nightline/Financial Times Investigation, At a factory 500 miles north of Santiago, Other sources have told us of other such new allegations that could scuttle the nomi­ Cardoen produced tens of thousands of bombs meetings, here in the United States and in nation of Robert Gates, President Bush's and other equipment absolutely essential to Europe. Which brings us to an unsolicited choice to head the CIA. Iraq during its eight-year war with Iran. The statement that was telephoned into ANNOUNCER. This is an ABC News material would be loaded aboard regular Nightline from the Central Intelligence Nightline/Financial Times of London Inves­ Iraqi Airways flights from Santiago to Bagh­ Agency almost a month ago, on June 17th. tigation. Reporting from Washington, Ted dad. Cardoen did not simply ship weapons; he "Allegations," the statement read, "that Koppel. set up entire factories, capable of producing Robert Gates facilitated illegal shipments to KOPPEL. All week long, the rumors, allega­ bombs and other explosives. The components Iraq during the 1980s are totally without tions and reports have been building up. All would be shipped to Baghdad from all over basis." Since we had never requested such a week long, there has been a growing sense the world and then assembled in Iraq. One of statement about Mr. Gates, we didn't know that Robert Gates's nomination as CIA di­ these factories turned out cluster bombs. quite what to make of it at the time, but rector may be in trouble. But the focus of at­ As we first reported on the 24th of May, then today we learned of that Presidential tention has all been on Gates's knowledge of much of the sophisticated military tech­ Finding authorizing the covert shipment of and possible involvement in the Iran/Contra nology that Cardoen was shipping to Iraq arms to Iraq. It would be true, then, that scandal. came from the United States. This company Robert Gates did not facilitate illegal ship­ Tonight, as part of our ongoing Nightline/ in sleepy Lancaster, Pennsylvania, is be­ ments to Iraq. Under the Presidential Find­ Financial Times Investigation, we will bring lieved to be the source for some of the clus­ ing, the shipments would have been quite you a new set of allegations, charges that ter bomb technology, but there was more. legal. Robert Gates was deeply involved as deputy Nasser Beydoun is also an arms dealer. He But during this last set of confirmation director of the CIA in a major covert oper­ acted as a middleman between Carlos hearings back in 1987, Robert Gates assured ation that funneled weapons and technology Cardoen and Iraq. the Senate Intelligence Committee that he to Iraq. Arms shipments took place over a NASSER BEYDOUN, Arms Dealer. I am aware would always keep the committee current on period of years during the 1980s. The issue of of Carlos Cardoen getting some type of tech­ ongoing covert operations. Indeed, the CIA is such covert operations came up in February nology on the air-fuel bomb from the United supposed to provide the Intelligence Com­ of 1987, when Gates was first nominated to be States, yes. I believe that Iraq now has a via­ mittee with quarterly reports. According to CIA director. As you'll recall, he withdrew ble fuel-air explosive. well-informed sources on the committee, it his nomination under pressure. But listen to KOPPEL. These weapons are designed to ex­ has had no briefings on the covert arms pipe­ what Gates said in his opening statement to plode just above ground level, like miniature line to Iraq. That, said one senior senator on the Senate Intelligence Committee back atomic bombs, literally sucking all available the committee, would be a total breach of then. oxygen out of the air. trust. RoBERT GATES [February, 1987). We must It is clear that Carlos Cardoen's special re­ "What would it do to the Gates nomina­ ensure that no covert action is undertaken lationship with the U.S. government was not tion?" I asked, "It would probably be without proper coordination and proper writ­ known by all departments. When the Com­ enough," said the senator, "to derail the ten authorization, and also that they are merce Department inquired about his activi­ nomination." conducted in full accordance with the law ties in early 1987, it received a cable from the Again, an excerpt from Mr. Gates's testi­ and our regulations. U.S. ambassador in Santiago, saying, "Al­ mony before the Senate Intelligence Com­ KOPPEL. The question, then, is not only though Cardoen is involved in the sale of ar­ mittee in 1987. whether the covert shipments of arms to maments and has made his fortune from it, Mr. GATES. If you cannot have a system in Iraq were properly authorized, but also he is considered to be a responsible recipient which there is some confidence between, (A), whether the CIA fulfilled the guarantees of U.S. products." the branches of government confidence be­ made by President Reagan and by Robert In fact, by 1987, the covert relationship be­ tween the senior officials of the government, Gates himself to keep the appropriate com­ tween the CIA and Carlos Cardoen was al­ (A), that they will abide by the rules and, mittees of Congress informed on a regular ready well-established. In 1983 the Reagan (B), that they will deal with one another basis. The answer to those questions, ABC administration had become alarmed at how honestly, then I think the system begins to News has learned, is both yes and no. It is poorly the Iraqi military was doing in its collapse. the no that will jeopardize the Gates nomi­ war against Iran. A decision was made at the KOPPEL. Late this evening, the White nation. More on that later. highest level of government to begin helping House communicated its response to the The CIA's covert shipments put into Sad­ Iraq. charges contained in this report. "The whole dam Hussein's hands some of the most dan­ Indeed, ABC News has learned only today story is unfounded. There were never any gerous battlefield weapons in the world, that around that time, 1983, Ronald Reagan sales, covert or overt, to Iraq or Iran through weapons which ironically would be at the issued a highly classified Presidential Find­ a third country and Mr. Gates never met disposal of the Iraqi military in their war ing stating that it was important to the na­ with Carlos Cardoen." against U.S. troops earlier this year. tional interest that arms and technical as­ We'll be back with more in a moment. Cluster bombs, considered so devastating sistance be covertly funneled to Iraq with Joining us now from our affiliate WTNH in that the United States has specifically with­ the help of the CIA. More on the significance New Haven, Connecticut is Congressman held them from the Israeli military. These of that Presidential Finding in a moment. Sam Gejdenson, chairman of a subcommittee bombs, which explode into hundreds of lethal What it unleashed was a flood of U.S. help to that has subpoenaed thousands of documents fragments, are designed as highly efficient Iraq. A former CIA operative who was in­ from the administration about U.S. export troops killers. The U.S. military refers to volved in the program has told us of a series policy toward Iraq. And joining us here in them as "area denial weapons." of covert missions in which 707s loaded with our Washington studio is Alan Friedman, This technology was shipped from the arms were flown into Baghdad. New York correspondent for The Financial United States to Iraq via Chile. That in itself On one such mission in 1987, our source Times of London and a member of the team would have involved a violation of U.S. law tells us, he accompanied a planeload of So­ investigating Robert Gates. in that the transfer of any military tech­ viet-built 122mm missiles. The Soviet equip­ Alan, I'd like to begin by just repeating for nology or equipment to Chile from the Unit­ ment was shipped because it would be com­ you-and let me put on my "specs" here for ed States was prohibited until last Decem­ patible with what the Iraqis already had. By a moment-the White House statement ber. 1987, there was at least one such flight a about our report. "The whole story," it said, But there were also massive shipments of week into Baghdad. "is unfounded. There were never any sales, weapons and technology from Chile to Iraq, Our former CIA source recalls bringing in covert or overt, to Iraq or Iran through a and that operation was overseen and run 8100 bills in a bowling bag. They would also third country and Mr. Gates never met with with the cooperation of the CIA. Robert carry whiskey, cartons of cigarettes and cop­ Carlos Cardoen." A fairly carefully drafted Gates, Nightline has been told, was an inte­ ies of Penthouse magazine to speed up the statement, one would think. gral part of that operation. unloading process, which usually took place ALAN FRIEDMAN, "Financial Times". Yes, At the center of the Chilean arms connec­ at night. Once the White House had author­ Ted. I think that is right, and I would agree tion was this man, Carlos Cardoen, a Chilean ized the covert assistance program to Iraq, with the part of the statement that says arms manufacturer. His role in shipping the CIA took over. In effect, the former CIA there were never any sales to Iraq through a weapons to Saddam Hussein has been known operative tells us, it amounted to a, "Here's third party. Indeed, what we found was that for years. His connection with Robert Gates what we want you to do and we don't want to some of the cluster bomb technology and July 18, 1991 CONGRESSIONAL RECORD-HOUSE 18873 fuel-air explosive technology was given, shipped down to Chile as part of this covert tined to go into September. Go ahead, smuggled down to Chile, for use in systems operation for Iraq, we found that the CIA had Congresman, I'm sorry. that were then made and on-shipped to Iraq. detailed knowledge over a period of four and Rep. GEJDENSON. I think that's terribly im­ In terms of the statement from the White a half years of all sorts of shipments from portant, because what we have to remember House that there were never any meetings !SC to South Africa, some of which were here is, unlike other appointees of the Presi­ between Mr. Gates and Mr. Cardoen, I would later transshipped to Iraq. We found that dent, what the head of the CIA does is not simply say that we have a number of federal law enforcement agencies were un­ transparent. If you're the secretary of hous­ sources, some of them personally involved in able to do anything about it because they ing, as Jack Kemp is, and I disagree with one these covert operations, one of them who just weren't told. of his programs, not only do I know about it, was personally and physically an eyewitness Likewise, we reported just recently and but the average citizen knows about what present at a meeting in Florida with Mr. found the case of the man [lhsan Balbouti, Jack Kemp's doing. Sometimes you agree Gates and Mr. Cardoen in 1986 and who was Nightline No. 2637, June 2, 1991] who built the with him, sometimes you disagree with him. told by Mr. Gates about other meetings that Rabta chemical weapons plant in Libya who, In the case of the director of the CIA, as is he had with Mr. Cardoen. even though the CIA was tracking him very clear from repeated experiences: Oftentimes KOPPEL. Now, Congressmen Gejde'nson, I carefully here in the United States, was al­ even the people in Congress who are sup­ realize that we sort of unleashed a lot of ma­ lowed to build a chemical weapons plant here posed to know about these activities are not terial on you here, but to what degree does in Florida and ship dangerous cyanide with informed. 