Proceedings, Debates of the U.S. Congress
June 22, 1995
104th Congress, 1st Session
Issue: Vol. 141, No. 103 — Daily Edition
Entire Issue (PDF)
Daily Digest Section (PDF)
Thursday, June 22, 1995
- Senate passed National Highway System Designation Act.
Measures Reported: Reports were made as follows:
S. 457, to amend the Immigration and Nationality Act to update references in the classification of children for purposes of United States immigration laws.
National Highway System Designation Act: Senate passed S. 440, to amend title 23, United States Code, to provide for the designation of the National Highway System, after agreeing to a modified committee amendment in the nature of a substitute, and taking action on amendments proposed thereto, as follows:
Pages S8849–55, S8875–85, S8924–35
(1) Exon Amendment No. 1462, to increase safety at railroad-highway grade crossings.
(2) Chafee (for Smith/Gregg) Amendment No. 1464, to establish that New Hampshire shall be deemed as having met the safety belt use law requirements at a rate of not less than 50 percent.
Pages S8875–76, S8885
Subsequently, the amendment was modified.
(3) Warner/Chafee/Baucus Amendment No. 1465, to make technical changes and modifications.
(4) Nickles Amendment No. 1466, to permit States to use assistance provided under the Mass Transit Account of the Highway Trust Fund for capital improvements to, and operating support for, intercity passenger rail service.
(5) Stevens/Murkowski Amendment No. 1467, to restrict the Department of the Interior from finalizing a rule with respect to Revised Statute 2477 until December 1, 1995, regarding the right-of-way for the construction of highways over public lands.
Exon Amendment No. 1463, to establish that any federal regulatory standard for single trailer length issued pursuant to negotiations authorized under the North American Free Trade Agreement shall not exceed fifty-three feet.
Pages S8853–54, S8877
Peace in South China Sea: Senate agreed to S. Res. 97, expressing the sense of the Senate with respect to peace and stability in the South China Sea, after agreeing to committee amendments.
Private Securities Litigation Reform Act: Senate began consideration of S. 240, to amend the Securities Exchange Act of 1934 to establish a filing deadline and to provide certain safeguards to ensure that the interests of investors are well protected under the implied private action provisions of the Act, with a committee amendment in the nature of a substitute.
Pages S8885–S8924, S8935–43
During consideration of this measure today, the Senate took the following action:
By 69 yeas to 19 nays, 1 responding present (Vote No. 281), Senate tabled a motion to commit the bill to the Committee on the Judiciary.
Senate will resume consideration of the bill and amendments to be proposed thereto, on Friday, June 23.
Message From the President: Senate received the following message from the President of the United States:
Transmitting notice of the termination of the suspension of licenses for the export of cryptographic items to the People's Republic of China; referred to the Committee on Foreign Relations. (PM–57).
Nomination Considered: By 57 yeas to 43 nays (Vote No. 280), three-fifths of those Senators duly chosen and sworn not having voted in the affirmative, Senate failed to close further debate on the nomination of Henry W. Foster, Jr., of Tennessee, to be Medical Director in the Regular Corps of the Public Health Service, subject to qualifications therefore as provided by law and regulations, and to be Surgeon General of the Public Health Service.
Subsequently, the nomination was returned to the Executive Calendar.
Nominations Confirmed: Senate confirmed the following nominations:
1 Air Force nomination in the rank of general.
30 Army nominations in the rank of general.
3 Marine Corps nominations in the rank of general.
25 Navy nominations in the rank of admiral.
Nominations Received: Senate received the following nominations: Tena Campbell, of Utah, to be United States District Judge for the District of Utah.
Nomination Withdrawn: Senate received notification of the withdrawal of the following nomination:
Lt. Gen. George R. Christmas, USMC, to be Lieutenant General, which was received by the Senate on May 15, 1995.
Messages From the President:
Executive Reports of Committees:
Statements on Introduced Bills:
Notices of Hearings:
Authority for Committees:
Recess: Senate convened at 9 a.m., and recessed at 10:34 p.m., until 9 a.m., on Friday, June 23, 1995. (For Senate's program, see the remarks of the Acting Majority Leader in today's Record on page S8962.)
