May 8, 1995 CONGRESSIONAL RECORD — SENATE S6277

Mrs. HUTCHISON, Mr. INHOFE, Mr. JEFFORDS, Mr. JOHNSTON, Mrs. KASSEBAUM, Mr. KEMPTHORNE, Mr. KENNEDY, Mr. KERREY, Mr. KERRY, Mr.

KOHL, Mr. KYL, Mr. LEAHY, Mr.

LEVIN, Mr. LIEBERMAN, Mr. LOTT, Mr.

LUGAR, Mr. MACK, Mr. MCCAIN, Mr.

MCCONNELL, Ms. MIKULSKI, Ms.

MOSELEY-BRAUN, Mr. MURKOWSKI,

Mrs. MURRAY, Mr. NICKLES, Mr.

NUNN, Mr. PACKWOOD, Mr. PRESSLER,

Mr. PRYOR, Mr. REID, Mr. ROBB, Mr.

ROCKEFELLER, Mr. SANTORUM, Mr.

SARBANES, Mr. SHELBY, Mr. SIMON,

Mr. SIMPSON, Mr. SMITH, Ms. SNOWE,

Mr. SPECTER, Mr. THOMAS, Mr.

THOMPSON, and Mr. WELLSTONE):

S. Res. 115. A resolution expressing the

sense of the Senate that America’s World

War II veterans and their families are deserving of this nation’s respect and appreciation on the 50th anniversary of V–E Day;

considered and agreed to.

By Mr. DASCHLE (for himself and Mr.

PRESSLER):

S. Res. 116. A resolution recognizing and

commending the Lakota and Dakota Code

Talkers; considered and agreed to.

BILLS AND JOINT RESOLUTIONS

STATEMENTS ON INTRODUCED

fBy Mr. INOUYE:

S. 763. A bill to authorize the Secretary of Transportation to issue a certificate of documentation and coastwise trade endorsement for the vessel

Evening Star, and for other purposes; to

the Committee on Commerce, Science,

and Transportation.

DOCUMENTATION FOR THE VESSEL ‘‘EVENING

STAR’’

Mr. INOUYE. Mr. President, this private relief bill that I am introducing

would authorize a certificate of documentation and coastwise trade endorsement for the vessel Evening Star, a

small boat to be used for interisland

charters. I ask unanimous consent that

the bill be printed in the RECORD.

There being no objection, the bill was

ordered to be printed in the RECORD, as

follows:

S. 763

Be it enacted by the Senate and House of Representatives of the United States of America in

Congress assembled,

SECTION 1. CERTIFICATE OF DOCUMENTATION.

Notwithstanding sections 12106 through

12108 of title 46, United States Code, and section 27 of the Merchant Marine Act, 1920 (46

U.S.C. App. 883), the Secretary of Transportation may issue a certificate of documentation and coastwise trade endorsement for the

vessel EVENING STAR, hull identification

number HA2833700774, and State of Hawaii

registration number HA8337D.

By Mr. GLENN:

S. 764. A bill to amend the Indian

Child Welfare Act of 1978 to require

that determinations concerning the

status of a child as an Indian child be

prospective the child’s date of birth,

and that determinations of membership status in an Indian tribe be based

on the minority status of a member or

written consent of an initial member

over the age of 18, and for other purposes; to the Committee on Indian Affairs.

INDIAN CHILD WELFARE IMPROVEMENT ACT

Mr. GLENN. Mr. President, I rise

today to introduce the Indian Child

Welfare Improvement Act of 1995. Representative DEBORAH PRYCE has introduced companion legislation in the

House. The purpose of this bill is to

clarify the definition of ‘‘Indian child’’

in the Indian Child Welfare Act of 1978.

Mr. President, I rise today to introduce the Indian Child Welfare Improvement Act of 1995. Representative DEBORAH PRYCE has introduced companion

legislation in the House. The purpose

of this bill is to clarify the definition

of ‘‘Indian child’’ in the Indian Child

Welfare Act of 1978.