'rhis has to do with national secu­ this fit in with those thousands of docu­ the help of CIA contract shippers to Iraq. All rity and the standard ought not be somebody ments that you've subpoenaed and with the of these things were going on and the inves­ who can get by the hearing process with information that you have? tigators seemed unable to uncover any of White House pressure. The White House Rep. SAM GEJDENSON, House Foreign Af­ these things. We seemed to have part of the ought to be with us on this one. We ought to fairs Committee: Well, we've just gotten the government trying to investigate and part of make sure that we have someone who fully documents, after a several-month battle the government trying to ship. discloses what's going on to the appropriate with the administration to pry them loose, KOPPEL. Congressman Gejdenson, I'd like committees in the Congress, not someone in­ and it took a vote of a subpoena by the sub­ to get your reaction to that and see whether volved in Iran/Contra, not someone who committee to start the flow of those docu­ your experience has been similar in some of hasn't told the entire truth, and not someone ments. But it's certainly consistent with the the findings that-or conclusions that you who is in question about these activities. information that we've gotten, with the have reached, but we'll take a break first This has to be a definite decision by the Con­ committee stafrs discussion, with some of and we'll be back in just a moment. gress that this individual will come clean the people who have said they were at those And we're back, discussing Robert Gates with the Congress and fulfill not just the let­ very meetings as well. and secret U.S. arms exports to Iraq. ter of the law, but the spirit of the law. I think the important thing to remember Congressman, the question I was asking KOPPEL. All right. Let me just interrupt here is that the United States in 1982, under before is to what degree you have become for a moment, Congressman, because we're the Reagan administration, took Iraq off the aware of some law enforcement agencies in down to our last minute and a half or so. terrorist list at a time when some of the this country trying to dig up information Alan, it is inevitable in this kind of an inves­ worst terrorists in the world were being and finding that they were being stymied? tigation that you run into a lot of sleazy harbored by Saddam Hussein, we suddenly Rep. GEJDENSON. Well, we saw it from­ characters, and I just want to get from you changed our policy and continued to keep across all the agencies. We had Dennis for our audience some sense of how much of Iraq off the terrorist list, enabling the ex­ Clusky [sp], who was then in charge of ex­ the information that we have compiled here ports of dual-use items that could be used for port licensing at Commerce, testify before comes from the sleazy characters, and how weapons from the United States directly to our committee in April that he suggested to much we feel we can really rely upon. Iraq as well as these obvious sales that went Mr. Gates and others at meetings in the Mr. FRIEDMAN. Well, I think, the important indirectly to Iraq. So all through a time White House to stop the exports of dangerous point here is that we have had all sorts of al­ where they were harboring terrorists, when technologies to Iraq. The following day Mr. legations for the last three months when our they killed 5,000 Kurds in 1988 and as recent Clusky resigned from the government, but team has interviewed dozens of people. We've as six days before the invasion of Kuwait, we were told by Mr. Clusky that the White been assiduously cross-checking and we've when I and other members of Congress tried House, the President, the people in that waited to actually go ahead with this story to stop the subsidy of grain sales to Iraq, the room representing the President, argued for until we had very solid sources, those who Bush administration continued to oppose a policy that assisted Saddam Hussein in are documented former CIA operatives, those any sanctions against Iraq. getting these dual-use technologies. who were physically, personally with Mr. KOPPEL. Well, of course there's a huge dif­ We've had Congressman Rose, who I know Gates and Mr. Cardoen at those meetings. ference between grain sales and the ship­ has been on your show, testifying about the And we asked some of them why would Mr. ments of entire plants for the building of a grain sales being tied up with funding weap­ Gates personally take the risk and go out cluster bomb factory. ons to Iraq as well. So across the govern­ and meet with Mr. Cardoen and get directly Rep. GEJDENSON. Except for, I think, what ment, this thing went on and it's hard to be­ involved, get his hands dirty in these oper­ you find is a pattern by both the Reagan and lieve that somebody like Mr. Gates, in his ations, especially as he was deputy director Bush administrations of trying to assist Sad­ position, didn't know about it. of the CIA at the time himself. And we were dam Hussein. What we found at one hearing KOPPEL. Well, we are suggesting a lot more told that he went out because he wanted to was a document from the State Department than that he may have known about it. give his imprimatur, because he wanted to that said that the United States was even We're suggesting that he was actively in­ make sure the job got done. We've talked to ready to sell weapons to Iraq as long as they volved in it, and let me just pass on a little a number of solid people and cross-checked. were for the personal protection of President bit more information that we have gathered KOPPEL. All right. Alan Friedman, thank Hussein, a policy that ignored all the out­ today having to do with the confirmation you very much. Congressman Gejdenson, rages, a policy that ignored, I think, the in­ hearings themselves. I was told earlier this thank you very much. I'll be back in a tent of the Congress and the American peo­ afternoon that both Allen Fiers, a former monent. ple. And that the allegations that we've got­ senior officer from the CIA and Claire Sunday on This Week with David Brinkley, ten from a number of sources seem to be con­ George are not likely to be testifying volun­ Secretary of State James Baker will discuss sistent with that, that the United States did tarily. Indeed, Allen Fiers has said he will U.S.-Soviet relations. everything it could under the Reagan and not be testifying voluntarily before the Sen­ And that's our report for tonight, I'm Ted Bush administration to assist Saddam Hus­ ate Intelligence Committee. The White Koppel in Washington. For all of us here at sein. House, as we've all heard during the course ABC News, good night. KOPPEL. Alan, I know one of the things of the day, has been putting on some pres­ D 1520 that we've discovered in our investigation, sure to get those hearings underway before and I'd like you to elaborate on it a little the August recess--August 2nd, of course, Mr. Koppel than went on to thank bit, is that frequently indeed there were fed­ the Senate goes in to recess--and there are Mr. Friedman and Congressman GEJD­ eral agencies, law enforcement agencies, indications now that a week from Monday, ENSON for being on the program. that were trying to uncover what was going indeed the hearings will begin. Mr. Gates Mr. Speaker, the implications of this on, who found that they were being stymied will be asked to verify at that time, but I've program as broadcast by Nightline at every turn. Can you talk about that a lit­ also been told that there is no way that tle bit? those hearings will be completed before the with the cooperation of the Financial Mr. FRIEDMAN. Yes. I think that if we look August recess and that Mr. Gates will be told Times of London are stunning. The fact back at other discoveries we've made, when that he is going to be recalled again after of the matter is that the allegations we found !SC, the company in Pennsylvania other witnesses have testified after the Au­ which were contained in the program that was--that had cluster bomb technology gust recess. So these hearings are now des- are such that it calls into serious ques- 18874 CONGRESSIONAL RECORD-HOUSE July 18, 1991 tion whether Mr. Gates has delib­ certainly in the interest of the Amer­ Mr. BONIOR. Mr. Speaker, I would erately misled the Congress of the ican people to see to it that no one like to take just this very short period United States specifically at the hear­ thinks for a moment that they will be of time to rise on a very special note of ings that were held in 1987. It brings able to escape the harsh glare of light thanks to someone who is very special into serious question as to whether upon the subject at hand; namely, did in my life. this nomination can even go forward at anyone who is now before the Amer­ Mr. Speaker, the victory that was this point. ican people for their approval through mine and my family's and my friends' It most certainly points out that it is their elected representatives to be in last week to the position of majority the obligation of the Congress of the charge of something as sensitive in its whip, I want to share with a very spe­ United States through its committee consequences and implications, the CIA cial person, my father. representatives in the Senate to make [the Central Intelligence Agency] that My father, Ed Bonior, got involved in sure that every question that is raised no person who is represented to us here politics when I was a very young man as the result of the information that in our national