LIVESTOCK GRAZING ACT
Committee on Energy and Natural Resources: Subcommittee on Forests and Public Land Management concluded hearings on S. 852, to provide for uniform management of livestock grazing on Federal land, after receiving testimony from Mike Dombeck, Acting Director, Bureau of Land Management, Department of the Interior; Jack Ward Thomas, Chief, Forest Service, and Floyd P. Horn, Deputy Under Secretary for Research, Education and Economics, both of the Department of Agriculture; Truman Julian, Julian Land and Livestock Company, Kemmerer, Wyoming, on behalf of the Public Lands Council; Joseph M. Feller, Arizona State University, Tempe; Dexter Perkins, University of North Dakota, Grand Forks, on behalf of the Sierra Club (Dacotah Chapter); John M. Fowler, New Mexico State University, and Frank A. Dubois, on behalf of the National Association of State Departments of Agriculture, both of Las Cruces, New Mexico; Ken Spann, Englewood, Colorado, on behalf of the National Cattlemen's Association; Brad Little, Emmett, Idaho, on behalf of the American Sheep Industry Association; Keith Winter, Cartwright, North Dakota, on behalf of the Association of National Grasslands; Tim Lowry, Jordan Valley, Oregon, on behalf of the Owyhee Cattlemen's Association; Bud Eppers, New Mexico Public Lands Council, Roswell; Jeff Menges, Morenci, Arizona, on behalf of the Arizona Cattle Grower's Association; Niels Hansen, Rawlins, Wyoming, on behalf of the Stock Growers Association, the Wyoming Wool Growers Association, and the Wyoming Farm Bureau Federation; Jack Madsen, Gunnison, Utah, on behalf of the Utah Farm Bureau and the American Farm Bureau Federation; Walt Collins, Ft. Peck, Montana, on behalf of the Montana Public Lands Council; Kinn Kincannon, Ketchum, Idaho, on behalf of the Idaho Conservation League; Elsie Dupree, Carson City, Nevada, on behalf of the Nevada Wildlife Federation, Inc.; and Richard Kroger, Bismarck, North Dakota, on behalf of The Wildlife Society (North Dakota Chapter).
Committee on Environment and Public Works: Subcommittee on Drinking Water, Fisheries, and Wildlife held oversight hearings on the National Marine Fisheries Service's policy on spills at Columbia River hydropower dams, gas bubble trauma in threatened and endangered salmon, and the scientific method used under the Endangered Species Act, receiving testimony from William Stelle Jr., Director, Northwest Region, National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Department of Commerce; Col. Bartholomew B. Bohn, USA, Deputy Commander, North Pacific Division, U.S. Army Corps of Engineers; Edward C. Bowles, Idaho Department of Fish and Game, Boise; Larry E. Fidler, Aspen Applied Sciences Ltd., Cranbrook, B.C. Canada; Margaret J. Filardo, Fish Passage Center, Portland, Oregon; Phillip R. Mundy, Fisheries and Aquatic Sciences, Lake Oswego, Oregon; James Anderson, University of Washington, and Wesley J. Ebel, both of Seattle, Washington; and Gerald R. Bouck, Tualatin, Oregon.
Hearings were recessed subject to call.
Committee on the Judiciary: Committee ordered favorably reported the following business items:
S.J. Res. 27, to grant the consent of the Congress to certain additional powers conferred upon the Bi-State Development Agency by the States of Missouri and Illinois,
S. 457, to amend the Immigration and Nationality Act to update references in the classification of children for purposes of United States immigration laws; and
The nominations of Carlos F. Lucero, of Colorado, to be United States Circuit Judge for the Tenth Circuit, Peter C. Economus and Donald C. Nugent, each to be a United States District Judge for the Northern District of Ohio, Wiley Y. Daniel, to be United States District Judge for the District of Colorado, Nancy Friedman Atlas, to be United States District Judge for the Southern District of Texas, Andrew Fois, of New York, to be an Assistant Attorney General, Department of Justice, and Terrence B. Adamson, of Washington, D.C., and Janie L. Shores, of Alabama, each to be a Member of the Board of Directors of the State Justice Institute.
