S7612 CONGRESSIONAL RECORD — SENATE May 26, 1995

Lewiston, ID, on June 3 for the ESA

hearing there.

I want to be counted as one who recognizes the value of our fish and wildlife. I have repeatedly said that I cannot support outright repeal of the Endangered Species Act, as many have

urged. But the act needs substantial revision if it is to be brought back in balance with the economic well-being of

this country and with the needs of its

citizens. Far beyond its original intent,

the act has been made a bludgeon to

suppression legitimate use of public

lands and to threaten private landowners and communities.

Nowhere is that fact more obvious

than in my State of Idaho. Earlier this

year, an Endangered Species Act Lawsuit brought by two preservation

groups resulted in a perverse opinion

which threatened to shut down all economic activity on 14 million acres in

Idaho.

Mr. President, that is an area the

size of Rhode Island, Connecticut, Massachusetts and New Hampshire combined. If the courts can find reason

under the existing law to render such a

devastating opinion as was done in this

case, then it is imperative that Congress correct the obvious flaws in the

law.

As chair of the two subcommittees in

the Senate with jurisdiction over forest

policy, I have embarked on a series of

hearings to understand and correct the

myriad of conflicting laws and regulations which have strangled the practice

of good forestry in this country. The

practice of forestry is at a standstill on

our western public lands, and the primary culprit is the Endangered Species

Act. The forests are ruled by the Endangered Species Act, not the Forest

Service or the Bureau of Land Management, and that is a reality which must

be changed.

Senator GORTON’s bill provides many

of the needed changes. It includes language which Senator KEMPTHORNE and

I introduced as S. 455 earlier this year

to prevent a repeat of the court opinion

I have already described. it would

streamline the section 7 consultation

process, which has proven to be unworkable in our experience with

threatened and endangered salmon. It

brings cost-consciousness, state rights

and private landowners back into the

equation for conservation of species.

I am pleased to be a cosponsor of S.

768. I have told Senator GORTON that I

will assist him in any way possible to

accomplish a balanced reform of the

ESA. It must be done this year—we

have waited too long already. I hope

our colleagues will join us in this effort.

Mr. HATCH. Mr. President, I stand

TRIBUTE TO KRESIMIR COSIC

ftoday to honor the life of Kresimir

Cosic, a Croatian patriot and an adopted son of Utah, who died yesterday

morning after a long illness. On behalf

of Utahns he inspired and charmed for

over a quarter-century, I wish to extend our deepest condolences to his

wife and children.

When he died, Kresimir Cosic was the

Republic of Croatia’s Deputy Ambassador to the United States, a position

in which he played an invaluable role.

But sports fans in this country and

around the world would know him

more for his brilliant career in basketball—a career that spanned nearly two

decades and brought him to the Olympics four times.

His close ties to our country began

nearly 30 years ago, when the coaches

at Brigham Young University, who had

seen the young Croat from Zadar lead

his team from the former Yugoslavia

to claim the silver medal in the 1968

Olympics, invited him to play for the

BYU team. Kresimir Cosic’s decision to

accept was, in one way, his first contribution in diplomacy: He would become the first foreign basketball player to win All-American honors, which

he did in 1972 and 1973.

At BYU, he endeared himself to

Utahns by his brilliant sportsmanship

and his personal decency. As a great

center he dazzled us all, dribbling behind his back, putting up an amazing

defense, and breaking the record of alltime high scorer and rebounder. Off the

court, he shared our faith and warmed

our homes. In all the years I have

known him, including the last year

when he was personally suffering a

great deal, I never saw him without a

smile.

After his 4 years, he was drafted by

the L.A. Lakers and the Carolina Cougars, but he chose to return home.

Fans of world basketball saw him win

most-valued-player honors in the

former Yugoslavia, on All-European

teams, and in the Olympics, where in

Montreal in 1976 his team won the silver medal and in Moscow in 1980 his

team beat the Soviets to win the gold.

Kresimir was a Croatian patriot, who

dedicated the last part of his life to the

rebirth of Croatia’s independence, and

to building strong relations between

his country and ours. The most brilliant sports men and women combine

extraordinary skill, a sophisticated

sense of strategy, and spirit. I suggest

that these are the attributes that also

make good diplomats, for Kresimir was

one of the best.