Mr. President, this legislation is a direct response to a situation involving a

family in Ohio. The Rost family of Columbus, OH received custody of twin

baby girls in the State of California in

November 1993, following the voluntary

relinquishment of parental rights by

both birth parents. The biological father did not disclose his native American heritage in response to a specific

question on the relinquishment document. In February 1994, the birth father informed his mother of the pending adoption. Two months later in

April 1994, the birth father’s mother

enrolled herself, the birth father and

the twin girls with the Pomo Indian

Tribe in California. The adoption agency was then notified that the twins

may be eligible for tribal membership,

and that the adoption could not be finalized without a determination of the

applicability of the Indian Child Welfare Act.

The bill I am introducing today clarifies existing law. The definition of Indian child in my bill would limit the

applicability of the Indian Child Welfare Act to those living on a reservation and their children, and those who

are members of an Indian tribe. In addition, the bill would stipulate that for

the purpose of a child custody proceeding involving an Indian child, membership in an Indian tribe is effective from

the actual date of admission in the Indian tribe and cannot be applied retroactively.

To do otherwise, Mr. President, is

not acting in the best interests of the

adopted children, and that is my principal concern—the interests of the children.

Mr. President, I believe that this bill

does not in any way weaken or compromise current law or protections extended to Native American children

and families. The Indian Child Welfare

Act was enacted to provide safeguards

or standards with respect to State

court proceedings involving Indian

child custody matters, in an effort to

curb involuntary separation of Indian

children from their Indian families,

heritage, and culture. These objectives

and protections are not threatened by

the bill I am introducing.

Mr. President, the Rost family is now

facing a very difficult situation. This

bill and the one introduced by Representative PRYCE will clarify the Indian Child Welfare Act, and I urge its

passage by the Senate.

By Mr. MCCAIN:

S. 765. A bill to amend the Public

Buildings Act of 1959 to require the Administrator of General Services to

prioritize construction and alteration

projects in accordance with meritbased needs criteria, and for other purposes; to the Committee on Governmental Affairs.

FEDERAL BUILDINGS CONSTRUCTION AND

ALTERATION FUNDING IMPROVEMENT ACT

Mr. MCCAIN. Mr. President, today

I’m introducing legislation to help ensure that funding for the construction

and repair of Federal buildings is allocated according to need and priority.

First, the bill would require the

President to submit the administration’s building construction budget request in the form of a prioritized list of

projects. Second, and most importantly, the bill would require the General Services Administration to prepare and maintain a ranked priority

list of all ongoing and proposed construction projects. The list would be

updated and reprioritized with each

new project added either through administrative or congressional action.

Last year, the U.S. Government

spent nearly $400 million on Federal

building construction and repair. That

is an enormous sum of money. Clearly,

the Federal building construction program can and must share in the sacrifice as we seek to gain control over

the deficit.

As we rein in spending, it’s more critical now than ever to ensure that

scarce financial resources are allocated

to our highest priorities.

In order to trim the fat in an informed and efficient manner Congress,

the administration and the taxpaying

public must know what our construction priorities are.

Earlier this year, during debate on

the rescission bill, the Senate considered proposals to cut Federal construction funding. The list of projects proposed for defunding was rather arbitrary and capricious. The tenets of

good government dictate that when we

reduce spending, our lowest priorities

should be put on the chopping block

first. Yet, Congress can not readily determine what those priorities are. By

requiring the General Services Administration, which administers the Federal building fund, to maintain a

ranked list of project priorities, we can

be sure that funding decisions will be

made on the basis of merit rather than

politics or congressional caprice.

Mr. President, foremost, this amendment will help us address the pork barrel politics which has played far too

great a role in the process of Federal

building construction. Currently, when

a member decides a new building is

needed in his or her State or district,

the General Services Administration

conducts what’s known as an 11b survey to determine the need. In most

cases, the GSA determines that a need
S6278 CONGRESSIONAL RECORD — SENATE May 8, 1995

exists. The study is then used to justify

project authorization and appropriation, even though a finding of need is

not a finding that such a project is a

priority.

As projects that are not in the President’s budget request are added by

Congress we do not always have a clear

idea of where they are ranked among

competing priorities. Passage of this

legislation will ensure that this vital

information is readily available.

I hope that the relevant committees

will expeditiously examine this proposal in the hope that we can approve

rapidly this relatively minor but I believe important and helpful change in

procedure.