Committee on Labor and Human Resources: Committee concluded oversight hearings on activities of the Occupational Safety and Health Administration (OSHA), focusing on proposals to reform OSHA regulations to improve workplace safety, including related measures S. 526 and S. 592, after receiving testimony from Senator Judd Gregg; Joseph A. Dear, Assistant Secretary of Labor for Occupational Safety and Health; William Steinmetz Jr., Midland Engineering Company, South Bend, Indiana, on behalf of the National Roofing Contractors Association; David A. Whiston, Vienna, Virginia, on behalf of the American Dental Association; and Michael Wright, United Steel Workers of America, Pittsburgh, Pennsylvania.
House of Representatives
Reports Filed: Reports were filed as follows:
H.J. Res. 79, proposing an amendment to the Constitution of the United States authorizing the Congress and the States to prohibit the physical desecration of the flag of the United States (H. Rept. 104–151);
Report entitled ``A Citizen's Guide on Using the Freedom of Information Act and the Privacy Act of 1974 to Request Government Records'' (H. Rept. 104–156);
H.R. 1062, to enhance competition in the financial services industry by providing a prudential framework for the affiliation of banks, securities firms, and other financial services providers, amended (H. Rept. 104–127, Part III); and
Committees to Sit: By a yea-and-nay vote of 232 yeas to 187 nays, Roll No. 409, agreed to the Armey motion that all committees and subcommittees of the House be permitted to sit for the remainder of the week while the House is meeting in the Committee of the Whole House under the five-minute rule.
Legislative Branch Appropriations: By a yea-and-nay vote of 337 yeas to 87 nays, Roll No. 417, the House passed H.R. 1854, making appropriations for the Legislative Branch for the fiscal year ending September 30, 1996.
The Fazio amendment, as amended by the Houghton substitute, that reduces the appropriation for the Library of Congress by $15 million and increases the appropriation for the Congressional Research Service by $15 million (agreed to by a recorded vote of 220 ayes to 204 noes, Roll No. 410). Earlier, agreed to vacate the proceedings of the Committee of the Whole on Roll Call No. 405 taken on Wednesday, June 21, on this amendment;
Pages H6205, H6213–14
The Clinger amendment that strikes the $1.17 million appropriation for the Library of Congress' American Folklife Center (which has not been authorized) and provides an extra $1.1 million to the Congressional Budget Office to fund the Office's additional responsibilities under the Unfunded Mandates Reform Act (agreed to by a recorded vote of 260 ayes to 159 noes, Roll No. 411);
The Klug amendment that reduces by 350 the number of full-time equivalent positions in the Government Printing Office, thereby reducing to 3,550 the number of full-time equivalent positions at the GPO (agreed to by a recorded vote of 293 ayes to 129 noes, Roll No. 413); and
Pages H6220–22, H6226–27
The Zimmer amendment that permits Members to return unspent portions of their Members' Representational Allowances, which includes their clerk-hire, official mail, and office expense allowances, to the Treasury to be used for deficit reduction (agreed to by a recorded vote of 403 ayes to 21 noes, Roll No. 415)
Pages H6223–25, H6227–28
The Orton amendment that sought to eliminate the $7 million appropriation for the renovation of the Botanic Garden, and increases by $7 million the appropriation for Federal depository library program in the Office of Superintendent of Documents account (rejected by a recorded vote of 104 ayes to 321 noes, Roll No. 412); and
Pages H6217–20, H6225–26
The Christensen amendment that sought to prohibit the use of funds to pay for the salaries of expenses of any elevator operator in the House Office Buildings (rejected by a recorded vote of 177 ayes to 246 noes, Roll No. 414)
Pages H6222–23, H6227
A point of order was sustained against the Miller of California motion to recommit the bill to the Committee on Appropriations with instructions to report back the same forthwith containing an amendment prohibiting Members and staffs to accept gifts from paid or unpaid lobbyists.
Foreign Operations Appropriations: House completed all general debate on H.R. 1868, making appropriations for foreign operations, export financing, and related programs for the fiscal year ending September 30, 1996. Consideration of amendments will begin on Tuesday, June 27.