legislature as being in Hamtramck, MI. I recall in the very has been forthcoming not only on this worthy of heading that agency be any­ earliest days sitting around his knees broadcast on Nightline last Friday but one less than someone whose integrity as a very young man when television on all subsequent broadcasts-- can be relied upon. was first introduced, watching the first The SPEAKER pro tempore (Mr. Mr. Speaker, I think you are aware, talk news shows on television, "Meet MAZZOLI). The gentleman will suspend and the other Members are aware, that the Press," back in the early 1950's. momentarily. the intelligence committees, the mem­ 0 1530 The Chair is constrained to advise bership of intelligence committees, the House and the gentleman that ref­ whether in this body or the other body, I remember the lively discussions we erences to the other body or to actions have some of the greatest burdens of had at our dinner table about politics, to be taken or not taken by the other responsibility of any of us. They are about labor issues, about business is­ body are not within the rules of the privy to information that in many re­ sues. House. spects is held back from the rest of us, My father was a small, independent Mr. ABERCROMBIE. Very good. Mr. and so we rely not only on their judg­ businessman. He was a printer, elected Speaker, I appreciate being reminded ment and on their honesty, on their in­ as the mayor of the city of East De­ of that. telligence, on their perspective, but we troit, Macomb County, and became the With respect to the other body, one rely on their capacity to be able to act chairman of the county board of super­ would certainly hope that its actions in our interest, and by extension then, visors of a county of over 600,000 peo­ would reflect credit, as I am sure is the Mr. Speaker, the person who leads the ple. intention of the leadership in the other CIA is, perhaps, in an even more sen­ I learned a lot of my skills in poli­ body. sitive position, because that person tics, the skills that I do possess from Mr. Speaker, nonetheless, it is a fact can, in fact, direct covert operations, him. I think more important, I think I of our political life and a matter of law in fact has responsibility over budgets learned the values which I take with that with regard to the Director of the and activities which we only, through me here to this great body, and which CIA and with regard to the nomina­ our intelligence committees, are able I think I mirror, in terms of my own tions that come before the other body to monitor at all. constituencies, from him. He has been that their rules and procedures are Therefore, anyone who cannot be a great inspiration, and a great teacher such that committees of the other body completely trusted in that position is to me. He was a great political leader are required to make recommendations someone that I think should be re­ back in Michigan. He is continually an to the entire membership, and votes jected, and so I hope all of these ques­ inspiration to me in the work that I do. are taken with respect to those nomi­ tions are fully explored. I just wanted my friends and family nations. My point here is that the alle­ I expect that the membership in the to know that this victory that we were gations contained not only in this news other body who has this responsibility able to achieve last week is as much report but in subsequent news reports his as it is mine. will do so, and I can assure you, Mr. I thank the gentleman for allowing and analyses are such that it is incum­ Speaker, that I, for one, intend to keep bent upon all of us who have respon­ me the time to express this to my close contact with those who are fol­ friends. sibility in this area to see to it that all lowing this and intend to keep this of the questions are asked, that all of body informed. the answers are forthcoming, and that I want to say in closing that I am HONORING AMERICA'S HEROES the security of this Nation is held sac­ particularly appreciative of the re­ rosanct and that security, I submit to marks made by the gentleman from The SPEAKER pro tempore (Mr. you, Mr. Speaker, and to the other Connecticut [Mr. GEJDENSON] on this MAzzoLI). Under a previous order of the Members of the House, is that the Con­ House, the gentleman from Texas [Mr. program. It was insightful. It was con­ stitution be upheld. JOHNSON] is recognized for 5 minutes.) cise. It was informative. All of his re­ No one is above the Constitution. We Mr. JOHNSON of Texas. Mr. Speaker, all took an oath. We all swore to up­ marks reflected credit not only on him­ throughout the history of this great hold the Constitution. We all had that self but on his membership on the Com­ Nation, great men and women have privilege. We all had that honor. In mittee on Foreign Affairs, and as long worked selflessly to defend and protect carrying it out, it seems to me, at a as we have people like that on the com­ the lives and liberty of their fellow minimum, the people of the United mittee it is in good hands, indeed, and Americans. We call these men and States expect us and want us to see to so I know that we can trust him to women heroes. it that anyone in the employ of the keep in touch on this issue. On July 7 in Dallas, TX, America dis­ United States of America who acts in I know that the membership will be covered two new heroes. our name acts in conformance with the grateful in the end for all of the atten­ On that day American League um­ law and acts in the interests of the tion that is going to be paid on this pire, Steve Palermo and former Miami United States as determined by the most vital subject. Dolphin Terence Mann were shot while legislative body and the executive trying to help two women who were branch, upholding that law and uphold­ being robbed in a parking lot. ing that Constitution. TRIBUTE TO ED BONIOR Shortly before 1 a.m., a bartender no­ Mr. Speaker, these allegations, then, The SPEAKER pro tempore. Under a ticed a robber robbing the women at in summary, are very, very serious. previous order of the House, the gen­ gunpoint in a restaurant parking lot. The implications reach far, and I would tleman from Michigan [Mr. BONIOR] is Palermo, Mann and the bartender think that it is in our interest and it is recognized for 5 minutes. rushed over. The robber made off with July 18, 1991 CONGRESSIONAL RECORD-HOUSE 18875 the purse of a woman, knocked her stabilizing influence in this diverse na­ languages are spoken in those coun­ down and hit her in the face. Three sus­ tion. He introduced the first English tries, but their governments function pects drove off, but these three chased language amendment to the Constitu­ in Spanish. French is the language of the fourth suspect over a highway tion 10 years ago, evoking overwhelm­ government for Haiti, the Ivory Coast, overpass. Palermo caught the suspect ing public support. Polls and surveys Senegal, and Monaco. Other languages and tried to make a citizen's arrest. show that the American people con­ are used in those countries, but the While they were standing there with­ tinue to support English as our official governments operate in French. out a weapon, the other three suspects language of government. The most re­ The Language of Government Act returned in a car, and one fired two cent Gallup survey found 78 percent of will not affect the teaching and learn­ shots. The identity of the third man the people in favor of this proposition. ing of other languages in the United who tried to help was not released. In his letter, Senator Hayakawa States. This legislation is not meant to None of the four suspects, three wrote that each year his belief deepens dampen the enthusiasm or interest adults and a juvenile, were wounded, in our common language as an essen­ that our citizens hold for other lan­ . and they fled by car. They were later tial element in our national makeup. guages. It will not deter the private use captured by running a red light. Again, I quote from the Senator's let­ of other languages in the home, the Terence Mann suffered a gunshot ter: community, the church, and elsewhere. wound to the neck, abdomen, and arm. As the years pass I realize more and more I cannot say it too often: Official lan­ He was treated and released from Dal­ the value of preserving our English language guage is the language of public busi­ las Presbyterian Hospital. and designating it as our official language ness, not the language of private con­ Steve Palermo was less fortunate. He right up there with our flag and our national anthem. versation. was shot on the tip of his spinal chord We feel a historical link to the Eng­ and is currently undergoing physical The Senator's beliefs are well lish language. We built this country on therapy at the Dallas Rehabilitation grounded in scholarship. In his classic ideals and dreams that we debated in Institute. study of linguistics, "Language in English. We often had different opin­ Doctors say that Steve's rehabilita­ Thought and Action," he wrote: ions but through our shared language, tion will take time-but they hope for Language is the indispensable mechanism we found our way to compromises that a full recovery. of human life. Language makes progress pos­ sible. made our Nation strong. People the Steve Palermo said that his actions world over dream of living in the kind represented "what any good citizen Incorporating that philosophy, in of democracy we have created here. would do for another person.'' 