ADDITIONAL COSPONSORS

fS. 12

At the request of Mr. ROTH, the

names of the Senator from New York

[Mr. D’AMATO], the Senator from Kansas [Mr. DOLE], the Senator from North

Carolina [Mr. FAIRCLOTH], the Senator

from Pennsylvania [Mr. SANTORUM],

the Senator from Mississippi [Mr.

LOTT], the Senator from Kentucky [Mr.

MCCONNELL], the Senator from Wyoming [Mr. SIMPSON], the Senator from

Maine [Ms. SNOWE], the Senator from

Michigan [Mr. ABRAHAM], the Senator

from California [Mrs. FEINSTEIN], and

the Senator from Kentucky [Mr. FORD]

were added as cosponsors of S. 12, a bill

to amend the Internal Revenue Code of

1986 to encourage savings and investment through individual retirement

accounts, and for other purposes.

S. 254

At the request of Mr. LOTT, the name

of the Senator from Massachusetts

[Mr. KENNEDY] was added as a cosponsor of S. 254, A bill to extend eligibility

for veterans’ burial benefits, funeral

benefits, and related benefits for veterans of certain service in the United

States merchant marine during World

War II.

S. 343

At the request of Mr. DOLE, the name

of the Senator from Tennessee [Mr.

FRIST] was added as a cosponsor of S.

343, a bill to reform the regulatory

process, and for other purposes.

S. 351

At the request of Mr. HATCH, the

name of the Senator from Louisiana

[Mr. BREAUX] was added as a cosponsor

of S. 351, a bill to amend the Internal

Revenue Code of 1986 to make permanent the credit for increasing research

activities.

S. 426

At the request of Mr. SARBANES, the

name of the Senator from Florida [Mr.

MACK] was added as a cosponsor of S.

426, a bill to authorize the Alpha Phi

Alpha Fraternity to establish a memorial to Martin Luther King, Jr., in the

District of Columbia, and for other purposes.

S. 457

At the request of Mr. SIMON, the

name of the Senator from Michigan

[Mr. LEVIN] was added as a cosponsor of

S. 457, a bill to amend the Immigration

and Nationality Act to update references in the classification of children

for purposes of United States immigration laws.

S. 641

At the request of Mrs. KASSEBAUM,

the name of the Senator from South

Carolina [Mr. THURMOND] was added as

a cosponsor of S. 641, A bill to reauthorize the Ryan White CARE Act of

1990, and for other purposes.

S. 644

At the request of Mr. CAMPBELL, the

name of the Senator from Idaho [Mr.

CRAIG] was added as a cosponsor of S.

644, a bill to amend title 38, United

States Code, to reauthorize the establishment of research corporations in

the Veterans Health Administration,

and for other purposes.

SENATE CONCURRENT RESOLUTION 9

At the request of Mr. MURKOWSKI, the

name of the Senator from New Hampshire [Mr. SMITH] was added as a cosponsor of Senate Concurrent Resolution 9, a concurrent resolution expressing the sense of the Congress regarding

a private visit by President Lee Tenghui of the Republic of China on Taiwan

to the United States.

AMENDMENT NO. 545

At the request of Mr. BUMPERS the

names of the Senator from North Dakota [Mr. DORGAN], and the Senator

from Illinois [Mr. SIMON] were added as

cosponsors of amendment No. 545 intended to be proposed to H.R. 1158, a

bill making emergency supplemental

appropriations for additional disaster

assistance and making rescissions for

the fiscal year ending September 30,

1995, and for other purposes.

SENATE RESOLUTION 115—RELATING TO THE 50TH ANNIVERSARY

fOF V–E DAY

By Mr. DOLE (for himself, Mr.

INOUYE, Mr. THURMOND, MR. HEFLIN,

Mr. STEVENS, Mr. GORTON, Mr. WARNER, Mr. BUMPERS, Mr. CHAFEE, Mr.

PELL, Mr. HATFIELD, Mr. GLENN, Mr.

ROTH, Mr. HELMS, Mr. MOYNIHAN, Mr.

LAUTENBERG, Mr. EXON, Mr. AKAKA,

Mr. FORD, Mr. HOLLINGS, Mr. DASCHLE,

Mr. ABRAHAM, Mr. ASHCROFT, Mr. BAUCUS, Mr. BENNETT, Mr. BIDEN, Mr.