H. Res. 170, the rule under which the bill is being considered, was agreed to by a recorded vote of 217 ayes and 175 noes, Roll No. 419. Earlier, agreed to order the previous question on the resolution by a yea-and-nay vote of 221 yeas to 178 nays, Roll No. 418.
Calendar Wednesday: Agreed to dispense with Calendar Wednesday business on June 28.
Presidential Message--Export Licenses Termination: Read a message from the President wherein he transmits his report to Congress that it is in the national interest to terminate the suspension with respect to the issuance of licenses for the export to the People's Republic of China of United States Munitions List articles--referred to the Committee on International Relations and ordered printed (H. Doc. 104–87).
Quorum Calls--Votes: Four yea-and-nay votes and eight recorded votes developed during the proceedings of the House today and appear on pages H6203–04, H6212–13, H6214, H6217, H6225–26, H6226–27, H6227, H6228, H6231–32, H6232, H6241, and H6241–42. There were no quorum calls.
Adjournment: Met at 10 a.m. and adjourned at 7:41 p.m.
AGRICULTURE AND INTERIOR APPROPRIATIONS
Committee on Appropriations: Began markup of the following appropriations for fiscal year 1996: Agriculture and Interior.
Will continue June 27.
FINANCIAL INSTITUTIONS REGULATORY RELIEF ACT
Committee on Banking and Financial Services: Continued markup of H.R. 1362, Financial Institutions Regulatory Relief Act of 1995.
Will continue June 27.
Committee on Commerce: Subcommittee on Commerce, Trade, and Hazardous Materials continued hearings on the reauthorization of the Superfund program. Testimony was heard from Chad Macintosh, Environmental Project Coordinator, Office of the Governor, State of Michigan; and public witnesses.
TRANSFORMATION OF THE MEDICAID PROGRAM
Committee on Commerce: Subcommittee on Health and Environment continued hearing on the Transformation of the Medicaid Program. Testimony was heard from Sally Richardson, Director, Medicaid Bureau, Health Care Financing Administration, Department of Health and Human Services; William Scanlon, Associate Director, Health Care Financing and Policy, GAO; Kevin Piper, Director, Health Care Financing, Department of Health and Human Services, State of Wisconsin; Barbara Mantula, Director, Division of Medical Assistance, Department of Human Resources, State of North Carolina; John Rodriquez, Deputy Director, Medical Care Services, State of California; Arnold Tompkins, Director, Department of Human Services, State of Ohio; Rod Betit, Executive Director, Department of Public Health, Department of Human Services, State of Utah; Don Herman, Administrator, Division of Medical Services, Department of Human Services, State of Iowa; and public witnesses.
Hearings continue June 28.
Committee on Economic and Educational Opportunities: Ordered reported the following bills: H.R. 743, amended, Teamwork for Employees and Managers Act; and H.R. 1715, respecting the relationship between workers' compensation benefits and the benefits available under the Migrant and Seasonal Agricultural Worker Protection Act.
ADMINISTRATION AIDS TRAINING PROGRAM
Committee on Government Reform and Oversight: Subcommittee on Civil Service held a hearing on the Administration Aids Training Program. Testimony was heard from Representative Dornan; Thomas McFee, Assistant Secretary, Personnel Administration, Department of Health and Human Services; Corlis S. Moody, Director, Office of Economic Impact and Diversity, Department of Energy; Wardell C. Townsend, Jr., Assistant Secretary, Administration, USDA; and public witnesses.
Committee on Government Reform and Oversight: Subcommittee on Human Resources and Intergovernmental Relations held an oversight hearing on Delays in the FDA's Food Additive Petitions and GRAS Affirmation Process. Testimony was heard from Linda Suydam, Acting Deputy Commissioner, Operations, FDA, Department of Health and Human Services; and public witnesses.
Hearings continue June 29.
COERCIVE POPULATION CONTROL IN CHINA
Committee on International Relations: Subcommittee on International Relations and Human Rights held a hearing on Coercive Population Control in China. Testimony was heard from public witnesses.
COMBATTING CRIME IN D.C.