Since 1991, Kresimir was one of my

wisest counsels on the crisis in the Balkans. Always with optimism, he would

outline the regional complexities with

a shrewd notion of strategy that effortlessly combined historical sense with

the ability to see three moves down the

court. In a world where so much foreign policy is merely reactive,

Kresimir always counseled on how to

anticipate.

While Croatia suffered attack, he did

not despair. His love of country never

wavered, and his dedication to a free

and democratic Croatia was as strong

as his character because it was his

character. In Washington, he served his

country with great distinction, as a

paragon of probity. And always he insisted that Croatia’s greatest ally

should be the United States. In my experience, no one could embody a greater warmth between two countries than

Kresimir Cosic’s friendship with Americans.

Kresimir Cosic lived an example of

physical discipline, mental focus, and

spiritual stamina. He was an inspiration to all who saw him on the court,

to all who engaged him in the halls of

diplomacy and, above all, to all who

had the enriching experience of being

his friend. Kresimir Cosic was one of

the finest human beings I have ever

known. I would like to offer here the

deep gratitude of the citizens of Utah

for the joy Kresimir gave us from the

basketball court, for the faith he

shared with us, for the friendship he

continued to nurture with us throughout his life, and for the efforts he undertook to strengthen relations between the United States and the Republic of Croatia.

We will miss him.

The following petitions and memoriPETITIONS AND MEMORIALS

fals were laid before the Senate and

were referred or ordered to lie on the

table as indicated:

POM–136. A resolution adopted by the

Board of Commissioners of Ferry County,

Washington; to the Committee on Governmental Affairs.

POM–137. A resolution adopted by the Legislature of the State of Alaska; to the Committee on Governmental Affairs.

‘‘LEGISLATIVE RESOLVE NO. 3

‘‘Whereas the Tenth Amendment to the

Constitution of the United States states: The

powers not delegated to the United States by

the Constitution, nor prohibited by it to the

States, are reserved to the States respectively, or to the people.; and

‘‘Whereas the Tenth Amendment defines

the total scope of federal power as being that

specifically granted by the United States

Constitution and no more; and

‘‘Whereas the scope of power defined by the

Tenth Amendment means that the federal

government was created by the states specifically to be an agent of the states; and

‘‘Whereas today, the states are demonstrably treated as agents of the federal government; and

‘‘Whereas many federal mandates are directly in violation of the Tenth Amendment;

and

‘‘Whereas The United States Supreme

Court has ruled in New York v. United

States, 112 S.Ct. 2408 (1992), that the Congress

may not simply commandeer the legislative

processes of the states; and

‘‘Whereas a number of proposals now pending before the Congress may further violate

the Tenth Amendment of the United States

Constitution; and

‘‘Whereas numerous resolutions addressing

various mandates imposed on the states by

federal law have been sent to the federal government by the Alaska State Legislature

without any response or result; and

‘‘Whereas the United States Constitution

envisions sovereign states and guarantees

the states a republican form of government;

and

‘‘Whereas Alaska and its municipalities

are losing their power to act on behalf of
May 26, 1995 CONGRESSIONAL RECORD — SENATE S7613

state citizens as the power of government is

moving farther away from the people into

the hands of federal agencies composed of officials who are not elected and who are unaware of the needs of Alaska and the other

states; and

‘‘Whereas the federal court system affords

a means to liberate the states from the grips

of federal mandates; Now, therefore, be it

‘‘Resolved, That the Alaska State Legislature hereby claims sovereignty under the

Tenth Amendment to the Constitution of the

United States over all powers not otherwise

enumerated and granted to the federal government by that constitution; and be it further

‘‘Resolved, That this resolution serves as

notice and demand to the federal government to cease and desist, effective immediately, imposing mandates on the states

that are beyond the scope of its constitutionally delegated powers; and be it further

‘‘Resolved, That the Governor is respectfully requested to examine and challenge by

legal action on behalf of the state, federal

mandates contained in court rulings, federal

laws and regulations, or federal practices to

the extent those mandates infringe on the

sovereignty of Alaska or the state’s authority over issues affecting its citizens; and be

it further

‘‘Resolved, That Alaska’s sister states are

urged to participate in any legal action

brought under this resolution.’’