BINGAMAN, Mr. BOND, Mrs. BOXER, Mr.

BRADLEY, Mr. BREAUX, Mr. BROWN, Mr.

BRYAN, Mr. BURNS, Mr. BYRD, Mr.

CAMPBELL, Mr. COATS, Mr. COCHRAN,

Mr. COHEN, Mr. CONRAD, Mr.

COVERDELL, Mr. CRAIG, Mr. D’AMATO,

Mr. DEWINE, Mr. DODD, Mr. DOMENICI,

Mr. DORGAN, Mr. FAIRCLOTH, Mr.

FEINGOLD, Mrs. FEINSTEIN, Mr. FRIST,

Mr. GRAHAM, Mr. GRAMM, Mr. GRAMS,

Mr. GRASSLEY, Mr. GREGG, Mr. HARKIN,

Mr. HATCH, Mrs. HUTCHISON, Mr.

INHOFE, Mr. JEFFORDS, Mr. JOHNSTON,

Mrs. KASSEBAUM, Mr. KEMPTHORNE, Mr.

KENNEDY, Mr. KERREY, Mr. KERRY, Mr.

KOHL, Mr. KYL, Mr. LEAHY, Mr. LEVIN,

Mr. LIEBERMAN, Mr. LOTT, Mr. LUGAR,

Mr. MACK, Mr. MCCAIN, Mr. MCCONNELL, Ms. MIKULSKI, Ms. MOSELEYBRAUN, Mr. MURKOWSKI, Mrs. MURRAY,

Mr. NICKLES, Mr. NUNN, Mr. PACKWOOD,

Mr. PRESSLER, Mr. PRYOR, Mr. REID,

Mr. ROBB, Mr. ROCKEFELLER, Mr.

SANTORUM, Mr. SARBANES, Mr. SHELBY,

Mr. SIMON, Mr. SIMPSON, Mr. SMITH,

Ms. SNOWE, Mr. SPECTER, Mr. THOMAS,

Mr. THOMPSON, and Mr. WELLSTONE)

submitted the following resolution;

which was considered and agreed to:

S. RES. 115

Whereas on May 7, 1945 in Reims, France,

the German High command signed the document of surrender, surrendering all air, land

and sea forces unconditionally to the Allies;

Whereas President Harry S Truman proclaimed May 8, 1945 to be V–E Day:

Whereas May 8, 1995 is the 50th Anniversary of that proclamation:

Whereas, the courage and sacrifice of the

American fighting men and women who

served with distinction to save the world

from tyranny and aggression should always

be remembered; Now, therefore, be it

Resolved, the United States Senate joins

with a grateful nation in expressing our respect and appreciation to the men and

women who served in World War II, and their

families. Further, we remember and pay tribute to those Americans who made the ultimate sacrifice and gave their life for their

country.

SENATE RESOLUTION 116—COMMENDING THE LAKOTA AND DAfKOTA CODE TALKERS

Mr. DASCHLE (for himself, Mr.

INOUYE, Mr. MCCLAIN, and Mr. PRESSLER) submitted the following resolution; which was agreed to:

S. RES. 116

Whereas the Lakota and Dakota Code

Talkers, Native Americans who were members of the Sioux Nation, worked in radio

communications during World War II and

used their Lakota and Dakota languages to

relay communications;

Whereas Japanese cryptologists never deciphered the Native American languages that

were used as codes during World War II, including the Lakota and Dakota languages;

and

Whereas the Lakota and Dakota Code

Talkers deserve to be recognized for their

contribution to the successful resolution of

the war effort in the Pacific: Now, therefore,

be it

Resolved, That the Senate recognizes and

commends the Lakota and Dakota Code

Talkers for their invaluable contribution to

the successful resolution of World War II.

AMENDMENTS SUBMITTED

fCOMMONSENSE PRODUCT

LIABILITY REFORM ACT

MOSELEY-BRAUN AMENDMENT NO.

691

(Ordered to lie on the table.)

Ms. MOSELEY-BRAUN submitted an

amendment intended to be proposed by

her to amendment No. 690, proposed by

Mr. COVERDELL, to amendment No. 596,

proposed by Mr. GORTON, to the bill

(H.R. 596) to establish legal standards

and procedures for product liability