Committee on Judiciary: Subcommittee on Crime held a hearing regarding ``Combating Crime in the District of Columbia.'' Testimony was heard from Eric Holder, U.S. District Attorney, Office of the U.S. Attorney, Department of Justice; Robert Langston, Chief of Police, U.S. Park Police, Department of Interior; the following officials of the District of Columbia: Fred Thomas, Chief of Police; Eugene Hamilton, Chief Judge; and Reggie Walton, Associate Judge, both with Superior Court; Harold Brazil; and Kevin Chavous, both Council members; Issac Fulwood, former Chief of Police; and public witnesses.
Committee on Resources: Subcommittee on Energy and Mineral Resources held a hearing on the following bills: H.R. 846, Helium Act of 1995; H.R. 873, Helium Privatization Act of 1995; and S. 898, to amend the Helium Act to cease operation of the government helium refinery, authority facility and crude helium disposal, and cancel the helium debt. Testimony was heard from Representative Cox of California; Rhea Graham, Director, U.S. Bureau of Mines, Department of the Interior; Bryan O'Connor, Deputy Associate Administrator, Office of Space Flight, NASA; and public witnesses.
Committee on Resources: Subcommittee on Fisheries, Wildlife and Oceans held an oversight hearing to examine provisions of the International Dolphin Conservation Act (P.L. 102–523). Testimony was heard from Ambassador David Colson, Deputy Assistant Secretary, Department of State; and public witnesses.
ENERGY AND WATER APPROPRIATIONS
Committee on Rules: Granted an open rule providing one hour of general debate on H.R. 1905, making appropriations for energy and water development for the fiscal year ending September 30, 1996. The rule provides for the reading of the bill by title for amendment, with each title considered as read. The rule waives clause 2 (prohibiting unauthorized appropriations and legislative provisions) and clause 6 (prohibiting reappropriations) of rule XXI against provisions of the bill except as otherwise specified in the rule. The rule first makes in order an amendment by Rep. Shuster (PA) printed in the report of the Committee on Rules accompanying the rule. The amendment shall be considered as read, shall be debatable for 10-minutes, equally divided between the proponent and an opponent. The amendment is not subject to amendment or to a demand for a division of the question in the House or in the Committee of the Whole. All points of order are waived against the amendment. If adopted, the amendment shall be considered as original text for the purpose of further amendment under the five-minute rule. The rule authorizes the Chair to accord priority in recognition to Members who have preprinted their amendments in the Congressional Record. Finally, the rule provides one motion to recommit, with or without instructions.
Testimony was heard from Representatives Myers of Indiana, Bevill, Klug, Foley, Traficant, Brewster, and Harman.
Committee on Science: Ordered reported amended H.R. 1816, Department of Energy Civilian Research and Development Act of 1995.
EXPORT OPPORTUNITIES FOR SMALL BUSINESSES
Committee on Small Business: Subcommittee on Procurement, Exports and Business Opportunities continue hearings on the appropriate role and the effectiveness of various federal government programs in helping small businesses find export opportunities around the world. Testimony was heard from Representative Mica; and public witnesses.
Hearings continue June 28.
CAPITOL VISITOR CENTER AUTHORIZATION ACT
Committee on Transportation and Infrastructure: Subcommittee on Public Buildings and Economic Development held a hearing on H.R. 1230, Capitol Visitor Center Authorization Act of 1995. Testimony was heard from Representative Mica; George White, Architect of the Capitol; Wilson Livingood, Sergeant at Arms, House of Representatives; Winston Tabb, Associate Librarian, Library of Congress; and a public witness.
Committee on Transportation and Infrastructure: Subcommittee on Water Resources and Environment continued hearings on the reauthorization and reform of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (Superfund). Testimony was heard from Representatives Zeliff and Johnson of Connecticut; Lawrence J. Dyckman, Associate Director, Environmental Protection Issues, Resources, Community, and Economic Development Division, GAO; Jan Paul Acton, Assistant Director, Natural Resources and Commerce Division, CBO; and public witnesses.
Hearings continue June 27.
Committee on Veterans' Affairs: Subcommittee on Compensation, Pension, Insurance and Memorial Affairs held an oversight hearing on the Veterans' Benefits Administration's computer modernization. Testimony was heard from Frank W. Reilly, Director, Information Resources Management/Health, Education, and Human Services Accounting and Information Management Division, GAO; and Raymond Avent, Deputy Under Secretary, Benefits, Department of Veterans' Affairs.