1983 he founded U.S. English, a na­ The freedoms that we enjoy in the Mr. Speaker, Steve Palermo and Ter­ tional, nonprofit, nonpartisan organi­ United States are truly the envy of the ence Mann are true American heroes. zation consisting of 400,000 members world and the English language played I know that all of my colleagues join dedicated to promoting our common a key role in creating those freedoms. me in praying for Steve's speedy recov­ language. U.S. English is working to At the same time, we are among the ery. We hope that he can shout "play ensure the continued survival of our most culturally and ethnically diverse ball'' very soon. Nation through the use of shared, com­ people in the world. Our people live to­ I'll introduce a resolution to honor mon language. gether and work together in peace and Steve Palermo, Terence Mann, and all By making English the official lan­ freedom. We do not deny the services of American heroes who stand up to guage of our Government, we reaffirm our government to anyone, nor do we criminals and say "we're not going to our belief that a common language ever intend to. serves as a bridge for understanding in take it any more." To Steve Palermo I am proud to be the author of H.R. we say God bless you and get well soon. our diverse society. Adopting a policy of official English establishes a more 123, the Language of Government Act, efficient, less costly means of conduct­ which would designate English as our ing public business in a country with nation's language of government. This THE LANGUAGE OF GOVERNMENT legislation is designed to integrate our ACT about 150 different languages. The Lan­ guage of Government Act is common society through common communica­ The SPEAKER pro tempore. Under a tion, rather than fragment it along lin­ previous order of the House, the gen­ sense legislation, but a lot of mis­ conceptions surround it. I would like to guistic lines in the face of growing eth­ tleman from Missouri [Mr. EMERSON] is nic and cultural diversity. Most Ameri­ recognized for 10 minutes. address and clear up those misunder­ standings today. cans agree that segregation of our soci­ Mr. EMERSON. Mr. Speaker, I would The Language of Government Act ap­ ety along language lines would be dev­ like to take this opportunity to honor astating in a nation as diverse as ours. the 85th birthday of a great Amer­ plies only to official government lan­ guage. It does not affect private con­ Senator Hayakawa has devoted his ican-the distinguished former Senator versation or private business. Emer­ life to the study and teaching of the from California-the Honorable S.I. Ha­ gency services such as 911 and social English language. He knows from per­ yakawa. services would continue to be provided sonal experience that people of every Senator Hayakawa is a naturalized in other languages, as they are now. race, color, and culture are welcome in American, born in Canada of Japanese Official language does not mean that this country to create a life for them­ parents. He was once denied entry into one language is better than any other, selves and their families. And the key the United States because of his Japa­ nor does it mean that English would be to unlocking these opportunities is our nese ancestry. Senator Hayakawa re­ the only language spoken in the United common language. flected on those years in a letter he States. That would be ridiculous. Offi­ On Senator Hayakawa's 85th birth­ wrote to me recently, part of which I cial English means simply that our day, I urge my colleagues to join me in would like read into the RECORD. government will function in English, as extending to him our congratulations I smile when I think about a Japanese it does now. and join me in cosponsoring the Lan­ man, born and reared in Canada, having a ca­ Official language is not a new or radi­ guage of Government Act to preserve reer teaching English in American univer­ and protect our national unity through sities, and then going even further to write cal concept. More than half the nations books explaining semantics and the role of of the world have designated a lan­ one single language of government. language in our lives to my fellow Ameri­ guage in which their government oper­ Mr. STENHOLM. Mr. Speaker, I am a co­ cans. Of course, all this came about because ates. Nations with official languages sponsor of the Official Language of Govern­ we are in the enviable position of having a abound in our own hemisphere. In ment Act because I believe that a common common language, English. South America, for example, Spanish is language is very important to a nation. Those Senator Hayakawa believes deeply in the official language of Ecuador, Hon­ of us who support this legislation maintain that a common language as a unifying and duras, Venezuela, and Paraguay. Other English is the link that makes a single people 18876 CONGRESSIONAL RECORD-HOUSE July 18, 1991 out of a variety of ethnic and religious groups, How can we in Congress help solve these portance of a common means of communica­ races, and nationalities in the United States. problems? tion with one another. There are those who say we really did not The first step we must take is to establish Mr. DICKINSON. Mr. Speaker, I rise this need a common language. They say we could a clear language policy for this Nation. We evening to extend my congratulations to Sen­ have made it this far without it because must state unequivocally that English is the ator S.I. Hayakawa upon his 85th birthday. It shared language does not mean that much language of the Federal Government of the is a milestone in a life of milestones, many of anymore. The ethnic separatists who scorn United States. This legislation would make which have been in service to his country. assimilation into the mainstream society say English the language of our legislative, execu­ Senator Hayakawa has said the designation U.S. citizens actually have very little in com­ tive, and judicial branches of Government. of English as the official language of the Unit­ mon with the United States anymore. They Setting a clear language policy will inform ed States would be a crowning achievement in say we are not a melting pot; we are a salad those who live here and those who come here his life. I call upon my colleagues to join me bowl. We are just a collection of various ethnic to make this Nation their home that the Eng­ in endorsing the English language amendment groups sharing little more than geographic lo­ lish language is important to the United to the Constitution, and l want to take a few cation. They claim English is just one of many States. You may live in this country without minutes to tell you why I support it so whole­ languages in the mix. knowing the common language, but to partici­ heartedly. This attack on English as our national lan­ pate fully in the political, social, and economic There is a tum of phrase we hear frequently guage also obliges us to think about nation­ opportunities of this country, you should learn in this country that conveys much of the spirit hood. Dictionaries define a nation as a group English. of this land. You hear it when something ex­ of people who share a common history, eth­ Setting a clear language policy for this traordinary happens-something unusual or nicity, and language. There may be many lan­ country does not discriminate against anyone. peculiar to this country. Most often, you hear guages represented in a geographic area, but As a matter of fact, through a common lan­ it when someone has beaten long odds and at the core of a nation is the language shared guage we ensure equal economic, social, and achieved an almost impossible success. by the majority of its people. In the United political opportunities for all. It is in the best in­ That's when you will hear someone say: States, English is the common language. It is terest of the people to operate our Govern­ "Only in America could this have been pos­ at the core of our democracy. ment in our common language. In addition, it sible." This is. why I support H.R. 123, the Lan­ is in our country's best interest to promote Senator Hayakawa must have felt that way. guage of Government Act. The English lan­ policies that maintain our common language. Because only in America could a man of J~ guage is more than just one of many lan­ By doing so, we will help America remain a anese parentage, born in Canada-who was guages spoken in this country. It is more than land of equal opportunity for all rather than a once denied entry into this country because of just part of the mix. The Language of Govern­ nation with second-class foreign speaking citi­ his race-only in America could that man ment Act establishes a language policy for this zens. Join me in promoting equal opportunity, achieve what Senator Hayakawa has country that secures the importance of know­ literacy, and national unity. Support H.R. 123, achieved-as author, linguist, educator, and ing English in the United States. American citi­ the Language of Government Act. U.S. Senator. zens may use their native language, but to Mr. SKELTON. Mr. Speaker, since the late The country's most famous Austrian import, succeed in America, a person must under­ 1800's, millions of immigrants have passed Arnold Schwarzenegger, has also known that stand and use English. Consequently, we through Ellis Island to reach the United States. only in America experience. He arrived on our must turn vigorously to ensuring opportunities Today, we are the most culturally diverse na­ shores in 1968 with only a duffel bag and a for non-English speakers living in our country tion in the world. passion for his new homeland. When he be­ to learn English. This country is coming face to face with an­ As a nation comprised of a huge cross cul­ came a citizen 15 years later, Arnold other undeniable fact: the ability of Americans ture of ethnic groups and languages, we must Schwarzenegger was well on his way to being to read and write the English language directly not remain strangers to each other-we must one of the 1O wealthiest entertainers in Amer­ affects the economic and social well-being of be able to communicate. ica and one of our biggest film stars. He is this country. Through a shared language, I am an original cosponsor of the Language also a major impetus for our national interest knowledge becomes available to all. Common of Government Act, a statute to declare Eng­ in physical fitness. values can be defined. Common goals-like lish as the official language of the United The lives of thousands of people are testi­ quality education-can be established and States. mony to the "Only in America" quality that is pursued. By designating English as the official lan­ such a unique part of our national heritage. It is a national disgrace, and a personal guage we will create a common channel of Stephen Baker is another. His name may not tragedy that the talents and abilities of millions communication for all cultures in our Nation. be famous, but I'll bet you've "let your fingers of our fellow Americans are trapped in the Our Government will be required to provide do the walking" through the yellow pages of cage of illiteracy. Illiteracy is eroding our eco­ programs to teach English to those who do the telephone book. Stephen Baker created nomic effectiveness. Already the skills deficit not know it, giving Asians, Hispanics, and that slogan. A Hungarian immigrant who in American business and industry has cost Eastern Europeans, the opportunity to play a stepped off a boat from Europe in 1943 with the taxpayer and the business community larger role in local politics, business, and com­ $7 in his pocket, Stephen Baker has managed more than $20 billion