POM–138. A concurrent resolution adopted

by the Legislature of the State of Arkansas;

to the Committee on Governmental Affairs.

‘‘SENATE CONCURRENT RESOLUTION

‘‘Whereas, the 10th Amendment to the Constitution of the United States reads as follows: ‘The powers not delegated to the United States by the Constitution, nor prohibited

by it to the States, are reserved to the

States respectively, or to the people.’; and

‘‘Whereas, the 10th Amendment defines the

total scope of federal power as being that

specifically granted by the United States

Constitution and no more; and

‘‘Whereas, the scope of power defined by

the 10th Amendment means that the federal

government was created by the states specifically to be an agent of the states; and

‘‘Whereas, today the states are demonstrably treated as agents of the federal government; and

‘‘Whereas, numerous resolutions have been

forwarded to the federal government by the

Arkansas General Assembly without any response or result from Congress or the federal

government; and

‘‘Whereas, many federal mandates are directly in violation of the 10th Amendment to

the Constitution of the United States; and

‘‘Whereas, the United States Supreme

Court has ruled in New York v. United

States, 112 S. Ct. 2408 (1992), that Congress

may not simply commandeer the legislative

and regulatory processes of the states; and

‘‘Whereas, a number of proposals from previous administrations and some now pending

from the present administration and from

Congress may further violate the United

States Constitution; Now therefore, be it,

‘‘Resolved by the Senate of the Eightieth General Assembly of the State of Arkansas, the

House of Representatives concurring therein:

‘‘(1) That the State of Arkansas hereby

claims sovereignty under the 10th Amendment to the Constitution of the United

States over all powers not otherwise enumerated and granted to the federal government

by the United States Constitution.

‘‘(2) That this serve as Notice and Demand

to the federal government, as our agent, to

cease and desist, effective immediately,

mandates that are beyond the scope of its

constitutionally delegated powers.

‘‘Be it further resolved, That copies of this

Resolution be sent by the Secretary of the

Senate to the President of the United States,

the Speaker of the United States House of

Representatives, the President of the United

States Senate, the presiding officers of each

chamber of the legislatures of the several

states, and Arkansas’ Congressional Delegation.’’

POM–139. A concurrent resolution adopted

by the Legislature of the State of Arizona; to

the Committee on Governmental Affairs.

‘‘HOUSE CONCURRENT RESOLUTION 2015

‘‘Whereas, the Tenth Amendment to the

Constitution of the United States reads as

follows: ‘‘The powers not delegated to the

United States by the Constitution, nor prohibited by it to the States, are reserved to

the States respectively, or to the people.’’;

and

‘‘Whereas, the Tenth Amendment defines

the total scope of federal power as being that

specifically granted by the United States

Constitution and no more; and

‘‘Whereas, today the states are demonstrably treated as agents of the federal government; and

‘‘Whereas, many federal mandates are directly in violation of the Tenth Amendment

to the Constitution of the United States; and

‘‘Whereas, the United States Supreme

court has ruled in New York v. United

States, 112 S. Ct. 2409 (1992) that Congress

may not simply commandeer the legislative

and regulatory processes of the states; and

‘‘Whereas, a number of proposals from previous administrations and some now pending

from the present administration and from

Congress may further violate the United

States Constitution; Now, therefore, be it

‘‘Resolved by the House of Representatives of

the State of Arizona, the Senate concurring:

‘‘1. That the State of Arizona hereby

claims sovereignty under the Tenth Amendment to the Constitution of the United

States over all powers not otherwise enumerated and granted to the federal government

by the United States Constitution.

‘‘2. That this serve as notice and demand to

the federal government, as our agent, to

cease and desist, effective immediately,

mandates that are beyond the scope of its

constitutionally delegated powers.

‘‘3. That the Secretary of State of the

State of Arizona transmit copies of this Concurrent Resolution to the President of the

United States, the Speaker of the United

States House of Representatives, the President of the United States Senate, the Speaker of the House of Representatives and the

President of the Senate of each state’s legislature of the United States of America, and

the Arizona Congressional delegation.’’