COAL INDUSTRY RETIREE HEALTH BENEFIT ACT
Committee on Ways and Means: Subcommittee on Oversight held a hearing on Coal Industry Retiree Health Benefit Act of 1992. Testimony was heard from the following officials of the Department of the Treasury: Michael Thornton, Deputy Tax Legislative Counsel; and Phil Brand, Chief Compliance Officer, IRS; Lawrence H. Thompson, Principal Deputy Commissioner, SSA; and public witnesses.
Joint Economic Committee: Committee concluded hearings to examine the President's proposed 10-year budget plan on the economy, after receiving testimony from Alice M. Rivlin, Director, Office of Management and Budget; and June E. O'Neill, Director, Congressional Budget Office.
INDIAN GAMING REGULATIONS
Joint Hearing: Senate Committee on Indian Affairs concluded joint hearings with the House Committee on Resources' Subcommittee on Native American and Insular Affairs on S. 487, to establish a Federal Indian Gaming Regulatory Commission to regulate Indian gaming operations and standards, after receiving testimony from Representatives Solomon and Torricelli; Kevin V. DiGregory, Deputy Assistant Attorney General, Criminal Division, Department of Justice; John J. Duffy, Counselor to the Secretary of the Interior; New Mexico Governor Gary E. Johnson, Santa Fe; Harold A. Monteau and Richard G. Hill, both of the National Indian Gaming Commission, Washington, D.C.; and gaiashkibos, Lac Courte Oreilles Band of Ojibwa Indians, Hayward, Wisconsin, on behalf of the National Congress of American Indians.
Conferees agreed to file a conference report on the differences between the Senate- and House-passed versions of H.R. 483, to extend the Medicare Select demonstration program for three years and expand it to all 50 States.
S. 349, to reauthorize appropriations for the Navajo-Hopi Relocation Housing Program. Signed June 21, 1995. (P.L. 104–15)
S. 441, to reauthorize appropriations for certain programs under the Indian Child Protection and Family Violence Prevention Act. Signed June 21, 1995. (P.L. 104–16)
Committee on Labor and Human Resources, to hold hearings to examine issues relating to the Legal Services Corporation, 9:30 a.m., SD–430.
No committee meetings are scheduled.
Program for Friday: After the recognition of two Senators for speeches and the transaction of any morning business (not to extend beyond 9:30 a.m.), Senate will resume consideration of S. 240, Private Securities Litigation Reform Act.
Program for Monday: No legislative business is scheduled.
Baker, Bill, Calif., E1313
Baker, Richard H., La., E1318
Bentsen, Ken, Tex., E1321
Brown, George E., Jr., Calif., E1306
Bryant, Ed, Tenn., E1313
Camp, Dave, Mich., E1320
Chenoweth, Helen, Idaho, E1314
Coble, Howard, N.C., E1316
Conyers, John, Jr., Mich., E1322
Coyne, William J., Pa., E1321
Doolittle, John T., Calif., E1307
Dornan, Robert K., Calif., E1311
Filner, Bob, Calif., E1307
Foglietta, Thomas M., Pa., E1321
Hamilton, Lee H., Ind., E1305
Hastings, Alcee, L., Fla., E1317
Hinchey, Maurice D., N.Y., E1314
Hyde, Henry J., Ill., E1320
Jacobs, Andrew, Jr., Ind., E1312
Jones, Walter B., Jr., N.C., E1311
Kennelly, Barbara B., Conn., E1321
Maloney, Carolyn B., N.Y., E1311
Matsui, Robert T., Calif., E1318
Meek, Carrie P., Fla., E1317
Morella, Constance A., Md., E1307
Pomeroy, Earl, N. Dak., E1320
Rahall, Nick J., II, W. Va., E1308
Riggs, Frank, Calif., E1320
Serrano, José E., N.Y., E1314
Skaggs, David E., Colo., E1319
Stark, Fortney Pete, Calif., E1309
Stupak, Bart, Mich., E1312
Taylor, Charles H., N.C., E1318
Torres, Esteban Edward, Calif., E1314
Wolf, Frank R., Va., E1306