in lost wages, profits, munity efforts. to tap into our American sense of humor. He and productivity. Polls from different ethnic groups indicate is author of 21 books, among them "How to What is more, we are in the postindustrial that they are in unanimous support of this leg­ Play Golf in the Low 120's" and "How to Live era when most of the people in the work force islation. While Missouri has several German With a Neurotic Cat." make a living with their minds, not their hands. and Hispanic communities, people from our The "Only in America" experience is part of Never before has the majority of American State will benefit from this legislation as well. the American dream, which, I am happy to jobs placed so many demands on employees. Nineteen States have already declared Eng­ say, is still coming true after more than 200 To compete effectively, the average American lish as their official language. years. It is a promise of our national character worker today must employ skills at a 9th to The Language of Government Act will not that other nations of the world seek to emulate 12th grade level. During World War II, Amer­ affect the teaching and study of other lan­ and the English language amendment seeks ican jobs required a fourth-grade skills level. guages. Nor will it deter the use of languages to preserve. "Only in America" is a promise of American businesses are paying a high other than English in the home, community, or equal opportunity that offers us the chance to price to develop communication skills in their the church. I strongly encourage improved for­ crack the cycle of poverty, ignorance, and workers. U.S. companies are spending hun­ eign language instruction in the United States. prejudice and break through to goals we only dreds of millions of dollars every year as edu­ What this bill says is that in addition to other dreamed of. cators of last resort. For example, at the languages, there is one language that every The American dream depends on the unity Unisys plant in Mission Viejo, CA, 125 workers American should know, and that is English. and political stability we enjoy under our are taught to read, write, and speak English at A knowledge of English is the key to open­ unique system of government. Common lan­ a cost of $150,000. American Express spends ing the doors of opportunity. America has a guage is a powerful ingredient in this mix. All $1 O million a year to teach its new workers gift of cultural diversity. We should all use this of us who serve as Members of Congress basic English and social skills. to our advantage, yet let us not forget the im- know that our Government depends upon July 18, 1991 CONGRESSIONAL RECORD-HOUSE 18877 communication between elected representa­ Learning English is not easy, but the stu- Venezuela preserves an important component tives and the electorate. Our Republic has al­ dents at Cambria understand the importance of the unity and well-being of its people and its ways relied upon common language to keep of knowing the common language of our coun- democracy. Government in touch with the people. try. Sonia Guandique said learning English is I find it ironic that people in Hispanic coun­ Earlier this year, I saw a letter opposing hard for her. "But I'm trying to speak it per- tries like Venezuela vigorously promote the English as the official language of the United fectly," she wrote. "Because if I'm living in this dominance of a single language-Spanish-in States. The letter said that our Founding Fa­ country, I have to find a way to make it better their countries. But Hispanics in America pro­ thers had rejected the idea of naming English for me." mote bilingualism just as vigorously in this as our official language. That means they con­ The dream of a better life has motivated mil- country. While they downplay the role of Eng­ sidered it, and then rejected it. I would like to lions of people who have come to the United lish as the common language of the United see the historical validation of thbt statement. States. They have come, and still come, from States, they know very well the importance of According to my research, the subject never every part of the world, speaking every Ian- the Spanish language in maintaining their po­ even came up. It was assumed to be a fact. guage and representing all types of cultures. litical constituencies. And in areas all across The Founding Fathers argued about individ­ Many maintain their native cultures and Ian- America, Hispanic activists are pushing for bi­ ual words and phrases during that historic guages while adapting to their new country. lingualism in local governments and education. September meeting in Philadelphia in 1787. But there is a trend now by some immigrant It is time to ask Hispanic activists if their ulti­ But I could not find a single indication that groups toward resisting assimilation into the mate goal is official bilingualism in the United they even considered an official language. larger society. A cult of ethnicity is bent on re- States, and it is time for them to answer. Why should they have? The government of versing the movement of American history and Bilingualism in individuals is to be encour­ the 13 colonies in the New World, which defining us not as a unified nation of individ- aged. As we move into the 20th century and would become the States, was English. It was uals, but as adherents to an ethnic or cultural into a truly global economy, we are going to a natural presumption by the Founding Fa­ group. need more and more bilingual individuals. The thers that our new country would function in A major concern expressed by Senator Ha- English language amendment does not dis­ English. yakawa was preventing the segregation of our courage the study of foreign languages. But During the arduous, 3-year ratification proc­ society along linguistic lines. This would be official bilingualism is something entirely dif­ ess by the States, the authors of the Constitu­ calamitous in a nation as diverse as ours. The ferently. The operation of government in more tion depended on our common language more common language movement seeks to include than one language simply does not work. Can­ than ever. every race, ethnic, and cultural group in the ada is the prime example of that. They embarked on an unprecedented cam­ process of democratic government. So long as The English language amendment is about paign to bring their arguments to the public. In we preserve one shared, common language, whether we will have one official language as countless speeches, newspaper articles and we will preserve the freedoms of all Ameri- opposed to chaos. If the Hispanics can de­ pamphlets, they focused on those issues cans. mand that our Government operate in their where consensus was possible. The role of common language in the build- language, why shouldn't all the 148 language Word for word, line for line, the Constitution ing and sustaining of our nationhood cannot groups in our country demand it too? And how was made available for the fullest public dis­ be trivialized. We in the United States are do we pay for all this? Official language costs cussion. Nothing like this had ever happened bound together by concepts of freedom and Canada more than half a billion Federal dol­ before-and perhaps never will again. As individual rights and by love of country. But lars a year. Local costs are much more. In this Congressmen began to consider the new plan, these are concepts and feelings that cannot" country, it is just plain common sense for our thousands of clergymen, farmers, lawyers, be seen or touched. They are articulated Government to function in English. That shopkeepers, doctors, blacksmith, and mer­ through our common language, as they have doesn't mean English is better than any other chants were reading it themselves. Their ac­ been for more than two centuries of our Na- language; it just means English is the common tive interest in establishing our government tion's history, in our Declaration of lndepend- language of our country. began a pattern of citizen involvement in the ence, Constitution, and Bill of Rights. As I said earlier, common language is the new Nation. And participatory government re­ Common language is at the core of our de- linchpin of our common culture. The English quires common language. mocracy. The English language amendment language amendment recognizes our English Opponents of my bill, the English language seeks to preserve this core. All Members in- as the foundation of our just and peaceful na­ amendment, and Congressman EMERSON'S volved in this special order share the goal of tion and its natural outcome, a better educated Language of Government Act, try to downplay establishing a clear language policy for our and more prosperous citizenry. English as our common language and make it country. A policy that says: "English is impor- The good life is attainable by mastering the just one of many languages spoken in this di­ tant in the United States. To participate fully in intellectual and cultural opportunities of a soci­ verse nation. They would eliminate English as the economic, political, and social life of this ety. In the United States, we call it the Amer­ our common language because it is the Nation, you should know English." ican dream. The English language amendment linchpin of our common culture. These ethnic Official language is a worldwide concept. seeks to preserve the foundation of that separatists know very well the role language The constitutions of more than half the nations dream-so those success stories that begin plays in maintaining their own political bases, of the world establish an official language. with "Only in America" are as much a part of yet they maintain that English played very little Many others have laws on government Ian- our future as they have been of our past. part in the development of this Nation and guage policy. These provisions do not mean We in Government have a particular respon­ plays very little role in our national life today. that other languages are forbidden in these sibility to see that ours is a country of equal I say they are wrong. countries. They simply clarify public policy. opportunity. We must maintain those individual In Los Angeles, there is a school partly sup­ Venezuela is an excellent example of a na- rights and personal freedoms that promise our ported by U.S. English, the nonprofit organiza­ tion with official language. It is in our hemi- people: "If you can dream it, you can do it." tion founded by Senator Hayakawa in 1983 to sphere, and it is a democracy. Venezuela's