POM–140. A joint resolution adopted by the

Legislature of the State of Maine; to the

Committee on Governmental Affairs.

‘‘JOINT RESOLUTION

‘‘Whereas, the Tenth Amendment to the

United States Constitution reads as follows:

‘‘The powers not delegated to the United

States by the Constitution, nor prohibited

by it to the States, are reserved to the

States respectively, or to the people.’’; and

‘‘Whereas, the Tenth Amendment defines

the total scope of federal power as being that

power specifically granted by the United

States Constitution and no more; and

‘‘Whereas, the scope of power defined by

the Tenth Amendment means that the Federal Government was created by the states

specifically to be an agent of the states; and

‘‘Whereas, many federal mandates may be

in direct violation of the Tenth Amendment

to the United States Constitution; and

‘‘Whereas, the United States Supreme

Court has ruled in New York v. United States,

112 S. Ct. 2408 (1992) that Congress may not

simply commandeer the legislative and regulatory processes of the states; and

‘‘Whereas, a number of proposals from previous administrations and some now pending

from the present administration and from

Congress may further violate the United

States Constitution; and

‘‘Whereas, the Congress of the United

States has also passed numerous laws that

have protected individual freedom and liberty and promoted the general welfare of all

Americans, including, but not limited to, the

Civil Rights Act and the Voting Rights Act;

Now, therefore, be it

‘‘Resolved, That we, your Memorialists, on

behalf of the people of the State of Maine,

claim sovereignty under the Tenth Amendment to the United States Constitution over

all powers not otherwise enumerated and

granted to the Federal Government by the

Constitution; and be it further

‘‘Resolved, That this memorial serve as notice and demand to the Federal Government,

as our agent, to cease and desist, effective

immediately, mandates that are beyond the

scope of its constitutionally delegated powers; and be it further

‘‘Resolved, That nothing in this resolution

may be construed to demonstrate lack of

support for federal legislation protecting individual freedom and liberty and promoting

the general welfare of all Americans, including, but not limited to, the Civil Rights Act

and the Voting Rights Act; and be it further

‘‘Resolved, That suitable copies of this Memorial, duly authenticated by the Secretary

of State, be transmitted to the Honorable

William J. Clinton, President of the United

States, the President of the Senate and the

Speaker of the House of Representatives of

the Congress of the United States, and the

Majority leader of the United States Senate.’’

POM–141. A concurrent resolution adopted

by the Legislature of the State of Michigan;

to the Committee on Governmental Affairs.

‘‘HOUSE CONCURRENT RESOLUTION NO. 945

‘‘Whereas, the Tenth Amendment to the

Constitution of the United States reads as

follows: ‘‘The powers not delegated to the

United States by the Constitution, nor prohibited by it to the States, are reserved to

the States respectively, or to the people’’;

and

‘‘Whereas, the Tenth Amendment defines

the total scope of federal power as being the

authority specifically granted by the United

States constitution and no more; and

‘‘Whereas, the scope of power defined by

the Tenth Amendment means that the federal government was created by the states

specifically to be an agent of the states; and

‘‘Whereas, today, in 1994, the states are demonstrably treated as agents of the federal

government; and

‘‘Whereas, numerous resolutions have been

forwarded to the federal government by the

Michigan Legislature without any response

or result from Congress or the federal government; and

‘‘Whereas, many federal mandates are directly in violation of the Tenth Amendment

to the Constitution of the United States; and

‘‘Whereas, the United States Supreme

Court has ruled in New York v. United States

112 S. Ct. 2408 (1992), that Congress may not

simply commandeer the legislative and regulatory processes of the states; and

‘‘Whereas, a number of proposals from previous presidential administrations and some

now pending from the present administration and from Congress may further violate

the United States Constitution; Now, therefore, be it

‘‘Resolved by the House of Representatives

(the Senate concurring), That the Michigan
S7614 CONGRESSIONAL RECORD — SENATE May 26, 1995

Legislature hereby asserts Michigan’s sovereignty under the Tenth Amendment to the

Constitution of the United States over all

powers not otherwise enumerated and granted to the federal government by the United

States Constitution; and be it further

‘‘Resolved, That we hereby memorialize the

federal government, as our agent, to cease

and desist, effective immediately, mandates

that are beyond the scope of its constitutionally delegated powers; and be it further

‘‘Resolved, That copies of this resolution be

transmitted to the President of the United

States Senate, the Speaker of the United

States House of Representatives, the presiding officer of the legislative bodies of each of

the states and the members of the Michigan

congressional delegation.’’

POM–142. A joint resolution adopted by the

Legislature of the State of Nevada; to the

Committee on Governmental Affairs.

‘‘SENATE JOINT RESOLUTION NO. 1

‘‘Whereas, the 10th Amendment to the Constitution of the United States states that the

‘‘powers not delegated to the United States

by the Constitution, nor prohibited by it to

the States, are reserved to the States respectively, or to the people’’; and

Whereas, the 10th Amendment confirms

that the scope of power of the Federal Government is no more than that which is specifically enumerated and delegated to the

Federal Government by the Constitution of

the United States; and

‘‘Whereas, the power of the states, as stated in the 10th Amendment, indicates that

the Federal Government was created by the

several states specifically to act as an agent

of the states; and

‘‘Whereas, by requiring the various states

to carry out certain federal mandates, the

Federal Government is demonstrably treating the states as agents of the Federal Government; and

Whereas, many federal mandates may be in

direct violation of the Constitution of the

United States, and may, therefore, infringe

upon the powers reserved to the states or to

the people by the 10th Amendment; and

‘‘Whereas, in the case of New York v. United

States, 112 S.Ct. 2408 (1992), the Supreme

Court of the United States stated that the

Congress of the United States may not simply commandeer the legislative and regulatory processes of the states, and that Congress exercises its conferred powers subject

to the limitations contained in the Constitution; and

‘‘Whereas, numerous proposals from previous presidential administrations and some

now proposed by the current presidential administration and Congress may further violate the 10th Amendment and other provisions of the Constitution of the United

States; Now, therefore, be it

‘‘Resolved by the Senate and Assembly of the

State of Nevada, jointly, That the State of Nevada hereby claims sovereignty pursuant to

the 10th Amendment to the Constitution of

the United States over all powers not otherwise enumerated and delegated to the Federal Government by the Constitution of the

United States; and be it further

‘‘Resolved, That this resolution serve as a

notice and demand to the Federal Government, as the agent of the State of Nevada, to

cease and desist immediately the enactment

and enforcement of mandates which are beyond the scope of the enumerated powers

delegated to the Federal Government by the

Constitution of the United States; and be it

further

‘‘Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the President of the United States,

the vice President of the United States as

presiding officer of the Senate, the Speaker

of the House of Representatives and each

member of the Nevada Congressional Delegation; and be it further

‘‘Resolved That this resolution becomes effective upon passage and approval.’’

POM–143. A joint resolution adopted by the

Legislature of the State of Nevada; to the

Committee on Governmental Affairs.

‘‘SENATE JOINT RESOLUTION NO. 4

‘‘Whereas, since the mid-1980s, Congress

has increasingly shifted the cost of federally

mandated programs to the states; and

‘‘Whereas, educational programs mandated

by the Federal Government seriously impair

the ability of a state to establish the academic, social and nutritional programs that

it determines are best suited to the particular educational situation in the state; and

‘‘Whereas, the 10th Amendment to the Constitution of the United States defines the

total scope of federal power as being that

specifically granted by the United States

Constitution and no more; and

‘‘Whereas, requiring the states to carry out

certain educational programs enables Congress to expand its federal power and encroach upon the states’ power; now, therefore, be it

‘‘Resolved by the Senate and Assembly of the

State of Nevada, Jointly, That the Nevada

Legislature hereby urges that before Congress adopts legislation which mandates the

states to provide particular educational programs, Congress determines the approximate

amount of money it will cost the respective

states to comply with the mandate; and be it

further

‘‘Resolved, That the Nevada Legislature

hereby urges Congress not to enact any mandate requiring the state to provide educational programs in violation of the scope

of the enumerated powers delegated to the

Federal Government by the Constitution of

the United States; and be it further

‘‘Resolved, That copies of this resolution be

transmitted forthwith by the Secretary of

the Senate to the Vice President of the United States as presiding officer of the Senate,

the Speaker of the House of Representatives

and each member of the Nevada Congressional Delegation; and be it further

‘‘Resolved, That this resolution becomes effective upon passage and approval.’’