of- I believe the English language amendment will promote our common language. This school is ficial language is Spanish, the common Ian- keep that promise intact, and I invite my col­ called the Cambria English Institute, and it is guage of its people. A person traveling to Ven- leagues to join me in cosponsoring this his­ the first step toward obtaining the American ezuela is free to speak or read any language toric legislation. dream for many non-English speaking immi­ he chooses while in that country, but when he Mr. GALLO. Mr. Speaker, as U.S. citizens grants. People come there from all over the conducts business with the Government, he we celebrate and enjoy a diversity which is world-Switze·•~nd, Guatemala, Cambodia, will use Spanish. Official documents are in unique to our Nation and very much a part of Mexico, Laos, Greece, Indonesia. Spanish. Elections are conducted in Spanish. our identity as Americans. And I, as the grand- They arrive at Cambria Institute with little in The newcomer to Venezuela who does not son of immigrants, strongly believe that knowl­ common but the desire to learn English and know Spanish will find the country operating in edge of foreign languages and cultures is of take their place in their new country. As Sister his language upon demand. By declaring the highest value. Julia Hnu wrote: "English to me is very impor­ Spanish as its official language, Venezuela Yet, in embracing our cultural diversity we tant because it enables me to communicate says it is important to know Spanish in that should also not forget the importance of our with others in this country and in others." country. By maintaining an official language, primary language. Our common language, 18878 CONGRESSIONAL RECORD-HOUSE July 18, 1991 English, creates a strong bond among all itage. I cannot emphasize enough how mis­ chester for its continuing commitment to put­ Americans and serves as a means to bridge placed this fear is. H.R. 123 will not affect the ting legal protections at the disposal of all who historical and cultural differences and unite us tecching or studying of other languages in ad­ are in need of its protection. as a nation. dition to the English language. Nor will it deter As a cosponsor of legislation to affirm Eng­ the use of other languages in the home, com­ lish as the official language of the United munity, church, or elsewhere. What the bill LEAVE OF ABSENCE States, I join in this special order today with says is merely, in addition to any language By unanimous consent, leave of ab­ my colleagues, Representatives BILL EMERSON people choose to learn, every American is ex­ sence was granted to: and IKE SKELTON. Today marks the 85th birth­ pected to know English. Mr. JAMES (at the request of Mr. day of former Senator Hayakawa who was a I urge all Members to join me today in com­ MICHEL), for today. on account of offi­ pioneer in the movement to establish English mending Senator Hayakawa for his vision on cial business. as the official language of our country. I hope this issue and in seeing his efforts to fruition that my colleagues will join me in remember­ by supporting H.R. 123. ing the tireless efforts of Senator Hayakawa SPECIAL ORDERS GRANTED and continue to fight for a nation united both By unanimous consent, permission to in word and in deed. LEGAL AWARENESS OF WEST­ Mr. PORTER. Mr. Speaker, it is only appro­ CHESTER: LAW FOR ALL WHO address the House, following the legis­ lative program and any special orders priate that today, on the 85thi birthday of the NEED ITS PROTECTION heretofore entered, was granted to: distinguished former Senator Hayakawa, we The SPEAKER pro tempore. Under a Mr. CLEMENT, for 5 minutes, today. discuss the merits of designating English as previous order of the House, the gentle­ (The following Members (at the re­ the official language of the United States. woman from New York [Mrs. LOWEY] is Senator Hayakawa spent much of his pro­ recognized for 5 minutes. quest of Mr. STEARNS) to revise and ex­ fessional life as a teacher. From this experi­ Mrs. LOWEY of New York. Mr. Speaker, we tend their remarks and include extra­ ence, he learned how important it is to provide have all been reminded recently of the tre­ neous material:) the youth of our great nation with the vital mendous impact that the legal system has on Mr. GEKAS, for 5 minutes, today. communication skills necessary to succeed in all of our lives. In a society such as ours­ Mr. SOLOMON, for 5 minutes, today. their future endeavors. where the rule of law is paramount-access to Mr. JOHNSON of Texas, for 5 minutes This respect for the role of language and legal expertise is a vital necessity. It is a sad today. communication led Senator Hayakawa to pro­ fact that, for many people in our country, (The following Members (at' the re­ pose that our common language, English, be sound legal information is simply not afford­ quest of Mr. DARDEN) to revise and ex­ established as the official language of the U.S. able. Fortunately for the Westchester area, tend their remarks and include extra­ Federal Government. To achieve this end and Legal Awareness of Westchester [LAW]-a neous material:) to promote opportunities for Americans to group of caring and knowledgeable attorneys Mr. WISE, for 5 minutes, today. learn English, he founded the nonprofit organi­ puts the protections of legal expertise within Mr. ANNUNZIO, for 5 minutes, today. zation U.S. English. Today, U.S. English the reach of many citizens who would other­ Mr. TORRES, for 60 minutes, on July boasts a membership 400,000 strong and wise be without. 31. plays a leadership role in the movement to es­ Founded in 1980 as Legal Awareness for (The following Members (at the re­ tablish English as our national language. Women, LAW is a nonprofit human services quest of Mr. ABERCROMBIE) to revise We must follow Senator Hayakawa's exam­ agency which charges itself with the awesome and extend their remarks and include ple and join the fight to prevent the segrega­ task of guaranteeing sensible and sensitive extraneous material:) tion of our society along language lines. We counsel to all who need it. LAW serves as a Mr. BONIOR, for 5 minutes, today. live in a land of immigrants-immigrants who clearinghouse for family law information, pro­ Mrs. LOWEY of New York, for 5 min­ came to our great Nation in search of a better vides free legal clinics and a legal information utes, today. life. Without a command of the English lan­ telephone counseling service, indepth legal guage, the children of these immigrants will be awareness workshops, ELDERLAW seminars EXTENSION OF REMARKS unable to fulfill their versions of the American providing important legal information for senior dream. Without an understanding of English, citizens, and many more valuable services. In By unanimous consent, permission to they will find full school curricula inaccessible all, LAW has served over 45,000 women, revise and extend remarks was granted and will be segregated from their English men, and children in the New York metropoli­ to: speaking classmates. tan area in the past 11 years. (The following Members (at the re­ The majority of the children served by the All of these services are made possible by quest of Mr. STEARNS) and to include current bilingual system are Hispanic. I find the generosity of numerous corporate and in­ extraneous matter:) the disparities in education for this group ex­ dividual donors, as well as New York State Mr. SPENCE. tremely disturbing. In 1988, only half of His­ and Westchester County social service agen­ Ms. Ros-LEHTINEN. panics 25 years or older were high school cies. Of course, the attorneys who volunteer Mr. SOLOMON. graduates. Approximately, 59 percent of the their time deserve special commendation be­ Mr. GRADISON. Hispanic dropouts did so by the 10th grade. cause without their selfless efforts, LAW could Mr. RHODES. We have an obligation to prepare our children not meet its fundamental objective. It is a Mr. HORTON. for success in our society. Children who do source of great pride to me that I have been Mr. STUMP. not speak English at home must be brought to involved with Legal Awareness of West­ Mrs. MEYERS of Kansas. English proficiency as rapidly as possible. chester, and I look forward to continuing to Mr. GUNDERSON. On January 3, the gentleman from Missouri work together for years to come. Mr. LOWERY of California. [Mr. EMERSON] introduced H.R. 123, the Offi­ LAW is celebrating its 11th anniversary this Mr. CRANE. cial Language of Government Act of 1991. Sunday. That celebration will commemorate (The following Members (at the re­ This measure would establish English as the the organization's many triumphs and invalu­ quest of Mr. DARDEN) and to include ex­ official language of the U.S. Government and able service. Without a doubt, Legal Aware­ traneous matter:) direct the Government to preserve and en­ ness' good work will continue for many years Mr. ACKERMAN. hance the role of English as such. to come. It is a special privilege to rise today Mr. TORRES. Mr. Speaker, Hispanic educators have ac­ in recognition of this fine organization. It is no Mr. VISCLOSKY. knowledged that preschool children are at an exaggeration to say that LAW has been instru­ Mr. ROYBAL. age to learn English with relative ease. mental in restoring people's lives and in see­ Mr. BONIOR. However, these educators oppose this ing that the principles of justice on which this Mr. STARK. measure out of fear that learning English will Nation was founded are fully realized for those Mr. 0BERSTAR. cause the children to abandon their native they touch. I am sure that my colleagues join Mr. KOLTER in two instances. tongues and lose touch with their national her- me in honoring Legal Awareness of West- Mr. ASPIN. July 18, 1991 CONGRESSIONAL RECORD-HOUSE 18879 Mr. MCCLOSKEY. 