POM–144. A joint resolution adopted by the

Legislature of the State of Nevada; to the

Committee on Governmental Affairs.

‘‘ASSEMBLY JOINT RESOLUTION NO. 9

‘‘Whereas, the Lake Tahoe Basin is an area

of significant and often unparalleled scenic,

recreational, educational, scientific and natural value for the states of California and

Nevada as well as the entire nation; and

‘‘Whereas, the natural beauty of the Lake

Tahoe Basin has attracted increasing numbers of visitors and residents to the area in

the past 25 years, thereby increasing the

amount of traffic congestion and air pollution in the basin; and

‘‘Whereas, the Lake Regional Planning

Agency, pursuant to its authority under the

provisions of the Tahoe Regional Planning

Compact, has created a regional transportation plan which calls for the delivery of

mail from door to door in the Lake Tahoe

Basin as a means of reducing the total number of miles traveled by vehicles in the

basin; and

‘‘Whereas, the Tahoe Regional Planning

Agency has similarly created a postal service action plan which also provides for the

implementation of a program for the delivery of mail from door to door, as well as

other programs such as the delivery of mail

to neighborhood cluster boxes; and

‘‘Whereas, although the delivery of mail

from door to door has been initiated in certain portions of the Lake Tahoe Basin, delivery throughout the basin would decrease the

current total number of miles traveled by vehicles in the basin by an estimated 57,000

miles per day; and

‘‘Whereas, such a reduction in the miles

traveled per day by vehicles in the Lake

Tahoe Basin would help to reduce the increasing amount of traffic congestion and air

pollution in the Lake Tahoe Basin; Now,

therefore, be it

‘‘Resolved By the Senate Assembly of the

State of Nevada, Jointly, That the Legislature

of the State of Nevada hereby urges the Congress of the United States and the United

States Postal Service to initiate and maintain a program for the delivery of mail from

door to door in the Lake Tahoe Basin or

other similar programs which would enhance

the efficiency of the delivery of mail and assist in the effort to reduce traffic congestion

and air pollution in the Lake Tahoe Basin;

and be it further

‘‘Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this

resolution to the Vice President of the United States as the presiding officer of the Senate, the Speaker of the House of Representative, each member of the Nevada Congressional Delegation and the Postmaster General of the United States Postal Service; and

be it further

‘‘Resolved, That this resolution becomes effective upon passage and approval.’’

POM–145. A concurrent resolution adopted

by the Legislature of the State of Oregon; to

the Committee on Governmental Affairs.

‘‘SENATE CONCURRENT RESOLUTION 3

‘‘Whereas the Tenth Amendment to the

Constitution of the United States reads as

follows: ‘‘The powers not delegated to the

United States by the Constitution, nor prohibited by it to the States, are reserved to

the States respectively, or to the people’’;

and

‘‘Whereas the Tenth Amendment defines

the total scope of federal power as being that

specifically granted by the United States

Constitution and no more; and

‘‘Whereas the scope of power defined by the

Tenth Amendment means that the Federal

Government was created by the states specifically to be an agent of the states; and

‘‘Whereas today, in 1995, the states are in

fact treated as agents of the Federal Government; and

‘‘Whereas we declare that all Oregonians,

when they form a social compact, are equal

in right, that all power is inherent in the

people and all free governments are founded

on their authority and instituted for their

peace, safety and happiness and that they

have at all times a right to alter, reform or

abolish their government in such manner as

they may think proper; and

‘‘Whereas memorials have been forwarded

to the Federal Government by the Oregon

Legislative Assembly without any response

or result from Congress or the Federal Government; and

‘‘Whereas many federal mandates are directly in violation of the Tenth Amendment

to the Constitution of the United States; and

‘‘Whereas the United States Supreme

Court has ruled in New York v. United States,

112 S. Ct. 2408 (1992), that Congress may not

simply commandeer the legislative and regulatory processes of the states; and

‘‘Whereas a number of proposals now pending from the present administration and

from the previous Congress would further

violate the United States Constitution; Now,

therefore, be it

‘‘Resolved by the Legislative Assembly of the

State of Oregon:
May 26, 1995 CONGRESSIONAL RECORD — SENATE S7615

‘‘(1) That the State of Oregon hereby

claims sovereignty under the Tenth Amendment to the Constitution of the United

States over all other powers not otherwise

enumerated and granted to the Federal Government by the United States Constitution.

‘‘(2) That the Federal Government, as our

agent, is hereby instructed to ceases and desist, effective immediately, mandates that

are beyond the scope of its constitutionally

delegated power.

‘‘(3) That a copy of this resolution shall be

sent to the President of the United States,

the Speaker of the House of Representatives,

the President of the Senate of the United

States and each house of each state’s legislature of the United States of America.’’

The following reports of committees

REPORTS OF COMMITTEES

fwere submitted:

By Mr. ROTH, from the Committee on

Governmental Affairs and the Committee on

the Judiciary, jointly, with amendments in

the nature of a substitute:

S. 343. A bill to reform the regulatory process, and for other purposes (Rept. No. 104–89).

By Mr. ROTH, from the Committee on

Governmental Affairs and by Mr. HATCH,

from the Committee on the Judiciary, jointly, with amendments in the nature of a substitute:

S. 343. A bill to reform the regulatory process, and for other purposes (Rept. No. 104–89)

(Rept. No. 104–90).

By Mr. PRESSLER, from the Committee

on Commerce, Science, and Transportation,

with amendments:

S. 267. A bill to establish a system of licensing, reporting, and regulation for vessels

of the United States fishing on the high seas,

and for other purposes (Rept. No. 104–91).

EXECUTIVE REPORTS OF

COMMITTEES

fThe following executive reports of

committees were submitted:

By Mrs. KASSEBAUM, from the Committee on Labor and Human Resources:

Henry W. Foster, Jr., of Tennessee, to be

Medical Director in the Regular Corps of the

Public Health Service, subject to qualifications therefor as provided by law and regulations, and to be Surgeon General of the Public Health Service, for a term of 4 years.

(The above nomination was reported

with the recommendation that he be

confirmed, subject to the nominee’s

commitment to respond to requests to

appear and testify before any duly constituted committee of the Senate.)

INTRODUCTION OF BILLS AND

JOINT RESOLUTIONS

fThe following bills and joint resolutions were introduced, read the first

and second time by unanimous consent, and referred as indicated:

By Mr. COCHRAN:

S. 867. A bill to amend the Internal Revenue Code of 1986 to revise the estate and gift

tax in order to preserve American family enterprises, and for other purposes; to the

Committee on Finance.

By Mr. STEVENS:

S. 868. A bill to provide authority for leave

transfer for Federal employees who are adversely affected by disasters or emergencies,

and for other purposes; to the Committee on

Governmental Affairs.

By Mr. CHAFEE:

S. 869. A bill to authorize the Secretary of

Transportation to issue a certificate of documentation with appropriate endorsement for

employment in the coastwise trade for the

vessel DRAGONESSA, and for other purposes; to the Committee on Commerce,

Science, and Transportation.

By Mr. HATFIELD (for himself and Mr.

JEFFORDS):

S. 870. A bill to amend the Solid Waste Disposal Act to require a refund value for certain beverage containers, and to provide resources for State pollution prevention and

recycling programs, and for other purposes;

to the Committee on Commerce, Science,

and Transportation.

By Mr. JOHNSTON (for himself and

Mr. MURKOWSKI):

S. 871. A bill to provide for the management and disposition of the Hanford Reservation, to provide for environmental management activities at the Reservation, and for

other purposes; to the Committee on Energy

and Natural Resources.

By Mr. BOND (for himself and Mr.

LIEBERMAN):

S. 872. A bill to provide for the establishment of a modernized and simplified health

information network for Medicare and Medicaid, and for other purposes; to the Committee on Finance.

By Mr. THURMOND (for himself and

Mr. HOLLINGS):

S. 873. A bill to establish the South Carolina National Heritage Corridor, and for

other purposes; to the Committee on Energy

and Natural Resources.

By Mr. GRAMS (for himself, Ms.