1782. A letter from the Secretary of Labor, other purposes; to the Committee on Edu­ Mr. FALEOMAVAEGA. transmitting a letter of the administration's cation and Labor. Mr. LAFALCE. strong opposition to enactment of H.R. 5; By Mr. BERMAN (for himself, Mr. Mr. MAZZOLI. jointly, to the Committees on Education and LEWIS of California, Mr. BROWN, Mr. Labor, Public Works and Transportation, PANETTA, Mr. BOEHLERT, Mr. SABO, and Energy and Commerce. Mr. LEVINE of California, Mr. WISE, ADJOURNMENT 1783. A letter from the Fiscal Assistant Mr. TORRES, and Mr. GALLEGLY): Secretary, Department of the Treasury, H.R. 2944. A bill to further the development Mr. EMERSON. Mr. Speaker, I move transmitting a copy of the following annual of commercially viable advanced transpor­ that the House do now adjourn. reports which are contained in the enclosed tation systems and electric passenger vehi­ The motion was agreed to; accord­ winter issue, March 1991, of the "Treasury cles in the United States, and for other pur­ ingly (at 3 o'clock and 44 minutes Bulletin": Airport and Airway Trust Fund poses; to the Committee on Science, Space, p.m.), under its previous order, the (26 U.S.C. 9502), Asbestos Trust Fund (20 and Technology. House adjourned until Monday, July 22, U.S.C. 4014), Black Lung Disability Trust By Mr. BONIOR: 1991, at 12 noon. Fund (26 U .S.C. 9602), Harbor Maintenance H.R. 2945. A bill to amend title 5, United Trust Fund (26 U.S.C. 9505), Hazardous Sub­ States Code, to provide that, for purposes of stance Superfund (26 U.S.C. 9507), Highway a reduction in force affecting Federal civil­ Trust Fund (26 U.S.C. 9602), Inland Water­ ian employees, a military retiree shall not EXECUTIVE COMMUNICATIONS, ways Trust (26 U.S.C. 9506), Leaking Under­ be denied military perference on account of ETC. ground Storage Tank Trust Fund (26 U.S.C. having performed 20 or more years of active Under clause 2 of rule XX.IV, execu­ 9508), Nuclear Waste Trust Fund (42 U.S.C. service in the Armed Forces; to the Commit­ tive communications were taken from 1022(e)(l)), Reforestation Trust Fund (16 tee on Post Office and Civil Service. the Speaker's table and referred as fol­ U.S.C. 1606a(c)(l), Statement of Liabilities By Mr. CAMPBELL of California (for and Other Financial Commitments of the himself, Mr. JACOBS, Mr. CARDIN, Mr. lows: U.S. Government (31 U.S.C. 331(b)); jointly, COBLE, Mr. FEIGHAN, Mrs. MORELLA, 1773. A letter from the Secretary of the to the Committees on Public Works and Mr. RAMSTAD, Mr. SCHIFF, Mr. STAG­ Army, transmitting a copy of the annual re­ Transportation, Education and Labor, En­ GERS, and Mr. STEARNS): port of the U.S. Soldiers' and Airmen's Home ergy, and Commerce, Interior and Insular Af­ H.R. 2946. A bill to amend title I of the Om­ for fiscal year 1990, pursuant to 24 U.S.C. 59, fairs, Agriculture, and Ways and Means. nibus Crime Control and Safe Streets Act of 60; to the Committee on Armed Services. 1968 to encourage States to enact Police Offi­ 1774. A letter from the Secretary of the cers' Bills of Rights, to provide standards Navy, transmitting notification that a major REPORTS OF COMMITTEES ON and protections for the conduct of internal defense acquisition program has breached PUBLIC BILLS AND RESOLUTIONS police investigations, and for other purposes; the unit cost by more than 15 percent, pursu­ to the Committee on the Judiciary. ant to 10 U.S.C. 2431(b)(3)(A); to the Commit­ Under clause 2 of rule XIII, reports of By Mr. GEKAS: tee on Armed Services. committees were delivered to the Clerk H.R. 2947. A bill to amend the Family Vio­ 1775. A letter from the Secretary of Edu­ for printing and reference to the proper lence Prevention and Services Act to provide cation, transmitting a copy of final regula­ calendar, as follows: grants to States to fund State domestic vio­ tions-the State Vocational Rehabilitation lence coalitions, and for other purposes; to Services Program, pursuant to 20 U.S.C. Mr. ROSE: Committee on House Adminis­ tration. House Resolution 198. Resolution the Committee on Education and Labor. 1232(d)(l); to the Committee on Education By Mr. GRADISON: and Labor. providing for the maintenance and operation 1776. A letter from the Secretary of Edu­ of the House of Representatives Child Care H.R. 2948. A bill to amend the Internal Rev­ cation, transmitting a notice of final prior­ Center (Rept. 102-155). Referred to the House enue Code of 1986 to eliminate inequities and ity for fiscal year 1991-Special projects and Calendar. provide symmetry in certain foreign provi­ demonstrations for providing vocational re­ Mr. LEHMAN of Florida: Committee on sions, and for other purposes; to the Commit­ habilitation services to individuals with se­ Appropriations. H.R. 2942. A bill making ap­ tee on Ways and Means. vere handicaps, pursuant to 20 U.S.C. propriations for the Department of Trans­ By Mr. STARK: 1232(d)(l); to the Committee on Education portation and related agencies for the fiscal H.R. 2949. A bill to amend title XIX of the and Labor. year ending September 30, 1992, and for other Social Security Act to require coverage of 1777. A letter from the Chairman, the purposes (Rept. 102-156). Referred to the prescribed drugs under the Medicaid Pro­ Board of Foreign Scholarships, transmitting Committee of the Whole House on the State gram for qualified Medicare beneficiaries and the 27th annual report on the Fulbright Pro­ of the Union. qualified disabled and working individuals; gram, pursuant to 22 U.S.C. 2457; to the Cam­ to the Committee on Energy and Commerce. mi ttee on Foreign Affairs. By Mr. MINETA (for himself, Mr. RoE, 1778. A letter from the Acting Director, De­ PUBLIC BILLS AND RESOLUTIONS Mr. HAMMERSCHMIDT, and Mr. SHU­ fense Security Assistance Agency, transmit­ STER): Under clause 5 of rule X and clause 4 H.R. 2950. A bill to develop a national ting notification of the Department of the of rule XX.II, public bills and resolu­ Navy's proposed Letter(s) of Offer and Ac­ intermodal surface transportation system, to ceptance [LOA] to Italy for defense articles tions were introduced and severally re­ authorize funds for construction of high­ and services (Transmittal No. 91-39), pursu­ f erred as follows: ways, for highway safety programs, and for ant to 22 U.S.C. 2776(b); to the Committee on By Mr. VALENTINE (for himself, Mr. mass transit programs, and for other pur­ Foreign Affairs. LEWIS of Florida, Mr. BROWN, Mr. poses; to the Committee on Public Works 1779. A letter from the Assistant Secretary wALKER, Mr. TORRICELLI, Mr. TAN­ and Transportation. for Legislative Affairs, Department of State, NER, Mr. Rl'ITER, Mr. THORNTON, Mr. By Mr. KENNEDY: transmitting drafts of proposed amendments HENRY' Mr. BACCHUS, Mrs. MORELLA, H.R. 2951. A bill to prohibit the use of Fed­ to the Immigration and Nationality Act of Mr. ROEMER, Mr. ROHRABACHER, Mr. eral funds for syringes and needles that are 1952 as amended and the Immigration Act of SWETT, Mr. GILCHREST, and Ms. not nonreusable, and for other purposes; to 1990; to the Committee on the Judiciary. HORN): the Cammi ttee on Energy and Commerce. 1780. A letter from the Director, Office of H.R. 2941. A bill to authorize appropria­ By Mr. KLUG (for himself, Mr. JONTZ, Management and Budget, transmitting the tions to the Department of Transportation Mr. HORTON, Mrs. VUCANOVICH, Mr. fifth report on U.S. costs in the Persian Gulf for surface transportation research and de­ JOHNSTON of Florida, Mr. MARTINEZ, conflict and foreign contributions to offset velopment, and for other purposes; to the Mr. LEHMAN of Florida, Mr. ZELIFF, such costs, pursuant to Public Law 102-25, Committee on Science, Space, and Tech­ Mr. EVANS, and Mr. FROST): section 401 (105 Stat. 99); jointly, to the Com­ nology. H.R. 2952. A bill to amend the Higher Edu­ mittees on Armed Services and Foreign Af­ By Mr. LEHMAN of Florida: cation Act of 1965 to provide for the forgive­ fairs. H.R. 2942. A bill making appropriations for ness of Perkins loans for providers of early 1781. A letter from the Secretary, Depart­ the Department of Transportation and relat­ intervention services for individuals with ment of Health and Human Services, trans­ ed agencies for the fiscal year ending Sep­ disabilities; to the Committee on Education mitting the 1991 annual report on the Indian tember 30, 1992, and for other purposes. and Labor. Health Service [!HS] health facilities con­ By Mr. BALLENGER: By Mrs. LLOYD: struction priority system, pursuant to Pub­ H.R. 2943. A bill to require the Secretary of H.R. 2953. A bill to amend the Older Ameri­ lic Law 100-713, section 301 (102 Stat. 4813); Education to evaluate programs providing cans Act of 1965 to establish a housing om­ jointly, to the Committees on Energy and disadvantaged children with guaranties of budsman demonstration program; to the Commerce and Interior and Insular Affairs. postsecondary education assistance, and for Committee on Education and Labor. 18880 CONGRESSIONAL RECORD-HOUSE July 18, 1991 H.R. 2954. A bill to amend the Older Ameri­ Mr. LEHMAN of Florida, Mr. LEWIS of H.R. 1523: Mr. NUSSLE. cans Act of 1965 to establish a demonstration Georgia, Mr. LIVINGSTON, Ms. LONG, H.R. 1527: Mr. TRAXLER. program to provide supportive services in Mr. MCCLOSKEY, Mr. MCCOLLUM, Mr. H.R. 1598: Mr. McGRATH, Mr. BACCHUS, Mr. federally assisted housing; to the Committee MCDADE, Mr. MCDERMOTT, Mr. BROWN, Mr. FEIGHAN, Mr. ERDREICH, and Mr. on Education and Labor. MCGRATH, Mr. MCHUGH, Mr. BRYANT. By Mr. McGRATH: MCMILLEN of Maryland, Mr. MCNUL­ H.R. 1628: Mr. JOHNSTON of Florida, Mr. H.R. 2955. A bill to amend the Internal Rev­ TY, Mr. MARKEY, Mr. MARTIN, Mr. GEREN of Texas, Mr. WASHINGTON, Mr. enue Code of 1986 to expand the exception MARTINEZ, Mr. MAVROULES, Mrs. SARPALIUS, Mr. MCHUGH, Mr. LEWIS of Cali­ from Social Security taxes for elected offi­ MEYERS of Kansas, Mr. MFUME, Mrs. fornia, Mr. ORTIZ, Mr. LEWIS of Georgia, Mr. cials; to the Committee on Ways and Means. MORELLA, Mr. MURTHA, Mr. NEAL of GEKAS, and Mr. LAGOMARSINO. By Mr. MAZZOLI: Massachusetts, Mr. NEAL of North H.R. 1771: Mr. BROOMFIELD, Mrs. BYRON, H.R. 2956. A bill to amend title I of the Om­ Carolina, Ms. OAKAR, Mr. OWENS of Mr. CARDIN, Mr. FROST, and Mr. NUSSLE. nibus Crime Control and Safe Streets Act of New York, Mr. OWENS of Utah, Mr. H.R. 1864: Mr. SHUSTER, Mr. lNHOFE, Mr. 1968 to reduce the amount of non-Federal PALLONE, Mr. PANETTA, Mrs. PATTER­ LAGOMARSINO, and Mr. DOOLITTLE. funds required to be provided to obtain Fed­ SON, Mr. PAYNE of New Jersey, Ms. H.R. 1882: Mr. HEFNER and Mr. SKAGGS. eral funds under subpart 1 of part E of such PELOSI, Mr. PICKETT, Mr. PRICE, Mr. H.R. 1900: Mr. BUNNING and Mr. FAWELL. title; to the Committee on the Judiciary. PURSELL, Mr. QUILLEN, Mr. RANGEL, H.R. 2059: Mr. LEWIS of Georgia and Mr. By Mr. OBERSTAR (for himself and Mr. RAVENEL, Mr. RINALDO, Mr. ROB­ COSTELLO. Mr. DEFAZIO): ERTS, Mr. RoE, Mrs. ROUKEMA, Mr. H.R. 2115: Mr. ECKART. H.R. 2957. A bill to provide for the estab­ ROWLAND, Mr. RoYBAL, Mr. SAVAGE, H.R. 2141: Mr. LEHMAN of California, Mr. lishment of a national scenic byways pro­ Mr. SERRANO, Mr. SMITH of Florida, CARPER, Mr. ABERCROMBIE, Mr. MANTON, and gram; to the Committee on Public Works Mr. SOLOMON, Mr. SPENCE, Mr. Mrs. LoWEY of New York. and Transportation. SPRATT, Mr. STAGGERS, Mr. STEN­ H.R. 2199: Mr. MACHTLEY. By Mr. RHODES: HOLM, Mr. STUMP, Mr. TALLON, Mr. H.R. 