MOSELEY-BRAUN, Mr. HARKIN, and

Mr. KOHL):

S. 874. A bill to provide for the minting and

circulation of one dollar coins, and for other

purposes; to the Committee on Banking,

Housing, and Urban Affairs.

By Mr. PRESSLER:

S. 875. A bill to amend section 202 of the

Federal Property and Administrative Services Act of 1949 to exclude certain property

in the State of South Dakota; to the Committee on Environment and Public Works.

By Mr. EXON (for himself and Mr.

KERREY):

S. 876. A bill to provide that any payment

to a local educational agency by the Department of Defense, that is available to such

agency for current expenditures and used for

capital expenses, shall not be considered

funds available to such agency for purposes

of making certain Impact Aid determinations; to the Committee on Labor and

Human Resources.

By Mrs. HUTCHISON:

S. 877. A bill to amend section 353 of the

Public Health Service Act to exempt physician office laboratories from the clinical laboratories requriements of that section; to

the Committee on Labor and Human Resources.

By Mr. COCHRAN (for himself, Mr.

LOTT, Mr. WARNER, Mr. MCCONNELL,

Mr. SANTORUM, Mr. ABRAHAM, Mr.

D’AMATO, Mr. BOND, Mr. PRESSLER,

Mr. DEWINE, Mr. KYL, Mrs. KASSEBAUM, and Mrs. HUTCHISON):

S. 878. A bill to amend the Internal Revenue Code of 1986 to reduce mandatory premiums to the United Mine Workers of America Combined Benefit Fund by certain surplus amounts in the Fund, and for other purposes; to the Committee on Finance.

By Mr. HATFIELD (for himself and Mr.

JEFFORDS):

S. 879. A bill to amend the Solid Waste Disposal Act to require a refund value for certain beverage containers, and to provide resources for State pollution prevention and

recycling programs, and for other purposes;

to the Committee on Commerce, Science,

and Transportation.

By Mr. CHAFEE:

S.J. Res. 35. A joint resolution prohibiting

funds for diplomatic relations with Vietnam

at the ambassadorial level unless the President certifies to Congress that Vietnam is

making a good faith effort to resolve cases

involving United States servicemen who remain unaccounted for from the Vietnam

War, and for other purposes; to the Committee on Foreign Relations.

By Mr. ASHCROFT (for himself and

Mr. BROWN):

S.J. Res. 36. A joint resolution proposing

an amendment to the Constitution of the

United States to allow the States to limit

the period of time United States Senators

and Representatives may serve; to the Committee on the Judiciary.

BILLS AND JOINT RESOLUTIONS

STATEMENTS ON INTRODUCED

fBy Mr. COCHRAN:

S. 867. A bill to amend the Internal

Revenue Code of 1986 to revise the estate and gift tax in order to preserve

American family enterprises, and for

other purposes; to the Committee on

Finance.

THE NATIONAL FAMILY ENTERPRISE

PRESERVATION ACT OF 1995

∑ Mr. COCHRAN. Mr. President, today

I am introducing the National Family

Enterprise Preservation Act of 1995

which will provide estate tax relief to

many of our Nation’s family owned

farms and businesses.

Our current tax laws are forcing

many inheritors of family farms and

businesses to sell the enterprise in

order to pay estate taxes. A family

farm or business is not only a productive component of our economy, it is a

distinctive part of our American economic system and the personal dream

of millions of Americans.

But all this is being threatened by

high taxes that are imposed by government when the owner dies.

Small businesses are being forced to

merge into large corporations because

marketable stock can be acquired tax

free and many estate tax problems can

be avoided. In 1942, the estate tax affected only 1 estate out of 60. Today,

this number has increased to 1 out of

20.

Another consideration is that inflation has pushed the value of many family farms and businesses into the range

of estate tax liability. The result has

been that heirs of these enterprises

often sell their business to pay estate

taxes.

Family owned farms and businesses

are a vital component of our economy

and society and should be preserved.

They give families a sense of freedom,

accomplishment, and pride in ownership. This is the essence of free enterprise.

Mr. Chairman, earlier this year I had

the opportunity to visit with a tree

farmer from my State who was recognized this year by the Mississippi Forestry Association as ‘‘Forester of the

Year.’’ His name is Chester Thigpen,

and he is truly a remarkable man.