2229: Mr. JONTZ, Mr. RoE, Mr. VOLK­ H.R. 2958. A bill to amend the Internal Rev­ TAUZIN, Mr. TRAFICANT, Mrs. MER, Mr. WEBER, Mr. AUCOIN, Mr. PERKINS, enue Code of 1986 to reduce the tax rate on UNSOELD, Mr. VALENTINE, Mr. WALSH, Mr. ESPY, Mr. DURBIN, Mr. BREWSTER, and capital gains; to the Committee on Ways and Mr. WAXMAN, Mr. WEBER, Mr. WEISS, Mr. NEAL of North Carolina. Means. Mr. WILSON, Mr. WOLF, Mr. WOLPE, H.R. 2230: Mr. JONTZ, Mr. RosE, Mr. VOLK­ By Mr. SKELTON: Mr. YATRON, and Mr. YOUNG of Alas­ MER, Mr. GILLMOR, Mr. WEBER, Mr. AUCOIN, H.R. 2959. A bill to improve crime and drug ka): Mr. PERKINS, Mr. ESPY, Mr. HERGER, Mr. control in rural areas, and for other pur­ H.J. Res. 309. Joint resolution designating SUNDQUIST, Mr. BREWSTER, Mr. CAMP, and poses; jointly, to the Committees on the Ju­ August 29, 1991, as "National Sarcoidosis Mr. NEAL of North Carolina. diciary and Energy and Commerce. Awareness Day"; to the Committee on Post H.R. 2378: Ms. SLAUGHTER of New York. By Mr. SYNAR (for himself, Mr. TAU­ Office and Civil Service. H.R. 2383: Mr. RoE and Mr. LAGOMARSINO. ZIN, Mr. BARTON of Texas, Mr. OWENS H.R. 2385: Mr. RAMSTAD, Mr. POSHARD, Mr. of Utah, and Mr. WISE): GUARINI, Mrs. BYRON, Mr. HUGHES, Mr. GING­ H.R. 2960. A bill to reduce the Nation's de­ ADDITIONAL SPONSORS RICH, Mr. QUILLEN, and Mr. WASHINGTON. pendence on imported oil by encouraging the H.R. 2447: Mr. GALLO, Mr. GILCHREST, Mr. production and use of domestic energy re­ Under clause 4 of rule :XXII, sponsors GILMAN, Mr. GINGRICH, Mr. GLICKMAN, Mr. sources, including natural gas, and for other were added to public bills and resolu­ HANCOCK, Mr. HERGER, Mr. HUNTER, Mr. KA­ purposes; jointly, to the Committees on En­ tions as follows: SICH, Mrs. KENNELLY. Mr. KOLBE, Mr. LEVINE ergy and Commerce, Science, Space, and H.R. 318: Mr. PAYNE of New Jersey. of California, Mr. LEWIS of California, Mr. Technology, Ways and Means, Public Works H.R. 335: Mr. PETRI. MARKEY, Mr. MARTIN, Mr. MILLER of Ohio, and Transportation, and Government Oper­ H.R. 394: Mr. SAWYER, Ms. DELAURO, and Mr. MONTGOMERY, Mr. MOODY, Mrs. ations. Mr. HOYER. MORELLA, Mr. MYERS of Indiana, Mr. NICH­ By Mr. TAUZIN: H.R. 423: Mr. MURPHY. OLS, Mr. NUSSLE, Mr. PACKARD, Mr. PERKINS, H.R. 2961. A bill providing for the estab­ H.R. 428: Ms. DAKAR and Mr. KILDEE. Mr. PETRI, Mr. RIDGE, Mr. RIGGS, Mr. RIT­ lishment of a permanent Lower Mississippi H.R. 467: Mrs. BENTLEY, Mr. JACOBS, and TER, Mr. SAXTON, Mr. SCHIFF, Mr. SHAYS, Mr. River Waterway Advisory Committee; to the Mr. CALLAHAN. SKAGGS, Ms. SNOWE, Mr. STEARNS, Mrs. Committee on Merchant Marine and Fish­ H.R. 474: Mr. HUTTO. VUCANOVICH, Mr. WALKER, Mr. WALSH, Mr. eries. H.R. 709: Mr. MILLER of Ohio. WILLIAMS, Mr. YOUNG of Florida, Mr. YOUNG By Mr. FOGLIETTA (for himself, Mr. H.R. 765: Mr. GEJDENSON, Mr. FORD of Ten­ of Alaska, Mr. HORTON, Mr. RoE, Mr. PORTER, BORSKI, Mr. WELDON, Mr. COUGHLIN, nessee, Ms. NORTON, Mr. BACCHUS, Mr. Mr. ESPY, Ms. NORTON, Mr. MOLLOHAN, Mr. Mr. ..:.NDREWS of New Jersey, Mr. ZELIFF, Mrs. JOHNSON of Connecticut, and EMERSON, Mr. HOBSON, Mr. JONES of North EVANS, and Mr. TALLON): Mr. MFUME. Carolina, Mr. VALENTINE, Mr. BUSTAMANTE, H.J. Res. 308. Joint resolution disapproving H.R. 791: Ms. NORTON. Mr; ENGLISH, Mr. JONES of Georgia, Mr. the recommendations of the Defense Base H.R. 827: Mr. JAMES and Mr. HAYES of Lou- YATES, Mr. MILLER of Washington, Mr. Closure and Realignment Commission; to the isiana. MFUME, Mr. PANETTA, Mr. REED, Mr. AUCOIN, Committee on Armed Services. H.R. 840: Mr. MORAN and Mr. FROST. Mr. BARTON of Texas, Mr. BERMAN, Mr. BLI­ By Mr. SLATTERY (for himself, Mr. H.R. 919: Mr. PETRI. LEY, Mr. BOEHNER, Mr. BROOMFIELD, Mrs. ACKERMAN, Mr. ALEXANDER, Mr. H.R. 1025: Mr. EMERSON, Mr. LEHMAN of BYRON, Mr. CARPER, Mr. CHANDLER, Mr. ASPIN, Mr. BARNARD, Mr. BATEMAN, Florida, and Mr. LEWIS of California. CHAPMAN. Mr. CLAY. Mr. DANNEMEYER, Mr. Mr. BENNETT, Mr. BEVILL, Mr. H.R. 1048: Mr. EVANS. DELAY, Mr. DORNAN of California, Mr. DUN­ BILBRAY, Mr. BILffiAKIS, Mr. BLILEY. H.R. 1063: Mr. DYMALLY and Mr. FAZIO. CAN, Mr. DURBIN, Mr. EDWARDS of Oklahoma, Mr. BONIOR, Mr. BORSKI, Mrs. BOXER, H.R. 1110: Mr. PAYNE of Virginia and Mrs. Mr. FAWELL, Mr. FIELDS, Mr. FORD of Michi­ Mr. BROOKS, Mr. BUSTAMANTE, Mr. COLLINS of Illinois. gan, and Mr. GALLEGLY. CALLAHAN, Mr. CARR, Mr. CARPER, H.R. 1133: Mr. RITTER and Mr. SHAYS. H.R. 2452: Mr. ZELIFF and Mr. BRYANT. Mr. CHAPMAN, Mr. CLEMENT, Mr. CON­ H.R. 1147: Mr. MOODY, Mr. VENTO, Mr. H.R. 2566: Mr. MORAN, Ms. KAPTUR, Mr. YERS, Mr. COOPER, Mr. COUGHLIN, Mr. SMITH of Florida, Mr. MORRISON, Mr. GEREN WHEAT, Mr. SLAUGHTER of Virginia, Mr. DAVIS, Mr. DELLUMS, Mr. DWYER of of Texas, Mr. JOHNSON of Texas, and Mr. WOLF, Mr. GINGRICH, and Mr. MCMILLAN of New Jersey, Mr. ECKART, Mr. EMER­ STEARNS. North Carolina. SON, Mr. ERDREICH, Mr. ESPY, Mr. H.R. 1245: Mr. NOWAK, Mr. CUNNINGHAM, Mr. H.R. 2598: Mr. GALLEGLY, Mr. FAWELL, and FALEOMAVAEGA, Mr. FAZIO, Mr. FISH, SWETT, Mr. GEREN of Texas, Mr. FOGLIETTA, Mr. ZELIFF. Mr. FORD of Tennessee, Mr. FROST, Mr. HOCHBRUECKNER, Mrs. COLLINS of Illi­ H.R. 2603: Mr. LAGOMARSINO. Mr. GEREN of Texas, Mr. GoODLING, nois, Mr. SANTORUM, Mr. MOAKLEY, Mr. KOL­ H.R. 2623: Mr. FROST, Mr. JEFFERSON, Mr. Mr. GoRDON, Mr. GRANDY, Mr. GUAR­ TER, Mr. MA VROULES, Mr. OLIN. Mr. PETER­ WALSH, Mr. LAGOMARSINO, Mr. WASHINGTON, INI, Mr. HARRIS, Mr. HATCHER, Mr. SON of Minnesota, and Mr. HALL of Ohio. Mr. MFUME, and Mr. LEWIS of Georgia. HAYES of Illinois, Mr. HAYES of Lou­ H.R. 1363: Mr. LAGOMARSINO and Mr. RIGGS. H.R. 2661: Mr. ECKART, Mr. DIXON, and Mr. isiana, Mr. HEFNER, Mr. H.R. 1406: Mr. BLAZ, Mr. TAYLOR of Mis- WISE. HOCHBRUECKNER, Mr. HORTON, Mr. sissippi, and Mr. LANCASTER. H.R. 2672: Mr. DORNAN of California, Mr. HUBBARD, Mr. JACOBS, Mr. JOHNSON of H.R. 1466: Mr. JOHNSON of South Dakota. HUBBARD, Mrs. MORELLA, Mr. MINETA, Mr. South Dakota, Mr. KASICH, Mr. KOL­ H.R. 1473: Mr. EVANS and Mr. ANDERSON. HUTTO, Mr. RAHALL, Mr. RITTER, Mr. LIVING­ TER, Mr. LAGOMARSINO, Mr. LAN­ H.R. 1515: Mr. KILDEE, Mr. SCHIFF, Mr. SEN- STON, Mr. BUNNING, Mr. DELAY, Mr. Cox of CASTER, Mr. LANTOS, Mr. LAUGHLIN, SENBRENNER, Mr. SOLARZ, and Mr. PACKARD. California, Mr. VOLKMER, Mr. ZELIFF, Mr. July 18, 1991 CONGRESSIONAL RECORD-HOUSE 18881 ORTIZ, Mr. NOWAK, Mr. HAMMERSCHMIDT, Mr. H.R. 2874: Mr. WYDEN, Mr. CUNNINGHAM, GARZA, Mr. ESPY, Mr. FALEOMAVAEGA, Mr. BENNETT, Mr. SKEEN, Mr. THOMAS of Georgia, Mr. CARDIN, Ms. DELAURO, Mr. WISE, Mr. GRANDY, Mr. GUARINI, Mr. HORTON, Mrs. KEN­ Mr. HARRIS, Mr. TORRICELLI, Mr. KANJORSKI, FASCELL, Mr. SCHEUER, Mr. BURTON of Indi­ NELLY, Mr. LENT, Mr. MFUME, Mrs. MORELLA, Mr. LEWIS of California, Mr. BROOMFIELD, ana, Mr. SMITH of Florida, and Mr. OWENS of Mr. TALLON, Mr. TORRICELLI, Mr. TOWNS, Mr. Mr. MONTGOMERY, Mr. MORRISON, Mr. GEKAS, Utah. TRAXLER, Mr. WALSH, Mr. MCDERMOTT, Mr. Mr. UPTON, Mr. BORSKI, and Mr. EWING. H.R. 2879: Mr. GRANDY and Mr. WEBER. SMITH of Florida, Mr. CLEMENT, Mr. FUSTER, H.R. 2695: Mr. WYLIE, Mr. HORTON, Mr. H.J. Res. 57: Mr. MILLER of California and Mr. ANNUNZIO, Mr. MOORHEAD, Mr. PORTER, MARLENEE, Mr. HARRIS, Mr. ACKERMAN, Ms. Mr. PACKARD. Mr. HAMMERSCHMIDT, Mr. GREEN of New KAPTUR, Mr. STUMP, Mr. RoBERTS, Mr. H.J. Res. 142: Mr. SCHEUER, Mr. PETERSON York, Mr. PAYNE of New Jersey, Mr. DWYER BRUCE, Mr. WILSON, Mr. LIVINGSTON, Ms. of Florida, Mr. HOCHBRUECKNER, Mr. BLILEY, of New Jersey, Mr. ERDREICH, Mr. HARRIS, SLAUGHTER of New York, Mr. HAMMER­ Mr. WYLIE, Mr. WOLF, Mr. v ALENTINE, Mr. DE Mr. FROST, Mr. OWENS of Utah, Mr. MAR­ SCHMIDT, Mr. MCGRATH, Mr. JACOBS, Mrs. LUGO, Mr. DURBIN, Mr. HAYES of Louisiana, TINEZ, Mr. MARTIN, and Ms. PELOSI. ROUKEMA, Mr. OXLEY, Mr. COMBEST, Mr. Mr. DIXON, Mr. MCGRATH, Mr. MINETA, Mr. H. Con. Res. Mr. MILLER of Ohio. MFUME, Mr. IRELAND, Mr. ZIMMER, Mr. SMITH ESPY, Mr. FROST, Mr. HUBBARD, Mr. GALLO, 87: of Florida, Mr. PALLONE, Mr. MCCANDLESS, and Mr. YATRON. H. Con. Res. 145: Mr. SOLARZ, Mr. WYDEN, Mr. HATCHER, Mr. HEFNER, Mr. BARNARD, Mr. H.J. Res. 166: Mr. BARRETT, Mr. BRYANT, and Mr. STARK. ROGERS, Mr. WEBER, Mr. KLECZKA, Mr. OLIN, Mr. BORSKI, Mr. BUSTAMANTE, Mr. DONNELLY, H. Con. Res. 168: Mr. PAYNE of Virginia, Mr. GILLMOR, Mr. LANCASTER, Mr. GUNDER­ Mr. EMERSON, Mr. HASTERT, Mr. HUGHES, Mr. Mr. TORRES, Mr. AUCOIN, Mr. YATES, Mr. SON, Mr. VANDER JAGT, Ms. PELOSI, Mr. HYDE, Mr. LANCASTER, Mr. LEWIS of Florida, LANCASTER, Mr. MORRISON, Mr. UPTON, and FROST, Mr. WHEAT, Mr. MCEWEN, Mr. JOHN­ Mr. MARTIN, Mr. MCDADE, Mr. MOODY, Mr. Mr. KOSTMAYER. SON of South Dakota, Mr. PICKETT, Mr. BAC­ OWENS of New York. Mr. RAMSTAD, Mr. H. Con. Res. 171: Mr. MCGRATH, Mrs. LOWEY CHUS, Mr. BOUCHER, Mr. GoRDON, Mr. MCCUR­ SHAW, Mr. SMITH of New Jersey, Mr. TRAFI­ of New York, Mr. HOYER, Mrs. BOXER, Mr. DY, Mr. LAGOMARSINO, Mr. SKELTON, Mr. CANT, and Mr. WOLF. GREEN of New York, Mr. HUGHES, Mr. HUTTO, and Mr. SPENCE. H.J. Res. 252: Mr. LIVINGSTON, Mr. GILMAN, GALLEGLY, Mr. WYDEN, Mr. WALSH, Mr. POR­ H.R. 2755: Mr. ECKART, Mrs. LOWEY of New Mr. GoODLING, Mr. HENRY, Mr. RAMSTAD, Mr. TER, Mr. CARDIN, and Mr. LANTOS. York. Mr. HUGHES, Mr. LANCASTER, and Mr. WHEAT, Mr. PORTER, Mr. LEVINE of Califor­ H. Res. 107: Mr. Owens of Utah, and Mr. SERRANO. nia, Mr. HAMILTON, Mr. BERMAN, Mr. SKEL­ COSTELLO. H.R. 2797: Mr. BATEMAN, Mr. BORSKI, Mr. TON, Mr. VOLKMER, Mr. EMERSON, and Mr. H. Res. 140: Mr. BILBRAY, Mr. FROST, and EVANS, Mr. FUSTER, Mr. GEJDENSON, Mr. SANDERS. KOSTMAYER, Mr. LANTOS, Mr. LEVINE of Cali­ H.J. Res. 274: Mr. BEILENSON, Mr. BERMAN, Mr. SMITH of Florida. fornia, Mrs. LOWEY of New York, Mr. Mr. EDWARDS of California, Mr. EVANS, Mr. H. Res. 155: Mr. POSHARD and Mr. MACHTLEY, Mr. MILLER of Washington, Mr. LEWIS of California, Mr. MCDERMOTT, Mr. BUSTAMANTE. PEASE, Mr. RAVENEL, Mr. RoYBAL, Mrs. MATSUI, and Mr. TORRES. SCHROEDER, Mr. SCHUMER, Mr. SLATTERY, Ms. H.J. Res. 284: Mr. FAZIO, Mr. HORTON, Mr. SLAUGHTER of New York, Mr. SMITH of Flor­ FROST, Mr. EVANS, Mr. FRANK of Massachu­ DELETIONS OF SPONSORS FROM ida, Mr. SPRATT, Mr. STARK, Mr. WYDEN, setts, Mr. ANTHONY, Mr. FEIGHAN, Mr. COYNE, Mrs. UNSOELD, and Mr. ZIMMER. Mr. STUDDS, and Mr. DEFAZIO. PUBLIC BILLS AND RESOLUTIONS H.R. 2812: Mr. WELDON, Mr. ACKERMAN, Mr. H.J. Res. 294: Mr. EMERSON, Mr. LAN­ Under clause 4 of rule XXII, sponsors SCHAEFER, and Mr. MFUME. CASTER, and Mr. HUTTO. were deleted from public bills and reso- H.R. 2863: Mr. Goss. H.J. Res. 298: Mr. ANDREWS of New ~Tersey. H.R. 2871: Mr. EVANS, Mr. MCCLOSKEY, Mr. H.J. Res. 303: Mr. BAKER, Mr. BENNETT, Mr. 1u tions as follows: RITTER, Mr. HANSEN, and Mr. ROWLAND. BLILEY, Mr. COUGHLIN, Mr. DAVIS, Mr. DE LA H.R. 997: Mr. DYMALLY.